Ordinance No. 52-10-04 v ORDINANCE NUMBER: 52 -10 -04
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, MODIFYING A
PREVIOUSLYAPPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS
THE JOHNSTON ISLAND PUD TO PROVIDE FOR AN ALTERNATIVE
DEVELOPMENT PLAN; PROVIDING FINDINGS OF FACT; PROVIDING A
SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN
EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby fords that the
modification to the Johnston Island Planned Unit Development (PUD) to be enacted by this ordinance
shall provide for orderly growth; encourage the appropriate use of Land; protect and conserve the value
of property; prevent the overcrowding of Land; promote, protect and improve the health, safety, comfort,
good order, appearance, convenience, and general welfare of the public and serve to establish
consistency with the Comprehensive Plan, and
WHEREAS, after required notice was published, a public hearing was held by the Community
Development Board on the 21st day of September, 2010 at 6:OOpm. Introduction and first reading of the
proposed Ordinance by the City Commission was held on the 25th day of October, 2010 at 6:pm.
Second reading of the proposed Ordinance and a public hearing to hear, consider and adopt said
Ordinance was held on the 8` day of November, 2010 at 6:00 p.m.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE
PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. That, as requested by Charles O. Chupp, Managing Member and sole owner of
record of those lands as described by Legal Description attached hereto as Exhibit A, certain changes to
the plan of development, as described and set forth herein are approved.
SECTION 2. This PUD modification provides for an alternate development plan which may
proceed in lieu and instead of the plan approved within the original Johnston Island PUD Ordinance
Number 52 -05 -03 as adopted on August 22, 2005. These plans are hereinafter referred to as "the
Original Plan" and "the Alternative Plan." This ordinance hereby stipulates that once any development
commences that is specific only to the Original Plan, all rights to commence any uses specific only to the
Alternative Plan shall terminate, and conversely, once any development commences that is specific only
to the Alternative Plan, all rights to commence any uses specific only to the Original Plan shall terminate.
SECTION 3. The Original Plan and the Alternative Plan articulated.
The Original Plan shall proceed in accordance with all conditions, limitations and representations
contained within Ordinance 52 -05 -03 and as recorded within OR Book 12717, pages 1548 -1567, known
as the JOHNSTON ISLAND PUD.
The Alternative Plan provides for an exchange of uses, additional conditions and stipulations, as set
forth in EXHIBIT B, attached hereto, and to be known as the JOHNSTON ISLAND PUD, AS
MODIFIED.
SECTION 4. Findings of Fact. This modification of the JOHNSTON ISLAND PUD has been
considered in accordance with the Comprehensive Plan and the Land Development Regulations and,
whereby, it is found that:
1. This request for a PUD modification has been fully considered following a public hearing before
and a recommendation from the Community Development Board and after public hearing before
the City Commission with legal notice duly published as required by law.
2. This PUD modification is consistent with the 2010 -2020 Comprehensive Plan Future Land Use
Map in that the Alternative Plan eliminates residential development in the Coastal High Hazard
Area.
3. This PUD modification does not affect adversely the orderly development of the City.
4. This PUD modification is consistent with the Land Development Regulations, specifically
Division 6, establishing standards for the modification to previously approved Planned Unit
Developments.
SECTION 5. To the extent they do not conflict with the unique specific provisions of the
JOHNSTON ISLAND PUD, AS MODIFIED all provisions of the Land Development Regulations, as
such may be amended from time to time, shall be applicable to this development; except that
modification to this PUD by variance or special use shall be prohibited except as allowed by the Land
Development Regulations, and except to the degree that the development may qualify for vested rights in
accordance with applicable ordinances and laws. Notwithstanding any provision of this ordinance, no
portion of any Building Code, Comprehensive Plan or any regulation aside from those set forth within
the Land Development Regulations shall be deemed waived or varied by any provision herein.
SECTION 6. This Ordinance shall take effect immediately upon its fmal passage and adoption
and shall be recorded in a book kept and maintained by the Clerk of the City of Atlantic Beach, Duval
County, Florida, in accordance with Section 125.68, Florida Statutes.
Passed upon first reading by the City Commission of the City of Atlantic Beach this 25 day of
October, 2010.
Passed and enacted, upon fmal reading and public hearing and adoption this 8 day of November,
2010.
/ 1 / 1 4 : 4 ' M1 /
Mike Borno
Mayor/Presiding Officer
A.pro, d ; to form and correctness:
/I
• 1.4 ( nsen, Esquire
• . , rne
Attest: 1Onn4'
01:6A te-
Donna L. Bartle, CMC
City Clerk
Ordinance 52 -10 -04 Page 2 of 2
JOHNSTON ISLAND PUD AS MODIFIED EXHIBIT A
Property Identification and Legal Description
The Duval County Property Appraiser real estate identification number for the Site is 172391-
0000 and the physical address is 14001 Atlantic Boulevard. The Legal Description for the Site is
as follows:
Tract 1: That part of unsurveyed fractional Section 19, Township 2 South, Range 29 East, lying
North of the 100 foot right -of -way of Atlantic Boulevard and lying East of unsurveyed fractional
Section 24, Township 2 South, Range 28 East, and lying South of unsurveyed fractional Section
18, Township 2 South, Range 29 East, and lying West of a line 200 feet easterly (measured along
the north right -of -way line of Atlantic Boulevard) of and parallel to the east 500 foot right -of-
way of the Intracoastal Waterway as shown on a map recorded in Plat Book 14 page 70, of the
current public records of Duval County, Florida.
Subject However, to the Easement of the United States of America in and to the 500 foot right -of-
way of the Intracoastal Waterway described in Deed recorded in Deed Book 592 page 257, said
public records, and shown on a map recorded in Plat Book 14 page 70, said public records.
Subject further however, to the interest of the United States of America as set forth in
instruments recorded in Deed Books 698 at pages 421, 424, 427, 437, 440, 444, 448 said public
records, and by instrument recorded in Deed Book 809 page 167, said public records.
Tract 2: Section 24, Township 2 South, Range 28 East, lying east of the center of the Intracoastal
Canal as the waters in the same now flow; said parcel of land being also described by metes and
bounds as follows:
Commencing at the point where the eastern boundary of said Section 24, township 2, Range 28
East, intersects the northern boundary of said Section 24, running thence south to a point 200
feet, more or less, south of Atlantic Boulevard where said eastern boundary of Section 24
intersects the center line of the Intracoastal Canal as the water in the same now flow to where
said center line intersects the northerly boundary of said Section 24, thence east along the
northerly boundary of said Section 24 to the Point of Beginning; subject to easement for the
Canal and the right -of -way of Atlantic Boulevard as now located.
Exhibit A to Ordinance Number 52 -10 -04
JOHNSTON ISLAND PUD AS MODIFIED EXHIBIT B
A. Alternative Plan
Within the Johnston Island PUD, as modified to provide for an alternative development plan, the
following uses shall be permitted.
1. A restaurant open to the general public, subject to each of the following conditions.
a. The land area to be used for the restaurant structure shall not occupy more than one -half
acre of the site.
b. Customer dining seats shall not exceed 125, including indoor and outdoor dining seats.
c. Fast -food drive - through restaurants shall not be permitted.
d. The alcoholic beverage license for any restaurant shall be limited to a Series SRX (Special
Restaurant) license only.
e. The architectural design of any structures shall be consistent with the design themes and
concepts as presented within Exhibit B of the original Johnston Island PUD adopted by
Ordinance 52- 05 -03. Recognizing that these are residential renderings, these same design
styles containing elements of Florida vernacular styles are well- suited to this site. Other
designs including those with elements of Mediterranean, Spanish, coastal New England
styles may be appropriate as well, it being the express intent that design context of any
buildings constructed shall be suited to the character of the surrounding natural coastal and
marsh environment.
f. Any live music shall be limited to that which uses no outdoor amplifiers of any kind, and
any music, whether played through speakers or performed live, shall not be audible at any
level or at any time beyond the limits of the open water of the Intracoastal Waterway.
2. Floating docks on the east or west sides of the island for transient docking as may be
permitted by the appropriate state and federal agencies.
3. A harbor interior to the island limited to the number of boat slips as may be permitted
by the appropriate state and federal agencies with an accessory building for
harbormaster use.
4. Canoe/kayak landing areas or docks similar to those within the City's preserves, subject
to local permitting requirements.
5. Passive park and resource based recreation activities.
B. Development Standards
Unless specifically and otherwise set forth herein, all applicable provisions of the City of
Atlantic Beach Land Development Regulations, as may be in effect at the time any permits are
sought, shall be applicable to development of this site.
Exhibit B to Ordinance Number 52 -10 -04
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JOHNSTON ISLAND PUD AS MODIFIED EXHIBIT B
C. Limitations and Restrictions
The following limitations, in addition to those that apply pursuant to applicable provisions of the
City's Land Development Regulations, shall apply to the use and development of lands described
herein.
1. The marina shall not be permitted to sell or dispense gasoline and shall make all reasonable
efforts to qualify as a "clean marina" as described in the current Florida Statutes.
2. No boat wastewater shall be discharged into the onsite septic system. If a marina pumpout
and/or waste dump system are planned, they shall be designed such that waste is discharged
into separate collection tank(s) meeting applicable environmental and public health
regulations, and they shall be regularly serviced and maintained according to maintenance
contracts with contractors competent in the repair and service of pumpout and waste dump
receptacle equipment.
3. No dry storage of boats, trailers or derelict boats shall be permitted, except that canoes,
kayaks and similar non - motorized watercraft may be kept on the site.
4. Pervious (coquina, gravel, pavers, or porous concrete) materials shall be used in the parking
area to reduce the amount of impervious surface.
D. Infrastructure
Electric and telecommunication lines shall be installed underground in accordance with the
policies of the utility provider. The Developer is responsible for the provision, construction and
maintenance of potable water and sanitary sewer facilities in accordance with the terms and
requirements of the City of Atlantic Beach Utility Department.
The development shall conform to the requirements of the St. Johns River Water Management
District and City of Atlantic Beach for stormwater storage and disposal. Drainage plans for the
development shall be submitted to the City's Building and Public Works Departments for
approval prior to commencement of construction.
E. Access
Access will be provided to this PUD by utilizing the existing FDOT roadway that links the
property to Atlantic Boulevard.
F. Developer /Property Owner's Commitment
The Developer stipulates and agrees to proceed with the development in accordance with this
ordinance, known as the JOHNSTON ISLAND PUD AS MODIFIED as enacted by the City
Commission of Atlantic Beach, Florida. The term "Developer" shall include the current owner
any subsequent developers, owner(s) successors or assigns of the lands described herein.
Developer's commitment to proceed in accordance with the terms and conditions of this PUD
modification, as adopted and enacted by Ordinance Number 52 -10 -04 attested hereto by
following signature.
Signed: Date:
Charles O. Chupp, Managing Member
Exhibit B to Ordinance Number 52 -10 -04
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