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Agenda Item 7FAGENDA ITEM # 7F JUNE 10, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Introduction and first reading of proposed Ordinance No. 90 -13 -217, related to application REZ -13- 00100049, submitted by Rogers Towers, P.A. on behalf of Selva Preserve LLC. Said ordinance seeks to rezone approximately 7.05 acres from Planned Unit Development to Residential Single - Family (RS -1). There are no plans for development of the property at this time. SUBMITTED BY: DATE: Erika Hall Principal Planner May 2, 2013 BACKGROUND: See attached staff report prepared for the Community Development Board meeting of April 16, 2013. BUDGET: No budget issues. RECOMMENDATION: Recommend approval upon first reading of proposed Ordinance No. 90 -13 -217, to change the zoning classification of the subject property from Planned Unit Development (PUD) to Residential Single - Family (RS -1), consistent with the recommendation of the Community Development Board. (Public Hearing scheduled for regular City Commission meeting on July 8, 2013). ATTACHMENTS: Staff report and draft minutes from the April 16, 2013 Community Development Board meeting, proposed Ordinance 90 -13 -217, and supporting documents from the REZ -13- 00100049 file. REVIEWED BY CITY MANAGER: May 28, 2013 Commission Briefing AGENDA ITEM # 7F JUNE 10, 2013 -L H 7 CITY OF ATLANTIC BEACH COMMUNITY DEVELOPMENT BOARD STAFF REPORT AGENDA ITEM 4.C. CASE NO REZ -13- 00100049 Request to rezone approximately 705 acres from Planned Unit Development (PUD) to Residential Single - Family (RS -1). LOCATION 0 11TH STREET (NE OF INTERSECTION OF 11TH ST & LINKSIDE DR) APPLICANT SELVA PRESERVE LLC, REPRESENTED BY T R HAINLINE, JR DATE APRIL 16, 2013 STAFF ERIKA HALL, PRINCIPAL PLANNER STAFF COMMENTS The subject property consists of approximately 7.05 acres of undeveloped land and is currently part of the Selva Marina Country Club Residential PUD as the result of a Joint Venture Agreement. This action seeks to remove the subject property from the PUD approved by Ordinance No. 90 -09 -209, and revert to the RS -1 zoning designation as previously approved by Ordinance No. 90 -08 -205. The Future Land Use designation for the property is Residential Low Density (RL), which is consistent with the RS -1 zoning classification. The applicant has stated that there are no current plans to develop the property. However, any future development plans will have to comply with all subdivision and land development regulations, such as platting; provision of infrastructure, including roads, water and sewer lines, and stormwater facilities; as well as compliance with environmental mitigation for tree and vegetation removal, and wetland impacts, and RS -1- specific lot standards. REQUIRED ACTION +a�.,,,� .4FfiE�U`NO OCEM/L/ALK q._ I' o 00 S4R ''M s �4i�� TifA SIM1VYPORt ; F � f ]i i V AERrtViEVI ;�' Q ) yy wxxraYCws � UDIfY WOLEY wONi W � ¢TN 0.0EERT � 2 gip. '.azoEw � W 1Lm fM P Wt „yEg' g tD1N a �7TN ANa ExlA6K � ( �. 5tN .. eW{U A gEIVALn1tE5 a� e.. ' 0 0.125 025 OMles e Upon finding the request is consistent with the Comprehensive Plan, the Community Development Board should make a recommendation to the City Commission to approve the change in zoning classification of the subject property from PUD to RS -1. Page 1 of 1 REZ -13- 00100049 Rezone of Selva Preserve Property from PUD to RS -1 -.a w 1Q 5 1 �N t�J1 ASSISIi COVE L? 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CALL TO ORDER. - 6:07pm Chair Brea Paul verified the presence of a Kelly Elmore, Kirk Hansen, Brea Paul, an order at 6:07pm. Also present were N.S Matt Schellhorn, Principal Planner Erik a;::1 Griffin. Board members Harley Parkes any AGENDA ITEM # 7F JUNE 10, 2013 aorUrn'withthen attendance of Jason Burgess, ?atrick Stratton The meeting was called to ayport Liaison and,,ex- officio board member II, and Building and Zbnng Director Michael vlvia Simmons were absent. 2. ADOPTION OF MEETING MINUTES - MARCH 19;' Ms. Paul called for a motion to `approve the m meeting. Mr. Hansen moved thatmninu`tes be app the motion and it carried by a vote of 5 -0 3. OLD BUSINE 4. NEW BUSINESS of the March 19, 2013 regular is written. Mr. Elmore seconded (Shoppes of Lakeside, Inc) 1(f)(3), to allow non - residential off - street ,explained that the applicant is proposing to construct a y st'ucture, with the first floor dedicated to parking and nd floor dedicated to a seven thousand eight hundred ten square foot restaurant space, including three thousand dred forty (3,240) square foot air - conditioned space, a two d nine hundred seventy (2,970) square foot open -air dining i a one thousand six hundred (1,600) square foot open -air dining deck. The submitted conceptual plan shows a total of one - hundred fifty -six (156) seats, and per Section 24- 161(h)(15), required off - street parking for restaurants and bars is one (1) space for each four (4) seats, including any outdoor seating where service occurs. Thus, a minimum of thirty -nine (39) off - street spaces would be required to accommodate the proposed seating. Forty - four (44) off - street parking spaces were shown on the submitted parking level plan, with a total of fourteen (14) accessed directly from, and requiring backing into the Ahern Street public right -of- Page 1 of 17 AGENDA ITEM # 7F JUNE 10, 2013 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board way, which Ms. Hall said was contrary to the provisions of Section 24- 161(f)(3) which prohibits off - street parking for all uses other than single- and two - family residential backing into public rights - of -way. Ms. Hall reviewed Section 24- 64(d), grounds of approval for a variance, stating that neither (1) exceptional topographic conditions (5) irregular shape of the property or (6) substandard size of a lot of record, were applicaIble. She then focused on the applicant's statements regardi"1111he applicability of provisions (2), (3) and (4). The applicant had ass'xted that Sect &n24- 64(d)(2) — surrounding conditions or circumstances impacting the property disparately from nearby properties — was applicabl ,,,because there are seventy -five (75) existing spaces serving surrounding properties that are. - allowed to back onto Ahern Street Ms .,Hall confirmed there are twenty -seven (27) spaces serving the commercial uses at of ANorth Shore, iocale directly west of the subject Shoppes property, vvich .<<back onto Ahern Street. However, that development�Was constructed i 1990/91, and the parking plan vvas,ppproved as;,part of a use;by exception on June 26, 1989, and later amended on;February 26; 1990, more than 27 years prior to the adoption of Ordinance No. 90 -07 -200 on July 9, 2007, which enacted .the provisions of Section 24- 161(f)(3). The remaining forty =t wo'(42),:spaces with 'direct access' to Ahern street serve residential uses that are` either single- or two - family, and thus are exempt from the provisions of Section 24- 161(f)(3), or are multi- family or condo units that were approved and in process and /or constructed' pr=ior to the adoption of Ordinance No. 90 -07 -200 in Ms :;Hall reminded the Board that per Section 24- 64(b)(4), the nonconforming use of adjacent or neighboring lands, structures or buildings shall not be considered as justification for the approval of a variance. The applicant also claimed Section 24- 64(d)(3) — exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area — was applicable, but failed to explain how. Ms. Hall noted the proposed use was entirely consistent with the permitted uses allowed within the Central Business District, but she explained that the submitted conceptual plan exceeded the development capacity of the site. Page 2 of 17 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board AGENDA ITEM # 7F JUNE 10, 2013 Ms. Hall suggested that the property can still be developed to its best and highest use, while respecting the capacity of the site, by (1) reducing the structure size and seating capacity to the minimum required to obtain a Series 4 -COP SRX alcoholic beverage license, being two thousand five hundred (2,500) square feet in area and one hundred fifty (150) seats, thereby reducing the required off - street parking to thirty -eight (38) spaces; and (2) reconfiguring parking level design;, so that vehicular circulation is maintained on the subject property; thus eliminating the need to back into the Ahern Street aright -of -way. She projected an alternative parking plan, to demonstrate that this could be accomplished. Finally, the applricant "claimed that Secti6n..,24- 64(d)(4) — onerous effect of regulations`,enacted after platting or;'after development of the property or after ;construction of improvements upon the property, -was applicable Ms Hall agreed the current provisions of Section24= �61(f)(3) were adopted after the applicant's purchase of the subject property in 2000. However, she noted that the applicant KO prey ouslyrsubmitted ;an application for a concurrent rezone ana 'use -o month after adopt noted P'i,n the A6 Development Boar narkiho re ulation •ent Board.;. ,ould work' exception on the subject property just one on of.Ordinance 90"07-200. At that time, and as A:` of the August 21, 2007 Community ,meeting, the applicant acknowledged the new an.cl: committed to complying with it. She said ;houid have the same expectation that the same Vithin the same regulations today. 1 then reviewed applicable provisions of Section 24- 64 -(c) — for�denial of a variance — which state no variance shall be if the Community Development Board, in its discretion, Ines that the granting of the requested variance shall have Ily adverse impact upon (2) congestion of streets, or (3) safety, including traffic safety, risk of fire, flood, crime or otner threats to public safety. She then read the Public Safety review comments submitted by Police Chief Michael Classey: "We have reviewed the request for the variance referenced above. As you know, Sec 24- 161(f)(3) specifically prohibits constructing parking spaces which require drivers to back up into the public right -of -way. The applicant characterizes Ahern Street as more of a "service alley ". While a vehicle volume study was not able to be completed due to the very short turnaround time of the evaluation, the police department does not concur with this Page 3 of 17 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board AGENDA ITEM # 7F JUNE 10, 2013 description. While not to the level of a thru street such as Seminole or Sherry, Ahern Street is a heavily traveled roadway. It is used for much more than accessing the existing parking spaces as the applicant contends and serves as a cut thru between Sherry, East Coast, Ocean and Beach. Any parking plan that would cause vehicles to back out into the roadway would create an unnecessary hazard that could not be supported from a public safety standpoint." Ms. Hall concluded, reminding' -the Board that also according to Section 24- 64(c), variances shall n,ot be granted solely for personal comfort or convenience, �for`'frelief from financial circumstances or for relief from situationstreated by the property owner. Applicant Richard Trendel, .,Petra Management, Inc(2440 Mayport Road) Comment spoke on behalf of the applicant and reiterated the applicant's claim that the parking proposed```to back onto Ahern Street was consistent existing parking serving other properties which abut Ahern Street': Public No one from the audience came forth to give comment on the Comment ...e, ... Board Mr. Elf Discussion , �; ore stated that while he" would love to see something 2d on the ste, which had long been an eyesore, he could sport:. phis variance request. He disagreed with the !rizationof�Aher as a service alley, and he complimented ;i,llustratin ,Ahat parking requirements could be sufficiently 340,and without backing into the public right -of -way. Aton- 6greed, noting that the alternative plan drawn by staff iot require a variance. nsen added that the subject property requires a higher of compliance with the regulations due to the fact that it is a corner property. Visibility, and thus safety, is further impaired by the jog in Ahern Street. Motion Mr. Hansen moved that the Community Development Board deny ZVAR -13- 00100047, a request for variance from Section 24- 161(f)(3), to allow required non - residential off - street parking that backs into a public right -of -way, finding that there are no surrounding conditions or circumstances impacting the property disparately from nearby properties, but that certain other properties were developed before the adoption of Ordinance No. Page 4 of 17 Draft Alinutes of the April 16, 2013 regular meeting of the Community Development Board AGENDA ITEM # 7F JUNE 10, 2013 90 -07 -200 and in accordance with an approved use -by- exception, or they are exempt from the provisions of Section 24- 161(f)(3) due to the nonresidential nature of their use; finding that there are no exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area, but that the applicant's proposal exceeds the physical capacity of the property and there exists alternative design scenarios that would be in accordance with the requirement s., of Section 24- 161(f)(3); finding that though regulation has been enacted after the platting of the property, it does not have ar'h,` onerous effect on the future development of the property,' because it has been demonstrated that the property can �ba �Aeveloped;;to its highest and best use while meeting the I ,46Iauirements of Section 24- 161(f)(3); and, finding that proposal would have a materially adverse effect on public safety by cr'ati,ng traffic hazards impacting both motorized and pedestrian traffic Wr. Elmore seconded the motion and it passeduiianimously, 5 0 B. REZ -13- 00100048, 1600 Request to rezone approa to Special Planned Area course and country club Marina Country Club fac which may include a poi offices, tennrs courts) an vote. The Drive (Atlantic Beach Partners, LLC) acres frdin Planned Unit Development (PUD) inject pro periy;,is currently used as a golf �da'pii ci is the redevelopment of the Selva �g�the c'l'ubhouse and recreational amenities, Mouse, pro'shop(s), health /exercise facility, narking, storage, and similar facilities. re': :disclosed . h At he is the landscape architect of record roject, an,d :shaving a financial interest, he stated he would `om debate and vote on this matter, though he would be answer any questions that the Board might have. sen disclosed that he is on the Board of Directors of the arina Country Club and that he has also served on an committee investigating redevelopment options for the �. However, because he does not have a financial interest roject, he stated he would participate in the debate and Ms. Hall summarized the applicant's request as being a modification of an existing PUD, and explained that identical documents have been concurrently filed with the City of Jacksonville seeking the following changes: (1) Exclusion of the Selva Preserve parcel (RE# 172027 -0100, located within the City of Atlantic Beach) from the overall project; (2) Inclusion of the existing Selva Marina Country Club golf course parcel (RE# 169399- Page 5 of 17 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board AGENDA ITEM # 7F JUNE 10, 2013 0000, located within the City of Jacksonville) in the overall project; and (3) reconfiguration of the conceptual site plan, relocating all residential development to the center of the golf course parcel. She stated that the current application is the pre- cursor to an annexation initiative which would bring the golf course property and the proposed residential development entirely into the Atlantic Beach jurisdiction. As such compatibility with established development patterns and,..; preservation of the natural environment are significant:-" factors to the residents of Atlantic Beach, and there applicant has indicated that there will be a deed restriction recorded that "� wouldi.,,, designate the remaining undeveloped golf course property as'�perpetual green space upon the annexation of,, at property into Atlantic, Beach. She then explained that the pr with and,,supported a number`. the adopted Comprehensive <<F Element, the °Recreation an"( IntergoverR'mental'Coor,dinatio Cou Atla of` goals, objectiv an, including the n was consistent $',,:and policies of Future Land Use ,.Open Space Element, and the i Element. all projected a tabk'eintitled "Site'Summary Comparison" and v e d the acreage allocation in the approved S e I v a Marina :rV Club (SIVLCC) Residential PUD as well as the proposed Beach Country Club (ABCC) SPA /PUD. She noted the SWC,Residential PUD consisted of a total of about forty- ) acres arid one hundred fourteen (114) dwelling units, proposedABCC SPA /PUD consists of about one hundred a: {169) acres and a maximum of one hundred eighty (180) uriitss Thus the effective density of the project will be from two and three - tenths (2.3) dwelling units per acre to one -tenth (1.1) dwelling units per acre. I then projected a table entitled "Development Standards ison" and reviewed the approved and proposed housing mix, as well as minimum lot standards, yard requirements, maximum height and impervious surface standards. She noted the approved SMCC Residential PUD consists of a mix of single and multi - family units in a compact Neo- Traditional arrangement, whereas the proposed modification consists only of single - family dwellings in an arrangement more characteristic of a suburban subdivision. She stated the lot development standards are generally consistent with the those required by Atlantic Beach single - family zoning districts, with the main differences being a Page 6 of 17 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board AGENDA ITEM # 7F JUNE 10, 20I3 slight reduction in front yard setbacks, from twenty (20) feet to fifteen (15) feet and rear yard setbacks, from twenty (20) feet to ten (10) feet, as well as a maximum impervious surface area of sixty -five (65) percent as opposed to Atlantic Beach's current fifty (50) percent. However, she explained these were acceptable deviations from Atlantic Beach standards due to the fact that the entire residential development would be surrounded by over one hundred seventeen (117) acres " p f golf course that would most likely be preserved with a :deed restriction or conservation easement. Ms. Hall then explained 'sfaff had collectively identified a number of areas of concern described in her, original staff report to the Board. She said the "applicant had met with staff and offered a number of concessions based upon those discussions, in the form of a revised narrative :(Exhibit,D),<: ubmitted to staff early this day and provided to the" Board tonight in the farm of a strike - through /underline draft. She then addressed each of these concerns and howAhe applicantwas addressing each. SECTION Ill-AAA USE :;OF COURTYARD LOTS FOR DAILYOVERNI,GHT RENTALS: Within the City of Atlantic Beach, short' term` rentals —being anything less than ninety `(9D) days — are expressly prohibited in residential zoning districts. Staff had recommended establishing a maximum number of such Courtyard Lots that could be used l­ short term rentals, as well as the maximum number of guests to be allowed per unit and the minimum stay. The applicant added language stating t "i (1) the maximum number of Courtyard Lots to be used for daily /overnight rental would be four (4) units located within the same courtyard lot configuration; (2) all such units shall be owned by the same entity, which shall be the owner /operator of a hospitality business, such as hotel(s) or resort(s), and shall be managed by an entity with offices in Duval County; and (3) all such units shall be subject to restrictive covenants, including a provision such that if ownership passes from a hospitality business to an individual, daily /overnight rentals shall no longer be a permitted use. • SECTION III.A.11: "SPIRES, CUPOLAS, STEEPLES, CHIMNEYS AND OTHER APPURTENANCES NOT INTENDED FOR HUMAN OCCUPANCY MAY BE PLACED Page 7 of 17 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board • AGENDA ITEM # 7F JUNE 10, 2013 ABOVE THE MAXIMUM HEIGHTS ". Within the City of Atlantic Beach, height is defined as the vertical distance from the applicable beginning point of measurement to the highest point of a building's roof structure or parapet, and any attachments thereto, exclusive of chimneys only within the residential zoning districts. Ms. Hall reminded the Board that this provision is included in the City,,,' Charter and is non - waiverable within residential zoning districts, though there is a provision for waweri,Io height, for inclusion of non - habitable architectu ral afeatures on structures within non - residential zoning dis ricts, and the applicant could seek such.a waiver for structures on the non - residential clubhouse parcel. As such, the<<.applicant revised this section 'to. conform to provisions ',ofArticle XIV, Section 59 of the Charter of `.t4e City of Atlantic Beach and the definition of "height'" as provided m 'Chapter 24 (Land Development Regulations). SECTION 111 B IMPACT OF CLUBHOUSE /RECREATIONAL AMENITIES ACTIVITIES ON;'ADJACENT PROPERTIES. Ms. Hall'::' aid that while staff recognizes the applicant has shown,conside ration' for adjacent residential properties with th"e ;a inclusion of vegetative buffers, directional lighting and;,,lighting timers, there is still concern as to the .:impact 'ctivities held in conjunction with the clubhouse,. and recreational amenities will potentially have on the surrounding neighborhoods. As such, staff suggested that perhaps hours be established both for normal (daily) operations and for special activities involving additional lighting and public address systems and /or amplified music. The applicant replied that the property already functions as a golf and country club, and there is no anticipated change in the hours of operation. As noted, vegetative buffers, directional lighting and lighting timers will be regularly utilized to temper impact upon adjacent residential properties. Further there will be immediate compliance with any code enforcement directives regarding complaints received. • SECTION III -D.1.a — DETACHED ACCESSORY STRUCTURES — SPECIFICALLY THOSE WITHOUT A BONUS ROOM ABOVE — MAY BE LOCATED IN A REAR OR SIDE YARD Page 8 of 17 AGENDA ITEM # 7F Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board JUNE 10, 2013 THREE (3) FEET FROM A LOT LINE. Ms. Hall noted that although most lots within the proposed development back up to the golf course, there are a number of lots which abut other lots. Within the City of Atlantic Beach, all detached accessory structures thirty (30) inches or greater in height are required to comply with a minimum five (5) foot rear and side yard setback. Staff recommended compliance with this provision. The applicant revised this section to comply with Atlantic Beach standards. • SECTION 111 70::= LAND_CLEARING IS PROPOSED AS AN ACCESSQRY USE. Ms Hallureported that staff had had an extensive discussion with the applicant regarding tree removal and land clearing related to redevelopment of the property versus that which would be considered; normal maintenance essential to the operation of the""'' golf course and recreational amenities. This provision remains as originally written, such that, for maintenance purposes of the facilities, land clearing remains an accessory use;;; subject to applicable fire codes.and other land: °development regulations. SECTION` O -E.4 — PEDESTRIAN AND VEHICULAR TRAFFIC ACCESS AT;', DUTTON ISLAND ROAD EAST "MAY" BE SECURED INSIDE THE PROPERTY TO LIMIT ACCESS TO RESIDEN.TSe OF THE DEVELOPMENT AND COMMERCIAL TRAFFIC `'TO /FROM THE GOLF COURSE, CLUBHOUSE AND RECREATIONAL AMENITIES. Ms. Hall noted that the''securing of Dutton Island Road East access had been a major issue in previous proposals and the approved Selva Marina Country Club Residential PUD expressly states that "permanent access and internal roadways shall be designed, developed and maintained such that the development cannot be used as a 'cut- through' route from Selva Marina Drive to Mayport Road ". She said she had spoken with the applicant who concurred this provision was supposed to read "shall ", and it was revised accordingly. • SECTION III -F.7 — AN UNLIMITED NUMBER OF BANNER SIGNS NOT TO EXCEED FIFTY (50) SQUARE FEET IN AREA TO PROMOTE SEASONAL, CIVIC, OR COMMUNITY EVENTS THAT OCCUR ON A TEMPORARY BASIS, AS WELL Page 9 of 17 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board • AGENDA ITEM # 7F JUNE 10, 2013 AS FESTIVAL BANNERS PLACED ON STREET LIGHT POLES, ARE PERMITTED. Within the City of Atlantic Beach, banners must be registered with the City. Each establishment or organization is limited to thirty (30) consecutive or cumulative days per calendar year, and the banner may neither contain an advertising message nor hang over or extend into rights -of -way. Staff recommended the prohibition of banners on public property, including the.placement of festival banners on street light poles located within the public right -of -way, as well as a Imitation on the number of events and /or cumulative, days that even, banners may be displayed, and a requirement that b'a,nners shall only be visible internallyto the development :,The applicant agreed that banners would be permitt to Section 17 -33 and revised thi"" ection accordingly. SCION III -H = P,ROPERTIES WITHIN THE JURISDICTION OF TNE,a CITY 05. ;JACKSONVILLE (GOLF COURSE, RESIDENCES). SHALL BE�SUBJECT TO COJ LANDSCAPING AND,;, TREE ; :PROTECTIONa REGULATIONS, WHILE PROPERTIES LOCATED. WITHIN THE JURISDICTION OF THE CITY OF ATLANTIC BEACH (CLUBHOUSE, RECREATIONAL AMENITIES) SHALL BE SUBJECT TO COAB LANDSCAPING AND TREE PROTECTION REGULATIONS. IMs 'Hall sa`i &=staff had several concerns related to this provision First, there was the concern that the land within Jacksonville would be cleared according to COJ I and there would be a monetary payment to COJ rather than replanting of trees to meet mitigation requirements. Second, there was concern that due to COJ's less stringent minimum tree standards — being one (1) tree per five thousand (5,000) square feet of lot area — as opposed to Atlantic Beach standards — being one (1) tree per two thousand five hundred (2,500) square feet of lot area — the new development would have a residential tree canopy significantly different from adjacent neighborhoods. According to the applicant, the main reason to apply the COJ standards for tree removal from the golf course and residential area was to reduce the burden of mitigation that would be associated with the many pine trees located on the property. However, the applicant expressed a commitment to meeting the Atlantic Beach minimum Page 10 of 17 Draft Minutes of the Apri116, 2013 regular meeting of the Community Development Board n AGENDA ITEM # 7F JUNE 10, 2013 tree standards for residential properties. Ms. Hall reported that after a lengthy discussion, a compromise was reached in which it was confirmed that all tree removal, land clearing and landscaping would be reviewed and permitted through the City of Atlantic Beach, though the staff would apply the COJ standards for tree removal on the golf course /residential parcel. The language of this clarified to reflect this. EXHIBIT H — TRAFFIC %'STUDY FOR PLANNED ATLANTIC BEACH COUNTRY CLUB;;;.,Ms. Hall said the original traffic study prepared by Transportation Planners Enterprise, Inc, dated Miech 19, 2013; AGENDA ITEM # 7F JUNE 10, 2013 Draft Alinutes of the April 16, 2013 regular n¢eeting of the Con:tnunity Development Board Comment authorized agent for the applicant, which he said was a team of local builders and developers with a great track record. He thanked staff for the detailed and thorough review of the project, and said he now wished to provide the Board with a broad view of the goals the applicant wished to accomplish, namely (1) to maintain the viability of the club; (2) to maintain the value of the land; and (3) to maintain the natural environment, particularly the viewsheds, important to this community. Mr. Hainline noted that the oroposed development represents a dramatic change from the,app "roved PUD, in which all the density was loaded into less thanaquarter :`of,,the land of the new project, but it is the applicant's` desire to create a development that is consistent with the "existing character of Atlantic Beach. He emphasized that the,,proposal consists of`th" e distinctive uses — single family residences, the golf:acourse, and the clubhouse and recreational amenities He reiterated the applicant's commitment to adequate, buffers, secured access and a residential tree canopy consistent with adjacent neighborhoods, and he emphasized the updated traffic stud "s findingthat,, levels of service on impacted roads would""" emain acceptable. Mr." that line then °:;addressed a 'cit zen concern regarding drainage heard at a community meeting held the previous Tuesday 2013). He ex 'plained that drainage will be reviewed by at 4,agencies tine City of Atlantic Beach, the St Johns River Management District, and the Florida Department of rental Protection — and that the development would rlth,,all pre - /post - development requirements. Stormwater will 'be added to accommodate all runoff associated with al development and the as part of the golf course the property will be graded and treatment basins will be ited. He emphasized that stormwater runoff cannot be the creek or adversely impact the storage capacity of the green. Mr. Hainline then discussed annexation, stating that it is the applicant's intent to seek annexation of the golf course and residential properties into the City of Atlantic Beach. He said that submittal of this concurrent rezone request to both jurisdictions is the first step. The submittal of an interlocal agreement to each jurisdiction will be an intermediate step. Mr. Hainline concluded, emphasizing the applicant's commitment Page 12 of 17 AGENDA ITEM # 7F JUNE 10, 2013 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board to continue working with staff and residents to meet the overarching goals of the project (1) to maintain viability of the club; (2) to maintain the value of the land; and, (3) to maintain the natural environment, particularly the viewsheds, important to this community. Public James Wheeler (1404 Linkside Drive) stated he was concerned that Comment there would be increased traffic ,utilizing 11th Street and Donner Road as a cut - through between, Seminole Road and Mayport Road. Cindy Cain (1945 Francis Averi;Ue) questioned how Dutton Island Road East, which is now essentially one lane width, would be able to accommodate traffic'`:from the development. Ms. Paul invited Mr. Hainline to respond, and he verif e"&that Dutton Island Road East will be improved to City of Atlantic Beach standards, with a minimum pavement width of twenty (20) feet and,secured access. Janet Allen J,,1007 Big P increased cut through ti applicant desired short Hainline said ,'that the provide an option resort /h os p ita I ity 'p r&k overnight stay concept said tl at One Ocean ba u t ne Key) also expressed concern regarding affic ori.11th Street, and she asked why the term steys,within the development. Mr. iinclusion of the short term units was to to ...;collaborate with an established er. Mr. Elmore elaborated, stating that the is part ofthe rebranding of the club. He 1 expressed a desire to market golf junkets, e opportunity to benefit both the club and fnk,,(1580 Selva Marina Drive) asked what else could be E!d on,: =the property according to this Special Planned Area and if it is only single - family, why not change the zoning - lassification of the property to one of the conventional mily zoning districts. Mr. Hainline responded that the of the project currently within the City of Atlantic Beach is redeveloped with a new clubhouse and recreational amenities, that there will be no residential units on this property (other than the one existing house on the parcel to the north of the clubhouse parcel). He continued, explaining that in a Special Planned Area, as in a Planned Unit Development, the narrative and the site plan are binding. What is constructed must conform to what is shown on the site plan and what is described in the narrative. Father Mark Water (1243 Linkside Drive) inquired about the proposed Dutton Island Road East access and expressed concern Page 13 of 17 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board Board Discussion AGENDA ITEM # 7F JUNE 10, 2013 regarding increased cut - through traffic on 11th Street and Parkside Drive, noting that most people try to avoid Five Way. Mr. Hainline responded that the Dutton Island Road East access will be privately owned and maintained, and that it will be a secured ingress /egress for residents and commercial (vendor) traffic only. He added that if staff felt the traffic study needed to be revised to include impacts to 11th Street, the applicant would certainly comply. Monica Hayes (Sevilla) concurr block or more at the Five Way most especially during :,tho controls are activated.. She`'th given as to the number of generate, thus increasing the during the morning rush hour. demographic and` destinatic transportation models, 'R provided in: traffic stu Mr. Stratto'Was golf course :iw responded thaj wouldnot be ai the golf course Atlantie' Beach. of Ja ad that traffic generally backs up a intersection during rush hour, and ii`orning when the school traffic ?n asked if consideration had been children .this development would traffic with a school destination Ms. Hall told�the Board that certain assumptions ,are built into us the estimated ,number of trips into account these concerns. it the impact. on the project would be if the notara.nexed intoy.,Atlantic Beach. Ms. Hall le annexat,on wasp °'separate action and there "hange in how #lie land was developed, whether id „residential parcels were located in or out of le reminded the Board that identical documents arrat,v' and site plan — were submitted to both Ville and Atlantic Beach. gesssummarized the differences in what is now approved wha"t°_is >proposed, stating that the most striking differences the change the boundaries and acreage, which is now four reater the adopted plan, but which also reduces the overall of the project; (2) the relocation of the residential )ment to the center of the golf course to create a more tional residential golf community; and (3) the elimination of multi - family housing. Motion Mr. Stratton moved that the Community Development Board recommend approval of the Atlantic Beach Country Club SPA (Application REZ -13- 00100048) to the City Commission, being a change in zoning district classification from Planned Unit Development (PUD) to Special Planned Area (SPA) for lands described within said application, approving the site development plan and adopting the application and supporting documents, and Page 14 of 17 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board AGENDA ITEM # 7F JUNE 10, 2013 all terms and conditions as set forth therein, subject to conditions enumerated, and provided the following findings of fact: (1) The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law; (2) The rezoning to Special Planned Area is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Low Density; (3) The rezoning is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Special Planned Are.", (4) The rezoning and the site development plan are consistent with the stated definition, intent and purpose of Special Planned: Areas; and, (5) The zoning district classification of Spec i'a Planned Areas and the specific uses and special conditions; as %'set forth h'e'rein, are consistent and compatible with sUeraunding development ,,Mr. Burgess seconded the motion and `it.�rpassed unanimously, '4-0 with Mr. Elmore abstaining due to his previously:stated conflict of.interest. C. REZ -13- 00100049, 0 1V4 S_*O' t,a(Selva Preserve, LLQ Request to rezone approximately 7 05 acres fro n Planned Unit Development (PUD) to Residential Single Family (RS 1)�i�i The subject property is currently part of the Selva Marina Residential PUD''+6s,the result,of a fomt UentureAgreement. This action seeks to remove the subject property from the PUD approved by Ordinance No. 90- 09 -209 and.. revert to ,the ]?S 1 zoning 'lesigriation as previously approved by Ordinance 1Vo. 90 -08 -201 all :reported that,,Fthis request is incidental to the previous tion aff& . sho Old be viewed as merely an issue of seeping. Shy explained this parcel came to be part of the iecl;,Selva Marina Residential PUD in 2009 as the result of a tenture, Agreement. However, that venture was not realized e owners of this parcel are not partners in the Atlantic Beach ry Club SPA request. Because this parcel is less than ten (10) in area, and thus does not meet the minimum area aments of a PUD, it must be rezoned. Because the owners of ircel do not currently have plans to develop this parcel, they have asked that the zoning simply revert to the previous classification, Residential Single - Family (RS -1). Applicant T R Hainline, Rogers Towers, P A, stated he was the authorized Comment agent for the applicant in this request also. He concurred with staff's assessment that this request was a matter of housekeeping, stating this property alone does not meet the minimum area requirements to be considered as a Planned Unit Development, and thus must be rezoned. He added the RS -1 zoning is consistent and compatible with surrounding lands, and any future Page 15 of 17 AGENDA ITEM # 7F JUNE 10, 2013 Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board development of the property would have to comply with all provisions of the adopted Comprehensive Plan and Land Development Regulations for the City of Atlantic Beach. Public Father Mark Waters (1243 Linkside Drive) expressed concern about Comment the impact of future development of the parcel on 11th Street and other infrastructure including the water /sewer capacity and sidewalks. Janet Allen (1007 Big Pine future development on th density. pressed concern regarding any t property, and questioned the Board Ms. Hall was askgd,to :4respond to the 'density question. She stated Discussion that the Future Land Use Designation is Residential, Low Density, which allows a maximum of six (,6) dwelling units,per acre, or up to forty -two (42) dwellings,; without'any considerati6p,,being given to environmental factors, infrastructure requirements or other subdivisign and land develops the Board that a preliminary a Was previously zoned RS -1 & single - family lots could be environmental condition`s. r. : regulations. However, she told sment conducted when the land ated that no more than eleven blished on the parcel due to atton asket h`ow this compared with what was currently 'd foe :..the parcel. Ms. Hall reviewed the approved Selva Country Club Residential PUD site plan and replied that the parcel is shcbWn to have a total of twelve (12) complete lots ,(6);, partial lots. However, she noted the minimum lot ds for ithe RS -1 zoning district are greater, and therefore !strictive, than those for the approved PUD. rgess moved that the Community Development Board lend approval of Application REZ -13- 00100049 to the City ssion, being a change in the zoning district classification from Planned Unit Development (PUD) to Residential, Single - Family (RS -1) for lands described within said application, including all supporting documents and information contained therein, and all terms and conditions as set forth therein, subject to conditions enumerated, and provided the following findings of fact: (1) The request for rezoning has been fully considered after public hearing with legal notice duly published as required by law; (2) The rezoning to Residential, Single - Family (RS -1) is consistent with the Comprehensive Plan and the Future Land Use Designation of Residential, Low Density; (3) Development pursuant to this Page 16 of 17 AGENDA ITEM # 7F Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board JUNE 10, 20I3 rezoning to Residential, Single - Family (RS -1) shall be consistent with the Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach prior to issuance of local permits authorizing construction or site alteration; (4) The zoning district classification of Residential, Single - Family (RS -1) is consistent and compatible with surrounding development, in that surrounding uses are existing single - family or future single - family residential uses. Mr. Stratton seconded :., the motion and it carried unanimously, with Mr. Elmore , abstaining due to his previously stated conflict of interest. 5. REPORTS. None. 6. ADJOURNMENT - 7:50 PM Brea Paul, Chair Attest Page 17 of 17 AGENDA ITEM # 7F JUNE 10, 2013 ORDINANCE NUMBER 90 -13 -217 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF DUVAL, STATE OF FLORIDA, CHANGING THE ZONING DISTRICT CLASSIFICATION OF LANDS DESCRIBED WITHIN ATTACHED EXHIBIT A FROM PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL, SINGLE - FAMILY (RS -1), PROVIDING FINDINGS OF FACT, REQUIRING RECORDATION AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that the change in zoning classification 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 implement the goals and objectives of the Comprehensive Plan, and WHEREAS, a previous change in the zoning district classification of the lands subject to this change from Residential, Single - Family (RS -1) to Planned Unit Development (PUD) was initiated by the applicant as the result of a Joint Venture Agreement and merger incorporating said lands into the Selva Residential Planned Unit Development and enacted by Ordinance Number 90 -09 -209 on September 14, 2009, and WHEREAS, the lands subject to this change in zoning classification were not developed according to the Selva Residential Planned Unit Development and said Joint Venture Agreement has since dissolved, and WHEREAS, the lands subject to this change in zoning district classification are not of sufficient size to meet the minimum size requirements for a Planned Unit Development, and WHEREAS, after required notice, public hearings were held on the 16th day of April 2013 at 6:00 p.m. by the Community Development Board, and on the 10th day of June 2013 at 6:30 p.m. and on the 8th day of July 2013 at 6:00 p.m. by the City Commission to hear and enact said Ordinance. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Ordinance No. 90 -13- 217 /Page 1 of 3 AGENDA ITEM # 7F JUNE 10, 2013 SECTION 1. The above Recitals are hereby incorporated as Findings of Fact in support of this Ordinance, and the City Commission further finds as follows: a. This change in zoning district classification has been fully considered after public hearings with legal notice duly published as required by law and has met the procedural requirements as set forth in Section 24 -62 of the Land Development Regulations. b. The proposed rezoning to Residential, Single - Family (RS -1) is consistent with the Future Land Use Map designation of Residential, Low Density of the City's adopted Comprehensive Plan. c. All development pursuant to this rezoning to Residential, Single - Family (RS -1) and any future subdivision to create new lots shall be consistent with the Zoning, Subdivision and Land Development Regulations for the City of Atlantic Beach prior to issuance of local permits authorizing construction or site alteration. d. The zoning district classification of Residential, Single - Family (RS -1) is consistent and compatible with surrounding development in that the surrounding uses are existing single - family or future single - family residential uses, and recreational uses. SECTION 2. Pursuant to this change in zoning district classification procedure, the zoning district classification of those lands as described in the Legal Description, attached hereto as EXHIBIT A are upon enactment of this Ordinance reclassified from Planned Unit Development (PUD) to Residential, Single - Family (RS -1). SECTION 3. To the extent that they do not conflict with the unique, specific and detailed provisions of this Ordinance, all provisions of the Code of Ordinances for the City of Atlantic Beach as such may be amended from time to time shall be applicable to development and use of lands referenced herein except to the degree that development may qualify for vested rights in accordance with applicable ordinances and laws. Furthermore, notwithstanding any provisions of this ordinance, no portion of any ordinance, building code, Comprehensive Plan or any other regulation shall be deemed waived or varied by any provision herein. SECTION 4. 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 5. This Ordinance shall become effective on the date passed and enacted by final reading. 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 and Zoning Department by the Building and Zoning Director or designated administrative official. Ordinance No. 90 -13 -2171 Page 2 of 3 AGENDA ITEM # 7F JUNE 10, 2013 Passed on first reading and public hearing by the City Commission of the City of Atlantic Beach this 10`h day of June, 2013. Passed on final reading and public hearing this 8`h day of July, 2013. Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Attest: Donna L. Bartle, CMC City Clerk Mike Borno Mayor /Presiding Officer Effective Date: Ordinance No. 90 -13 -217/ Page 3 of 3 AGENDA ITEM # 7F JUNE 10, 2013 ORDINANCE 90 -13 -217 EXHIBT "A" LEGAL DESCRIPTION A PORTION OF SECTIONS 16 AND 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 8373, PAGE 820, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY LINE OF SEMINOLE ROAD (A 100 FOOT RIGHT OF WAY AS NOW ESTABLISHED) WITH THE NORTHERLY RIGHT OF WAY LINE OF 11TH STREET (A VARIABLE WIDTH RIGHT OF WAY); THENCE SOUTH 83 °42'00" WEST, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID 11TH STREET, A DISTANCE OF 300.00 FEET TO THE SOUTHWESTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 528, PAGE 283, OF THE CURRENT RECORDS OF SAID DUVAL COUNTY, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 83 142'00" WEST, ALONG LAST SAID RIGHT OF WAY LINE, A DISTANCE OF 175.00 FEET TO THE POINT OF A CURVE, SAID POINT BEING AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF SAID 11TH STREET WITH THE EASTERLY RIGHT OF WAY LINE OF LINKSIDE DRIVE (A VARIABLE WIDTH RIGHT OF WAY) AS SHOWN ON THE PLAT OF SELVA LINKSIDE UNIT NO. 1, AS RECORDED IN PLAT BOOK 44, PAGES 23 AND 23A OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE ALONG A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET, AND AN ARC LENGTH OF 39.27 FEET, HAVING A CHORD BEARING AND DISTANCE OF NORTH 51 018'00" WEST, 35.36 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 06 018'00" WEST, A DISTANCE OF 35.00 FEET TO THE POINT OF CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 120.00 FEET; THENCE ALONG LAST SAID CURVE, AN ARC LENGTH OF 67.02 FEET, HAVING A CHORD BEARING AND DISTANCE OF NORTH 22 018'00" WEST, 66.15 FEET TO THE POINT OF REVERSE CURVE, SAID CURVE BEING CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 116.85 FEET; THENCE ALONG SAID CURVE, AN ARC LENGTH OF 28.48 FEET, A CHORD BEARING AND DISTANCE OF NORTH 31 018'00" WEST, 28.48 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE NORTH 24 018'00" WEST, A DISTANCE OF 160.24 FEET TO THE POINT OF CURVE, BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE, AN ARC LENGTH OF 80.52 FEET, A CHORD BEARING AND DISTANCE OF NORTH 35 050'00" WEST, 79.98 FEET TO THE POINT OF TANGENCY OF SAID CURVE, SAID POINT BEING THE SOUTHERLY CORNER OF TRACT "A ", AS SHOWN ON SAID PLAT OF SELVA LINKSIDE UNIT NO. 1; THENCE NORTH 27 041'32" EAST, ALONG THE EASTERLY LINE ORDINANCE NO. 90 -13 -217 — EXHIBIT A Page 1 of 2 AGENDA ITEM # 7F JUNE 10, 2013 OF SAID TRACT "A ", A DISTANCE OF 140.04 FEET; THENCE NORTH 74 018'00" WEST, ALONG THE NORTHERLY LINE OF SAID TRACT "A ", A DISTANCE OF 140.00 FEET; THENCE SOUTH 83 042'00" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE EASTERLY LINE OF LOT 80 OF SAID SELVA LINKSIDE UNIT NO. 1; THENCE NORTH 06 018'00" WEST, ALONG THE EASTERLY LINE OF SAID LOT 80, A DISTANCE OF 100.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 80, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 652, PAGE 484, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE NORTH 11 056'50" WEST, ALONG THE EASTERLY LINE OF SAID OFFICIAL RECORDS BOOK 652, PAGE 484, A DISTANCE OF 319.44 FEET TO THE SOUTHWESTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 7910, PAGE 958, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE NORTH 78 003'10" EAST, ALONG THE SOUTHERLY LINE OF SAID OFFICIAL RECORDS VOLUME 7910, PAGE 958, A DISTANCE OF 386.43 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SELVA MARINA UNIT NO. 4, AS RECORDED IN PLAT BOOK 30, PAGE 28, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE SOUTH 16 017'08" EAST, ALONG LAST SAID LINE, A DISTANCE OF 179.56 FEET TO THE MOST NORTHERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 77, PAGES 196, 197 AND 198, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE SOUTH 11 056'50 ", ALONG THE WESTERLY LINE OF LAST SAID LANDS, A DISTANCE OF263.52 FEET TO THE POINT OF A CURVE TO THE RIGHT, SAID CURVE BEING CONCAVE WESTERLY, HAVING A RADIUS OF 4235.83 FEET; THENCE ALONG SAID CURVE, AN ARC LENGTH OF 407.45 FEET, HAVING A CHORD BEARING AND DISTANCE OF SOUTH 09 011'25" EAST, 407.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID OFFICIAL RECORDS BOOK 77, PAGES 196, 197 AND 198; THENCE NORTH 83 042'00" EAST, ALONG THE SOUTHERLY LINE OF LAST SAID LANDS, A DISTANCE OF 25.00 FEET TO A POINT ON THE WESTERLY LINE OF SELVA MARINA UNIT NO. 3, AS RECORDED IN PLAT BOOK 29, PAGE 27 OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE SOUTH 06 °18'00" EAST, ALONG THE WESTERLY LINE OF SAID SELVA MARINA UNIT NO. 3, A DISTANCE OF 110.00 FEET TO A POINT ON THE NORTHERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 528, PAGE 283; THENCE SOUTH 83 042'00" WEST, ALONG THE NORTHERLY LINE OF LAST SAID LANDS, A DISTANCE OF 25.00 FEET; THENCE SOUTH 06 018'00" EAST, ALONG THE WESTERLY LINE OF SAID OFFICIAL RECORDS BOOK 528, PAGE 283, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 7.21 ACRES, MORE OR LESS. BEING THE SAME LANDS AS DESCRIBED IN OFFICIAL RECORDS VOLUME 8373, PAGE 820 OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, FLORIDA, LESS AND EXCEPT THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 7910, PAGE 958 OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA. ORDINANCE NO. 90-13-217 — EXHIBIT A Page 2 of 2 Date AGENDA ITEM # 7F JUNE 10, 2013 � 0 �i d i Nil 4 *� a APPLICATION FOR ZONING MAP AMENDMENT (NON -PUD I NON -SPA) City of Atlantic Beach • 800 Seminole Road • Atlantic Beach, Florida 32233 -5445 Phone: (904) 247 -5800 • Fax (904) 247 -5845 • http: / /www.coab.us File No. Wj�j 13 60 %6Lty-+E'`1 , Receipt {',C—Z 4114 =x-g { 1. Applicant's Name Selva Preserve, LLC 2. Applicant's Address 248 Levy Road, Atlantic Beach, FL 32233 3. Property Location 11th Street, Atlantic Beach, FL 4. Property Appraiser's Real Estate Number RE# 172027 0100 5. Current Zoning Classification PUD 6. Comprehensive Plan Future Land Use designation RL 7. Requested Action Rezone to RS -1; see Exhibit A for explanation. 9. Size of Parcel Approx. 7.21 acres 10. Utility Provider JEA S. Statement of facts and special reasons for requested rezoning, which demonstrates compliance with Section 24 -62 of the City of Atlantic Beach Code of Ordinances, Zoning and Subdivision and Land Development Regulations. (Attach as Exhibit A.) 11. Provide all of the following information: 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 appear on the list. b. Proof of ownership (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 all purpose's related to this application must be provided. c. Survey and legal description of property sought to be rezoned. Identify any wetlands, water bodies or other environmental features. (Attach as Exhibit B.) d. Required number of copies (5) e. Application Fee ($500.00) 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): T.R. Signature(s): ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS APPLICATION Name: T.R. Hairline, Jr. Mailing Address: 1301 Riverplace Blvd., Suite 1500, Jacksonville,_ FL 32207 Phone: (904) 346 -5531 FAX: (904) 396 -0663 E -mail. THainline@RTLaw.com AGENDA ITEM # 7F JUNE 10, 2013 Exhibit A Selva Preserve was originally rezoned to residential, single family (RS-1) to permit the future development of a maximum of 16 single family residential lots with associated roadway, drainage, buffers and conservation areas by COAB ordinance 90 -08 -205, approved at final reading on May 27, 2008. In 2009, Selva Preserve and SMCC entered into a Joint Venture Agreement to develop the Cove project and Selva Preserve was added to the SMCC PUD (original PUD approved by ordinance number 90 -07 -202) by ordinance 90 -09 -209 on September 14, 2009. Ordinance 90 -08 -205 was repealed by that action. SMCC now desires to rezone the PUD as approved by ordinance 90 -09 -209 to a SPA by Its application dated March 25, 2013. The application of SMCC does not include the 7.05 acres owned by Selva Preserve, LLC. Because Selva Preserve does not qualify as a PUD on its own due to the size of the parcel, Selva Preserve hereby requests that zoning designation revert to the RS -1 designation. There are no current plans to develop the property. AGENDA ITEM # 7F EXHIBIT "B" JUNE 10, 2013 A PORTION' OF SECTIONS 16 AND 17, TOWNSHIP 2 SOUTH, RANGE 29 EAST, DUVAL COUNTY, FLORIDA, BEING A PORTION OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 8373, PAGE.820, OF THE CURRENT PUBLIC RECORDS OF-SAID DUVAL COUNTY, FLORIDA, AND BEING. MORE PARTICULARLY DESCRIBED. AS FOLLOWS; FOR A POINT OF R €FERENCE,.>COMMENCE. AT THE INTERSECTION OF THE WESTERLY RIGHT OF WAY. LINE OF SEMINOLE ROAD (A 100 FOOT RIGHT OF WAY AS NOW ESTABLISHED)_ WITH:' THE NORTHERLY RIGHT OF WAY• :LINE;OF 11TH STREET (A VARIA8L8. WIDTH RIGHT OF WAY); .T `IENCE StlUtH 8342'00" WEST, ALONG THE NORTHERLY-AIGHT:OF. WAY' LINE" OF SAID 11-TH STREET, A DISTANCE OF 300.00 FEET TO THE SOUTHWESTERLY CORNER OF- THOSE LANDS DESCRIBED IN. OFFICIAL :RECORDS BOOK 526; PAGE 283,. OF. THE CURRENT:PUBLIG RECORDS OF SAID DUVAL COUNTY, SAID POINT BEING THE POINt&.- BEGINNING; THENCE CONTINUE SOUTH, 83'42`00' WEST, , ALONG' LAST SAID RIGHT. OF WAY LINE, A DISTANCE OF 175.00 FEET .TO THE POINT OF CURVE, SAID MINT BEING Af- THE INTERSECTION OF THE•NORTHERLY RIGHT OF WAY LINE.OF. SAID 11TH STREET WITH THE. EASTERLY RIGHT OF WAY LINE OF LINKSIDE DRIVE (A .. VARIABLE, WIDTH RIGHT OF WAY) AS SHOWN ON THE PLAT- OF' SELVA; LINKSIDE UNIT NO. 1, AS RECORDED-IN PLAT BOOK 44, PAGES 23 AND 23A, OF; THE. CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY, THENCE ALONG A' -CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25,00 FEET, AN ARC LENGTH OF 39.27' FEET, HAVING A CHORD BEARING AND DISTANCE OF NORTH :51'18 06 WEST,. 35.36 FEET TO THE POINT, Or TANGENCY OF SAID CURVE; THENCE-NORTH 06'18'00" WEST, A• DISTANCE OF 35.00 FEET 'TO THE POINT OF CURVE- BEING CONCAVE SOUTHWESTERLY, HAVING A- RADIUS- OF' 120,00 FEET; THENCE =ALONG LAST. SAID CURVE; AN- ARC LENGTH OF- 67.07- FEET;: HAVING A CHORD BEARING AND DISTANCE OF NORTH .22'18'00" WEST,- 66:15 FEET TO THE.POINT OF REVERSE -CURVE, SAID CURVE BEING CONG_AVE- NORTHEASTERLY, HAVING A RADIUS OF 116.85 FEET; THENCE ALONG SAID- CURVE;.,AN ARC LENGTH •OF -28.48 FEET, A CHORD BEARING. AND DISTANCE OF: NOkfl0l'18'b0 "-WESTj•.28.4B_ FEET TO THE POINT OF TANGENCY OF SAID..CURVE; - THENCE...NORTH 2`18'00 WEST, A DISTANCE OF 160.24- FEET TO. THE POINT -OF CURVE BEING CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE ALONG SAID CURVE, AN ARC LENGTH OF 80.52-FEET, A CHORD 13EARING 'AND: DISTANCE. OF NORTH 35'50'00" WEST, 79.98 FEET TO THE POINT OF TANGENCY. OF SAID CURVE, SAID POINT BEING THE SOUTHERLY CORNER OF TRACT "A ", AS •SHOWN ON SAID PLAT OF SELVA LINKSIDE UNIT NO.. 1;', THENCE-- NORTH 27'41'32" EAST, ALONG THE EASTERLY LINE OF -SAID TRACT "A ", A DISTANCE OF 140.04 FEET; THENCE NORTH'.74 *1 WOO" WEST, ALONG THE NORTHERLY LINE QF SAID TRACT "A ", A DISTANCE OF 140.00 FEET;. - TH SO ENCE - UTH. 83'42'00" WEST,- A DISTANCE OF 60.00 FEET TO -A. POINT ON THE EASTERN LINE OF LOT 80, OF SAID SELVA LINKSIDE UNIT NO:, 1; THENCE .NORTH 008'00" WEST, ALONG THE EASTERLY LINE OF SAID' LOT. 80,.: A DISTANCE =0F 1=OO' FEETf-TO .THE NORTHEASTERLY 0ORNER � OF SAID . LOT 80; SAID POINT• ALSO BEING• -THE. SOUTHEASTERLY CORNER_ OF THOSE - LANDS -DESCRIBED IN , OFFICIAL" RECORDS BOOK 652, PAGE - 484; •OF THE ° -CURRENT PUBIJC RECORbS., OF SAID DUVAL'. COUNTY; THENCE' NORTH 11`56'50 WEST, "ALONG THE. EASTERLY LINE, OF SAID OFFICIAL RECORDS BOOK 652, PAGE 484, A DISTANCE OF' 319:44 FEET TO THE, ' SOUTHWESTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS . j VOLUME- 7910, PAGE 958, OF THE CURRENT PUBLIC. RECORDS OF SAID' DUVAL COUNTY; THENCE NORTH 78'03'10" EAST; ALONG* THE SOUTHERLY LINE OF.. SAID OFFICIAL RECORDS VOLUME 7910, PAGE 958, A DISTANCE OF 386.43 FEET .TO . . I A POINT bN THE WESTERLY BOUNDARY LINE OF SELVA. MARINA •UNIT NO."A, AS. i RECORDED IN PLAT BOOK 30, PAGE 26, OF THE CURRENT PUBLIC RECORDS OF SAID DUVAL COUNTY; THENCE .SOUTH "16'17'0$" EAST, ALONG LAST. SAID i -LINE, A DISTANCE OF 179.56 FEET TO THE MOST NORTHERLY - CORNER OF THOSE ! LANDS DESCRIBED IN OFFICIAL RECORDS BOOK-77. PAGES. 196, 197 AND-A98, OF THE CURRENT. PUBLIC RECORDS OF SAID DUVAL COUNTY;, THENCE SOUTH. 11'56'50 EAST, ALONG THE WESTERLY LINE OF LAST. SAID LANDS, A DISTANCE.-OF j 263.52 FEET• Tb THE POINT OF A CURVE. TO THE .RIGHT,.; SAID CURVE BEING; j CONCAVE'WESTERLY, HAVING A'RADIUS OF 4235:83 FEET;'.THENCE ALONG, SAID CURVE, AN ARC-LENGTH-OF 407,45 FEET, HAVING :A' CHORD.BEARING -AND DISTANCE' ! OF SOUTH 09'11'25" EAST; 407.28. FEET TO THE' SOUTHWESTERLY CORNER OF SAID OFFICIAL RECORDS BOOK 77, PAGES 196, 197 AND 198; . THENCE NORTH 83'42'00" EAST; ALONG THE SOUTHERLY 'LINE OF LAST SAID' LANDS, A DISTANCE OF 25.00 FEET TO A- POINT' ON THE WESTERLY LINE OF -SELVA MARINA UNIT NO, 3, AS RECORDED IN PLAT B061(-`29, PAGE 27, OF THE CURRENT PUBLIC RECORDS.OF SAID DUVAL. COUNTY; "THENCE`SOOTH'06'18'00" -EAST, ALONG- . THE WESTERLY LINE OF SAID SELVA. MARINA' UNIT NO: 3,• A DISTANCE OF. 110.06 FEET TO A POINT- ON THE NORTHERLY- LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK .528; PAGE 283-...THENCE' SOUTH 83'42'00" WEST, ALONG THE NORTHERLY LINE OF LAST SAID LANDS, A DISTANCE OF 25.00 FEET; THENCE SOUTH 061 WOO" EAST, *.ALONG THE : WESTERLY LINE OF SAID OFFICIAL RECORDS BOOK 528, PAGE 283, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 7 ;21 ACRES, MORE OR LESS. I BEING THE SAME LANDS AS DESCRIBED IN OFFICIAL- RECORDS VOLUME 8373, PAGE 820, OF THE CURRENT PUBLIC RECORDS OF. SAID DUVAL COUNTY, FLORIDA. LESS AND EXCEPT THOSE. LANDS DESCRIBED IN OFFICIAL RECORDS VOLUME 7910, PAGE 958 OF THE CURRENT PUBLIC RECORDS •OF DUVAL COUNTY, FLORIDA.