Item 7C&D~"'
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM #7C & 7D
JULY 26, 2004
AGENDA ITEMS: Second reading and public hearing to consider two companion
~'" applications as described below, and as amended at the July 12, 2004 meeting. The
proposed project is known as Johnston Island.
~"' 1. Public hearing and second reading of Ordinance Number 31-04-03, pursuant to an
e 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
1""' from Conservation to Residential, Medium Density, and a contiguous 0.5-acre parcel from
Conservation to General Commercial.
2. Public hearing and second reading of 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 up to 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 ~Qel~
'w Community Development Director
DATE: July 20, 2004
BACKGROUND: The Johnston Island project was considered at the July 12th meeting, and an
~,,, amended motion to approve the project subject to the following revisions to the PUD application
was made.
• Section 3.2, Development Standards: revise to establish a maximum height for residential
~` structures of sixty-nine (69) feet.
• Section 3.1, Master Plan: revise to clarify that any restaurant use shall be for the use of
:~""' residents, yacht club members and their guests only, and shall not be adrive-through,
franchise, chain or fast-food type restaurant. Also, clarify that any fuel sales will be
limited to yacht club members, and no otherwise commercial fuels sales or fueling docks
1"' shall be permitted.
July 26, 2004 regular meeting
AGENDA ITEM #7C & 7D
JULY 26, 2004
STAFF COMMENTS AND RECOMMENDATIONS
At the July 12th meeting, the Commission asked that several issues be addressed prior to the July
26th meeting.
Access road -The applicant has confirmed that the FDOT maintained roadway, which
provides the only access to this property, is a public right-of--way extending from Atlantic
Boulevard to the southern boundary of the Johnston Island property. This private roadway
is outside of the project boundary. In other words,, the public would continue to have any
current access and use of that roadway to access property that may be outside of the
Johnston Island property.
Signage -Section 3.10 (page 10) of the PUD sets forth the signage that will be permitted
within the PUD, if approved. The sign size and height standards conform to the City's sign
regulations. An 8-foot high, 60 square feet, ground-lighted monument sign will be placed
at the project's entrance. A sign of this size has also been requested at the Atlantic
Boulevard entrance, which would require FDOT approval as well as approval by the
Commission in accordance with Section 17-28 (b), which states:
(b) Signs ....that are located within Public or dedicated Right-of--ways shall be approved
by the City Commission. Such Signs may be approved at the time of Final Plat
approval as set forth by Section 24-205 of this Code, or alternatively, such Signs may
be approved upon specific application to the Commission. Approval of the City
Commission shall be required prior to the issuance of a Sign Permit. Such Signs
shall complement and conform to the "WELCOME TO ATLANTIC BEACH" Signs in
features including lettering, color, composition, structural materials, ftnished surface,
and shall be constructed of wood or similar material giving the ftnished appearance
of carved or sandblasted wood, as described within Section 17-32.
Utilities -The PUD requires utilities to be placed underground. It will be the developer's
responsibility to provide any required geotechnical testing and engineering design
necessary to determine if the characteristics of the soil are suitable for directional boring of
underground utilities from existing services. FDEP and the other permitting agencies will
provide review to ensure the integrity of the lines.
RECOMMENDATION: A motion to approve the Small Scale Amendment (first reading of
Ordinance Number 31-04-03) carried unanimously. An amended motion to approve the proposed
~„ PUD (first reading of Ordinance Number 52-04-02), as revised, carried by a 3:2 vote incorporating
the findings of fact and conditions as provided within the Staff Report provided for the July 12,
2004 meeting, and made part of these applications.
ATTACHMENT: Revised Exhibit 1 to SSA Ordinance 31-04-03 (with correction as noted at
July 12th meeting.)
BUDGET: No budget issues.
REVIEWED BY CITY MANAGER, _
#~"' 2 7uly 26, 2004 regular meeting
AGENDA ITEM #7C & 7D
JULY 26, 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 Lan se
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 & 7D
JULY 26, 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
AGENDA ITEM #7C & 7D
JULY 26, 2004
Proposed ORDINANCE NUMBER: 52-04-02
AN ORDINANCE OF THE CITY OF ATLANTIC 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 a part 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 & 7D
JULY 26, 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 of Atlantic 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 Ordinance, 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
1"" Director or designated administrative official.
~"
Proposed Ordinance 52-04-02 Page 2 of 3
AGENDA ITEM #7C & 7D
JULY 26, 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.
JOHNS. 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