Items 7B&7Cr
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AGENDA ITEMS #7B & 7C
NOVEMBER 8, 2004
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CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
(revised to reflect changes since September 27, 2004 public hearing
AGENDA ITEMS: Final reading and public ,hearing to consider two companion
applications related to a proposed development project known as Johnston Island, and as
described below.
• Ordinance Number 31-04-03, an ordinance to change the land use designation as established
on the 2005 Future Land Use Map related to a small scale development activity, in
accordance with § 163.3187(c), Florida Statutes. The amended application (File SSA-2004-
O1) seeks a change in map designation of 3.6 acres from Conservation to Residential, Low
Density, and a contiguous 0.5-acre parcel from Conservation to Commercial.
• Ordinance Number 52-04-02, an ordinance to rezone approximately 7.5 acres from
Conservation to Planned Unit Development. The amended application (File REZ-2004-01),
known as the Johnston Island PUD, proposes a plan of development containing a maximum
of 21 dwelling units, a private yacht club with associated private restaurant and marina lodge.
Parking to serve the project, associated amenities, accessory uses, open space and submerged
lands also occupy, or are proposed to occupy, the site. Building height shall not exceed 35-
feet.
SUBMITTED BY: Sonya Doerr, AICP ~.~
Community Development Director
DATE: October 28, 2004
BACKGROUND: The Johnston Island project was first considered at public hearing by the
Community Development Board on February 24th, then heard at public hearings before the City
Commission on July 12th, July 26th and the September 27th. The applications were remanded to
the Community Development Board at the September 27th meeting, and the CD Board again
heard the items at their October 19th meeting. The applications .have continued to be revised
since originally submitted in January to address several issues and concerns. Maximum height
of buildings is now limited to 35-feet, and the. number of proposed residential units has been
reduced to a maximum of 21, modifying the SSA application to request a change to Residential,
Low Density, rather than Residential, Medium Density:
PROPERTY HISTORY: The 1996 annexation of 384 acres into the COAB consisted of
'~ primarily wetland marshes with some limited upland property adjoining the Atlantic Boulevard
Right-of--Way.. In July of 1998, COAB Ordinance 31-98-2 designated all of the annexed area,
~, including the Johnston Island property, as CON (Wetlands/Conservation) on the Future Land
Use Map of the Comprehensive Plan. (The land use designation by the COJ had been WD-WR
(Water Dependent -Water Related, and the COJ zoning was a mix including agricultural,
~,,, commercial and industrial designations.) The property has been previously occupied by a
commercial restaurant, a boat yard with various wooden dock structures, a caretaker's house, on-
site waste treatment and several outbatilding structures.
The zoning designation of the Johnston Island property was established by the COAB as OR
(Open Rural) in July of 1998. Following elimination of the OR zoning district category in
~.
November 08, 2004 regular meeting
November of 2001, all those lands within the COAB that were formerly zoned OR were re-
designated as Conservation zoning in February of 2003.
SUMMARY OF THE PROPOSED SMALL SCALE AMENDMENT APPLICATION:
The Comprehensive Plan map amendment application requests a change in designation from
~ Conservation to Residential, Low Density, which permits a maximum of six units per acre. The
3.6 residential area (the "Windward Pod" depicted in blue on the Conceptual Master Plan) and
~, located on the general eastern side of the project will contain the residential units. Residential
use cannot be located on the western side of the island due to a restriction related to the
Intracoastal Waterway right-of--way line. Proposed commercial uses, including the private
~, marina with associated services, lodge and restaurant are located in the 0.5-acre "Leeward Pod"
shown in orange on the Master Plan.
~. SUMMARY OF THE PROPOSED PUD REZONING APPLICATION: The site cannot be
rezoned without a change to the Comprehensive Plan map designation. The proposed PUD
encompasses the entirety of the 7.5-acre site, and. identifies all land uses that are part of the
project, including up to 21 dwelling units, a private marina with associated marina club facilities
including restaurant and marina lodge. Building height shall not exceed 35-feet. Accessory
uses, associated amenities, open space and submerged lands also occupy the site. The "Backbay
~* Pod" (depicted in green on the Master Plan) provides project parking, service drives, refuse
collections areas and landscaping. If rezoned, a Detailed Development Plan, as required by
Section 24-133, must be approved by the City Commission prior to issuance of any permits by
the City authorizing construction in order to determine that the development plan is in
compliance with the approved PUD.
~" Following is a summary of the revisions to the project since submitted and the more relevant
aspects of the PUD, including consistency with, or requested waivers, from the City of Atlantic
Beach Land Development Regulations.
~.
HEIGHT: Proposed height has been reduced to a maximum of 35-feet, which complies with
height limit for all residential zoning districts, as well as the CG, CPO, CL and ILW Districts.
PROJECT DENSITY AND NUMBER OF DWELLING UNITS: The applications now
propose a Low Density residential component, which will provide for a maximum of 21 dwelling
units.
RESIDENTIAL UNIT SIZE: Minimum unit size is 1000 square feet, which complies with
~, Section 24-82 (j), Minimum Floor Area for residential Dwelling Units.
PARHING: Complies with number of spaces required per Section 24-161, but requests a
parking space dimension of 9-ft x 18-ft, rather than the required 10-ft x 20-ft. The area depicted
~ as the "Backbay Pod" will be developed as a shared parking area to serve various uses within the
project and will be landscaped and designed in accordance with City requirements.
~ SIGNAGE: Project signs will comply with the City's sign regulations. One 8-foot high, 60-
square foot sign is requested to be located at the Atlantic Boulevard entrance. The sign
regulations allow such signage for residential uses, subject to City Commission approval when a
sign is requested to be placed in any right-of--way. This sign may also be subject to FDOT
approval.
2 November 08, 2004 regular meeting
ACCESS ROAD: The applicant has confirmed that the roadway, which provides the only
~" access to this property, is a FDOT-maintained public right-of--way extending from Atlantic
Boulevard to the southern boundary of the Johnston Island property. Language has been added
to Section 3.8 to ensure that the public will continue to have access to and use of that roadway to
reach property (fishing areas) that may be outside of the Johnston Island property. In the event
that the road should for any reason no longer be a public road, public access as it now exists will
still be maintained from dawn to dusk.
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.
DEVELOPMENT SCHEDULE: The project will be developed withiri 10 years of approval of
Construction and Engineering Plans by the City. Extensive, and typically quite lengthy,
permitting procedures will be required by FDOT, FDEP, ACOE and SJRWNID. (A more defined
and precise development schedule can be addressed during the Detailed Development Plan
review and approval process.)
PREVIOUS ACTION: 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 at
the July 12, 2004 meeting. Action and further consideration were deferred at the July 26, 2004
meeting. The applications were again heard at the September 27th City Commission meeting, at
which time, the items were deferred to the Community Development Board for further and
recommendation. The Community Development Board passed a motion to recommended denial
of the project at their October 19th meeting, finding the proposed project to be inconsistent with
the Goals, Objectives and Policies of the Future Land Use Element of the 1990 Comprehensive
Plan. The reduction in requested density was submitted following the Community Development
Board meeting.
~ RECOMMENDATION: Any action to approve or deny the SSA and/or PUD application
should incorporate specific and appropriate the findings of fact and conditions, such as those
suggested within the proposed Ordinances and Staff Reports, which are made part of these
~"" applications.
ATTACHMENTS: Draft minutes of the October 19, 2004 Community Development Board
"' meeting, proposed Ordinance 31-04-03 (SSA) and Ordinance 52-04-02 (PUD) with revised
attachments.
~""' BUDGET: No budget issues.
REVIEWED BY CITY MANAGER:
3 November 08, 2004 regular meeting
~ Draft minz~tes of the October 19, 2009 Commz~nity Development Board meeting Page 2 of 9
properties. C. Woods questioned whether Mr. Fiore knew if there were any variances or approval
for the structures that are like his.
Mr. Fiore stated that his property does not have any storage, and this is an exceptional
circumstance. B. Frohwein stated that he had noticed that there were many properties in the area
with the same circumstances as Mr. Fiore. He also stated that Code Enforcement reviews issues
~, such as this and that even though these structures may exist, it does not mean that a variance was
granted. B. Frohwein also advised Mr. Fiore that if the Community Development Board denied
this request for a variance, Mr. Fiore could not request the same variance for one year.
Mr. Fiore stated that he did not know for sure whether these properties have variances, but that
he wanted to have the opportunity to research whether the properties have variances or not.
S. Jenkins stated that other nonconforming struct~.ires are not an issue to consider with this
individual request and that he does not see any reason for deferral until next meeting. C.
Burkhart made a motion to defer Mr. Fiore's variance request until the next meeting. Motion to
defer seconded by C. Woods, and motion unanimously carried.
~~ b. SSA-2004-01 and REZ-2004-01, Bridge Tenders, LLC. Applications were remanded to
the Community Development Board at the September 27, 2004 meeting of the City
Commission for further review and recommendation related to a proposed development
project known as Johnston Island. The applications request a change. in land use
~ designation as established on the 2005 Future Land Use Map for a small scale development
~* activity, in accordance with §163.3187 (c), Florida Statutes for the re-designation of 3.6
acres parcel from Conservation to Residential, Medium Density not to exceed 10 units per
acre, and also from Conservation to Commercial for a contiguous .5-acre parcel.
Also considered is the related and amended application seeking to rezone approximately
7.5 acres from Conservation to Planned Unit Development (PUD), which proposes a plan
development containing a maximum of 36 dwelling units, a private yacht club with
restaurant and marina lodge. Parking to serve the project, associated amenities, accessory
uses, open space and submerged lands also .occupy, or are proposed to occupy, the site.
Building height shall not exceed 35-feet:
B. Frohwein briefly addressed the background of this project and the applications that were first
considered by the Community Development Board in Febniary. He stated that Atlantic Beach
Comprehensive Plan does not permit for this development under the current designations, and
that prior to changing the zoning designation from Conservation to PUD for the proposed
residential and commercial use, there would have to be a change to the Comprehensive Plan
map.' B. Frohwein noted that the Community Development Board makes only a recommendation
to the City Commission on these types of applications, and the City Commission makes the final
decision
Applicant Ron Zajack, 1601 Ocean Drive, Jacksonville Beach, addresses the Board and states
~" that he is the mana in artner of Brid e Tenders LLC the owner of the ro ert Mr. Za'ack
g g P g P P Y• J
proceeded to read a statement into the record from Laura Perkins, who is also a partner in the
corporation that owns the island: My name is Laura Johnston Perkins, my family purchased
~`
~. Draft minutes of the October 19, 2004 Comma~nity Development Boarct meeting Page 3 of 9
~,,,, Johnston Island in ttivo pieces back in 1930 ccnd 1940, and for over %0 years we have been
owners and operators of the island. We have lived in the Bridge Tenders house, which is still
located on the property. Several years ago we offered to sell the island to the City of Atlantic
~„ Beach, which did not occur. Last fall, my brother sold his interest of the island to Bridge
Tenders, LLC who is planning on developing the island. I contributed my interest to a Limited
Liability Corporation and currently have a SO% interest in Bridge Tenders, LLC. 1 am in
sacpport of the development plan by Bridge Tenders, LLC for the island. Over the years, several
of the islands was annexed from the City of Jacksonville to the City of Atlantic Beach. My
brother and I were not notified of~this annexation, nor were signs posted on the island. After the
~* City annexation of the property, it was first zoned as OR and a couple of years later it was zoned
as Conservation. My brother's and my rights as landowners to develop our land were severely
restricted by these actions. Tonight I ask you to support the land use change before you and
approve the PUD that has been revised and resubmitted to develop Johnston Island.
Applicant's representative, Chad Grimm, 13901 Sutton Drive, with Prosser Hallock, stated that
~* the developers are requesting the small scale amendment for about 4 acres, and the rezoning to
PUD for all of the property, and noted that 3.4 acres of the would be remain designated as
conservation land use. NIr. Grimm fitrther noted that while the two items are separate
!"'" applications requiring two separate votes, he noted the Chairman's comments that the two do run
together and that he will move ahead and address simultaneously. The PUD is for amixed-use
zoning. We have made significant changes since the project was submitted, and right now the
~""' proposal is in compliance with base zoning here in the City of Atlantic Beach with two
exceptions -one of those is parking -the City's ordinance requires 10-foot wide parking spaces
and we are requesting 9 feet, and a 10 feet drive aisle due to the small size of the island. We
think this would provide for a better design allowing a little bit more land and open space. In
response to the comments that we have heard over the past months, there have been changes to
the project. In summary, the height of 88 feet, which was first reduced down to 69-feet and
approved at first reading by the City Commission, then limited to 35-feet, has been changed to
35-feet, which complies with the current City height limits. We have also taken drawings out of
the PUD documents that showed the original concept with the greater height, recognizing that
these might result in confusion. These were initially just a means to provide an illustration of the
quality of project we are proposing. Now that we are in compliance with the City's regulations,
you can expect a similar quality in the type of development like that you currently see here in
Atlantic Beach. Another item that we have changed in the PUD is that we have clarified the use
of the marina and the lodge. There was early confusion about a public restaurant facility, and
~ that will not take place here on this island. There will be no type of public facility generating
high traffic at' peak hours. It is definitely going to be a private marina and private lodge serving
residences and club members only. An additional changed item is that we reduced the minimum
~„ size of residential units from the original 1500 square feet, and this is currently set at a minimum
1000 square fee unit, which also meets the City .Code. We have also added clarification in the
PUD application regarding the access through the DOT right-of--way. Through the process, there
~, has been a little bit of confusion as to who actually owns the access road once you turn off of
Atlantic Boulevard. The strip that is used to get to the island, across the little bridge, is currently
owned by the DOT. If ownership of the access road is ever transferred, the PUD inoludes
~,,, language that will allow the City of Atlantic Beach Florida first right to pL~rchase it, which is
state law anyway. If ownership ever did get transferred, the PUD contains a provision that the
current access to the island that the public now has would still remain available for the public's
use from dawn to dusk. Use of that space will not change from what is available to the public
Draft minutes of the October 19, 200=! Commz~nity Development Board meeting Pa e 4 0 9
g f
today. The sign language has also been modified and simply states that we comply with the
'!""' City's current regulations, which we were planning on doing all along. We had tried to add a
little information on what we are proposing in terms of signs, but it seemed to confuse the issue.
Whatever we do will comply with City sign regulations. We have also clarified the schedule of
~"" development. We originally came to you with two five year phases and now we just have one
ten year phase with a recognition that we are facing a long process, as you can imagine with
environmental permitting engineering for this island, but once we get through the permitting,
construction will actually proceed very quickly.
~ As Mr. Zajack has stated, Ms. Perkins and her brother were not aware of changing the land use
to conservation. This is a private island, and we feel that our proposal is a proposal in keeping
with the community of Atlantic Beach. ...and now in compliance with the existing regulations.
~, We are here asking for your support this evening.
C. Burkhart asked how many parking spaces will be provided.
Mr. Grimm replied that the amount of parking spaces will be in compliance with what is required
for each residence, two parking spaces per residence. For any of the support services, it depends
~,,. if there is a lodge. It would be based on your current ordinance for spaces for number of seats or
tables.
~.. Mr. Zajack stated that the re-submission is meant to comply with all City regulations, except for
those exceptions that Mr. Grimm has just noted. ...to meet all of your regulations from height to
parking.
C. Burkhart stated that he had attended the City Commission meeting.. He noted that the City's
ordinance required height of projects to be based on the calculated average grade. It appears that
the average grade on Johnston Island is three and half feet, and the project is planning to start
instead of three and half feet the project will start at seven feet, which is mandated by FEMA.
Mr. Zajack replied that the FEMA grade level for the island is seven feet. What we have done is
established that the FEMA mandate is there, and that a decision has not been made as to whether
to start the project at 3 and half feet or with the seven feet, which is mandated by FEMA....but
the height will be measured as required by the City code.
C. Burkhart stated that the applicant has described the population of the island to be owners and
members and inquired how many members are there going to be and what defines members. Mr.
Zajack replied that at this time it is unknown how many members there will be. When we first
sat down with the staff of Atlantic Beach, it was recommended that the island be held to a private
entity. The limiting factor becomes servicing and other things and that have not been determined
at this point. Servicing meaning parking and boat docks and other things that may be approved
in the future. But no determination has been made as to a number. Typically most clubs have
more members than users. That is always a number that has to be adjusted. C. Burkhart asked at
what point will that number be defined. Mr. Zajack replied that this island will be a members
only club and not open to the public.
Steve Jenkins made a comment that it may be easier to pursue a variance request for these items
instead of asking for a PUD.
~"'
~,,, Draft minutes of the October 19, 2004 .Community Development Board meeting Page .i of 9
~ S. Jacobson stated that for clarity purposes (related to S. Jenkins' comment) it might be easier to
deal with the PUD without the variance consideration on the parking issue and then come back
later and tweak the PUD with an application for a parking variance.
S. Doerr, Community Development Director, stated that the PUD regulations prohibit
modifications of a PUD by the variance. The PUD allows for certain variances to be approved as
part of the PUD, but the variance procedure is not the proper method to later change the terms of
the PUD. If the PUD is approved, and if their development scenario changes, the developer will
be required to come back through public hearing process with an application for a modification
to the PUD ordinance, not a variance request.
S. Jacobson asked the developer to explain at greater lengths what the contemplated lodge will
~. be. Mr. Zajack replied that the contemplated lodge is for use by members only, and will only be
20 suites will be available for use by members and not open to the public. The members will pay
a rate for lodging. We are not fiilly defined on what our club looks like. S. Jacobson asked about
~. the 20 suites. Will this be like a motel? Mr. Zajack replied this. will be more like a bed and
breakfast for use by the club members and their guests.
S. Jacobson stated that the developer. is proposing residential units of 1000 square feet. What
would a 1000 feet trait be like? Will it be an efficiency apartment or a one bedroom unit? Mr.
Zajack replied that the 1000. square feet unit will be similar to other 1000 square foot units in
Atlantic Beach. When the project was originally proposed to the City Commission, the request
was granted (upon first reading) for 69 feet in height, which would have allowed units that were
2000-2300 square feet, but now that the building height is 35 feet,. there isn't as much room. Mr.
!~'' Zajack stated that there will likely be a mix of sizes, some of which may be a one bedroom unit,
which will be approximately 1100 - 1200 square feet in size.
S. Jacobson asked exactly how many parking spaces willthere be. Mr. Zajack replied that in the
PUD there are designated parking areas, the number of parking spaces will meet the City of
Atlantic Beach requirements. B. Frohwein clarified that the developer will be complying with
the City's regulations on number of parking spaces but asking for smaller parking spaces, 9 feet
by 18 feet instead of 10 feet by 20 feet. Mr. Grimm stated in the initial layouts, the reason for
asking for these waivers was because there were some existing trees in the southwest corner that
they are trying to save.
S. Jacobson asked the developer about the elevation. Mr. Grimm stated that the 3.5 feet is an
~"' assumption, the average grade that we are at right now is 4 1/2 - 5 feet. The FEMA requirement
for finished floor elevation of building above 7 feet is for habitable space, but you can have
parking and basically any non-habitable use within those 7 feet.
B. Frohwein stated that these questions are about the overall height of the building and it is going
to be measured from the calculated grade average. The building will be 35 feet from the average
calculated grade, which will be 100-point grid across the. lot, as required by the Code. C.
Burkhart stated for clarity that the developer will comply with the City's regulations on height,
and that the buildings will not exceed 35-feet in height as measured by the City's regulations
B. Frohwein opened the public hearing for comments on the proposed small scale amendment
~ and PUD.
s~ Draft minutes of the October 19, 2004 Community Development Board meeting Page 6 of 9
Stephen Kuti, 1132 Linlcside Drive, stated that he was not against the Johnston Island project and
that every owner has a right to develop his or her property. However, there are rules and
restrictions. In this case the deed to the property very clearly states in Exhibit B, Item 5 states:
Easement to the United States of America in and to the 500 foot right-of--way of the Intracoastal
Waterway described in Deed Book, page 257, of the current public records of Duval County.
Item 6, rights if any of the public beach or recreational area any part of the land lying between
the body of water abutting the subject property and the natl~ral line of vegetation, bluff, extreme
high water line, or other apparent boundary line separating the publicly used area from the
upland private are. In my opinion, this hearing should be postponed and the applicant should
request from the United States of America to the Corp of Engineers to determine if the right-of-
way of the public beach or recreation area between the body of water and extreme high water
line must be protected as public land. Without including the public land, the developer has not
enough land to develop the island. Mr. Kuti, also submitted for the record, copies of the
warranty deed. City Attorney Alan Jensen, explained the public's rights to use the property
under the terms of the easement and summarized that the public will continue to have the same
rights as currently exist.
B. Frohwein asked the City Attorney, if the Board made a recommendation to the City
~"' Commission, and that if at any point in the future, if it were found that this property should open
to the public, the recommendation of this Board would not alter that. Mr. Jensen confirmed, and
stated that if any project were approved by the City, the property owners still have many other
!" agencies they have to go through to get approvals, including the Corp of Engineers and various
State and Federal agencies. S. Doerr stated that the applicant has previously addressed this issue.
The information has been provided. by the applicant to the public and is in the record file.
Mr. Zajack replied that the uses permitted in the easement will be determined based on the exact
line between the uplands and submerged lands by the permitting agencies. As Mr. Jensen said,
we will abide by the rules that exist. Preliminary applications- for the project have been
submitted to the appropriate agencies for the next phase. The property line does run out into the
water and there is no private beach. There had been some use permits issued in the past to
private entities, but this is still a private island owned now by Bridge Tenders, LLC and the
property line does go out into in the water.
Tom Goelz, 631 Beach Ave, had questions in regard to the project.
1. Submerged land not really clear if that is a basis for calculation of density or not
2. Business venture will not make money by selling 35 units of 1000 square feet. It will
make its money by the members.
3. Terms of members undefined.
4. Still uncertain as to the decisions that are made here by this group and by the
Commission whether they are binding for perpetuity or for the 10 years of this project,
can they come back for variances to add additional sub layer as they find a board to their
liking, are the approvals here permanently binding
James Fletcher, 340 Garden Lane, has issues about the project changing the character of Atlantic
~„ Beach, this will be the first condominium project proposed on our side of the Intracoastal
Waterway. There are other islands up the waterway that are available for this use as well. What
do we know about this island and project? He expressed concerns about parking, number of
~„ members, residential parking for commercial parking, and how much of the commercial acreage
s
~. Draft minutes of the October 19, 2004 Community Development Board meeting Page 7 of 9
~, will be used for parking. He had questions about the density and whether or not 1000 square feet
is consistent with the City's comprehensive plan. Mr. Fletcher stated that what is included in this
PUD is unclear. He also has concerns with the elevation and who owns the road. He had
~., questions on impacts of development on the evacuation of the capability of bridge and
underground utilities.
~,,. David Johnson, 1831 Live Oak Lane, stated that there were problems converting from the
established designation to the one that is proposed. Questioned whether the project should be
done at all because of legal notification.
Michael Shepland, 1985 Circle,, opposed the development and opposed the conversion of
conservation land and had concerns about traffic.
Valerie Britt, Director of Land Use and Zoning for the Pablo Point Civic Association, submitted
a copy of the hurricane map for the record. Ms. Britt had concerns that once the amendment is
granted it would be harder to deny the PUD rezoning. She stated that a DRI would be required
for any marina development. Atlantic Beach would need a boat facility siting plan to exempt
any marina from DRI review. Ms. Britt stated that there is no need to convert from conservation
land use and one was not identified in the EAR. Ms. Britt had concerns about increasing
residential densities on the island because it is in the coastal high hazard area. Ms. Britt had
concerns about increased traffic on the hurricane evacuation route and on the traffic that would
have to turn around in her neighborhood. Ms. Britt expressed minor concerns in the increase in
students. She also had concerns about raising height limitations from 25 feet in a conservation
area to 35 feet in this proposal.
B Frohwein closed the public hearing.
~" Mr. Zajack responded to the public comments. He stated that they have amended the project to
follow the City's regulations the City's process for the PUD and will address issues of access
with the DOT, utilities with the City's Utility Department, and. the will need to get all required
~" permits from the environmental agencies before any development. He requests support for the
land use and zoning change.
S. Jacobson asked Mr. Grimm to define the CHHA.
Mr. Grimm stated that he believes that all of Atlantic Beach is in the CHHA, and is determined
by Storm Surge. He also stated that the residential densities were clear. They are not going to
exceed the 35-foot height limitations. Parking is clearly identified on the map. Mr. Grimm also
addressed the issue of elevation. The DOT owns and maintains road going to the island. The
restaurant is a private restaurant and will not be open to the public.
D. MacInnes asked a question .about the owners not knowing about the change to Open Rural
~*
and then Conservation. B. Frohwein responded that he did not know if that pertained to the PUD.
Mr. Zajack replied that he did no think the issue has ever been resolved.
S. Doerr stated that Open Rural zoning category was eliminated about three years ago, and that
all lands within the City that had been designated as Open Rural zoning were designated as
~, Conservation zoning.
~.
~„ Draft minutes of the October 19, 2004 Community Development Board meeting Page 8 of 9
S. Jenkins requested confirmation that we are not here tonight to dispute that the land use and
zoning are Conservation. S. Doerr confirmed that the applications before the Board are the issue
to consider at this meeting.
B. Frohwein stated that the land use on about one-half acre has historically been commercial.
~„ The property west of the easement line for the Intracoastal has a history of being utilized as a
commercial use, and states that he understands that this is the only use that would now be
approved by the Corps since it was previously a commercial use.
Mr. Zajack replied that it would be very difficult to use that part of the island for residential.
There is no guarantee that the Corps or FIND will approve residential use, and it would be
almost impossible to get mortgages on that land.
B. Frohwein stated. that medium density residential allows up to 14 units per acre. S. Doerr
replied that this specific project is restricted to a maximum often dwelling units per acre because
that is the threshold for small scale amendments. B. Frohwein questioned whether access to the
Intracoastal on the north or east side of thersland could affect residential development. Mr.
Grimm replied that yes, it would effect residential.
S. Jacobson asked whether the lodge and restaurant will be accommodated within the one-half
acre. Mr. Zajack replied that these uses must be on the one-half acre part of the site.
S. Jacobson questioned whether the comprehensive plan addressed density. S. Doerr replied that
the Comprehensive Plan supercedes the PUD ordinance.
C. Woods stated that this project does not promote responsible and appropriate growth and does
not meet the City's legal standards. C. Woods continued that the maximum density for medium
density residential of 14 units per acre exceeds the standard of 10 units per acre for a small scale
amendment.. C. Woods stated that this plan allows for commercial uses within residential land
use. This development is not appropriate to the sensitive coastal location and is not small scale
development by anyone's standards. This development is not consistent with the desired
direction of development within the City toward lower density. C. Woods expressed concerns
about hurricane evacuation times.
C. Woods made a motion to recommend to deny the project because it is not in accordance with
~"' the small scale amendment requirements of Chapter 163 Florida Statutes, specifically due to the
Comp Plan land use change to allow commercial and to allow residential up to 14 units per acre,
in addition, the land use category of residential exceeds the small scale threshold of 10 units per
~ acre. In addition, the land use category residential does not allow commercial land use and this
plan clearly shows that to be the case.
S. Jacobson questioned whether the Board -could recommend denial and include Ms. Woods'
written comments by reference as part of the motion. S. Jacobson asked whether the small scale
threshold of 10 units per acre was met by the commitment in the PUD and in the small scale
amendment to limit development to 10 units per acre.
~ The proposed motion died for lack of a second.
~ Draft minutes of the October 19, 2009 Comrnz~nity Development Board meeting Pa e 9 0 9
g .f
C. Woods stated that the State will look at the maximum density allowed for that land use
category. S. Doerr indicated that on the first page of the proposed small scale ordinance the
density was specifically limited to 10 units per acre. C. Woods responded that the densities for
any land use proposed in a small scale amendment cannot exceed 10 units per acre regardless of
the commitments made by the applicant to limit density below the maximum allowed by the
City.
B. Frohwein questioned what was the date of the existing Comp Plan that governs this project. S.
~„ Doerr replied that it this project is being reviewed under the 1990 comp plan. The updated
Comprehensive Plan is currently being reviewed by the state, but is not yet effective. B.
Frohwein noted that the City Attorney was no longer at the meeting to answer legal questions.
S. Jenkins made a motion to deny the application for the small scale amendment for a change to
the land use map, finding that the application is not consistent with the Comprehensive Plan for
~,. the City of Atlantic Beach, particularly the Future Land Use Element and with the stated goals
objectives and policies of the Future Land Use Element. L. Drysdale seconded the motion.
~. S. Jacobson stated that he is not in favor of the project, and that he would prefer to see 5 single-
.. family units. He wants the City to recognize the uniqueness of the area and make an effort to
acquire property and dedicate it as a public park. S. Jacobson questioned whether the City has
the right to deny any development of the island without any compensation to the owners. S.
Jenkins agreed with S. Jacobson's statement, but stated again, that this is not the forum to
question the Conservation designations.
B. Frohwein stated that it is his belief that the existing land use and zoning provide for a
reasonable use for the property without approval of this small scale amendment, and stated that
~*" he would be in favor of aUse-by-Exception to permit one dwelling unit per acre.
The motion to recommend denial to the City Commission of the small scale amendment
~!" applications, as stated by S. Jenkins, carried by a .six-to-one vote, with S. Jacobson opposing the
motion.
~"' B. Frohwein requested a motion for the PUD rezoning. S. Doerr advised that the proposed
rezoning cannot be legally approved without finding that the rezoning is consistent with the
Comprehensive Plan and the land use designation. The recommendation to the City Commission
~'"' for the PUD must be consistent with the recommendation for the small scale amendment.
C. Burkhart made a motion to recommend denial to the City Commission of the proposed PUD
~""' rezoning, consistent with the action taken on the small scale amendment finding the proposed
PUD not consistent with the Comprehensive Plan. Motion seconded by L. Drysdale, and motion
to recommend denial carried unanimously.
5. New Business. None.
'~ 6. Adjournment. There being no further business, the meeting adjourned at 10:52 pm.
SMALL SCALE AMENDMENT
APPLICATION PACKAGE
(File. SSA-2004-01)
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, LOW DENSITY AND 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 and readings of the
proposed ordinance were held on the 12th day of July, 2004 at 7:15 p.m. and on the 26th day of
July, 2004 at 7:15 p.m. A third public hearing and reading of the ordinance was held on
~,,, September 27, 2004, at 7:15 p.m, at which time the application was remanded to the Community
Development Board for further review and recommendation. A public hearing was held by the
Community Development Board on the 19th day of October, 2004, and a final reading and public
~,,, hearing before the City Commission to hear and enact said Ordinance was held on the 08th day of
November, 2004.
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 PIan for the City of Atlantic Beach, pursuant to
application, File Number SSA-2004-01. The FLUM is hereby amended to change the land use
w• designation of 3.6 acres from Conservation to Residential, Low Density, and also a contiguous
0.5-acre parcel from Conservation to 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. .
proposed Ordinance 31-04-03 Page 1 of 3
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 City Commission hereby adopts the
~- following findings of fact in support of this amended application, and Ordinance Number 31-04-
, 03 adopting this amendment to the 2005 Future Land Use Map and directly related to a proposed
small scale development activity.
1. The proposed amendment has been fully considered after public hearings 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.
2. The proposed amendment changes only the Future Land Use Map designation for a
~"' site-specific small scale development activity, and the amendment meets each of the
conditions as set forth within Section 163.3187 (1) (c), Florida Statutes.
3. This amendment to the 2005 Future Land Use Map, and the related proposed small
scale development activity as enacted and described by Planned Unit Development
(PUD) 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 1990 Comprehensive Plan as set forth within that application, attached to and
made part of this ordinance as Exhibit 3.
4. This amendment to the 2005 Future Land Use Map to re-designate lands as described
herein from Conservation to Residential, Low Density and to Commercial is consistent
with the Land Development Regulations in that the specific land to be redeveloped
pursuant to this PUD has consisted of previous uses defined by the Land Development
Regulations as Commercial General and Light Industrial and Warehousing, and said
lands to be redeveloped are not composed of open land, water, marsh and wetland
areas.
5. This amendment to the 2005 Future Land Use Map to re-designate 3.6 acres of land, as
described herein, from Conservation to Residential, Low Density will not result in an
increase in residential density within the Coastal High Hazard Area in that the City has,
within the same immediate period of time, on September 13, 2004, by Ordinance 31-
04-04 adopted EAR Based amendments to the 1990 Comprehensive Plan. Said EAR
Based amendments include a reduction in density for 96.64 acres within the Coastal
High Hazard Area from Residential, Medium Density and Residential, High Density to
Residential, Low Density.
6. This amendment to the 2005 Future Land Use Map will not result in an increase to
hurricane evacuation times in that the projected traffic volumes will have a de minimis
impact on the adopted level of service standard on the affected transportation facilities.
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
proposed Ordinance 31-04-03 Page 2 of 3
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 2005
Future Land Use Map of the Comprehensive Plan adopted December 13, 1990 by Ordinance
Number 95-90-48, as amended, 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, public hearing and adoption
this 08th day of November, 2004.
John S. Meserve
Mayor/Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Attest:
Donna Bussey
City Clerk
Effective Date:
(To be established in
accordance with preceding
Section 7 of this Ordinance.)
proposed Ordinance 31-04-03 Page 3 of 3
Johnston Island E""'b-t 1
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Future Land Use
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Not to Scale NORTH _
® Prosser Hallocl<
October 27, 2004 PLANNERS & ENGINEERS
±~*
Exhibit 2 - Legai Description
TRACT 1 : THAT PART OF UNSURVEYED FRACTIONAL SECTION 1 9, 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 INTRACOAST'AL WATERWAY AS SHOWN ON A MAP RECORDED
1N 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 R1GF-~T--OF-WAY OF THE (NTRACOASTAL WATERWAY
DESCRIBED 1N DEED RECORDED 1N 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, TOT HE INTEREST OF THE UNITED STATES OF
AMERICA AS SET FORTH IN INSTRUMENTS RECORDED 1N DEED BOOKS 698 AT
PAGES 421 , 424, 427, 437, 440, 444, 448 SAID PUBLIC RECORDS, AND BY
INSTRUMENT RECORDED IN DEED BOOK 809 PAGE 1 67, 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,
50UTH OF ATLANTIC BOULEVARD WHERE SAID EASTERN BOUNDARY OF SECTION
~" 24 INTERSECTS THE CENTER UNE 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-0F-WAY OF ATLANTIC BOULEVARD A5
NOW LOCATED.
1~
~"
Exhibit 3
JOHNSTO~b`ISLA1bD PUD
April 9, 2004 Revised October 27, 2004
Application for Small Scale Development Amendment Sicbmitted on Behalf of
Bridge Tenders, LLC Ron Zajack, Managing Director
P. O. Box 40925
Jacksonville, Florida 32203
Authorized Agent:
~`
~a
~' Prosser Hallock
PLANNERS & ENGINEERS
13901 Sutton Park Drive South, Suite 200 Jacksonville,
Florida 32224-0229
P - (904) 739-3655 f - (904) 730-3413
www.prosserhallock. com
Contacts:
Chad A. Grimm, ASLA
Anthony S. Robbins, AICP
Exhibits
A Property Owners within Three Hundred Feet
B Proof of Ownership and Owner Authorization Letter
C Survey and Legal Description
D General Location Nlap
E Conceptual Master Plan
F Consistency with Adopted Future Land Use Element
!'
i
APPLICATION FOR SMALL SCALE DEVELOPMENT
AMENDMENT TO THE FUTURE LAND USE MAP OF THE
ADOPTED COMPREHENSIVE PLAN
J City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 FAX (904) 247-5805 http://www/ci.atlantic-beach.fl.us
Date Apri19, 2004 Revised October 27, 2004 File No. ~j~'f 'ZOO ~•} -O j Application No.
Amendments to the Future Land Use Map. (FLUM) related to proposed small scale development activities
,may be approved without regard to statutory limits regarding the frequency of consideration of amendments
to the adopted Comprehensive Plan. A small scale amendment shall not involve more that ten (10) acres of
land; shall not modify any textual goal, objective or policy of the Comprehensive Plan; shall not propose
residential density exceeding ten (10) dwelling units per acre, and shall further be in accordance with all
applicable provisions of Section 163.3187 (1) (c), Florida Statutes. Attach additional page(s) as may be
needed.
1. Applicant's Name Anthony S. Robbins, AICP c/o Prosser Hallock, Inc.
2. Applicant's Address 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229
3. Property Location Johnston Island, north of Atlantic Boulevard
4. Property Appraiser's Real Estate Number .172391-0000
5. Current Zoning Classification Conservation 6. Current FLUM designation Conservation
7. Requested Amendment to FLUM 0.5 ac General Commercial and 3.6 ac Low Density Residential
8. Description of proposed use and proposed development activity. (See Item 15.e. Also include anticipated
development and any phasing schedule.) A multi-use project to be known as the Johnston Island PUD
9. Size of Parcel Approx. 7.5 acres 10. Number of Wetland Acres None
11. Identify any other Environmentally Sensitive Lands, any listed or endangered species or habitats.
The Subject Property is surrounded by the Intracoastal Waterway.
12. FIRM Flood Zone Note: All lands within the City of Atlantic Beach are considered to be within a Coastal
High Hazard Area. AE
13. Utility Providers. Identify all pubic and private service providers of water, sewer, electric, solid waste, etc.,
and provide estimate of water, sewer, and solid waste demand. The Jacksonville Electric Authority shall
provide electric service and all other utilities shall be provided by the City of Atlantic Beach.
14. Statement addressing need and justification for requested amendment. Positive infill redevelopment of a
blighted area isolated from the rest of the City. This project shall offer the City positive ad valorem revenue, an
exemplary development showcasing the Gity, and stabilize the island to prevent further erosion and deterioration.
15. Estimated impact to adopted Level of Service standards as established by the Capital Improvements
Element of the effective Comprehensive Plan. 20,600 GPD Water/Sewer, 1,271 PPD Solid Waste
16. In addition to this form, please provide all of the following information. Application package must include
a cover page identifying the project, a Table of Contents and a list of all exhibits and attachments.
Additional information may be required, depending upon circumstances unique to individual applications.
a. List of adjacent property owners within 300 feet of the property including name, mailing address
and Property Appraiser's Real Estate number from most recently certified tas rolls. Include a
legal size envelope addressed to each property owner on the list. Do not include a return address.
Each envelope must contain proper postage. The order of the envelopes must match the order in
which the names appear on the list.
b. Proof of ownership, such as deed or certificate by lawyer or abstract company or title company that
verifies owner of record. If the applicant is not the owner, a letter of authorization from the
owner(s) for applicant to represent the owner for all purposes related to this application must be
provided.
c. Current Survey and legal description of property sought to be rezoned.
d. General Location Map with property subject to this application clearly identified.
e. General Site Plan containing the following, as applicable to the proposed project: (Account for all
land included.)
i. Number and type of dwelling units.
ii. Type and square feet of commercial or industrial uses.
iii. Any existing structures and proposed use.
iv. Any open space, buffers and recreational areas.
v. Wetlands, streams, creeks, lakes or any other water bodies or Environmentally Sensitive
Lands.
vi. Most recent aerial photograph of site and surrounding lands.
vii. Drainage and stormwater facilities and other infrastructure, including ingress and egress,
internal access and roadways.
f. Required number of copies. (8)
g. Application Fee ($250.00)
Approval of an amendment to .the Future Land Use Map related to a proposed small scale
development activity does not constitute approval for issuance of any permit or Development Order.
Use and development lands related to this land use amendment and any zoning change shall be
subject to compliance with .all applicable local Land Development Regulations, any State and
Federal permitting requirements as well as Florida Building Code requirements for Category "C"
construction.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS
CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): Anthony S. Robbins, AICP
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL
CORRESPONDENCE REGARDING THIS APPLICATION
Name: Anthony S. Robbins, AICP c/o Prosser Hallock, Inc.
Mailing Address: 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229
Phone: (904) 739-3655 Fax: (904) 730-3413
E-mail: trobbins@prosserhallock.com
Exhibit A
Property Owners within Three Hundred Feet
Parcel # 167131-0000
Moody Land Company, Inc. 4652 Philips Highway, Jacksonville 32207-7266
Parcel # 172389-0000
Queen of Peace Radio, Inc. 1611 Atlantic Boulevard, Atlantic Beach 32233-2516
Parcel # 172390-0000
United States of America c/o Exempt Chapter 15751, Jacksonville Beach 32250
Atlantic Beach Yacht Club Sinall Scale FLUM Amendment 01/05/04
Page 2
~' ,
~*
Exhibit B
Proof of Ownership and Owner Authorization Letter
Atlantic Beach Yacht Club Small Scale FLUM Amendment O1/OS/04
Page 3
~ ~ ~ r;~ (I
17NC?1~EC ~ , I
~ ~ + ) DocR 2003359377
1
Prepared By/Record and Return To: - pa9 se 1 67
- 1670
Robert O. Mickler, Esquire Filed & Recorded
1
003
Rogers Towers, P.A. FU`LE~
JI„
04;00;01 pM
1301 Rive~place Blvd., Suite 1500 CLERK CIRCUIT COURT
Jacksonville, Florida 32207 DUVAL COUNTY
RECORDING
TRUST FUND ; 17.00
DEED DOC STAMP 3 E•50
~ 2, 450, pp
Book 11451 Rage 1667
WARRANTY DEED
THIS DEED is made this October Z~ , 2003, by and between JOHNSTON LAND,
LC, a Florida limited liability company, whose address is 3218 Northeast 29th Street, Gresham,
Oregon 97030 (hereinafter referred to as the "Grantor"), and BRIDGE TENDERS, LLC, a
Florida limited liability company, whose address is 1357 West Beaver Street, Jacksonville,
Florida 32209-7632 (hereinafter refen-ed to as the "Grantee").
~,,, WITNESSETH: That the Grantor, for and in consideration of the sum o~Ten and No/100
Dollars ($10.00) paid by the Grantee, the receipt and sufficiency of which are hereby
acknowledged, has granted, bargained, sold, and conveyed and by these presents does l~reby
~ grant, bargain, sell, and convey unto the Grantee and its successors and assigns. forever all of the
Grantor's undivided one-half interest in and to those certain lauds being in Duval County,
Florida, described on Exhibit "A" attached hereto and by this reference made a part hereof.
Real Estate Parcel Number: 172391-0000.
TO HAVE AND TO HOLD the same, together with the hereditaments and appurtenances
~^ thereunto belozigii~g .or in anywise appertaining, subject to the Perniitted Encumbrances more
particularly described orr-Exhibit "B" attached hereto and by this reference made a part hereof.
Except as set forth in the~'1'a~x~tted,.Encumbrances, Grantor does hereby bind itself and its
,~~. successors to warrant and forevtr•~fend the title to said premises unto the Grantee against all
persons whomsoever.
~, IN WITNESS WHEREOF, the Grantor. has caused these presents to be executed the day
and year above written.
Witnesses:
Name: S• A/vssbavM
~,Q.Q.+~,.,~'lhs~.
Name: l+,-) ~.~-~ ~ M ~l V SS(~Au M
JOHNSTON ISLAND,
liability co~~pa~z~j
Name William H. Jo
Its: Upt:.< ~t ~~•
limited
~,~\
Book 11451 Page 1668
STATE OF ~ ~.ll R+~Ac
COUNTY OF ~ U~ ~.-
-~
The foregoing instn(ment was acknowledged before me this ~ day of October, 2003, by
William H. Johnston, the 0 (r}~n » at of Johnston Island, LC, a Florida limited
liability company, on behalf of the company. I- e (check one) is ^ personally known to me or~
has produced 4~~>:.syr~ '~r~l`~~j~'~ Li ~r~n.]~, as ide-n~tinfication.
t ~ ~ ~X~tGvvy~ '" 1~S~SC^--,
.~.~~~~"~! ""~~~;,,~ Notary Public, State and County aforesaid
\`~,~`y~~;a~:.ussba~~~,~//, Name:
- ~t ~ . • N •. '1
?.Z :. +flnpgt77s ;.ate
. ~:.
~i~~lUl ! 1111~~1~~
IA\`.701701
(Notarial Seal)
-2-
4
~o~k. 11451 Page 1669
Exhibit "A"
Tract 1: That part of unsurveyed fractional Section Nineteen (19) Township T~vo (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
unsurveyed fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and
lying South of 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.
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 Twenty-four (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, running thence Northerly along the center line of said
Intracoastal Canal as the waters of 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 .
Book 1141 fJage 167d
Exhibit "B"
Permitted Encumbrances
1. Taxes and assessments for the year 2003 and subsequent years, and taxes and
assessments levied and/or assessed subsequent to the date hereof.
2. The nature or extent of any submerged land included within the land described in
Exhibit "A".
3. Any and all rights of the United States of America over any lands now or
formerly lying under navigable waters, arising by reason of the authority of the United States of
America to control navigable waters in the interest of navigation and commerce, and any
conditions contained in any perniit authorizing the filling in of such areas.
4. Any claim that any part of said land is owned by the State of Florida by right of
sovereignty and ripariar. rights, if any.
5. Easement to the United States of America in and to the 500 foot right of way of
*~ the Intracoastal Waterway described in Deed Book 592, page 257, of the current public records
of Duval County, Florida.
6. Rights, if any, of the public to use as a public beach or recreation area any part of
the land lying between the body of water abutting the subject property and the natural line of
vegetation, bluff, extreme high water line, or other apparent boundary line separating the
publicly used area from the upland private area.
7. The interest of the United States of America as set forth in instrument recorded in
Deed Book 698, page 437, Deed Book 809, page 167 and Deed .Book 874, page 237, of the
current public records of Duval County, Florida.
8. Right of Way Perpetual Easement recorded in Official Records Volume 435, page
417, of the current public records of Duval County, Florida.
9. General Permit to Southern Bell Telephone and Telegraph Company recorded in
Deed Book 1354, page 74, of the current public records of Duval County, Florida.
to. Any Part of caption in the Right of Way of Atlantic Boulevard.
1 t. Rights of tenants in possession, as tenants only, under any unrecorded leases.
~nx~ao3~ai z
-4-
ilk SSa-zo~~-pJ
OWNER'S AUTHORIZATION FOR AGENT
Signature ofawner -
PriIIt Name
Signature of
Print Name
9~ 31 ~ 3~ ~
Telephone Number
State of Florida
County of Duval
Chad A. Grimm and Anthony S. Robbins of Prosser Hallock, Inc. are hereby
authorized to act on behalf of Bridge Tenders, LLC, the owner of those lands described
within the attached application, and as described in the attached deed or other such proof of
ownership as may be required; in applying to the City of Atlantic Beach, Florida, for an
application related to a Development Permit or other action pursuant to a:
^ Zoning Variance ^ Appeal
^ Use-by-Exception ^ Fence or Pool Permit
X Rezoning ^ Sign Permit
Plat or Replat X . Other: .
Comp Plan Map Amendment
BY:
Signed and sworn before me on this ~_day of, 2003. ,[/E'~. Z°/~''t /~ ~~--
13y
Identification verified: ~' ~` /C~~~
y
Oath sworn: Yes No l
`V
~ re~4~~~ MC mission t~ F473?~35n Notary Signature
o ~t''°' ~0r' ~~ My Commission expires;
~ ~ ~ ,, AUmtk Boadi~ ~ ~.~
Exhibit C
Survey and Legal Description .
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 1 8,
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 1 4 PAGE 70, SAID PUBLIC RECORDS. '
SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES OF AMERICA AS
SET FORTH IN INSTRUMENTS RECORDED IN DEED BOOKS 698 AT PAGES 42 1 , 424, 427,
~„ 437, 440, 444, 448 SAID PUBLIC RECORDS, AND BY INSTRUMENT RECORDED IN DEED
BOOK 809 PAGE 1 67, 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.
!~
Atlantic Beach Yacht Club Small Scale FLUM Amendment 01/05/04
Page 4
,~~
"JOHNSTON ISLAND"
IN PART OP SECTION 24, TOWNSHIP 2 SOUTH, RANGE 26 EAST AND A
!~ PART OF UNSURV~D FRACTIONAL SECTION / 9, TOWNS!-i/P 2 SOUTH RANGE 29 EAST,
JACKSONVILLE, DUVAL COUNTY, FLOR/DA
1 C1XISlEn 7l} 841PC£ lzt r ~M ram miF ~: o~ r
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Exhibit D
General Location Map
Atlantic Beach Yacht Club Small Scale FLUM Amendment 01/05/04
Page S
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Exhibit E
Conceptual Master Plan
Atlantic Beach Yacht Club Small Scale FLUNI Amendment
O l /05/04
Page 6
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E~n~~~~ F
Consistency with Adopted Future Land Use Element
Goal 1: The proposed redevelopment project shall embody a healthy and attractive physical
~" environment that reflects the values, vision, and character of the citizens of Atlantic Beach.
Redeveloping Johnston Island shall eliminate the existing blight and deleterious conditions that
characterize the property. The substandard dwelling structures and dilapidated restaurant shall be
~"' razed. The on-site septic tanks will be removed and replaced with central potable water and
sanitary sewer service from the City of Atlantic Beach. Nlany of the large trees will be preserved
and incorporated into the project's landscape plan. The property is currently inundated by very
strong currents and boat wake that are accelerating the erosion of Johnston Island. The proposed
redevelopment project shall use bulkheads to halt this impediment and stabilize the shoreline.
The property's location makes it an ideal candidate for extension of City utilities. The Applicant
~„ shall be responsible for extending the service-lines to the existing ones within the city limits. The
proposed amendment to the Future Land Use Map is in keeping with the ideals espoused in Goal
1 and fosters ahigh-quality land use pattern that maximizes the land in a compact development
~ form that will eliminate blight, preserve natural resources, and encourage an attractive built
environment.
Objective 1.1: The proposed redevelopment shall greatly improve the physical characteristics of
Atlantic Beach. The City does not contain anything like what is proposed by the Applicant. The
project design includes required open space and civic uses. The elimination of septic sewage
collection systems on the property will tremendously improve the environmental quality. The
proposal includes removal of the existing substandard buildings. The companion PUD rezoning
application contains artistic renderings of what the resulting physical environment may look like..
~. Policy 1.1.2: Preserved open space support this policy as they shall prevent redevelopment
activities from adversely affecting sensitive environmental areas.. All permitting requirements
from the St. Johns River Water Management District, Florida Department of Environmental
~„ Protection, and the U.S. Army Corps of Engineers shall be adhered to during .commencement of
redevelopment.
Policy 1.1.3: 'The proposal's PUD rezoning application stipulates efficient and adequate
stormwater collection and management measures shall be reflected in the project's design. All
standards and requirements of the City of Atlantic Beach, St. Johns River Water Management
District, Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers
shall be met or exceeded to ensure the provisions of effective ~stormwater management.
Policy 1.1.4: No potable water wellfields will be utilized in this proposed redevelopment project.
Existing wells shall be protected from adverse impacts of this new development. Reliance on a
central potable water and sanitary sewer system versus septic tanks and private wells shall
remove the threat of soil and groundwater contamination from leaking underground storage tanks.
Obiective 1.2 and Policy 1 2 1: A search of the Florida Master Site File did not identify any
archaeological or historic resources on Johnston Island. While not documented as a historic
~,,, structure, the structure located on the southwest portion of the property shall be offered to a local
historic preservation advocacy group. The City encourages such preservation.
~•
Johnston Island PUD Small Scale FLUM Amendment 04/09/04
~'
~,,, Objective 1.3: The proposed amendment shall allow for a development that eliminates blighting
influences that have a deleterious effect on the City. The proposed redevelopment project will
result in a stable neighborhood where City utilities and facilities can be efficiently utilized. The
~ project's mixture of uses promotes healthy living condition among a premiere recreation outlet
within the City of Atlantic Beach. Landscaping and building setbacks in the companion PUD
rezoning application exemplify how the project shall buffer non-conforming uses within this
master-planned project. The open space, signage, internal circulation, and parking requirements
~'" are in keeping with the City's regulations regarding same. These regulations shall allow the
effect of avoiding unsafe conditions that would threaten the public health, safety and welfare. .
~"""' Policy 1.3.2: The subject property of this amendment is an isolated island nearly a mile away
from any Atlantic Beach residence. It is not located close enough to adversely impact adjacent
jurisdictions or regional service providers and agencies. This unique location within the city
limits offers an opportunity not available to land on the mainland. The property is directly
adjacent to the primary hurricane evacuation route, Atlantic Boulevard. Recently, the bridge was
elevated to provide a more reliable means of emergency evacuation. With the Wonderwood
#,,,,, Connector opening soon, traffic utilizing Atlantic Boulevard for humcane evacuation will be
drastically reduced as Wonderwood offers an additional east-west corridor from Mayport to I-
295/S.R. 9A.
Policy 1.3.3: This plan amendment is a vehicle to promote the various goals, objectives and
policies in the Future Land Use Element. The property was annexed into the City and
inadvertently classified as Conservation, lumped in with all of the tidal marshlands that were
~' included in the same annexation. The property's existing conditions reflect a disturbed,
neglected, developed island containing debris and other refuse. This isolated island is used as a
harbinger of illicit activities and nefarious conduct. This redevelopment proposal shall remove
~"' this negative element and force it to go elsewhere.
Policy 1.3.4: The companion PUD rezoning application contains provisions for landscaping and
other buffering methods within the project. The result shall prevent inappropriate land uses
relationships, obscure noise transmission, screen unattractive views, and enhance the aesthetic
.qualities found in the City.
Policy 1_3.5: Environmental enhancement, economical development, and efficient land use
patterns are permissible under the proposed PUD rezoning. The PUD was drafted in
~ conformance with the Land Development Regulations' PUD provisions found in Division 6.
Policy 1.3.7 and Objective 1.7: The Applicant met with City Staff to discuss the potential
redevelopment project and was informed that utilities can be located and designed to provide the
!~'' most cost-effective service to the project.
Polic.~: This policy is not applicable as the City is the primary utility service provider and
~'" shall serve the proposed PUD.
Polio: The proposed amendment is for a Future Land Use Map classification of Low
,~ Density Residential (6 dwelling units per acre) for a majority of the site and General Commercial
for a small northwestern portion of the site. However, the PUD repeatedly states that the
maximum residential density shall not exceed 6 dwelling units per acre. The small number of
~„ dwelling units permissible under this scenario poses no threat to the ability of Atlantic Boulevard
Johnston Island PUD Small Scale FLUM Amendment 04/09/04 Rev. ]0/17/04
er•
to serve as an emergency evacuation route, especially with the Wonderwood Connector allowing
Mayport and eastern Atlantic Beach residents an alternative, more proximate, route.
~ Policy 1.3.10: The non-residential intensity standards contained in this policy shall be adhered to
(0.5 to 1.0 FAR), even though the City's Evaluation and Appraisal Report acknowledges that this
standard is not particularly relevant.
Objective 1.4: The proposed amendment shall allow for improvement of the physical character
of the City. It shall eliminate substandard development through conservation of natural resources
and redeveloping others. The City encourages improving the appearance and character of the
City through improvements to buildings and facilities.
Policy 1.4.1: The subject property contains substandard structures and a blighted site condition
that reflects poorly on the City. The proposed amendment and PUD rezoning will achieve an
improved appearance and stable community without the need to more effective code enforcement
to deter physical obsolescence and blight.
Objective 1.5: Development resulting from this amendment shall adhere to the permitting
requirements of St. Johns River Water Management District, Florida Department of
Environmental Protection, and the U.S. Army Corps of Engineers.
Objective 1.6: The companion PUD rezoning application is a vehicle for `tha~Cty to encou'~ge ~ ' -''""
an innovative land development approach that reduces dependence on automobile travel (mix of
uses, watercraft accessibility) and conserving natural resources (tree preservation, shoreline
stabilization).
Policy 1.6.1: The City's planned development regulations are being utilized as an opportunity for
encouraging innovation, creativity, and imaginative design.
Policy 1.7.1: While the City is practically built-out, facilities and services to meet the adopted
levels-of-service are in place, The proposed amendment is a small-scale redevelopment project
that does not necessitate a significant increase in services or facilities.
Objective 1.8: The intended plan of development shall exemplify ahigh-quality project that is
compact in form, where buildings do not cover more than 35% of the site. Its clustered land use
pattern may yield cost-effective provisions of City services. Local residents may benefit by the
introduction of new employment opportunities at the non-residential elements of the PUD.
Policy 1.8.1: The City annexed the subject property and is confident in its ability to provide
services and facilities in a manner that maintains adopted levels-of-service standards.
Policy 1.8.2: The multi-family residential units shall be clustered and the City encourages
'® clustering of urban land uses in locations where infrastructure facilities are available or where
extensions and enlargements can be achieved efficiently.
Policy 1.8.3: No density bonuses are being sought after as part of this amendment. The
maximum density within the PUD shall be 6 dwelling units per acre.
Johnston Island PUD Small Scale FLUM Amendment 04/09/04 Rev. 10/27/04
PLANNED UNIT DEVELOPMENT
REZONING PACKAGE
(File REZ-2004-01)
~.
s•
ORDINANCE NUMBER: 52-04-02
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
~" DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER ~2-04-02,
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
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, public hearings and readings of the
proposed Ordinance were held on the 12th day of July, 2004 at 7:15 p.m.; the 26th day of July, 2004
at 7:15 p.m, and September 27, 2004, at 7:15 p.m., with a final public hearing and reading of the
Ordinance to hear and adopt said Ordinance held on November 08, 2004 at 7:15 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 Prosser Hallock Engineers and Planners on behalf of
Bridge Tenders, LLC Inc., the title owner of record in the application, as amended, (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 amended PUD Application and Exhibits, attached to this ordinance,
first filed January O5, 2004, and last amended October 27, 2004, 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.
Ordinance 52-04-02 Page 1 of 3
SECTION 3. Findings of Fact: The need and justification for approval of the JOHNSTON
.ISLAND PUD have been considered in accordance with the currently effective City of Atlantic
Beach Comprehensive Plan and the Zoning, Subdivision Land Development Regulations and,
whereby, it is found that:
1. This request for rezoning has been frilly considered following a public hearing and
recommendation from the Community Development Board and after public hearings before
the City Commission with legal notice duly published as required by law.
2. This rezoning ordinance 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-O1 from
Conservation to Residential, Low Density and from Conservation to Commercial.
3. This rezoning to Planned Unit Development, and the specific plan of development, is
consistent with the Comprehensive Plan, adopted December 13,1990 by Ordinance Number
95-90-48, as amended, and the Future Land Use Designation of Residential, Low Density
and Commercial.
~"' 4. This rezoning from Conservation to Planned Unit Development is consistent with the Land
Development Regulations in that the specific land to be redeveloped pursuant to this PUD
has consisted of previous uses defined by the Land Development Regulations as Commercial
General and Light Industrial and Warehousing, and said lands to be redeveloped are not
composed of open land, water, marsh and wetland areas.
5. This Planned Unit Development does not affect adversely the orderly development of the
City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land
Development Regulations, and within the 1990 Comprehensive Plan.
6. The proposed Planned Unit Development is consistent with the Land Development
Regulations, specifically Division 6, establishing standards for Planned Unit Developments.
This rezoning and development of this Planned Unit Development will proceed in
accordance with Chapter 24, Article III, Division 6 and will accomplish the objectives and
meet the Standards and Criteria of Section 24-134, as well as Article IV, Division 5, of this
Chapter, and
7. 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, and the proposed Planned Unit Development will not .affect adversely the
health and safety of residents in the area and will not be detrimental to the natural
environment or to the Use or development of adjacent properties or the general
neighborhood.
Ordinance 52-04-02 Page 2 of 3
~,
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 not become effective until one (1) day following the
effective date of companion Ordinance 31-04-03, said ordinance changing the 2005 Future Land Use
Map designation of lands described and as set forth within Application File Number SSA-2004-01.
"' 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 Director or designated administrative official. In the
event that Ordinance 31-04-03 is not enacted, this ordinance and the proposed Johnston Island PUD
shall not subsequently be enacted and made effective.
Passed upon first reading and public hearing by the City Commission of the City of Atlantic
Beach this 12th day of July, 2004.
Passed, as amended, upon final reading and public hearing and adoption this 08th day of
November, 2004.
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Attest:
John S. Meserve
Mayor/Presiding Officer
Donna Bussey
City Clerk
Effective Date:
(To - be established in accordance with
preceding Section 6 of this Ordinance.)
Ordinance 52-04-02 Page 3 of 3
JOH.%~STOV"ISLAND PUD
~„ April 9, 2004 (Revised September 16, 2004 and October 27, 2004)
PUD Rezoning Application Submitted on Behalf of
Bridge Tenders, LLC Ron Zajack, Managing Director
P.O. Boy 40925
I.IS Jacksonville, Florida 32203
Authorized Agent:
~,` ~
~_ __-~
Prosser Halloclc
PLANNERS & ENGINEERS "
13901 Sutton Park Drive South, Suite 200 Jacksonville,
~' Florida 32224-0229
P - (904) 739-3655 f - (904) 730-3413
www.prosserhallock. com
Contacts:
Chad A. Grimm, ASLA
Anthony S. Robbins, AICP
!~" Exhibits
1 Application Form
. 2 Legal Description
~. 3' Conceptual Master Plan
4 Location Map
5 Authorization for Rezoning
~„ 6 Topography Map
7 Soils Map
8 Flood Zone Map
9 Proof of Ownership
10 Property Owners Within Three Hundred Feet
SECTION 1
INTRODUCTION AND APPLICATION
~ This Narrative of the Intended Plan of Development supplements the Application Rezoning to Planned Unit
Development (PUD) under Division 6 of the Zoning, Subdivision and Land Development Regulations for
the City of Atlantic Beach, Florida. The Property is under unified control and is planned to be developed as
a single development operation in two phases, containing a private yacht club with no more than six (6)
~1b dwelling units per acre, allowing for a restaurant, a private marina, recreational amenities, and preserved
open space. This PUD Ordinance includes a program for the provision, operation, and maintenance of such
area, facilities, and improvements as will be for common use by some or all of the occupants of the Planned
~ Unit Development district, but which will not be provided, operated, or maintained at general public
expense
This PUD offers the City of Atlantic Beach an opportunity to promote the redevelopment of Johnston
Island, a blighted area located at the gateway to the City. This redevelopment effort will eliminate
significant physical blight and structural deterioration. Without redevelopment activities, this isolated
island will certainly continue to erode and continue to be an eyesore at the Cit}1s entrance containing
dilapidated structures that will eventually collapse into the Intracoastal Waterway.
The City's economic base is not expected to change as the City is largely developed. This PUD offers an
economic boost to the City in both revenue generation and aesthetic enhancement at the Cit}js gateway.
This PUD will foster a stable residential neighborhood that encourages healthy, living conditions.
The Applicant is proposing a high quality multi-use
development that offers a casual lifestyle surrounded by
natural beauty and be a wonderful place to call home. This
project offers a positive fiscal benefit to the City's collected
revenues and an excellent cost-benefit impact through
!~ provision of a user for the City's utilities. The Johnston Island
PUD will display an air of prestige and elegance to those
travelling to the City from the west, an attractive feature to let
people know they have arrived at one of Florida's finest cities.
This PUD will bolster a fine, quality restaurant on the water,
something currently not found in the City. The yacht club will
be located over 4,000 feet from the nearest home and shall act
as an attractive screen that prevents City residents from
viewing the industrial park to the west.
Perhaps, after a day on the waterway, members and their guests would dock at a transient slip and enjoy
delicious cuisine and fine dining service in the elegance and charm of the clul3s hospitality and world-class
service enjoyed in a relaxed atmosphere along the Intracoastal Waterway.
This PUD shall also exemplify the orderly development of Atlantic Beach as embodied in the Cit}ts
Zoning, Subdivision and Land Development Regulations and Comprehensive Plan. This proposal will
meet or exceed the quality found in other upscale areas of the City. The project shall not adversely affect
the health, safety and welfare of the residents or workers in the area, will not be detrimental to the natural
environment or the development of adjacent properties, and will accomplish, the objectives, standards, and
criteria set forth in the City's Zoning; Subdivision and Land Development Regulations.
~, The Property is owned by Bridge Tenders, LLC who has authorized Prosser Hallock, Inc. to act on their
behalf with regards to this rezoning. Evidence of this authorization is attached as Exhibit 5. A list of
property owners within three hundred (300) feet of the Property is included as Exhibit 10.
~" ~ The Applicant stipulates and agrees to proceed with the proposed development in accordance with this
PUD Ordinance by the City Commission of Atlantic Beach, Florida.. The term"Applicant" or "Developer"
1otu~ston Island Planned Unit Development 04/09/04 (Revised 09/16/04 and 10/27/04)
Page 2
n
City's current western view of an industrial park
shall include any subsequent owner or developer of the Property (please refer to PUD Section 5 for more
details).
Consistent with Comprehensive~Plan Objective 1.3, the PTJD contains a development pattern that prevents
blighting influences. The refurbishment of Johnston Island shall eliminate non-conforming uses having a
deleterious effect on surrounding areas and foster a stable neighborhood. The Subject Property is in an
excellent location-for connection to City services and the yacht club encourages healthful living conditions.
Consistent with Comprehensive Plan Policy 1.3.x, the Developer is seeking rezoning to Planned Unit
Development to achieve environment enhancement, economical land development, and efficient patterns of
land use. The residential uses shall be clustered together and provisions are made for civic areas and
preserved open space. Comprehensive Plan Policy 1.8.2 encourages clustering of urban land uses in
locations where infrastructure facilities are available or where extensions and enlargements can be achieved
efficiently.
The intended plan of development is consistent with Comprehensive Plan Objective 1.4's desire to achieve
~ improvement of the physical character of the City and eliminate substandard development programs
directed at conservation and through redevelopment of structures.
This PUD will allow the City to continue to maintain a development character, which is compact in form,
!~' orderly in its land use pattern; and diversified in its makeup so as to ensure employment, a pleasant living
environment, and. cost-effective public services.
~~..,.~.~„ i,~w~u nannea unit llevelopment 04/09/04 (Revised 09/lb/041
..
~'"
SECTION 2
PHYSICAL SITE CHARACTERISTICS
The Property is located on the north side of Atlantic Boulevard between the Jacksonville city limits and the
Intracoastal Waterway (see E.~chibit 4). The site is flat with little or no topographic relief having a
maximum elevation of approximately 6.5 feet msl and a minimum elevation of approximately 4 feet msl.
Access to the site is from the old Atlantic Boulevard bridge.
The Property is currently zoned Conservation, however, the Property contains several dilapidated
residential structures and a deteriorating restaurant. This PUD rezoning will allow for infill redevelopment
of the Property to a use more in keeping with the vision, values, and character of Atlantic Beach.
The majority of the existing understory vegetation is either turf, introduced plant species or invasive plant
species. There are a few planted trees observed on-site, including Live Oak, Laurel Oak, Holly, and
Cabbage Palm.
The Soil Survey of Duval County, Florida identifies one type of soil in the upland portions of the site,
Arents (Map Symbol 4), which are soils with a medium potential for community development.
Aerial view northward from Atlantic Boulevard
,:~ ...,,~. . ~,.~.-e~
VH {l T
- `~ _ -
szon island Planned Unit Development 04/09/04 (Revised 09!16/04)
Trash discarded along the island's western bozzndary
Existing dilapidated building on the property
Yiew >-vestward from the Atlantic Beach mainland
SECTION 3
PERMISSIBLE USES, RESTRICTIONS AND GUIDELINES
1e,,,,, 3.1 Master Plan
The Master Plan is attached as Exhibit 3 of this text.
""" The residential element of this multi-use PUD will contain a maximum of six (6) dwelling units per acre in
the form of condominium and/or single family units. The residential element shall include amenities such
as, but not limited to, a pool and cabana, boardwalk, a private marina, pavilions/gazebos, community room,
~, landscaping and an open space plaza between the building and the Intracoastal Waterway.
The residences shall be accessed by an existing entry/egress point abutting the existing FDOT-maintained
road providing access to Atlantic Boulevard. A separate gated entry/egress access to the residential
~"" element may be allowed subject to FDOT permitting. All internal vehicular use areas connecting to this
road will be maintained by the property owners association and shall not be the responsibility of the City of
Atlantic Beach.
The residential element may contain customary accessory uses, including but not limited to, pump houses,
marina support buildings, and storage buildings.
~" The marina club and lodge shall encompass the remainder of the Property that is not part of the residential
element. The yacht club may include a restaurant with indoor and outdoor seating, screened service
facilities, boat access for restaurant patrons, marina promenade walkway, cabanas, plaza with benches,
~ drop off area and landscaping, improved boat docking pilings, a civic space with outdoor seating, preserved
open space, parking areas, and private marina for members. There shall be no commercial use of the
marina other than by patrons of the restaurant or yacht club members and their guests.
~"' 3.2 Development Standards
The following development standards will maintain the character and quality that exists in the City of
Atlantic Beach.
Maximum Height of Structures The maximum height shall be thirty-five (35) feet.
Minimum Yard Requirements
Front Ten (10) feet
Side Ten (10) feet
Rear Twenty (20) feet.
Maximum Residential Density Six dwelling units per acre (6 du/ac)
~s Maximum Non-Residential Intensity Twelve thousand square feet per acre (12 ksf/ac)
Minimum Residential Unit Square Footaee One thousand (1,000) square feet
3.3 Minimum Parking Requirements
Standard parking space dimensions: Nine (9) feet by eighteen (18) feet
~w Handicapped accessible parking space dimensions: Twelve (12) feet by eighteen (18) feet
Minimum two-way driveway aisle Ten (10) feet
Minimum two-way driveway width Twenty (20) feet
~' Off-street arkin
p g spaces re uq fired
A. Multi-family residential Two (2) spaces per dwelling unit
Jo}uiston Island Plamied Unit Development 04/09/04 (Revised 09/16/04 and 10/27/04)
Page 5
~"
4"'
A. Multi-family residential Two (2) spaces per dwelling unit
B. Marina Club One (1) space for every four (4} seats
C. Marina Lodge One (1) space for each rental unit
D. Marina One (1) space per slip less (A), required residential spaces
(Required parking shall include handicap spaces consistent with the Florida Accessibility Code for Building Construction.)
Off-street loadino spaces required:
Restaurant One (1) space for the first IOKSF plus one (1) per additional 20KSF
3.4 Temporary Construction and Sales Trailers
The Applicant may install a temporary construction/sales office within the project during the period of
construction and sales, but in no event to exceed five (5) years from commencement of construction. The
Applicant; in its sole discretion, may allow three (3) additional temporary construction/sales offices for the
sole purpose of construction of the new structures under the terms and conditions above. If no construction
has occurred for a period of six (6) months, then the trailers shall be removed until such time as
construction recommences.
3.5 Buffering Between Residential and Non-Residential Uses
~'
There shall be a building fapade, a solid masonry wall, wood fence, or landscaping (or combination thereof)
between the restaurant and the condominiums. Such buffer shall be a minimum of five (5) feet in height
and shall be constructed and maintained along the entire length of the adjoining boundary line. When
~ landscaping is used as the required buffer, such landsca in shall
opacity within twelve (12) months of installation. p g Provide one hundred (100) percent
Where a fence or wall is used, such wall or fence height shall be measured from the finished grade of non-
- residential property, whether filled or not. Buffer walls and fences may be constructed to a maximum
height of eight (8) feet. In no case shall a wall exceed eight (8) feet in height as measured from the lowest
side.
3:6 Utilities
Electric service lines and telecommunication lines shall be installed underground in accordance with the
policies of the utility provider. The Developer is responsible for construction and/or extension of water and
sewer lines as needed to serve this PUD. Ornamental security and low level WA lighting will be provided
and maintained by a property owners association. Potable water and sanitary sewer service shall be
provided by the City of Atlantic ~ Beach Public Works Department iri accordance with their terms and
requirements. Any utility facilities proposed for dedication to the City of Atlantic Beach must be
acceptable by the City as to construction standards and deemed to be of benefit to the general public by the
Director of Public Works.
3.7 Roadways and Drainage
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 Building and Zoning Department for approval prior to commencement of
construction.
Proposed interior vehicular use areas (VLTAs) will comply with the City's Zoning, Subdivision and Land
Development Regulations except as noted herein.
Access will be provided to this PUD by utilizing the existing FDOT roadway that links the property to
Atlantic Boulevard. The residences may have a private access point separate from the existing access to
~ the marina club. Access and circulation shall adequately provide for emergency service and fire-fighting
Johnston Island Planned Unit Development 04/09/04 (Revised 09/16/041
,~, equipment, furniture moving vans, fuel trucks, refuse collection, deliveries, and debris removal. Fire
protection shall provide for adequate protection facilities as required by the City of Atlantic Beach in
conformance with standards set forth in Chapter 24 of the National Fire Protection Code, as amended.
!'"' If ownership of the access road is transferred from FDOT, the City of Atlantic Beach shall have fast option
.from FDOT should they wish to lease/sell the access road. In the event the road is no longer owned by
FDOT, public .access shall be maintained from dawn until dusk on the roadway and nothing contained in
~, this PUD shall prohibit that access.
3.1 Refuse Collection Areas
Residential trash receptacles, garbage, recycling, and similar containers shall be shielded from view except
during time periods associated with refuse collection. Commercial dumpsters and trash receptacles shall be
screened from view by fencing or landscaping, or shall be located so that they are not visible from the
street.
3.2 Landscaping
~" Ten (10) percent of vehicular use areas (VUAs) used for non-residential off-street parking shall be
landscaped. At least twenty-five (25) percent of that shall be covered with shrubs; the remainder in shrubs,
groundcover, mulch, and grass. Shrubs shall be spread on three (3) foot spacing. Not less than one (1) tree
~ .for every four thousand (4,000) square feet, or fraction thereof, of VUA shall be required.
Each row of non-residential parking spaces shall be terminated by a landscape island with inside
dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) long for a
double row of parking. Each terminal island shall contain at least one (1) tree. Each side of the terminal
island adjacent to a travel lane shall have a continuous six (6) inch high curb of concrete or other
appropriate permanent material.
All VUAs that aze not entirely screened from view by the street by an intervening building shall contain (i)
a continuos landscape area at least five (5) feet wide between the VUA and the abutting property,
landscaped with shrubs, ground covers, preserved existing vegetation, mulch and grass; and (ii) no less than
one (1) tree, located within twenty-five (25) feet of the outside edge of the VUA, for every fifty (50) linear
feet thereof, of the distance the VUA abuts the adjacent property. Trees may be clustered, but shall be no
more than seventy-five (75) feet apart.
~ 3.3 Signage
One (1) sign identifying the development name shall be allowed at the intersection of the access road and
Atlantic Boulevard and near the existing access point into the PUD. Johnston Island shall adhere to all City
of Atlantic Beach Signage regulations.
3.4 Environmental and Cultural Resources
According to a search of the Florida Division of Historical Resources Master Site File on December 5,
2003, there aze no known archaeological or historic resources located within this PUD. A minimum
twenty-five (25) foot wide undisturbed buffer shall be maintained between development and delineated
jurisdictional wetlands. In cases where the aforementioned buffer is demonstrated to the Community
Development Director's satisfaction to be unreasonable or impractical, an averaged twenty-five (25) foot
undisturbed buffer may be provided. All buffers and environmental protection measures required by the
U.S. Army Corps of Engineers, Florida Department of Environmental Protection,. and St. Johns River
Water Management District shall be adhered to.
+~
Johnston Island Planned Unit Development 04/09/04 (Revised 09/16/04)
Page 7
~"
SECTION 4
SCHEDULE OF DEVELOPMENT
The Johnston Island Planned Unit Development shall be developed within ten (10) years of City of
Atlantic Beach approval of construction/engineering plans. There is an extensive permitting
process .among numerous of regulatory agencies that must be accomplished prior to
construction/engineering plan approval by the City. Once the permitting and plan approval is obtained,
the Developer shall commence with construction of the PUD's residential element first as
expeditiously as possible.
SECTION 5
~"' OWNERSHIP AND MAINTENANCE
The common facilities situated within the development shall be conveyed to and maintained by a properly
formed property owners association, its successors and assigns. The. permanent utilities will be dedicated
to the appropriate utility company. The entry structures (signs, landscaping, etc.) shall be placed within a
private easemendpublic right-of--way and shall be owned, managed, and maintained by the property
owners association, its successors and assigns.
All dwelling units within this PUD shall be sold subject to uniform covenants and restrictions which shall,
in addition to other matters, implement the terms of this PUD. The covenants and restrictions will be
enforced by the property owners association.- Each unit owner will pay a capital contribution fee and will
pay annual dues to the property owners association.
All open space and amenities within the residential element shall be owned b a roe w
y p p rty owners
association.
This PUD shall be made subject to uniform covenants and restrictions prior to the sale of any property
within the development. These covenants and restrictions shall, among other things, make all buyers aware
of this PUD zoning, the designation of the reserve area as permanent open space, as well as the other
restrictions imposed by this PUD zoning. The covenants and restrictions shall also state where to obtain
information concerning the requirements for changing the PUD status of the Property.
The owners of the Property agree to proceed with the proposed development in accordance with this PUD
Ordinance and such conditions and safeguards as may be set by the City Commission in the enacting
Ordinance. The owners shall provide a written statement of a proposal for completion of the development
according to plans approved by the Ordinance, and for continuing operation and maintenance to such areas,
functions and facilities as are not to be provided, operated or maintained by the City pursuant to written
agreement. Furthermore, the owners shall bind all successors and assigns in title to any commitments
included in the enacting Ordinance, which shall include by reference the application for rezoning. This
must be clearly reflected in the Covenants .and Restrictions of this PUD, which shall be recorded with the
Clerk of Courts of Duval County.
Johnston Island Planned Unit Development 04/09/04 (Revised 09/l6/04)
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Johnston Island
PUD
Exhibit 1
Application Form
APPLICATION FOR REZONING TO
PLANNED UNIT DEVELOPIYIENT
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 F.4~Y (904) 247-5805 http://www/ci.atlantic-beach.fl.us
Date April 9, 2004 File No. ~~~ZO~y"0 ~ Application No.
~v/5~~ Dam/-/I~-o~ O/'-A~ /O- Z7'U~
1. Applicant's Name Anthony S. Robbins; AICP c!o Prosser Hallock, Inc.
2. Applicant's Address 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229
3. Property Location Johnston Island, north of Atlantic Boulevard
4. Property Appraiser's Real Estate Number 1 723 9 1-0000
5. Current Zoning Classification Conservation 6. Comprehensive Plan Future Land Use Designation Conservation
7. Requested Action Rezone to a multi-use project to be known as the Johnston Island PUD
8. Size of Parcel Approx. 7.5 acres 9. Utility Provider City of Atlantic Beach
10. Provide a textual narrative and a composite site plan, which demonstrates compliance with Article III, Division 6 of
the City of Atlantic Beach Zoning, Subdivision and Land Development Regulations. The narrative, and any required
attachments, should concisely address each of the provisions and requirements of Section 24-130 and should be
provided in an order and format consistent with this Section. Please provide a cover page and a table of contents
identifying each attachment to the application. The requested material are attached to this application.
11. The following items must be submitted with the application:
a. List. of adjacent property owners within 300 feet of the property including name, mailing address and Property
Appraiser's Real Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each
property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order of
the envelopes must match the order in which the names anoear on the list.
b. Proof of ownership (copy of deed or certificate by lawyer or abstract company or title company that verifies record owner
as above). If the applicant is not the owner, a letter of authorization from -the owner(s) for applicant to represent the
owner for al! purposes related to this application must be provided.
c. Required number of copies: five (~ Please submit ten (10) copies of any plans or attachments that are larger than 11 x
17 inches in size, or any other items that cannot be easily reproduced.
d. Application Fee. ($500.00)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WTTH THIS APPLICATION I5 CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): Anthony S. Robbins, AICP
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: Anthony S. Robbins, AICP c/o Prosser I~allock, Inc.
Mailing Address: 13901 Sutton Pazk Drive S, Suite 200 Jacksonville, Florida 32224-0229
~„ I Phone: (904) 739-3655 FA<Y: (904) 730-3413 E-mail: trobbins@prosserhallock.com
Johnston Island
PUD
Exhibit 2
Legal Description
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Johnston Island PUD
Exhibit Z
Legal Description
TRACT 1 : THAT PART OF UNSURVEYED. FRACTIONAL SECTION 1 9, TOWNSHIP 2
SOUTH, RANGE 29 EAST, LYING NORTH OF THE 100 FOOT RIGHT-OF-WAY OF
ATLANTIC BOULEVARD AND LYING EAST OF UNSURVEYED FRACTIONAL SECTION
24, TOWNSHIP 2 SOUTH, RANGE 28 EAST, AND LYING SOUTH OF UNSURVEYED
FRACTIONAL SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST, AND LYING
WEST OF A LINE 200 FEET EASTERLY (MEASURED ALONG THE NORTH RIGHT-OF-
WAY LINE OF ATLANTIC BOULEVARD) OF AND PARALLEL TO THE EAST 500 FOOT
RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY AS SHOWN ON A MAP RECORDED
IN PLAT BOOK 14 PAGE 70, OF THE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY, FLORIDA.
~' SUBJECT HOWEVER, TO THE EASEMENT OF THE UNITED STATES OF AMERICA IN
AND TO THE 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY
DESCRIBED IN DEED RECORDED IN DEED BOOK 592 PAGE 257, SAID PUBLIC
RECORDS, AND SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, SAID
PUBLIC RECORDS.
SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES OF
AMERICA AS SET FORTH IN INSTRUMENTS RECORDED IN DEED BOOKS 698 AT
PAGES 421 , 424, 427, 437, 440, 444, 448 SAID PUBLIC RECORDS, AND BY
INSTRUMENT RECORDED IN DEED$OOK 809 PAGE 1 67, 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 fN 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 SA[D SECTION
24, TOWiVSHIP 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.
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Johnston Island
PUD
EXlllblt 3
Conceptual Master Plan
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Exhibit 4
Location Map
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Johnston Island
PUD
Exhibit 5
Authorization for Rezoning
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OWNER'S AUTHORIZATION FOR AGENT
Chad A. Grimm and Anthony S. Robbins of Prosser Hallock, Inc. are hereby
authorized to act on behalf of Bridge Tenders, LLC, the owner of those lands described
within the attached application, and as described. in the attached deed or other such proof of
ownership as may be required,, in applying to the City of Atlantic Beach, Florida, for an
application related.to a Development Permit or other action pursuant to a:
^ Zoning Variance ^ Appeal
^ Use-by-Exception ^ Fence or Pool Permit
X Rezoning ^ Sign Permit
^ Plat or Replat X Other:
Comp Plan Map Amendment
BY:
Print Name .
Signature of
mint Name -~
Telephone Number
State of Florida
County of Duval
Signed and sworn before me on this ~~day of, 2003. ~e~. Z°m /'j ~'~-
By
Identification verified:_ ~~~ d ~G /C~~ y~
y
Oath sworn: Yes No
ray++, Mary Ann Thompson Notary Signature
c Commisaton ~ CC973235
oc ~ ~ Iv1y Commission expires:
~ni~`~'~` Atlantic 8omtlls~ UI,~ tjL
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Johnston Island
PUD
Exhibit 6
Topography Map
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"JONNSTON /BLAND"
IN PART OF SECTION 24, TO~V~ISNIP 2 SOUTH, RANGE 28 EAST AND A
PART OF UNSURVt1'~D FRACTIONAL SECTION / 9, TOW1VSh'IP 2 SOUTr-i RANGE 29 EAST,
JACXSONVILLE, DUVAL COUNTY, FLORIDA
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Exhibit 7
Soils Map
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Exhibit S
Flood Zone Map
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Exhibit 9
Proof of Ownership
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Nreparcd (3y/Record and Return To:
Robert U. Mickley, Esquire
Rugers Towers, P,~.
I JOI Riveiplace [~Ivd., 5uile (500
Jacksunville, Flurida 12207
~:.a.
D4cM 2003359376
Book; 11451
Pi esr 1664 - 1666
Fljtd d Rpcarded
l0/31/e003 O~c00c01 PM
1IM FULLEh+
CLERK CIRCUIT COURT
Dt1VAL CDI.WTY
RECQRDIN9 f t3.00
iRU6T FU{D 1 2.04
DEED DOC STAMP S 3,150.00
Book 11451 Page 1664
WARRANTY DEED
±~' THIS DEED is made this October- 23, 2003, by and between LAURA LEE
JOHNSTON PERKINS, an unmarried woman conveying non-homestead real estate, whose
address is l I I West Force Street, Valdosta, Georgia 31602 (hereinafter referred to as the
"Grantor"), and BRIDGE TENDERS, LLC, a Florida limited liability company, whose address
is 1357 West Beaver Street, Jacksonville, Florida 32209-7632 (hereinafter referred to as the
"Grantee"), -
WITNESSE7'H: That the Grantor, for and inconsideration of the sum of Ten and No/100
Dollars ($10.00) paid by the Grantee, tl~e receipt and sufficiency of which are hereby
acknowledged, has granted, bargained, sold, and conveyed and by these presents does hereby
grant, bargain, sell, and convey unto- the Grantee and its successors and assigns forever all of the
Grantor's undivided one-half interest in and to those certain lands Lying' and being in Duval
County, Florida, which are described on Exhibit "A" attached hereto 'and by this reference are
made a part hereof (the "Land").
Real Estate Parcel Number: 172391-0000.
TO HAVE AND TO HOLD the same, together with the hereditaments and appurtenances
there~uito belonging or in anywise appertaining, subject to the following permitted encumbrances
(the "Permitted Encumbrances"): _
_ . 1. Taxes and assessments for the year 2UU2 and taxes and assessments levied and/or
assessed subsequent to the date hereoF, ~-
2. Easements, covenants, conditions,, restrictions, and reservations of record, if any;
3. That certain Mortgage to Secure Present and Future Advances in favor of Thomas
Dumas, dated October 29, 2002 and recorded in Official Records Book 10752, page 2371 ~bf the -
current public records of Duval County, Florida; and
~. That certain Notice and Acknowledgement of Retained Interest in favor of
Pelican Creek Boatyard, lnc., a Florida corporation, and Allen C.D. Scott, Ill, dated August 14,.
1996 and recorded in Official Records Book 8428, pace 1135 of the cw-rent public records of
"~ Duval County, Florida.
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Book 11461 Page 16b~
Except as set forth in the Permiltcd Eucumbranccs, Grantor does hereby bind herself and
liar successors to warrant and forever defend the title to the Land unto the Grantee against all
persons whomsoever:
1N WITNESS WHEREOF, the Grantor has caused these presents to be executed the day
and year above written.
,,, Witnesses:
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Name: - ~ }
rte. (/ w _ 22. ' J-P~-~~-u_.~-
_~ s- ~ ~ LJAURA EE JOHNSTON PERKINS
Name: vsr,N S. Scot '
STATE OF GE/OR, GIA
COUNTY OF ~~~
The foregoing instrument was acknowledged before me thi~ day of October, 2003, by Laura
Lee Johnston Perkins. She (check Dire) is ~rsonally known to me or ~ has produced
__as identification. ~
Notary P ic, State ar~d bounty aforesaid
Name: ICS., ~,~~
(Notarial Seal)
a\G~1 1!1!Eq~
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Book 1141 Page 1666
Exhibit "A"
Legal Description
~,,, Tract l: That parr of unsurveyed Fractional Section Nineteen ((9). Township Two (2)
South, Range Twenty-nine (29) Easl, lying North of the Qnc 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 (l8), 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 h~mdred (500) foot right of way of the
lntracoastal ~Valerway 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 the unsurveyed fractional Sectiun Twenty-four (24},. Township 2 South,
Range 28 East, lying East of the center of the I~itracoastal Canal as the waters in the same 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 Cast, intersects the Northern boundary of said Section 24, runriing 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, running thence. Northerly along the center line of said lntracoastal Canal as the waters of
the same now flow to where said center line intersects the Northerly boundary oFsaid Section 24,
thence East along the Northerly boundary of said•Section 24 to the Point of Beginning.
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PNC?NE ~~ I
) ~ I 1 8~~ 11451
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repared By/Record and Return To:
pales; 1 6 E 7 -
1 6 7 0
Robert O. Mickley, Csquire Fi1~ d R
~, ecorded
Rogers Towers, P.A. lO~J1/2003 O~t00;
1301 Riveiplace IIlvd
Sure IS00 JIM FULLER O1 pM
„
CLERK CIRCUIT COURT
Jacksonville, Florida .1227 DUVgE COUNTY
AECORpING
* TRUST ~p l 17,00
DEED DOC STAMP f 2.50
s 2, X50. o0
.Book. 11.451 Page 1667
WARRANTY DEED
*~ TH1S DEED is made. this October 2~
2003
b
and between JOHNSTON
~
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I
,AND,
LC, a Florida limited liability company, whose address is 3218 Northeast 29th Street, Gresham
,
Oregon 97030 (hereinafter referred to as the "Grantor"), and BRIDGE TENDERS, LLC
a
~. ,
Florida limited liability company, whose address is 1357 West Beaver Street
Jacksonville
,
,
Florida 32209-7632 (hereinafter referred to as the "Grantee").
WITNESSETH: That the Grantor, for and in consideration of the sum of Ten atld No/100
Dollars ($10.00) paid by the Grantee, the receipt 'and sufficiency of which are .1->\ereby
acknowledged, has granted, bargained, sold, and conveyed. and by these presents does E~reby
grant, bargain, sell, and convey unto the Grantee and its successors and assigns forever all of the
Grantor's undivided one-half interest in and to those certain lands being in Duval County,
Florida, described on Exhibit "A".attached hereto and by this reference made a part hereof.
Real Estate Parcel Number: 1 723 9 1-0000.
TO HELVE AND TO HOLD the same, together with the hereditaments and appurtenances
~ thereunto belonging ,pr in anywise appertaining, subject to the Fermitted Encumbrances more
particularly described omExhibil "B".attached hereto and~by this reference made a pari hereof.
Except as set forth in the~'e~ fitted .Encumbrances, Grantor does hereby- bind itself and its
successors to warrant and fore~br~~efend the title to said premises unto the Grantee against all
persons whomsoever.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the. day
t"'" and year above written.
Witnesses:
~'" JOHNSTON ISLAND, LC, a F o ida limited
' ~ ~ liability co pats
~,. Name: S• ussbav gy;
~~ n„ ~~~ Name: William H, Jo(~ ton
t.lL+L1 ~h.i ~~.., Its : U a.c ..k ~ ~.. ~.~ ,
~„ Name:. t,~ 1 t,~,t A M N VSi4AvM
~,~\
w
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Book 11451 Page 1668
STATE OF ~ t,l~ (Z,Q~
~. COUNTY OF "DU~(r~l.r
+'~
The foregoing instrument was acknowledged hefore me this ~ day of October, 2003, by
William H. Johnston, the 0 ( n of Johnston Island, LC, a Florida limited
!""' liability company, on behalFof the company, e (check ones is ^ personally known to me or~
has produced 42t~r\ ~~>,I ~~~'S l.ic r,~oS~," as id-entification.
~~\~""'I"I "177~~, Notar Pu611c State and Count aforesaid
~~.~•'' all PiUS$ ~i Y ~ y
`\`~~. yj~\\i~ta~sao,~;b~?~ ~~~'~~., Name:
'`~~NI I I I II 11111\\
7 A X17037(11 2
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(Notarial Seal')
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Book. 11451 Page 1669
Exhibit "A"
~„ Tract 1: That part of unsurveyed iraclional Section Nineteen (19) Township Two (2) South, Range Twenty-nine
(29) East, lying North of the One hundred (100) fool right of way of Atlantic Boulevard and lying East of
unsurveyed fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and
lying South of 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
ANantic 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 D"oval County, Florida.
Subject However, to the Easement of the United Stales 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.
SubJecl further however, io the interest of the United States of America as set forth in instruments recorded in
Deed Books 698 al 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 Twenty-four (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, running thence Northerly along the center line of said
Intracoastal Canal as the waters of 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
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hook. 1141 Page 1670
Exhibil'B"
Pennit.ted Encumbrances
I. Taxes and .assessments for the year 2003 and subsequent years, and taxes and
assessments levied and/or assessed subsequent to the dale I~ereof.
2. The nature or extent of any submerged land included within the land described in
Exhibit "A".
3. Any and all rights of the United States of America over any lands now or
formerly lying under navigable waters, arising b.y reason of the authority of the United States of
America to control navigable waters in the interest of navigation and commerce, and any
conditions contained in any permit authorizing the filling in of such areas.
4. Any claim that any part of said land is owned by tl~e State of Florida by right of
sovereignty and riparian rights, if any.
5. Easement to the United States of America in and to the 500 foot right of way of
!~"" the Intracoastal Waterway described in Deed Book.592, page 257, of the current public records
of Duval County, Florida.
6. Rights, if any, of the public to use as a public beach or recreation area any part of
the land lying between the body of water abutting the subject property and the natural line of
vegetation, bluff, extreme high water line, or other apparent boundary line separating the
publicly used area from the upland private area.
7. The interest of the United States of America as set forth in instrument recorded in
Deed Book G98, page 437, Deed Book 809, page 167 and Deed Book 874, .page 237, of the
current public records of Duval County, Florida.
8. Right of Way Perpetual Easement recorded in Official Records Volume 435, page
417, of the current public records of Duval County, Florida.
9. General Permit to Southern Bell Telephone and Telegraph Company recorded in
Deed Book 1354, page 74, of the current public records of Duval County, Florida.
to, Any Part of caption in the Right of Way of Atlantic Boulevard
I1, .Rights of tenants in possession, as tenants only, under any unrecorded. leases.
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Johnston Island
PUD
Exhibit 10
Property Oyvners Within 300 Feet
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Johnston Island PUD
Exhibit 10
Property Owners Within 300 Feet
Parcel # 167131-0000
Moody Land Company, Inc. 4652 Philips Highway, Jacksonville 32207-7266
Parcel # 172389-0000
Queen of Peace Radio, Inc. 1611 Atlantic Boulevard, Atlantic Beach 32233-2~ 16
Parcel # 172390-0000.
United States of America c/o Exempt Chapter 15751, Jacksonville Beach 32250