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Item 7C&DAGENDA ITEM #7C &c D JULY 12, 2004 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEMS: Rescheduled public hearings to consider two companion applications as described below. (Copies of the applications have been previously provided to the Commission.) The request for an amendment to the Future Land Use Map of the Comprehensive Plan must be considered first. The proposed project is known as Johnston Island. 1. Public hearing and first reading to consider Ordinance Number 31-04-03, pursuant to an application (File Number SSA-2004-01) for a change in land use designation as established on the 2005 Future Land Use Map seeking a change in designation of 3.6 acres from Conservation to Residential, Medium Density, and a contiguous 0.5-acre parcel from Conservation to General Commercial. 2. Public hearing and first reading to consider Ordinance Number 52-04-02, an ordinance seeking to rezone lands from Conservation to Planned Unit Development. The rezoning request, File Number REZ-2004-01 and known as the Johnston Island PUD, seeks to rezone approximately 7.5 acres to Planned Unit Development (PUD). The proposed plan of development contains an estimated 30-36 condominium units and a private yacht club, restaurant, and bed-and-breakfast. Parking, associated amenities, accessory uses, open space and submerged lands also occupy a portion of the site. SUBMITTED BY: Sonya Doerr, AICP .~.~ Community Development Director DATE: June 30, 2004 !~ BACKGROUND: This project, formally known as the Atlantic Beach Yacht Club, was considered by the Community Development Board at the February 24, 2004 meeting, and was previously scheduled for the March 08, 2004 and April 26, 2004 City Commission meetings. ~"' At the request of the Applicant, the items were defered and re-advertised for the July 12, 2004 meeting of the Commission. There have been no substantive changes to the proposed project, which is summarized as follows. • A multi-use PUD containing approximately 7.5 acres (about 4 acres of upland and 3.5 acres of submerged lands.) • An amendment to the Future Land Use Map to re-designate 3.6-acres to Residential, Medium Density, and 0.5 acres to General Commercial. • A 3.6-acre residential component proposed to contain up to 36 condominium units. "'•" • A 0.5-acre commercial component proposed to contain a private yacht club and restaurant, abed-and-breakfast and typical accessory uses. ,•. July 12, 2004 regular meeting ~* AGENDA ITEM #7C & D JULY 12, 2004 Proposed height of structures: within 250-feet of the bridge, no structure will exceed the height of the bridge. Otherwise, residential structures are proposed to be a maximum of 88-feet, and non-residential structures are proposed to be a maximum of 58-feet. BUDGET: No budget issues. ~" RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD AS TO THE SMALL SCALE AMENDMENT: .The Community Development Board, at their February 24, 2004 regular meeting, approved a motion to recommend denial to the City ~""" Commission of a Small Scale Amendment for this project (then known as the Atlantic Beach Yacht Club) to amend the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium '~'' Density and from Conservation to Commercial, providing the following Finding of Facts. 1. The proposed amendment is not consistent with the 2005 Comprehensive Plan. 2. The proposed amendment is not consistent with the intended and desired future growth and development of the City of Atlantic Beach. RECOMMENDATION OF THE COMMUNITY DEVELOPMENT BOARD AS TO THE REQUEST FOR REZONING• The Community Development Board also approved a motion to recommend denial to the City Commission of the related PUD application to rezone from Conservation (CON) to Planned Unit Development (PUD) lands as described within application File Number REZ-2004-01, finding: 1. The requested rezoning is not consistent with the 2005 Future Land Use Map designation of those lands as described within the application. 2. The requested rezoning to Planned Unit Development is not consistent with the Goals, Objectives and Policies of the Comprehensive Plan. 3. The requested rezoning is not consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. 4. The specific uses and special conditions as set forth with in the rezoning application are not consistent and compatible with surrounding development. STAFF COMMENTS AND RECOMMENDATIONS ~""" The proposed development is a unique project for the City, and the site is in a very unique location with characteristics unlike any other site within the City. Although the property has a land use and zoning designation of Conservation, these designations have been assigned much "" by virtue of this 7.5-acre parcel's location within the larger lands annexed into the City in 1996. The site is located amidst environmentally sensitive areas, but this property presently exists as an abandoned commercial and industrial site with little vegetation and no distinct '"~' environmental features. It is Staffs opinion that the site is suitable for appropriate 2 July 12, 2004 regular meeting AGENDA ITEM #7C & D JULY 12, 2004 development subject to all applicable local and State and Federal permitting requirements. In ~. the case that the SSA and the PUD are approved by the City, no local Development Permits shall be issued until all other required permits have been issued by other agencies. ~• The following suggested motions for the two applications -for both approval .and denial -are provided to assist the Commission. Action on the proposed Small Scale Amendment must be made prior to a recommendation related to the rezoning. Su~~ested Motion to Approve the Small Scale Amendment The City Commission may consider a motion to enact Ordinance Number 31-04-03, said Ordinance approving a Small Scale Amendment, for a project known as Johnston Island, and amending the 2005 Future Land Use Map designation of .those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial, providing the following Finding of Facts. 1. The proposed amendment has been fully considered after public hearing pursuant to legal notice published as required by law. 2. The proposed amendment is consistent with the 2005 Comprehensive Plan, and is in accordance with Section 163.3187(1)(c) Florida Statutes, and Rule 9J-5, Florida Administrative Code. 3. The proposed amendment is consistent with the intended and desired future growth and development of the City of Atlantic Beach. Suggested Motion to Deny the Small Scale Amendment The City Commission may consider a motion to deny a request for a Small Scale Amendment, for a project known as Johnston Island, seeking to amend the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial, providing the following Finding of Facts. 1. The proposed amendment is not consistent with the 2005 Comprehensive Plan, Section 163.3187(1)(c) Florida Statutes, or Rule 9J-5, Florida Administrative Code. 2. The proposed amendment is not consistent with the intended and desired future growth and development of the City of Atlantic Beach. In the case that the Commission acts to approve the Small Scale Amendment, the applicant is entitled to a change in zoning designation that is consistent with the Comprehensive Plan Map amendment. In such case, Staff recommends approval of the proposed PUD subject to the following conditions: !"" 3 July 12, 2004 regular meeting ~* AGENDA ITEM #7C & D JULY 12, 2004 • The number of Dwelling Units shall not exceed thirty-six (36); • The height of residential and non-residential structures shall not exceed a maximum Height of Building of thirty-five (35) feet. Alternatively, and in the case that the Commission acts to approve additional height, Staff recommends the following condition: the height of residential and non-residential structures shall not exceed the maximum height of the northern westbound span of the bridge, and all structures shall be treated with architectural details similar to that represented within the application such that mechanical equipment located on the roofs of all structures is concealed. • Non-residential Uses, shall be limited to those as set forth within Section 3 of the application, which is attached to and made part of Ordinance Number 52-04-02. Any modification to the Permitted Uses within this PUD shall be approved only upon action of the City Commission in Accordance with Section 24-136 of the Land Development Regulations. Suggested Motion to Approve the Rezoning to PUD ~„ The City Commission may consider a motion to enact Ordinance Number 52-04-02, said Ordinance creating the Johnston Island PUD, which shall change the zoning designation from Conservation (CON) to Planned Unit Development (PUD) for lands as described „~. within application File Number REZ-2004-01, adopting the proposed ordinance, application and supporting documents, and all terms and conditions as set forth therein, subject to the above cited conditions, provided: (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 1. The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. 2. This rezoning shall not become effective until the effective date of the companion application for a Small Scale Amendment, amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial. 3. The rezoning to Planned Unit Development is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density and Commercial. 4. The rezoning is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. '~"' 4 July 12, 2004 regular meeting AGENDA ITEM #7C & D JULY 12, 2004 5. The zoning district designation of Planned Unit Development, and the specific uses and "'" special conditions as set forth therein, are consistent and compatible with surrounding development. Su~~ested Motion to Deny the Rezoning to PUD '""' The City Commission may consider a motion to deny a request to enact Ordinance Number 52-04-02, said Ordinance seeking to create the Johnston Island PUD, which shall change the zoning designation from Conservation (CON) to Planned Unit Development ~"' (PUD) for lands as described within application File Number REZ-2004-01, provided: (Provide findings offact similar to the following.) 1. This rezoning is not consistent with the 2005 Future Land Use Map designation of those lands as described within the application. 2. The rezoning to Planned Unit Development is not consistent with the Goals, Objectives and Policies of the Comprehensive Plan 3. The rezoning is not consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. 4. The specific uses and special conditions as set forth with in the rezoning applications are not consistent and compatible with surrounding development. ATTACHMENTS: Staff Report prepared for the Community Development meeting and proposed ordinances. (Minutes of the CD Board meeting, and application packages have been previously provided to the City Commission. These are maintained by the City in File Numbers SSA-2004-O1 and REZ-2004-O1, and are available for public review upon request.) REVIEWED BY CITY MANAGER: .--- '~ ,~ July 12, 2004 regular meeting AGENDA ITEM #7C Sc D JULY 12, 2004 AGENDA ITEM 6.c and 6.d J 'fit ~~ ~~ ~~ Jiii~r' COMMUNITY DEVELOPMENT STAFF REPORT February 24, 2004 Public Hearing Atlantic Beach Yacht Club PUD and SSA To: Community Development Board From: Planning, Zoning and Community Development Department Date: February 12, 2003 Subject: SSA-2004-01 and PUD-2004-01 Applicant: Prosser Hallock Engineers and Planners, Inc. on behalf of Bridge Tenders, LLC Inc. 13901 Sutton Park Drive, South, Suite 200 Jacksonville, Florida 32224-0229 ~„ Requested Change: Request to rezone approximately 7.5 acres from Conservation to Planned Unit Development and a related request for a Small Scale Amendment to the 2005 Comprehensive Plan to change the land use designation of 3.3 ~• acres from Conservation to Residential, Medium Density, and a contiguous 0.3-acre parcel from Conservation to General Commercial. Location: Generally located immediately north of the Atlantic Boulevard (SR 10) bridge on the east side of the Intracoastal Waterway. The property is locally referred to as Johnston Island. Future Land Use: Conservation (CON) FLUM 2005 Surrounding Zoning: Conservation (CON) immediately surrounding the site; residential zoning to the east within the City of Atlantic Beach; industrial zoning to the west within the City of Jacksonville Surrounding Land Use: Intracoastal Waterway and marsh areas; abandoned restaurant and boat yard on site, commercial marine repair, and shipyard to the west. This request involves two companion applications. (The applications have been previously provided "" to the Community Development Board.) Each is addressed separately as follows. ~"` AGENDA ITEM #7C & D JULY 12, 2004 1) SSA-2004-01: A request for a Small Scale Amendment (SSA) to the 2005 Future Land Use Map of the Comprehensive Plan to change the land use designation of 3 3 acres from Conservation to Residential, Medium Density, and a contiguous 0 3-acre parcel from Conservation to General Commercial. Process: Section 163.3187(1)(c), Florida Statutes provides that certain amendments to the Future Land Use Map (FLUM) of the adopted Comprehensive Plan may be made related to small scale development activities. The proposed project is consistent with such conditions and limitations. (The Small Scale Amendment process is a significantly simplified process in comparison to the Large Scale Amendment process.) If the City Commission chooses to adopt the amendment, the change is made by ordinance, with the customary two readings, but with a 30-day effective date. Florida Statutes require this 30-day time period, during when the Department of Community Affairs may choose to review and comment on the SSA, or the public may "challenge" the amendment in accordance with a process set forth in Chapter 163, Florida Statutes. If DCA has no comment, and there is no valid challenge to the SSA, it automatically becomes effective 30 days after adoption by the City Commission. Project: The subject property consists of approximately 7.5 acres, although not all of the site is ,~„ developable land. The Johnston Island property was included in those lands annexed into the City of Atlantic Beach. in 1996, and in 1998, all of the annexed lands were designated on the FLUM as Conservation. While this property, which is just east of the Intracoastal Waterway, is surrounded by ~,. undeveloped marsh and wetland, the property is best described as an abandoned commercial and marine services site. The site was a boatyard for many years, and several boats and remnants of that activity are scattered across the property. The dilapidated Rumrunners restaurant and several outbuildings also remain on the site. The application seeks to change the FLUM designation of a 3.3- acre portion of the site to Residential, Medium Density (not to exceed ten dwelling units per acre) to allow for the proposed condominium development, and also to change a 0.3-acre .part of the site to ~"' Commercial to allow for a restaurant and bed and breakfast. The remainder of the overall site would remain designated as Conservation, limited only to uses as allowed within the Conservation land use category. Action: Amendments related to small scale development activities are legislative rather than quasi- judicial in nature. In summary, in order to approve the SSA, the Community Development Board and City Commission must find that the proposed change in land use designation will result in an expression of policy that will contribute to the orderly growth of the City, and which is consistent with the desired and intended development pattern of the City. 2) PUD-2004-01: A request to rezone approximately 7.5 acres from Conservation (Con) to Planned Unit Development (PUD) to permit development of an estimated 30-36 condominium units (but not to exceed 10 dwelling units per acre) on a 3 3-acre residential portion of the site and a restaurant and bed-and-breakfast on a 0 3-acre commercial portion of the site. A private yacht club for use by residents and restaurant customers only is also proposed. Proposed parking, associated amenities, accessory uses and open space and wetlands occupy the remainder of the site. Process: The Small Scale Amendment and the rezoning to PUD may be considered concurrently, but the proposed rezoning should be approved only if the SSA is adopted and made effective. Otherwise, 2 AGENDA ITEM #7C Sc D JULY 12, 2004 the rezoning would not be consistent with the Comprehensive Plan. If the CD Board and the City Commission act to approve the two applications, the effective date of the ordinance creating the PUD ~" must be set after the SSA is effective. As with all rezonings and Comprehensive Plan amendments, the Community Development Board will make a recommendation to the City Commission to approve or deny the requests. The items will then be properly noticed and scheduled for public hearing and ""'' two ordinance readings by the Commission. Project: The proposed plan of development and pertinent issues are summarized as follows. Residential -The approximately 3.3-acre residential portion of the project proposes 30-36 condominium units. This number may vary slightly depending upon final surveying and the exact acreage of this part of the site, but in no case can the number of units exceed 10 dwelling units per acre on the residential part of the PUD. Parking for the residential units will be on the lower level of the residential structures. Specific development standards are set forth on pages 7-8 of the PUD application. Associated amenities and typical residential accessory uses are also proposed. • Commercial - An approximately 0.3 acre portion of the site is proposed to be developed ~. commercially with a restaurant and a maximum 20-room bed and breakfast. • Private Yacht Club -Boat slips not to exceed two per dwelling unit, and to be used exclusively „~, by residents and restaurant patrons are proposed generally on the east side of the project. Deep water access to the Intracoastal Waterway would be provided. Typical boating related accessory uses such as a harbormaster's office and shop are also proposed. Development of the marina area shall be subject to permitting requirements of all appropriate regulatory agencies including FDEP and the Army Corps of Engineers. ~,,, • Utilities -Utilities will be located underground, and it shall be the developer's responsibility to extend water and sewer lines from existing Atlantic Beach lines to the serve the project. • Height -The application requests a building height of 88-feet for residential structures and 58- feet for non-residential structures, except that no structure will exceed the height of the bridge for a distance of 250-feet from the bridge. STAFF COMMENTS The proposed development is a unique project for the City, and the site is in a very unique location with characteristics unlike any other site within the City. Although the property has a land use and zoning designation of Conservation, these designations have been assigned much by virtue of this 7.5- acre parcel's location within the larger lands annexed into the City in 1996. The site is located amidst environmentally sensitive areas, but this property presently exists as an abandoned commercial and industrial site with little vegetation and no distinct environmental features. It is Staff s opinion that the site is suitable for appropriate development subject to all applicable local and State permitting requirements. In considering the proposed land use amendment and the rezoning, several issues must be addressed by the Community Development Board and the City Commission. Proposed Uses: The 30 to 36 residential units, and the proposed Residential, Medium Density designation do not seem inappropriate for this 7.5-acre site. There are no other residential uses adjacent to this site, and the nearest residential lands with the City of Atlantic Beach (Section H / Marsh Oaks) are designated Residential, Medium Density. The land on the west side of the ICW, 3 AGENDA ITEM #7C & D JULY 12, 2004 within the City of Jacksonville, is occupied by heavy industrial, marine related uses. The site's limited access and proximity to the Atlantic Boulevard bridge also constrain use of the site. Development of the private yacht basin, if approved, will be highly regulated in accordance with State and Federal requirements. Subject to the marina remaining private, and no future marine fuel sales, ~"" staff does not obj ect to this use or associated uses that are typically accessory to a private marina. The commercial portion of the project consists of 0.3 acres of the site. Staff has some concerns about traffic related impacts related to the restaurant since the nature of this traffic is different than that of ~"" the residential use, where residents become accustomed to the unusual access conditions of the site. The commercial use and needed access improvements will be addressed by FDOT. "~` Height: The Community Development Board and the Commission must determine if this site, given its proximity to the bridge and the scale of the surrounding bridge structure, is unique such that approval of the requested height would not set precedent for any future requests to exceed the established 35-foot height limit that has been historically maintained throughout most of the City. Staff strongly supports enforcement of the 35-foot height limit within established residential and commercial areas. Staff has concerns about the requested 88-feet height for a portion of the residential use, which would be located generally on the northern side of the site. In this single instance, however, the requested 58-feet (or the height of the bridge) may be acceptable from a design ~,. standpoint, as this would provide for a view from the bridge across the top of the structures rather than a view down-into mechanical equipment located on top of the roofs of the buildings. Staff does not object to building height not greater than the maximum height of the northern westbound span of ~• the bridge for residential buildings only, provided that all structures are treated with architectural details similar to that represented within the application such that mechanical equipment located on the roofs of all structures is concealed. Traffic and access: The site is accessed by the existing FDOT road that was built during the Atlantic Boulevard ICW bridge reconstruction. Use of this roadway and any required improvements shall be subject to FDOT permitting. FDOT will assess improvements needed to serve the project, such as needed deceleration and acceleration lanes, if the project is approved by the City and submitted to FDOT for review. (Staff has informally reviewed the project with FDOT staff, and «~ initial comments respond to the need for an extended westbound decel lane.) Planning Staff has also requested a review of traffic impacts from the senior transportation planner with the Northeast Florida Regional Council. The following comments are provided by Ed Lehman, Director of Growth " Management with the Regional Council. Trin Generation """ The proposed plans for the Atlantic Beach Yacht Club are for 36 condominiums, a 5,500 square foot quality restaurant, approximately 74 marina slips, and a 20-room bed and breakfast hotel. For trip generation purposes, it was assumed that 37 of the 74 slips would be private, and would therefore not generate additional trips onto the roadway network. Using trip generation rates and equations from the ITE Trip Generation Manual, 7th Ed., the applicant estimates that a total of 70 peak hour trips will be generated by the project, with 45 entering and 25 exiting. The applicant's trip generation ~. estimates are reasonable and justified; however, I recommend after meeting with the applicant that the estimate for the bed and breakfast be increased (only raising the total trips to 74 peak hour trips). 4 AGENDA ITEM #7C St D JULY 12, 2004 Trip Distribution and Impact Analysis The location of the project is unique in that all exiting trips must go westbound, and all entering trips arrive from the east. According to the latest FDOT Level of Service Report for Duval County, the segment of Atlantic Blvd. within Atlantic Beach between the Intracoastal Waterway and Mayport Road is operating at LOS D. The 2002 AADT as published by FDOT is 59,500 daily trips, with the adopted LOS D service volume of 61,800 daily trips. Additional traffic from this project should not lower the operating LOS below the adopted standard. However, this is not a concurrency determination, which should be done consistent with the concurrency requirements of the City. The applicant has provided sufficient evidence indicating that there appear to be adequate U-turn or turnaround opportunities for eastbound exitin traffic. In addition the a licant has g pp provided sufficient evidence that eastbound entering traffic could use the protected left-turn signal at the ~ Mayport Road/Florida Boulevard exit. In summary, after review of the land use amendment and proposed PUD rezoning application, I believe that there are no significant traffic issues that would result from the project The following suggested motions are provided to assist the Community Development Board in their recommendation. Action on the proposed Small Scale Amendment must be made prior to a recommendation related to the rezoning. Suggested Action to Recommend Approval of the Small Scale Amendment The Community Development Board may consider a motion to recommend approval to the City Commission of a Small Scale Amendment, for a project known as the Atlantic Beach Yacht Club, amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial, providing the following Finding of Facts. 1. The proposed amendment has been fully considered after public hearing pursuant to legal notice published as required by law. 2. The proposed amendment is consistent with the 2005 Comprehensive Plan, and is in accordance with Section 163.3187(1)(c) Florida Statutes, and Rule 9J-5, Florida Administrative Code. The proposed amendment is consistent with the intended and desired future growth and development of the City of Atlantic Beach. Suggested Action to Recommend Denial of_the Small Scale Amendment The Community Development Board may consider a motion to recommend denial to the City Commission of a Small Scale Amendment, for a project known as the Atlantic Beach Yacht Club, amending the 2005 Future Land Use Map designation of those lands as described within ~"" application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial, providing the following Finding of Facts. ~.• AGENDA ITEM #7C St D JITLY 12, 2004 s~• 1. The proposed amendment is not consistent with the 2005 Comprehensive Plan, Section +~ 163.3187(1)(c) Florida Statutes, or Rule 9J-5, Florida Administrative Code. 2. The proposed amendment is not consistent with the intended and desired future growth and development of the City of Atlantic Beach. Suggested Action to Recommend Approval of the Rezoning to PUD ~* The Community Development Board may consider a motion to recommend approval to the City Commission of the Atlantic Beach Yacht Club PUD, a rezoning from Conservation (CON) to Planned Unit Development (PUD) for lands as described within application File Number REZ- '"^" 2004-01), adopting the proposed ordinance, application and supporting documents, and all terms and conditions as set forth therein, provided: (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 1. The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. 2. This rezoning shall not become effective until the effective date of the companion application for a Small Scale Amendment, amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial. 3. The rezoning to Planned Unit Development is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density and Commercial. 4. The rezoning is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. ~" 5. The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth therein, are consistent and compatible with surrounding development. Su~~ested Action to Recommend Denial of the Rezoning to PUD The Community Development Board may consider a motion to recommend denial to the City Commission of the Atlantic Beach Yacht Club PUD, a rezoning from Conservation (CON) to ~`' Planned Unit Development (PUD) for lands as described within application File Number REZ- 2004-01), provided: (Provide findings of fact similar to the following, and attach other conditions as may be appropriate.) 6 «M AGENDA ITEM #7C & D JULY 12, 2004 1. This rezoning is not consistent with the 2005 Future Land Use Map designation of those lands as described within the application. 2. The rezoning to Planned Unit Development is not consistent with the Goals, Objectives and ~"" Policies of the Comprehensive Plan 3. The rezoning is not consistent with the Land Development Regulations, specifically Division '"" 6, establishing standards for Planned Unit Developments. 4. The specific uses and special conditions as set forth with in the rezoning applications are not '~ consistent and compatible with surrounding development. ~» ew. 7 ~» AGENDA ITEM #7C & D JULY 12, 2004 ~. H:\PLANNING\REZONING F[LES\REZ-2004-01 (Atlantic Beach Yacht Club)\CDB Staff Report.Doc g ~* AGENDA ITEM #7C & D JULY 12, 2004 Proposed ORDINANCE NUMBER 31-04-03 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31- 04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO RESIDENTIAL, MEDIUM DENSITY AND GENERAL COMMERCIAL "~ RELATED TO A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON ISLAND, PROVIDING FOR INTENT; AUTHORITY; FINDINGS OF CONSISTENCY; FINDINGS OF FACT; SEVERABILITY; RECORDATION AND AN EFFECTIVE DATE. WHEREAS, Section 163.3187, Florida Statues, establishes the process for the amendment of the adopted Comprehensive Plan; and ~,,, WHEREAS, Section 163.3187(1)(c) Florida Statutes, specifically establishes conditions and procedures whereby the City Commission may adopt an amendment to the Future Land Use Map of the Comprehensive Plan related to a proposed small scale development activity; and ~. WHEREAS, after required notice was published, public hearings were held, in accordance with Section 166.041 (3) (c), Florida Statutes. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. INTENT. The purpose of this ordinance is to amend the 2005 Future Land Use Map (FLUM) of the Comprehensive Plan for the City of Atlantic Beach, pursuant to application, File Number SSA-2004-01. The FLUM is hereby amended to change the land use designation of 3.3 acres from Conservation to Residential, Medium Density, and a contiguous 0.3-acre parcel from Conservation to General Commercial, as depicted within attached Exhibit 1, being part of those lands as described within the legal description attached as Exhibit 2. SECTION 2. AUTHORITY.. This ordinance is .adopted pursuant to Chapter 163, Florida Statues, and Rule 9J-11, Florida Administrative Code. SECTION 3. FINDINGS OF CONSISTENCY. The City Commission for the City "~" of Atlantic Beach hereby finds that this amendment to the 2005 Future Land Use Map is consistent with Section 163.3187(1)(c) Florida Statutes Rule 9J-11, Florida Administrative Code, and consistent with City of Atlantic Beach Comprehensive Plan, as first adopted by Ordinance 95-90-48. SECTION 4. FINDINGS OF FACTS. The proposed amendment has been fully "' considered after public hearing pursuant to legal notice published as required by law and is in accordance with Section 163.3187(1)(c) Florida Statutes, and Rule 9J-11, Florida Administrative Code, and this amendment to the 2005 Future Land Use Map, and the related proposed small Page 1 of 2 Proposed Ordinance 31-04-03 AGENDA ITEM #7C & D JULY 12, 2004 ~. scale development activity as enacted by Ordinance Number 52-04-02, is consistent with the intended and desired future growth and development of the City of Atlantic Beach, as well as """ applicable provisions of the adopted Comprehensive Plan as set forth within that application, attached to and made part of this ordinance as Exhibit 3. SECTION 5. SEVERABILITY. It is declared to be the intent of the City Commission for the City of Atlantic Beach, that if any provision, paragraph, or section of this Ordinance, and this Plan amendment is for any reason finally held invalid or unconstitutional by any Court of competent jurisdiction, such provision shall be deemed separate, distinct and independent and such holdings shall not effect or alter the remaining provisions of this ordinance or the adopted Comprehensive Plan. SECTION 6. This Ordinance 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. ~, SECTION 7. EFFECTIVE DATE. The effective date of this amendment to the Future Land Use Map of the adopted Comprehensive Plan shall be thirty-one (31) days following the adoption date of this amendment. However, if any affected person files a petition with the ~„ Florida Division of Administrative Hearings pursuant to Section 120.57, Florida Statutes, to request a hearing to challenge the compliance of this Plan amendment, this Plan amendment shall not be come effective until the Florida Department of Community Affairs, or the Florida ~,,, Administration Commission, respectively, issues a final order determining this Plan amendment is in compliance. No development orders, development permits or land uses dependent upon this Plan amendment may be issued or commence before it has become effective. If a final order of ,. noncompliance is issued, this Plan amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oak ~• Boulevard, Tallahassee, Florida 32399-2100. Passed upon first reading and public hearing by the City Commission of the City of ~,,, Atlantic Beach this 12th day of July, 2004. Passed upon final reading and public hearing this day of , 2004. JOHN S. MESERVE ~" Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Attest: Office of the City Clerk Page 2 of 2 Proposed Ordinance 31-04-03 ~. ~~~~M~ EXHIBIT 1 2005 Future Land Use Map Amendment EXISTII`IG FLCIM ~ 3.6 AC COIy ~ ra PROPOSED AMEI`IDMEIyT N 7 3.3 AC MDR ~~ 0.3 AC GC d Small Scale Development Land Oise . • ~ Map Amendment ~.. ~'' ~" '.' . .~ ~'' • ~~. ~• ~ ' c. ieneral Commercial ~ ` i ~ i • • ~ aroject Bounty ` Medium Density Residential . ~ "" ; ` ~ 3.3 AC ! ~~, ~ ,,rl, • ~ • © ` ~„ ~~~ r ~ ~ • ~, ~~ '~~ ,-.. ~~ ~"' q,, • ~~ s0 0 25 6o NORTH '~~ JANUARY 5, Zooa Prosser Hdllock PLANNERS & ENGINffER6 ~cHT cz~ AGENDA ITEM #7C S D JULY 12, 2004 ~- EXHIBIT 2 Hook 11451 Page 1666 Legal Description Tract 1: That part of unsurveyed fractional Section Nineteen (19) Township Two (2) ,,,,, South, Range Twenty-nine (29) East, lying North of the One hundred (100) foot right of way of Atlantic Boulevard and lying East of the unsurveyed fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and lying South of the unsurveyed ~, fractional Section Eighteen (18}, Township Two (2) South, Range Twenty-nine (29) East, and lying West of a line Two Hundred (200) feet Easterly (measured along the North right of way line of Atlantic Boulevard) of and parallel to the East Five hundred (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. Tract 2: All of tl~e unsurveyed fractional Section Twenty-four (24), Townsi~ip 2 Soutiz, Range 28 East, lying East of the center of the Ittracoastal Canal as the waters in the sane now flow; said parcel of land being also described by metes and bounds as follows: "'" Commencing as a Point of Beginning 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 wine now flow, running thence Northerly along the center line of said Intracoastal Canal as the waters of 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 tl~e Point of Beginning. -~- AGENDA ITEM #7C & D JULY 12, 2004 Proposed ORDINANCE NUMBER: 52-04-02 AN ORDINANCE OF THE CITY OFATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 52-04-02, REZONING LANDS AS DESCRIBED HEREINAFTER FROM CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD); TO BE KNOWN AS THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE; REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission for the City of Atlantic Beach, Florida hereby finds that the public health, safety and welfare of citizens are protected and enhanced by the enactment of this ordinance, and "' WHEREAS, the change in Zoning District designation 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 accomplish and implement the goals and objectives of the Comprehensive Plan; and WHEREAS, after required notice was published, a public hearing and first reading of the proposed ordinance was held on the 12th day of July, 2004 at 7:15 p.m., and a public hearing and second reading were held on the day of , 2004 at 7:15 p.m. to hear and enact said Ordinance. 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 Prosser Hallock Engineers and Planners on behalf of Bridge Tenders, LLC Inc., the title owner of record in the application (File Number REZ 2004-01) with supporting documents for the zoning change dated January O5, 2004, and submitted to the City of Atlantic Beach, Florida on January 07, 2004, hereinafter known as the JOHNSTON ISLAND PLANNED UNIT DEVELOPMENT (PUD) application, which is attached to and made part of this Ordinance, the zoning classification of lands as described within Exhibit 2 -Legal Description of "'°' said application is hereby changed to Planned Unit Development (PUD). SECTION 2. That development of the lands within this Planned Unit Development shall proceed in accordance with the PUD application, attached to this ordinance, dated January O5, 2003, and other supporting documents, which are apart of File Number REZ-2004-01, and incorporated by reference into and made part of this Ordinance. In the case of conflict between the application, the supporting documents, and the provisions of this Ordinance, the provisions of this Ordinance shall prevail. Proposed Ordinance 52-04-02 Page 1 of 3 AGENDA ITEM #7C 8c D JULY 12, 2004 ~, SECTION 3. Findings of Fact: The need and justification for approval of the JOHNSTON ISLAND PUD have been considered in accordance with the City ofAtlantic Beach Comprehensive Plan and the Zoning, Subdivision Land Development Regulations and, whereby, it is found that: ,~ 1. The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law. 2. This rezoning shall not become effective until the effective date of the companion application for a Small Scale Amendment, amending the 2005 Future Land Use Map designation of those lands as described within application File Number SSA-2004-01 from Conservation to Residential, Medium Density and from Conservation to Commercial. 3. The rezoning to Planned Unit Development is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Medium Density and Commercial. 4. The rezoning is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. ~. 5. The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth therein, are consistent and compatible with surrounding ,~„ development. SECTION 4. To the extent they do not conflict with the unique specific provisions of this ,,, PUD Ordinance, 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 5. This Ordinance 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. ""®~ SECTION 6. This ordinance shall become effective on the day of , 2004, except that the effective date of this ordinance shall not precede the effective date of companion Ordinance 31-04-03, and shall be the same effective date as Ordinance 31-04-03 in the event that said ordinance is made effective after 2004. Upon the effective date of this Qrdinance, the change in zoning classification shall be recorded on the official Zoning Map as maintained in the ~ Building, Zoning and Community Development Department by the Community Development Director or designated administrative official. Proposed Ordinance 52-04-02 Page 2 of 3 AGENDA ITEM #7C & D JULY 12, 2004 Passed on first reading and public hearing by the City Commission of the City of Atlantic Beach this 12th day of July, 2004. Passed on final reading and public hearing this day of , 2004. JOHN S. MESERVE Mayor/Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Attest: Office of the City Clerk Proposed Ordinance 52-04-02 Page 3 of 3