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
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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
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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
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Draft Minutes of the April 16, 2013 regular meeting of the Community Development Board
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
April 16, 2013
1. 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.