Item 8A
CITY OF ATLANTIC BEACH
~, CITY COMMISSION STAFF REPORT
AGENDA ITE1~I #8A
AUGUST 23, 2004
AGENDA ITEM: Information related to proposed development site within the City of
Jacksonville, which is contiguous to the City of Atlantic Beach
(north of the Fleet Landing PUD and west of the Ocean Walk PUD)
~..
SUBMITTED BY: Sonya Doerr, AICP ,~,,Q
Community Development Director
DATE: August 10, 2004
~' BACKGROUND: The subject property contains approximately 27 acres with about 17
acres of regulatory wetlands. (Please bear in mind that all information provided within in this
report, which describes the proposed development, is provided voluntarily by the property
~"" owner. This property is outside of the City of Atlantic Beach municipal limits; therefore, no
applications for development permits, and no information of record have been submitted to the
City of Atlantic Beach.)
The property owner has expressed an interest to the COAB and the COJ in seeking annexation
of the property into the COAB, and describes the intended plan of development as up to 30
single-family lots, which would exceed the RS-1 Zoning District requirements and comply
with the Residential, Low Density Comprehensive Plan future land use designation.
The property owner wishes to access the site from the Selva Marina /Old Sherry Drive right-
of-way, which is a platted, but partly unconstructed public right-of--way. It appears that this
right-of--way or Mayport Road would provide the only reasonable means of access to the site.
The property owner has characterized the proposed project as being more in keeping with
existing Atlantic Beach development patterns, as opposed to that existing along Mayport Road
~„ in the vicinity of this project; thus the desire to annex the property into the city of Atlantic
Beach.
~„ The property currently has a COJ zoning designation of RMD-D (Residential, Medium
Density. The COJ 2010 Comprehensive Plan Future Land Use Map designation of this
property is MDR (Medium Density Residential) and the MDR category allows a "gross density
,,,,, range" of up to 20 dwelling units per acre. The gross acreage of the property is about 27 acres,
which hypothetically could support in the range of 450 - 500 multi-family dwelling units. (The
City of Jacksonville MDR and RMD-D regulations are attached.)
There is no "fixed" height limit for multi-family use in the RMD-D district. Height is based
upon incremental increases in required setback. The COJ Comprehensive Plan, however, does
*~ state that low-rise multi-family is the predominant land use in the MDR land use category, but
there is nothing that indicates high-rises would be prohibited if the required setbacks could be
met.
~..
AGENDA ITEM #8A
AUGUST 23, 2004
If the property were to be annexed to the City of Atlantic Beach, a zoning designation of either
RS-1 or PUD, and a Comprehensive Plan future land use designation of Residential, Low
Density would seem to be appropriate. The project would be subject to all Land Development
Regulations in effect at the time any permits were sought, including zoning provisions, wetland
protection, tree regulations, stormwater requirements, etc.
Annexation procedures are set forth within State law, and the COAB 1995 Agreement with the
COJ (subsequent to the original 1982 Interlocal Agreement) also addresses annexation within
'""" paragraph 12 (attached) of that Agreement. The exact annexation procedure that would apply
to this property is under review.
RECOMMENDATION: Discussion; no action required at this time.
ATTACHMENTS: Map of property, COJ Comprehensive Plan and zoning regulations for
*~ this site, paragraph 1 and 12 of the COAB Agreement with the COJ
addressing annexation.
REVIEWED BY CITY MANAGER:
~" August 23, 2004 regular meeting
'~ 2
AGENDA ITEM #8A
AUGUST 23, 2004
C~J Com Plan
p
unit ifi either one of these services are not available. It is not intended to
permit the maximum allowable density throughout the area depicted for
this category on the Future Land Use Map series. Land Development
Regulations shall include several development districts, each with different
density range, which will be permitted in this category to permit a varied
physical environment.
~~~ In addition to the secondary and supporting uses for all residential land
use categories listed heretofore, borrow pits, .animals other than
household pets, foster care homes, community residential homes and
:~Arive through facilities in conjunction with a permitted use may also be
~.~` awed in the LDR category subject to the standards and criteria in the
_~~~ ~;;+ Development Regulations.
Medium Density Residential (MDRJ
This category permits housing developments in a gross density range of
up to twenty (20) dwelling units per acre when full urban services are
available to the site. Generally, low rise multi-family housing such as
' apartments, condominiums, townhomes and rowhouses will be the
predominant land use in this category, although duplexes, mobile home
parks and single family homes/mobile home subdivisions may also be
developed in appropriate locations. Mixed use developments utilizing
"Traditional Neighborhood Design" (TND) cancept, which are
'"`" predominantly residential but include a broad mixture of supporting
recreational, commercial, public facilities and services are also allowed
subject to the standards and criteria in the Land Development
Regulations. MDR developments may be cited as transitional uses
between single-family and commercial or public/semi-public use areas. In
the absence of the availability of centralized water and sewer, the density
"" of development permitted in this category shall be the same as allowed in
LDR without such services. It is not intended to permit the maximum
allowable density throughout the area depicted for this category on the
'"` Future Land Use Map series. Land Development Regulations shall
include several development districts, each with different density range,
which will be permitted in this category to permit a varied physical
~"'' environment.
In addition to the secondary and supporting uses indicated for all
*"' residential land use categories listed heretofore, nursing homes,
emergency shelter homes, foster care homes, community residential
homes, rooming houses, residential treatment facilities and private clubs
+"" are also allowed at appropriate locations in this category subject to the
standards and criteria in the Land Development Regulations.
City of lacksomille 1010 Comprehensive Plan
Future Land Use Element
Revised November X003
me•
48
..
AGENDA ITEM #8A
AUGUST 23, 2004
Full Urban Services -Areas receiving, or programmed to receive, centralized sewer and
water service, urban service levels for mass transit (where applicable) and other
transportation, solid waste, parks and recreation, and drainage facilities, in accordance
with the Capital Improvements Element, will be deemed to be full urban service areas.
In addition, the provision of education, public safety and health services may be
considered as a necessary component in the provision of full urban services when the
functional departments and agencies having jurisdiction over these areas have
established quantitative service levels for their activities that have been recognized by
an action of the City Council.
Future Land Use Element -The long-range development guide that coordinates the
~,,, ~•~-- us functional plans related to the physical development of the community. This
IDT~ ant of the 2010 Comprehensive Plan will guide future growth and development.
_ ~ Land Use Map Series -The graphic aid intended to depict the spatial distribution
i various uses' of the land in the City by land use category, subject to the goals,
b;~z~~ives and policies of the 2010 Comprehensive Plan and applicable Land
.i~?~ment Regulations.
._~i -The long-term end toward which programs or activities are ultimately directed.
'~" Gross Density -The number of dwelling units per gross acre. Gross acreage is the total
amount of raw land, including all developable and undevelopable portions thereof.
~" Growth Management - A-method to guide development in order to minimize adverse
environmental and fiscal impacts and maximize the health, safety and welfare benefits
to the residents of the community.
Historic District - A geographically definable area, urban or rural, possessing a
significant concentration, linkage or continuity of sites, buildings, structures, objects or
area, which are united by past events or aesthetically by plan or physical development.
A district also may be comprised of individual resources that are separated
geographically but are thematically linked by association or history.
Historic Property or Historic Resource -Any prehistoric or historic district, site, building,
object or other real or personal property of historical, architectural or archaeological
value. The properties may include, but are not limited to, monuments, memorials,
Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned
ships, engineering works, treasure trove, artifacts or other objects with intrinsic historical
~"" or archaeological value, or any part thereof, relating to the history, government and
culture of the State.
Historic Site - A single lot or portion of a lot containing an improvement, landscape
feature, or archaeological site, or a historically related complex of improvements,
landscape features or archaeological site's that may yield information on history or
prehistory.
City of Jacksonville 2010 Comprehensive Plan
'"" Future Land Use Element
78 Revised November 1003
AGENDA ITEM #8A
AUGUST 23, 2004
CoJ RMD-D Zoning regulations
~.
Residential Medium Density- (RMD-A), (RMD-B),(RMD-C),(RMD-D),(RII~ID-~)
"~ and Residential Medium Density IYIH (RMD-1YI1Y) Districts.
(a) Permitted uses and structures.
1 Sin a-famil dwellin s
() gl y g (RNID-A and RNlD-B Districts only),
(Z) Mobile homes [RMD-MH (mobile home) distrihi only].
(3)Multiple-family dwellings (RNID-B, RMD-C, RMD-D and RMD-E Districts only).
,~,,, (4) Housing for the elderly.
(5) Family day care homes meeting the performance standazds and development criteria set forth in Part 4.
(6) Foster care homes.
(7) Community residential homes of six or fewer residents meeting the performance standards and development
criteria set forth in Part 4.
(8) Essential services, including water, sewer, gas, telephone, radio, television and electric, meeting the performance
standards and development criteria set forth in Part 4.
(9) Churches, including a rectory or similar use, meeting the performance standards and development criteria set
'~ forth in Part 4.
(10) Golf courses meeting the performance standards and development criteria set forth in Part 4.
(11) Parks, playgrounds and playfields or recreational or community structures meeting the performance standards
~„ and development criteria set forth in Part 4.
(12) Country clubs meeting the performance standazds and development criteria set forth in Part 4.
(13) Home occupations meeting the performance standazds and development criteria set forth in Part 4.
(t~) Permitted accessory uses and structures.
(1) See s. 656.403,
(2) In connection with multiple-family dwellings,
including housing for the elderly, coin-operated
Laundromats and other vending machine facilities,
day care centers, establishments for sale of
convenience goods, personal and professional service
establishments; provided, however, that these
establishments shall be designed and scaled to meet
only the requirements of the occupants of these
multiple-family dwellings or housing for the elderly
and their guests and are located not less than two
hundred and fifty feet from and RLD District with no
signs or other external evidence of the existence of
these establishments.
(3) In connection with housing for the elderly, in
projects with a minimum of one hundred and fifty
bedrooms, facilities for the sale of alcoholic
beverages to occupants and their guests in accordance
with (i) a Special Restaurant Exception beverage
license issued pursuant to Chapter 561, Florida
Statutes, as may be amended from time to time, and
(ii) Part 8 of the City's Zoning Code; provided, that
these facilities are located not less than two hundred
and fifty feet from an RI.D district with no signs or
other external evidence of the existence of these
facilities.
(c) Permissible uses by exception.
(1) Cemeteries and mausoleums but not funeral home
or mortuaries.
(2) Schools meeting the performance standards and
~. development criteria set forth in the Part 4.
(3) Borrow pits subject to the regulations contained
in Part 9.
(4) Bed and breakfast establishments meeting the
~""' performance standards and development criteria set
forth in Part 4.
(5) Essential services, including water, sewer, gas,
~ telephone, radio, television and electric, meeting the
performance standards and development criteria set
forth in Part 4.
(6) Day care centers meeting the performance
e~ standards and development criteria set forth in Part 4.
(7) Nursing homes.
(8) Residential treatment facilities.
(9) Private clubs,
'"~"~ (10) Mobile home parks (RNID-MH District only)
subject to the requirements of Part 5.
(11) Mobile homes (RMD-A and RMD-$ Districts
only).
(12) Churches, including a rectory or similar use,
meeting the performance standards and development
criteria set forth in Part 4;
13) Home occupations meeting the performance
standazds and development criteria set forth in Part 4.
(14) Emergency shelter homes (RbID-C; RMD-D
and RMD-E Districts only).
(15) Community residential homes of seven to
fourteen residents meeting the performance standards
and development criteria set forth in Part 4.
(16) Golf driving ranges.
(17} Rooming houses (RNID-D and RMD-E Districts
only).
(18) Group care homes (RMD-B, RMD-C, RMD-D
and RMD-E Districts only).
(19) Single family residential use; provided, that the
single family residential use is a lawful,
noncanforming use before an exception is granted.
(RbID-$, RMD-C, RMD-D, and RMD-E Districts
only).
RMD District Requirements
AGENDA ITEM #SA
AUGUST 23, 2004
~" (d) Minimum lot requirements (width and area).
For single-family dwellings, mobile homes and multiple-family dwellings the minimum lot requirements (width and
area), except as otherwise required for certain other uses, are as follows:
~„ (1) Single-family dwellings and mobile homes (RMD-A and R1VID-B):
(i) Width-Fifty feet.
(ii) Area--Five thousand square feet.
(2) Mobile home dwellings (RMD-MIS shall be specifically limited to the requirements of Part 5.
~ (3) All other uses:
(i) Width--Sixty feet.
(ii) Area:
(A) RIvID-B--
Five thousand square feet for the first two family units and one thousand square feet for each additional unit, not to
exceed four family units on each lot.
(B) RMD-C-
,~„ Six thousand square feet for the first two family units and four thousand four hundred square feet for each additional
unit.
(C) RMD-D-
Six thousand squaze feet for the first two family units and two thousand nine hundred square feet far each additional
unit.
(D) RMD-E-
.Six thousand square feet for the first two family units and two thousand one hundred square feet for each additional
unit.
(e) Maximum lot coverage by all buildings and structures
Thirty-five percent; provided, however, that a minimum lot area or lands used for multiple-family dwellings and
'"'"' housing for the elderly and accessory buildings used in conjunction therewith to be retained in natural ground cover
or landscaped shall be thirty-five percent of the total lot area.
~. (~ Minimum yard requirements. •
(1) Multiple-family dwellings and housing for the (4) All other uses:
elderly on individual lot: (i) Front--Twenty feet.
(i) Front-Twenty feet. (ii) Side--Twenty feet.
"""" (ii) Side-Ten feet. (iii) Rear-Twenty feet.
(iii) Rear--Twenty feet. (5) Accessory use structures used in conjunction with
(2) Multiple-family dwellings and housing for the multiple-family or housing for the elderly:
~ elderly with more than one principal structure on the (i) Front-Accessory use structures shall not be
'ot: permitted in front yards as they are established by the
Front--Twenty feet. location of the principal structures.
O~~ 1 Side-Twenty feet. (ii) Side and reaz-Ten feet; provided, however, that
~,.~ 1 Rear-Twenty feet. no accessory use structures shall be placed in a side
Single-family dwellings and mobile homes or rear yard in such a manner that the highest point of
located on individual lots: the structure will pierce an imaginary line extending
~;i) Front--Twenty feet. from the highest point of the principal structure to a
~"" "~s Sde-Five feet; provided, that combined side point on the ground at the property line of the side or
•~rds shall not be less than fifteen feet, rear yard in question.
i) Re ,•--Ten feet.
g) Maximum height o, f structures.
(1) Single-family dwellings, rooming houses, boardinghouses, child care centers, day care centers and accessory use
~* structures-Thirty-five feet.
(2) All other uses-Thirty-five feet; provided, however, that height may be unlimited where all required yards are
increased by one foot for each three feet of building height or fraction thereof in excess of thirty-five feet.
w.
n~.
AGENDA ITEM #8A
AUGUST 23, 2004
Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach,
and Baldwin published by the University of Florida Bureau of
Economic and Business Research Population Program, Florida
Estimates of Population. Notwithstanding the above, the population
~ for Jacksonville shall include, at a minimum, the total population
in Duval County less the population in Urban Services Districts 2
'"' through S. The parties agree that where a distribution is made to
~~~~ Beach based upon its percentage population, Jacksonville
etion as to the manner of spending the remaining funds or
re-;e 'es and may spend the remaining funds or revenues completely
outs ~ c::t Atlantic Beach.
~..
12. Annexation - Any future efforts by the City of Atlantic
Beach to annex property situated in Jacksonville outside of
Atlantic Beach must be discussed. first with Jacksonville, to
determine any impacts upon Jacksonville's revenues and other
~* provisions of this agreement. If the City of Atlantic Beach shall
seek to annex property over the objection of the City of
Jacksonville, then the millage reduction provisions of paragraph 1
of this agreement shall not be applicable to the annexed area
unless Jacksonville shall consent to the annexation.
13. Inter-Local Agreement - The Inter-Local Agreement entered
into by the parties on May 11, 1982, continues in effect, as
11.
AGENDA ITEM #8A
AUGUST 23, 2004
In 1993, the City of Atlantic Beach brought suit against
nville alleging, among other things, that Jacksonville
~o~~ ~d the inter-local agreement. In order to resolve the issues
~_-;-~ed in that lawsuit and to further clarify the governmental
~. rel tionship that exists between Jacksonville and Atlantic Beach,
"==~ sties agree as follows:
1. Tax Rate - For FY 1994-95 Jacksonville levied taxes of
""" 11.3158 mills in the General Service District (GSD). In accordance
with the terms of the 1982 Inter-local Agreement, taxes of 9.5251
mills were levied upon Atlantic Beach property owners for FY 94/95.
This resulted in an actual millage difference of 1.7907 mills
~+*
between GSD property owners and Atlantic Beach property. Beginning
!*` in FY 95-96, Jacksonville shall adopt a budget and shall set its
GSD millage rate in the manner it has consistently followed since
consolidation and which is prescribed by the Charter of the City of
Jacksonville and the Jacksonville Ordinance Code. After setting
the GSD millage rate for FY 95-96, the millage rate to be charged
Atlantic Beach property owners shall be calculated by reducing that
GSD rate. by 2.2907 mills. For example, if Jacksonville shall set
the GSD rate at 11.3158 mills for FY 95-96, then the rate to be
levied upon Atlantic Beach property owners shall be 9.0251 mills.
For FY 96-97, the Atlantic Beach-rate shall be the established GSD
~. rate less 2.7907 mills, for FY 97-98, the Atlantic Beach rate shall
be the GSD rate set far that fiscal year less 3.0407 mills, for FY
.~
98-99, the Atlantic Beach rate shall be the GSD rate set for that
2.
AGENDA ITEM #8A
AUGUST 23, 2004
fiscal year less 3.2907 mills. The same 3.2907 millage reduction
shall also be used for each additional fiscal year for which this
Agreement is in existence.
2. The respective Mayors, through their representatives,
shall commence discussions during FY 95-96, and shall endeavor to
complete within that year or as soon thereafter as possible to
consolidate the 1982 Inter-local Agreement and this 1995 Settlement
into a working document with a primary effort to design a framework
for their long-term relationship. In the event the parties are
unable to reach an agreement on a new Inter-Local Agreement, then
the current Inter-Local Agreement of 1982, as modified by this
Agreement, shall continue in effect.
3. Services - Jacksonville shall continue to provide
Atlantic Beach the services required under the 2982 Inter-Local
Agreement. As provided in that agreement, Jacksonville shall not
""" discriminate against Atlantic Beach in the future provision of
those county services provided to residents of the City of
Jacksonville.
4. Landfill - Jacksonville shall continue to provide free
landfill disposal of garbage and refuse to At7ant;r_ RAa~~,
residential premises (4 units or less, as defined by Section
382.102(1), Jacksonvil.Ze Ordinance Code (1991)) as outlined in
~• paragraph (2-A) of the 1982 Inter-Local Agreement and to those
~•
3.
~,, p
~~~~ Pro osed Develo ment Site N
~ ~~ p w~ E
~~1-
s
590 295 0 590 Feet
AGENDA ITEM #8A
AUGUST 23, 2004