2-24-14 Special Called Meeting Agenda PacketCITY OF ATLANTIC BEACH
CITY COMMISSION
AGENDA
FEBRUARY 24, 2014
SPECIAL CALLED MEETING AT 6:30PM
Special Called Meeting:
Call to order.
1. Courtesy ofthe Floor to Visitors
2. ORDINANCE NO. 90-14-221, Public Hearing and First Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY,
FLORIDA, REZONING PARCEL IDENTIFICATION NUMBER 177649-0000 FROM
COMMERCIAL LIMITED (CL) AND RESIDENTIAL MULTI-FAMILY (RG-M) TO
A SPECIAL PLANNED AREA (SPA) AS PERMITTED BY SECTIONS 24-116
THROUGH 24-126 OF THE CODE OF ORDINANCES TO ALLOW A MAXIMUM
OF EIGHTY (80) RESIDENTIAL UNITS, PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
AND RECORDING.
If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any
meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record
of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based.
Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk
prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission
Chambers.
Every effort is made to indicate what action the City Commission is expected to take on each agenda item. However, the
City Commission may act upon any agenda subject, regardless of how the matter is stated on the agenda.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities
needing special accommodation to participate in this meeting should contact the City Clerk by 5:00PM, Friday, February 21,
2014.
1
AGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETJNG
STAFF REPORT
Publi c llea rin g for SPA-13-00 100071 5
AGHNDA ITHM II 2
FE11R lJI\RY 24 , 2014
Michae l Griffin, CBO, CFM-Bui ldin g and Zon in g Director li/
Jeremy Hubsch-Redevelopment and Zon in g Coordinator ~ "f'
February 12,2014
STRATEGIC PLAN LINK: Goa l Number 7, Mayport Corridor. Th is goal is to build ,
encou ra ge, and support a vibrant commercia l corridor and strong residential neighborhoods
along Mayport Road and adjoini ng neighborhoods.
BACKGROUND: The applicants are requesting to re7.o ne a 7.2 acre property that is currently
zo ned Commercial Limited (CL) and Residential General Multi-Family (RO-M) to a Special
Planned Area (SPA) for up to 80 residential units. The property is located on the eastern s id e of
the Maypo rt Road flyovcr, ncar Atlantic Boulevard. As proposed, the project wi ll consist of a
variety of multi-family dwelling types that inc l ude duplex, trip lex, and qu adplex units. The
property is in a Residential High Density Future Land Use District , which a ll ows a maximum of
20 units per acre. The proposed project ha s a density of 11.2 units per acre.
The app licants are seekj ng to create a unique development that would not ordinarily be allowed
in a traditional zon ing district. The Comm un ity Development Board staff repmi details the
speci-fics of the deve lopment, wa iver s requested, and sections of the Comprehensive Plan that
relate to the project.
The Community Development Board cons idered this request alon g with comments tl·om staff,
the pub lic and the applicants at the November 19Lh meeting, and the Board recomm end ed
approva l by a vote of 6-0. The board found the request co ns iste nt with the Comp rehens ive P lan
and Fu ture Land Use Map , as we ll as Division 6 or the Land Development Regulations, wh ich
re lates to Special Plann ed Area Districts (SPA)
BUDGET: None .
RECOMMENDATION: Motion to appro ve Ordinance 90-14-221 , known as SPA l3-
00 I 00075, as recommended by the Community Development
Board .
ATTACHMENTS: Draft minutes of the November 19, 20 13 Community Development
Board meeting; copy of Comm unit y Deve lopment Board staff report ; cop y of SPA-13-00 100075
ap plica ti on. Copy of Proposed Ordinance 90 -14-221.
Draft Ali1111les of th e Nov ember/9, 2013 regular mee ting of the Connmmity Developm ent Board
MINUTES OF THE REGULAR MEETING OF THE
COMMUNITY DEVELOPMENT BOARD
November 19,2013
1. CALL TO ORDER.-6:06pm
AGENDA IT EM II 2
FHO RUA RY 24 ,20 14
Chair Brea Pau l verified the prese nce of a quorum with the attendance of, l<elly Elmore,
Harley Parkes, Patrick Stratton and Sylvia Simmons. The m eeting was ca lled to orde r at
6:06pm. Al so present was the Building and Zoning Dire ctor, Michael Griffin,
Red eve lopment and Zoning Coordinator, Jeremy Hubsch and Recording Secretary Jenny
Wa l ker. I< irk Han son arrived at 7:00pm, Ja son Burge ss was absent.
2. ADOPTION OF MEETING MINUTES -October 15, 2013.
Brea Paul called for a motion to approve the minutes of the October 15, 2013 regu l ar
meeting. l<e ll y Elmore moved that minutes be approved as written. Patrick Stratton
seco nded th e motion and it ca rried by a vote of 7-0.
3. OLD BUSINESS. None.
4. REPORTS.
A. Boats a nd Tra ilers. Brea Pa ul asked fo r a vote by s how of hands to tal<c the Agenda
out of order and di scuss Boats a nd Tra ilers ahead of New Busi ness based o n the
numbe r of citi ze ns in a ttendance to s peak o n this topic. Brea Paul stated th e Bo ats
a nd Trailers Ordin a nce was discussed at t he October 151h mee tin g and the Boa rd
had asked staff for some addit iona l details to inclu de the ac tu al numb er o f violations
that we re ac tu ally present. Michae l Griffin spoke stati ng th e Boa rd aske d for so me
s ite boundary information, Code Enforce me nt in for matio n a nd s taff did a s urvey of
8 0% of Atlantic Beac h a nd fo und th at there we re21 b oat violation s, 13 of the
vio latio ns th e boats co uld be relo ca ted on th e prope rly a nd be found in co mpli an ce.
28 b oats w er e found in co mpli a nce. r ive b·a ilers a nd cam pe rs were found in
viola ti on a nd 9 tra ile rs and ca mp e rs w er e fo und in co mpli an ce. On the Code
Enfo r ce me nt issues we average 10 co mpla in ts per mo nth for boats a nd trailers o r
rec rea tion a l vehicles in th e front yard Mr. Gr iffin refreshed the boards me mo ry tha t
jac kso nv ille, St. Au g ustine, Nep tun e Beac h a nd St. jo hn s Co un ty has th e same
r egulations o f n o boats or trailers in t h e front 20ft fr ont ya rd setback jacksonv ille
Beach a lbws one 20 ft boat in the front yard setback. Atla ntic Beac h is less
restri ctiv e than jacksonv ille, Neptune Beach, St. Augustine and St. john s Co un ty by
a llow in g the boat to be 15ft from the front property lin e. Th e Board also asked fo r
some boundary information. Mr. Griffin s howed a plat of th e Park Terr ace
s ubdivi sio n stated th at wh en plats are set up houses arc set up o n the lot with
ge neraUy a 2 0ft setback, a nythin g beyond that 20ft setback is in t he ri ght of way.
He th en s ho wed seve ra l exa mples of co m pli a nt lots a nd no nco mpli a nt lots boats,
Pa ge I o f 5
Draft Minutes ofthe November 19, 2013 regular meeting ofthe Community Development Board
AGENDA ITEM# 2
FEBRUARY 24, 2014
trailers and campers. Kelly Elmore questioned how long time wise can a boat or
recreational vehicle be in the right of way before Code Enforcement will ticket it. Mr.
Griffin responded stating Code Enforcement will leave a courtesy notice first giving a
reasonable time. Mr. Elmore asked and if the homeowner states that it is a visitor
and it will be removed in a few days? Mr. Griffin stated the City will work with them
before taking any code enforcement action. The first speaker was Mr. Paul
Gunsaulis, 780 Begonia Street. Mr. Gunsaulis stated that because everyone in
Atlantic Beach has different lot lines, he feels the only way the City can uniformly
enforce the Boats and Trailers Ordinance is to change the wording on b (2) from
stating "15 ft setback from the lot line" to read ':1Sf!: setback from street pavement:'
He states that would put him in complianc~([.>•:fhe second speaker was Michael
Hampton, 651 Begonia Street. He stated;s~m~·one from the City came out to his
property yesterday and told him he could,#~e ckfw:n 2 trees on the lot and move his
boat back and be in compliance. He.sa'fdft is absur<:f for him to remove trees and
that too many trees have been rem~v~a in Atlantit B~(l.ch already. He states again
that "he will not remove his boat/th~ City can fine li.ilJ1 <\ll they want, he will not
move his boat". The third sp~~k~r was Linda Spencef, i82 Magnolia Street. She
agrees with homeowners haviri:g home rights .out her ne1ghl:Jors have their boat
parked right underneath her bedr~6iliwind()W.:She is in favor•oftl)e Ordinance the
way it is. Final speal\er.js Chris Lamb~Hso~, :357 12th St. Believe$ the issues with
Boats and Trailers statt~dbecause of the lcttk%fCode Enforcement on this ordinance
in the past. Mr. L~ri\~~ffu~l).:l;>elieves hi~t.our codes are too lax for boats
aesthetically and the ndi~e facdJt~fl.d .that theGfty.should increase the setback for
boats, trailers(lnd recreatiJh~I vehid~:S:.J<,eJly Elrriore.:;tated that this ordinance is in
place fo;rareasottand we do have th.e•:ffios(l<lx.ordihcirice compared to surrounding
muni¢ipalhies. fl~ feels the bt4inalJ.M sholiHb·e. left just as it is. The ordinance
withh614:; the standard, aesthetfc~}i?bughout the 'city. Harley Parkes stated that he
agrees with Mr. Elrribre. Sylvia simwons stated that she drove all over the City and
..• W<lS surpris@ e.tt•hqw·f~W.Yiolatibfisshe saw. Ms. Simmons stated reducing the
• . >iequ1rement rri~Yie<sult: iri tr~c;1tjng ri}ore boats and trailers. She doesn't think the
Ordin3.nte shouldb'echangediit~lh Brea Paul says she concurs with all the other
board meiT1b~rs, w~h}we the mostiax code already.
~>,:::::;~~",, ·,·/):~::,,
· :. Kelly Elmore l11~de a mCJti()!lto keep the Boats and Trailers Ordinance as written in
.· }:>}a~e, unaltered. fi<1rley Parkes seconded the motion and it carried by a vote of 6-0.
5. NEW BUSINESS;
'<:':':::::< -<<:::::::<'
A. SPA-13-ri6i()(}0'75~UBLIC HEARING)-201 Mayport Road
Staff
Report
Re(liiest for Special Planned Area (SPA) rezoning as permitted by Sections
24-116 through 24-126, to allow a maximum of 80 residential units. The
property is currently zoned Commercial Limited (CL) and Residential
General-Multi-Family (RG-M). The Future Land Use Designation High
Density (RH).
Jeremy Hubsch, Redevelopment and Zoning Coordinator gave a
presentation about SPA-13-00100075. Mr. Hubsch showed an
aerial of the site and described the neighboring sites. Stated that
the site was formerly a development of 96 units that had been
previously torn down roughly 10 years ago. He then showed a
Future Land Use Map and discussed density of surrounding
Page 2 of5
Draft Minutes of the November 19, 2013 regular meeting of the Community Development Board
AGENDA ITEM# 2
FEBRUARY 24, 20!4
properties and the zoning. Subject property is 7.2 acres and the
applicants are proposing a maximum of 80 residential units.
Maximum allowable density is 20 units in a Residential High
Density Land Use, and the applicants are proposing a development
with 11.2 units per acre, so it is below the maximum density. The
applicants are proposing 4 unit types, Single family, duplex, triplex
and quadplex. As it is currently designed, there will be only one
single family home. They will be providing 2 parking spaces per
unit and 20 visitor parking spac~~; .Jhere will be a lOft landscape
buffer along Mayport Road,~wHi8tf is required per our Mayport
Corridor Standards. Ther~ .wilf~~a Sft landscape buffer along the
entire Northern, SoutherH~ti(J<@~t~rn property boundary, which
is not required by oufcode. The c(>rnmercial Corridor standards
for construction m~tefials along Mayp·&~tRoad will be met. It is
anticipated that''l:h~ proposed 80 unitr"will be mostly duplex,
triplex, and quadpl~)(:puildings,< The appligt1t~ do not yet know
what customer deni·~hd will 6~ like, and thSswould like the
flexibilit\'.toalter the<Jffr(~yJ)•~ shown on the ~ite plan, while
maintai11}@ th.E!>same gen~t~IJayout. The SPA clearly states that
any modifi:c<:~ticMsJh~t chang~/the use, building height, density,
"," ., puffers and open ~~a·e~~ ~nd ac2~sipoints/driveways will need to
/ >• ¢Q'rne back •b<;ifore the Gomrnunlt¥ Development Board and
. , . (()t1{rbission as}~qult~~·perS~tt(qn 24-124. Habitat for Humanity
} . plan~t{> create ah/80A to maint~ln the project in perpetuity, but
• at this time the HOA:documents have not yet been created. Mr.
<1-JIJb,~~H ··stat~s , that">ger Section 24-62.c.2, the Community
D~V~Ippme~1: B(}~x~ ··~flail "Indicate the relationship of the
: pro~bse!d rezonintft6 the comprehensive plan for the city and
P:rovide·~Jipding that the requested change in zoning is consistent
W,i~,Q the co[llprehensive." He then discussed some of the goals,
. ,...... obJ~~tives, and policies of the comprehensive plan that are
:/ < rel~%nt to this project. Mr. Hubsch gave an overview of the
: thi}t~en waivers that the applicants are requesting. He also gave
>,•~bbverview of the boards required actions. He also stated that
·~taff does not have any recommendations at this time and will be
leaving the decision up to the board.
Applicant
Comment
The applicant, Jay McGarvey, Chairman of Beaches Habitat stated
that they are very excited to present this model community for the
residents of Atlantic Beach. He states that this development will
dress up Mayport Road. He then introduced the President of
Beaches Habitat, Mr. Brian Wheeler. Mr. Wheeler presented
several examples of other neighborhoods that have developed
using the same traditional neighborhood design that Habitat is
Page 3 of5
AGENDA ITEM# 2
FEBRUARY 24,2014
Draft Minutes of the November 19, 2013 regular meeting of the Community Development Board
Public
proposing. He showed computer images of the before and after of
the site. He also showed example floor plans of the units. He
discussed parking, sidewalks, front and rear yards, landscaping and
drainage on the project. Kelly Elmore stated he is concerned given
the location and the density request, will crime and home values
become an issue. Mr. Wheeler stated that he feels there is a
difference in behavior of renters of high density apartments and
homeowners. He then discussed all of the requirements the
prospective homeowners must q:>:ffiply with before being given the
privilege of home ownership Witti•seaches Habitat. Mr. Elmore
then asked how the dev~l(:>pffi~llt is handling stormwater. Mr.
Wheeler pointed out thaf(l185{6f.itwill drain under the park to a
underground systelll•tfeat~d with1:1i¢:'~xisting concrete that is on-
site and the resVi~ al~eady currentlyftpwing to Mayport Road.
Habitat will workWifh FDOT concerning ttl@:Jrainage issues.
The fi6fP~~blic :P~:~iliw~~,~~tthew c::~~~~lito, 632 Main
Comment Street,sf~t~d •he is very gl~d>to see something going into the
"bombed out;; sRelt~r. Hiscd!lcerns were regarding how many
Motion
more ofth~S'~typ~home~.or de~~H5pments are going to be coming
> }~pin Atlantitta~ach?,lk' • .A.ti.S~Iltic B~cjch going to become totally
< > > > · fotlised on Be~ches:Habitat.hdrtles? He was also concerned about
. .................. the l~tk of stora~~!wifll no garag~~ and having the front and rear
> porch~~ start servitlg~c:~s garages with outside storage. The second
; pyi:>Ji~ sp~~k~L was Mike Whalen, business owner on Mayport
R~a~, Mr. \/I.Mal~n stat~d he thinks this is the wrong location for
this~rpject. Is Aflahtic Beach going to become the "poster boy"
Beaches Habitat. He thinks this is too many low income people
pibJEic::t and that this will turn back into what the Palms
into ~gd that it will close businesses on Mayport Road.
had questions regarding if they grant the variances for
do they have to do the same for all future SPA's. The
decided they are decided on a case by case basis. Brea Paul
was concerned about the park being turned into a retention pond
for drainage. Mr. Hubsch stated that then that change would have
to come before the board again.
Sylvia Simmons made motion to approve SPA-13-00100075 and it
was seconded by Harley Parkes. It was unanimously approved 6-0.
Page 4 of5
AGENDA ITEM# 2
FEBRUARY 24, 2014
Draft Minutes of the Novemberl9, 2013 regular meeting of the Community Development Board
6. REPORTS.
7.
A. Through Lots. Michael Griffin stated that this item is to request a
recommendation from the Community Development Board to the City
Commission to repeal Section 24-84. {c) The Land Development Code which
relates to double frontage lots which requires new structures built in between
Beach Avenue and Ocean Blvd. to actually front onto Ocean Blvd. Currently
there are only 4 lots with Ocean Blvd addresse~,;::~nd 10 lots addressed on Beach
Avenue, and 3 vacant lots with no address;<:<SYI~la Simmons is concerned about
letting homeowners place 6ft tall fenc~~<Hght along Ocean Blvd. Mr. Parkes
stated that the economic value of havi~~~ B~~c:h Ave. address is not arguable.
Kelly Elmore made a motion to arn~hd'fhe code fo allow through lots between
Beach Ave. to Ocean Blvd. to ff(}tit: bn Beach Ave. Mr. Stratton seconded the
motion. The motion was unariifflJ~sly approved 6-0. < <
B. Tree Ordinance. M i&Oel G riffi: :t~l~·d f6~~ ;~. Tree ~::,j~~~ ~~ is not up for
Attest
discussion for this eV~hiifg. Mx. Griffin st~ted this is just a heads up that this will
be coming up in the D@erriH~ro'rneeting. Mri t:lmore stated he will be missing
the 17th me~tlhg. B~~fBat.~l stat~dthat Jason Burgess will not be
and th~>new board>memberWill be Linda Lanier.
Page 5 of5
AGENDA ITEM
CASE NO
CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
4A
SPA -13·00100075
AGENDA ITEM II 2
rEBRUARY 24,20 14
Request for Special Plann ed Area (SPA) rezoning as permitted by Sections 24-11 6
through 24-126 to allow a maximum ofBO resident ial units. The property is cu rrently
zoned Com m ercia l Limited (CL) and Residential General -Multi-Family (RG-M). The
Future Land Use Designation is Residential Hig h Density {RH}.
LOCATION 201 MAYPORT ROAD
APPLICANT HABITAT FOR HUMANITY BEACHES
DATE NOVEMBER 12, 2013
STAFF JEREMY HUBSCH, REDEVELOPMENT AND ZONING COORDINATOR
Staff Comments
Background
The s ubject property contains approxi mate ly 7.2 acres
a nd is loca t ed on the east side of Mayport Road, just
north of Atlantic Boulevard. The property is currently
zoned Commer c ial Limited (CL) and Residentia l
Ge n eral Multi -Family (RG-M). The appli ca n ts are
seekin g to rezone the pro pe rty to a Specia l Planned
Area (SPA) for t h e co ns t r uction of up to 80 residential
units.
The s ite is c u r r e ntly vacant a nd previously co nta ined a
98 unit multi -family compl ex, which was torn down a
few years ago. The constructio n of the Mayport fly over
a nd s ubsequ e nt lacl< of access to Mayport Road south
m a l<es th e site less suitable for comm ercial
development and more s uitable for residentia l. The
appli ca nts are r equesting to build a maximum of80
r esid entia l un its. As p r oposed, the project wi ll have a
density of 11.2 units pe r acr e, which is b e low the
maximum of 20 units per acre in the Residential High
De nsity Future La nd Use District.
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Project Description
AGENDA ITEM# 2
FEBRUARY 24, 2014
Habitat for Humanity is seeking to use the Special Planned Area District (SPA) to create a unique development that
otherwise would not be allowed by a conventional zoning district in Atlantic Beach. Planned developments
generally enable flexibility for building setbacks, lot widths, and lot coverage; in exchange for the creation of park
space, open space, and landscaped buffers. Per Section 24-116 of the Atlantic Beach Land Development
Regulations, "The purpose of the special planned area district is to create a mechanism to establish a plan of
development or redevelopment for a site where the property owner and the community's interests cannot be best
served by the provisions of the conventional zoning districts, and where assurances and commitments are
necessary to protect the interests of both the property owner and the public, and also the unique qualities of the
City of Atlantic Beach."
The proposed project has smaller lot widths and building setbacks, and higher lot coverage than allowed in a
standard development in Atlantic Beach. However, this is a unique development for Atlantic Beach. The applicants
have described the design of the development as a Traditional Neighborhood Development (TND). While staff does
not believe the development to be a fully fledged TND, it does display some elements from a design standpoint
such as a centrally located park space, alleys, front porches, and walkability. The scale of the project and location
along a stretch of Mayport Road that has no left turn lanes is a deterrent to the mixed use (commercial/retail)
component of a Traditional Neighborhood Development Additionally, the development is lacking connectivity to
adjacent neighborhoods, which often occurs in a TND.
The SPA is providing a centrally located park space, though not required to per Atlantic Beach Code. Only
developments over 10 acres must provide recreation per 24-257. However, this project can hypothetically have a
higher population than a 10 acre development in a Residential Low Density Future Land Use, which has a
maximum density of 6 units per acre. The applicants are providing 5 feet of landscaped buffers along the entire
northern, eastern, and southern property boundaries, though not required to by code. There will be a 10'
landscaped buffer along the entire Mayport Road facing corridor, which is required by the Atlantic Beach
Commercial Corridor development standards outlined in 24-171.
It is anticipated that the proposed 80 units will be mostly duplex, triplex, and quadplex buildings. The applicants do
not yet know what customer demand will be like, and thus would like the flexibility to alter the unit type shown on
the site plan, while maintaining the same general layout. The SPA text clearly states that any modifications that
change the use, building height, density, buffers and open space, and access points/driveways will need to come
back before the Community Development Board and Commission as required per Section 24-124. The units will be
sold fee simple to Habitat for Humanity participants. The SPA proposes 2 parking spaces per dwelling unit as
required by code, as well as an additional minimum 20 visitor spaces. Habitat for Humanity plans to create an HOA
to maintain the project in perpetuity, but at this time the HOA documents have not yet been created. Per the SPA
text, membership in the HOA will be mandatory for all homeowners, and all open space, retention areas, park, and
landscaping will be maintained by the HOA.
The commercial corridor development standards outlined in Section 24-171, which pertain to all structures within
100 feet of Mayport Road, state that all new buildings shall be made of brick, wood, stucco, decorative masonry,
exterior insulation and finish systems (EIFS), architectural or split-faced type block, or other finish materials with
similar appearance and texture. It also states that metal clad, corrugated metal, plywood or oriented strand board
(OSB), and exposed plain concrete are not permitted. The applicants have submitted architectural renderings for
the project that are consistent with this requirement (attached). Given the location of the site at the entrance to
Mayport Road and its visibility from Atlantic Boulevard, staff believes it is important to ensure that this project will
be aesthetically pleasing.
At this time the city's Public Works Director has a few outstanding construction level comments that need to be
worked out with the applicants prior to this item going to the City Commission. Additionally the City of Jacksonville
Fire Department is still in the process of reviewing the project for any public safety issues. It is anticipated that
these will be cleared up shortly.
Page 2 of 8
AGENDA ITEM# 2
FEBRUARY 24, 2014
Compatibility
The proposed project is generally compatible with adjacent properties. To the east is another multi-family project,
to the north is a small fast food restaurant, and to the south is a mini-storage facility, which faces the opposite
direction. According to section 24-177 (e), the applicants are not required to provide any buffers between adjacent
parcels. If they were required to provide a buffer, it would need to be ten feet wide where bordering an
incompatible use. The applicants have chosen to provide a 5 foot wide landscaped buffer along the east, north, and
south property lines. As previously mentioned, they are also providing a 10 foot wide landscaped buffer along
Mayport Road. Below is a table of the Future Land Use and Zoning of adjacent parcels:
Direction Future Land Use Category Zoning District
East Residential-High Density (RH) Residential General, Multi-
Family (RG-M)
West Commercial (CM) Commercial General {CG)
North Residential-Low Density (RL) Commercial Limited (CL) and
Residential, General, Multi-
Family (RG-M)
South Commercial (CM) Commercial General (CG)
D eve opmen tS d d tan ar s
Lot and Building
Maximum allowed density per land 20 units/acre
use
Proposed density 11.2 units/acre
Maximum number of units 80
Maximum Lot coverage by Parcel Parcel Type 1 (Single Family): 65%
Parcel Type 2 (Duplex): 65%.
Parcel Type 3 (Triplex): 65%
Parcel Type 4 (Quadplex): 65%
Minimum lot width (rectangular Parcel Type 1 (S.F.): Min. Width-32 feet; Min. Area-2,900 s.f.
shaped lots only) and Minimum Lot Parcel Type 2 (Duplex): Min. Width-50 feet; Min. Area-4,600 s.f.
Area by Parcel Parcel Type 3 (Triplex): Min. Width-68 feet; Min. Area-6,250 s.f.
Parcel Type 4 (Quadplex): Min. Width-84 feet; Min. Area-7,725 s.f.
Average Lot coverage by Individual End Unit: 60%
units within a Duplex, Triplex or Inside Unit: 75%
Quadplex Parcel
Minimum lot width (recta ngu Ia r End Unit: Min. Width-26 feet; Min. Area-2,300 s.f.
shaped lots only) and Minimum Lot Inside Unit: Min. Width -16 feet; Min. Area -1,450 s.f.
Area by individual units within a
Duplex, Triplex or Quadplex Parcel
Minimum Lot Frontage for Any For irregular shaped lot, the minimum frontage can be no less than 10' less
Irregular Shaped Lot than minimum lot width
Minimum floor area (per unit) 1,000 SF (enclosed air conditioned living area)
Maximum building height 35 feet, principle dwelling; 15 feet, accessory structure-Per COAB LDC
Minimum Primary building separation 10 feet
Minimum front setback (rectangular Parcel Types 1-4: 8 feet open air porches,
shaped lots only) 12 feet exterior building wall
Page 3 of 8
Minimum front setback (irregular
shaped lots)
Minimum side setback (all
structures)
Minimum rear setback (principal
dwelling)
Minimum Driveway I Parking area
Setback
Accessory Structure Setback
Comprehensive Plan
Parcel Types 1-4: 4 feet for open air porches
AGENDA ITEM# 2
FEBRUARY 24,2014
8 feet for exterior building wall (for a maximum one unit
per building) most closely located to the irregular portion of the lot front
boundary.
All Parcel Types: 5 feet
All Corner Lots: To maintain a clear sight triangle at intersections, no
obstructions to vision exceeding 4feet in height shall be allowed within the
straight line connection of a 10 foot offset from the intersecting right-of-
way lines of two streets.
Parcel Type 1-4: 15 feet
3 feet from side property line I Parking space dimension begins 2 feet from
property line.
3 feet from side or rear lot lines; not allowed in front of unit
Per Section 24-62.c.2, the Community Development Board shall "Indicate the relationship of the proposed
rezoning to the comprehensive plan for the city and provide a finding that the requested change in zoning is
consistent with the comprehensive plan." Below are a few goals, objectives, and policies of the comprehensive plan
that are relevant to this project. Consistency with the comprehensive plan is one of the findings of fact necessary
for approval of the SPA
GoalA.1
The City shall manage growth and redevelopment in a manner which results in a pattern of land uses that: 1)
encourages, creates and maintains a healthy and aesthetically pleasing built environment, 2) avoids blighting
influences, 4) maintains the City's distinct residential community character
Objective A.l.3-Maintaining Residential Character
The City shall encourage future development and redevelopment, which 1) retains the exceptionally high quality of
life and the predominantly residential character of the City of Atlantic Beach ... and, 3) provides for varied and
diverse recreational opportunities ... and which provides for and maintains energy efficient land use patterns.
Objective A.l.5-Sound Development Patterns
The City shall maintain development patterns which 1) prevent blighting influences 2) foster diverse and stable
neighborhoods ... 4) provide proper locations for ... energy efficient land use patterns, and 5) encourage healthy and
aesthetically pleasing living conditions.
Policy A.l.5.5
Flexible regulatory methods shall be utilized to provide incentives for achieving environmental enhancement,
economical land development and energy efficient patters ofland use that provide for an appropriate mix of uses
within the City.
Policy 1.5.8
The City shall permit residential development only in compliance with the residential density limitations as set
forth within the Land Development Regulations, and as designated on the Future Land Use Map in accordance
with the following table.
Objective A.l.6
The City shall preserve the sound structural condition and the diverse character of the built environment of the
City and shall encourage development programs and activities that are directed at infill development as well as the
conservation, redevelopment and re-use of existing structures and the preservation of and re-investment
in older neighborhoods.
Page 4 of 8
Policy A.1.6.3
AGENDA ITEM# 2
FEBRUARY 24, 2014
The City shall discourage redevelopment practices that displace very low, low and moderate-income residents.
Objective A.1.10
The City shall continue to maintain a development character which is compact in form, orderly in its land use
patter, and diversified in its makeup so as to ensure employment opportunities, affordable housing, a pleasant
living environment, and cost effective and energy efficient public services.
PolicyA.1.10.4
The City shall actively support the appropriate redevelopment and infill development of the Mayport Road
corridor. Retail and service uses that sustain neighborhoods and encourage a more aesthetically pleasing and
pedestrian friendly environment shall be encouraged. New development along Mayport Road shall be in
compliance with the Commercial Corridor Development Standards as set forth within the Land Development
Regulations.
Objective A.1.11
The City shall provide for land use, development and redevelopment in an efficient manner, which supports the
land use designations as set forth within the 2010-2020 Future Land Use Map; which enforces the residential
densities and the limitations upon the type and intensity of uses, and which results in development appropriate to
the sensitive coastal location of the City, particularly with respect to the predominantly residential character and
small-town scale of the City.
PolicyA.1.14.1
The City shall continue to maintain an energy efficient land use pattern and shall continue to promote the use of
transit and alternative methods of transportation that decrease reliance on the automobile.
PolicyA.1.14.2
The City shall continue to encourage and develop the "walk-ability and bike-ability" of the City as a means to
promote the physical health of the City's residents
Waivers
The applicants are requesting thirteen waivers. Section 24-121 states "The special planned area district should not
be construed as a mechanism to diminish the requirements set forth elsewhere within this chapter or other
chapters of the City Code. Waivers to existing development standards shall be approved by the city commission
and only upon demonstration that an alternative standard will provide a better development outcome with
respect to the quality of design and development form." The waivers requested by the applicants are essentially
areas where certain aspects of the SPA differ from the standard requirements of the code. It should be noted that
the practical purpose of planned developments is to seek relief from standard setbacks, lots sizes, and lot widths.
These types of items are typically not listed as waivers in a PUD/SPA. For instance, in the Atlantic Beach Country
Club SPA, there are several lot types and building setbacks that are smaller than allowed by Atlantic Beach's
zoning districts, but there were no waivers listed in the staff report or SPA text.
In this case, the applicants have chosen to provide all areas where the development varies from what is allowed by
code. Waivers 4-10 are all examples of items that are often times not considered a traditional waiver in a planned
development. These items generally relate to requests for lesser setbacks, lot sizes and widths; and greater
Impervious Surface Ratio (ISR). As pointed out earlier, increased landscaping, open space, and park space is often
a tradeoff for allowing these types of requests in a planned development. Waivers 1-3 relate to requests for limited
relief from landscaping requirements. Waiver 11 requests a reduction in setbacks for accessory structures.
Waivers 12 and 13 are requests for relief for roadway standards.
The City Commission has the power to grant. deny. or alter any of these waivers. The Community Development
Board shall take them into consideration when making a recommendation.
Page 5 of 8
AGENDA ITEM# 2
FEBRUARY 24,2014
1. Per section 24-171, Commercial Corridor, it references Div. 8 Landscaping which requires SO% of the required
trees along the Mayport frontage road be shade trees. Due to the adjacent overhead power, shade trees are not
permitted to be located in this proximity to the power lines; therefore, this buffer will only include understory
trees and palm trees.
2. Per Section 23-30, Minimum Tree requirements under Division 4 General provision, which is later referenced by
Division 8, For triplex parcels, we are requesting to 33% shade tree versus the required SO% shade tree
requirement. Overall, there will be 40% shade trees on the development parcels. This reduction of shade trees is
off-set from the additional planting that has been provided elsewhere on the property that is not required by code.
3. Per Section 23-30, Minimum Tree requirements under Division 4 General provision, we are requesting to plant
3" caliper trees versus the required 4" caliper trees. This reduction in size is requested due to availability of non-
shade plant material along with costs, and is off-set from the additional planting that has been provided elsewhere
on the property that is not required by code. Please note, that only required trees on-site are located on the
individual residential parcels and the Landscape Enhancement area to Mayport.
4. Per Sec. 24-88 which requires for "high density residential development, a minimum lot area of two-thousand
one hundred seventy-five (2,17S) square feet for each dwelling unit." We request for duplex units through quaplex
units, that the outside unit have a minimum lot size of 2,300 SF, and inside units have a minimum lot size of 1,4SO
SF.
S. Per Section 24-108 (d) (1) minimum lot area requirement for "Single-family dwellings" requires seven thousand
five hundred (7,SOO) square feet". Our single-family lot is 2,900 sf.
6. Per Section 24-108, minimum yard requirements, requires "Front Yard setback: Twenty (20) feet." Our request
is 8 foot from open porches (12 foot from building) for rectangular lots. On irregular lots we request a minimum 4
foot for open air porches, 8 feet for exterior building wall (for a maximum one unit per building) most closely
located to the irregular portion of the lot front boundary.
7. Per Section 24-108, minimum yard requirements which requires "Rear Yard setback: Twenty (20) feet." We
request 1 S feet.
8. Per section 24-108, minimum side requirements require:
a. Single-family dwellings: Combined fifteen (1S) total feet and five (S) minimum feet either side.
b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.S) each side."
We request side setbacks of S feet. On corner lots: To maintain a clear sight triangle at intersections, no
obstructions to vision exceeding 4 feet in height shall be allowed within the straight line connection of a 10 foot
offset from the intersecting right-of-way lines of two streets.
9. Per section 24-108, minimum lot width requirements often (7S) feet. We request 32 feet for a single family lot,
SO feet for a duplex parcel and 68 feet for a triplex parcel type.
10. Per section 24-108, Building Restrictions which requires "The building restrictions for the RG-M zoning district
shall be a SO% Maximum impervious surface. For Parcel Types 1 through 4 we request a 6S% maximum
impervious surface. Furthermore, on the individual units we request an average 60% impervious on exterior units
and 7S% impervious on internal units.
11. Per Section 24-1S 1, Accessory Structures, Detached carports have a S foot side and rear yard setback
requirements, and private garages have a 10 foot rear and side yard setback. We request all accessory structures
have a minimum 3 foot side and rear yard setback.
Page 6 of 8
AGENDA ITEM# 2
FEBRUARY 24, 2014
12. Per section 24-252 (i) cul-de-sac's require a minimum 50 foot right-of-way. We request a 44 foot right-of-way
for an approximate 200 feet in length.
13. Per section, 24-252 (c)(1) which states "Any subdivision ofland, which creates more than ten (10) residential
lots shall provide two (2) separate access points, unless other provisions, such as permanent easements, are made
for emergency ingress, and provided that such entrances will not adversely affect the street system." We are
providing two access points however, only one will be for ingress.
REQUIRED ACTION
The Community Development Board may consider a motion to recommend approval of the Habitat for Humanity
SPA (Application SPA-13-00100075) to the City Commission, a rezoning to Special Planned Area for lands described
within said application, approving the site development plan and adopting the application and supporting documents,
and all terms and conditions as set forth therein, subject to conditions enumerated, and provided the following, or
similar, 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, High Density.
(3) The rezoning is consistent with the Land Development Regulations, specifically Division 6,
establishing standards for Special Planned Areas.
(4) The rezoning and the site development plan are consistent with the stated definition, intent
and purpose of Special Planned Areas.
(5) The zoning district classification of Special Planned Area, and the specific uses and special
conditions as set forth herein, are consistent and compatible with surrounding
development.
The Community Development Board may consider a motion to recommend denial of the Habitat for Humanity SPA
(Application SPA-13-00100075) to the City Commission, a rezoning to Special Planned Area for lands described within
said application, provided the following, or similar, findings of fact:
(1) The rezoning to Special Planned Area is not consistent with the Comprehensive Plan and the
Future Land Use Designation of Residential Low Density because
(2) The rezoning is not consistent with the Land Development Regulations, specifically Division
6, establishing standards for Special Planned Areas because
(3) The zoning district classification of Special Planned Area and the specific uses and special
conditions as set forth herein are not consistent or compatible with surrounding development because
Page 7 of 8
AGENDA ITEM # 2
FEBRUARY 24, 2014
APPLICATION FOR ZONING MAP AMENDMENT
for
SPECIAL PLANNED AREA-or-PLANNED UNIT DEVELOPMENT
City of Atlantic Beach · 800 Seminole Road · Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 • FAX (904) 247-5805 • http://www.coab.us
Date October 16, 2013 File No. October 16, 2013 Application No. October 16, 2013
1. Applicant's Name Joseph P. Loretta, PLA, LEED AP BD+C
2. Applicant's Address 9822 Tapestry Park Circle Suite 201 Jacksonville, FL 32246
3. Pmperty Location 201 Mayport Road Atlantic Beach, FL 32233
4. Property Appraiser's Rent Estnte Numbe•· _1_7_7_6_4_9_-o_o_o_o ___________________ _
5. Current Zoning Classification CL and RG-M 6. Comprehensive Plan Future Land Use Designatiou_R_H __ _
7. Requested Action Rezone property to Special Planned District (SPA)
8. Size of Parcet_7_.2_a_c_re_s __________ _ 9. Utility Provider The City of Atlantic Beach
10. Provide a textual narrative and a composite site plan, which demonstrates compliance with A1ticle Ill, Division 6 of
the City of Atlantic Beach Zoning, Subdivision and Land Development Regulations. The narrative, and any required
attachments, should concisely add1·ess each of the provisions and requkements of Seetion :!4•1!W and should be
p1•ovided in an order and fot•mat consistent with this Section. Please provide a cover page and a table of contents
identifying each attachment to the application, ~CMOY\ '24-,...I ItO_ JZf.t:,
Il. The following items must be submitted with the application:
a. List ef 11d:j11eent prepe~tters n ilbin 366 feet of the p• opel't)' ineluding name, mailing address and Pwpcrly
ApJn alscr's ftcal Estate numbe• li om mon.tl."elltiy-ceTtffied tax • oils. Addt'e!ls l:vl'o (2) legal size c1nelopes to-eadr'
(WliiJ:J:ty owper on tile list, {)e net iRglude a return address. Eaeh enrel11pe Rlltst e6nlain proper postage. I he order of
the e•nclopcs must match the 61 de• in ll'hieh the name.~ annearmr the IISI.
b. Proof of ownership (copy of deed or certificate by lawyer or abstract company or title company that verifies record owner
as above). If the applicant' is not the owner, a letter of authorization from the owner(s) for applicant to represent the
owner for all purposes related to this application must be provided.
01'\e c. Required number of copies: ~Please submit .tca-tfO) copies of any plans or attachments that are l~~rger than II x
Ctr• f'ipt<:<'. 17 inches in size, or any other items that cannot be easily reproduced. 6 oop1e5 ct-01/WSI z-eo on~
rvy-d. Application Fee. ($500.00) oppt,CrJW
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:
Joseph P. Loretta
l A T INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
a e: Joseph P. Loretta
822 Tapestry Park Circle Suite 201 Jacksonville, FL 32246
Phone: 904-730-9360 FAX: 904-730-7165 E-mail: jloretta@GenesisGroup.com
AGENDA ITEM# 2
FEBRUARY 24, 2014
OWNER'S AUTHORIZATION FOR AGENT
....:.J.:..:os....:.e.!:..:ph.:..:P....:.·~L.::..:or-=-et""ta"-, G.=..e::.:.n:..:.e:::_sis=-G-=-r:..::.o-=-<up=-----... _______________ is hereby authorized to act on behalf of
_B_e_ac_h_es_H_a_b_ita_t _fo_r ....:.Hu_m....:.a....:.ni;.;.<ty __________________ , the owner(s) of those lands described
within the attached application, and as described in the attached deed or other such proof of ownership as may
be required, in applying to the City of Atlantic Beach, Florida, for an application related to a Development
Permit or other action pursuant to:
Zoning Variance
Use-by-Exception
Building Permit
Sign Permit
@
D
Comprehensive Plan Amendment
Zoning Map Amendment
Plat, RepJat or Lot Division
Tree Permit
D
0
0
0
0 Other ____________________ _
BY: ----------------------------------------------Signature of Owner
Print Name
904-241-1222 Extension 222
Telephone Number
Signed and sworn before me on this IS..,_,
Identification verified: 6 c.lx.IS {..,'c<.ASt-
c_~()
State of FL
County of /) v v"' I
day of, 20_!i.
Oath sworn: -~)(__....:. ___ Yes _____ No
Notary Signature
My Commission expires: -H~&a-~~~KYLE MURRAY
COMMISSION #I EE1~723
EXPIRES April 02, 2016
FloridaNote 8e1vlee com
Beaches
AGENDA ITEM# 2
FEBRUARY 24, 2014
Habitat for Humanity®
Ownership and Commitment:
Beaches Habitat for Humanity has unified control of the subject property and is committed to proceed
with the proposed development in accordance with the ordinance creating the special planned area.
Beaches Habitat for Humanity is committed to proceed with the proposed development according to
the plans and schedule approved by the ordinance, and will continue operation and maintenance of all
privately owned areas, functions and facilities, which will not be operated or maintained by the City
pursuant to written agreement.
Beaches Habitat for Humanity is committed to bind all successors and assigns in title to any
commitments included within the ordinance creating the special planned area which shall also include
by reference the application for rezoning and the approved plan of development, and which shall be
recorded with the Clerk of Courts of Duval County.
Beaches Habitat for Humanity will form the 201 Mayport Road Neighborhood Association, Inc., a Florida
non-profit corporation, for the continued ownership and maintenance of the right-of-ways, common
open space, retention areas, park and landscaping. Membership in the association shall be mandatory
for cyl property owners within the SPA development plan. Beaches Habitat reserves the right to deed
the ~~t-of-way and alley back to the City while still maintaining the landscape.
"'-,"'\ n n . ~
BY: t ~"~ ~--/ October 15, 2013
5[gnature of 0 ~ Date
Debbie Jones
Print Name
797 Mayport Road, Atlantic Beach, FL 32233" Office: (904) 241-1222 • Fax: (904) 241-4310
www .beacheshabitat.org
Prepared by and return to:
Lawrence V. Ansbacher, Esq.
Ansbacher & Schneider, P.A.
5150 Belfort Road, Building 100
Jacksonville, FL 32256
Doc# 2013241113, OR BK 16531 p
Number Pages: 3 age 2248,
Reco~ded 09/18/2013 at 02:17 PM
Ronnte Fussell CLERK CIRCUIT COURT DUVA COUNTY L
RECORDING $27.00
DEED DOC ST $7700.00
SPECIAL WARRANTY DEED
1. Grantor's name and address is:
CENTERSTATE BANK OF FLORIDA, N.A.,
A National Banking Corporation
1234 King Street
Jacksonville, FL 32204
2. Grantee's name and address is:
BEACHES HABITAT FOR HUMANITY, INC.,
a Florida non-profit corporation
797 Mayport Road
Atlantic Beach, FL 32233
Grantee's tax identification number is: _______ _
AGENDA ITEM# 2
FEBRUARY 24, 2014
The terms Grantor and Grantee shall be non-gender specific, singular or plural, as the
context permits or requires, and include heirs, personal representatives, successors or
assigns where applicable and permitted.
3. The real property ("Property") conveyed hereby is described as follows:
A tract of land lying in the Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East,
Atlantic Beach, Duval County, and more particularly described as follows: ·
For a point of reference commence at the intersection of the Northerly line of Atlantic Boulevard
and the Easterly line of Mayport Road; thence run North 20 degrees 28' 35" East along said
Easterly line of Mayport Road, a distance of 360 feet to a point of beginning; thence run North 89
degrees 19' 35" East parallel to said Northerly line of Atlantic Boulevard, a distance of 612.38
feet; thence run North 7 degrees 04' 25" West, a distance of 691.90 feet; thence run North 69
degrees 31' 25" West a distance of 251.01 feet to the Easterly right of way line of said Mayport
Road; thence run South 20 degrees 28' 35" West along said Easterly right of line of Mayport
Road, a distance of 834.36 feet to said point of beginning,
together with all tenements, hereditaments, easements and appurtenances belonging to or
benefiting such property.
The Property Appraiser's Parcel Identification Number is 177649-0000
4. Grantor for good and valuable consideration plus the sum of $10.00 the receipt whereof is
hereby acknowledged, hereby grants, bargains, sells and conveys to Grantee the Property
to have and to hold in fee simple forever.
5. Grantor fully warrants title to the Property and will defend the same against the lawful claims
of all persons whomsoever claiming by, thro'~gh or under Grantor, but not otherwise, except
for those certain "Permitted Exceptions" more particularly described on such Exhibit
attached hereto and, by this reference, made a part hereof.
EXCEPT AS EXPRESSLY SET FORTH IN THIS DEED, GRANTOR HAS MADE NO, AND
EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND
CONTRACTS OF EVERY KIND AND CHARACTER, EXPRESS OR IMPLIED OR ARISING BY
130172.03 Special Warranty Deed
Last Saved: 13.9.10 12:28 PM
AGENDA ITEM# 2
FEBRUARY 24, 2014
OPERATION OF LAW, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED
TO, REPRESENTATIONS OR WARRANTIES AS TO MATTERS OF TITLE (OTHER THAN AS
SPECIFICALLY SET FORTH ABOVE), ZONING, TAX CONSEQUENCES, PHYSICAL OR
ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS,
OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS,
GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR
AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION: (i) THE VALUE,
CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, HABITABILITY,
SUITABILITY OR FITNESS OF THE PROPERTY FOR A PARTICULAR PURPOSE OR USE; (ii)
THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO
ANY OF THE PROPERTY; (iii) THE AVAILABILITY OR EXISTENCE OF ANY WATER, SEWER OR
UTILITIES (PUBLIC OR PRIVATE); (iv) THE MANNER, QUALITY, STATE OF REPAIR OR LACK
OF REPAIR OF THE PROPERTY; OR (v) THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE
AT, IN, ON, UNDER OR ABOUT THE PROPERTY. THE TERMS OF THIS DISCLAIMER SHALL
SURVIVE DI;LIVERY OF THIS DEED.
2XP~~-Executed on ~__u_. 2013.
CENTERSTATE BANK OF
FLORIDA, N. A.
A National Banking Cor oration
The foregoing instrument was acknowledged before me this \~-h-. day of ~C.V2~ ~/ ,
2013 by Matthew T. Maynor, Vice President of C~rState Bank of Florida, N. A., a national
banking corporation, on behalf of the corporation ( v) who is personally known to me or ( ) who has
P. uced ..__. Florida Driver's License) as identification.
~~~d2~~~~~~~~·~
PERMITTED EXCEPTIONS
AGENDA ITEM# 2
FEBRUARY 24,2014
1. General or special taxes and assessments required to be paid in the year 2013 and subsequent years
which are not yet due and payable.
2. Downguy Easement to Jacksonville Electric Authority filed September 24, 1985 in Official Records
Book 6018, page 1256, of the current public records of Duval County, Florida.
3. Grant of Easement to Mediaone of Greater Florida, Inc. as filed May 19, 2000 in Official Records Book
9629, page 901, of the current public records of Duval County, Florida.
4. Easement to Southern Bell Telephone and Telegraph Company filed January 31, 1961 in Official
Records Book 1196, page 308, of the current public records of Duval County, Florida.
4. Facts, matters and things disclosed on a current survey of the Property.
WRITTEN NARRATIVE
SPA REZONING APPLICATION FOR
201MAYPORT ROAD
November 11, 2013
AGENDA ITEM # 2
FEBRUARY 24, 2014
The subject site contains approximately 7.2 acres, and is located in the
south central portion of the City of Atlantic Beach (COAB) on the east
side of Mayport Road (SR AlA), south of Cornell Lane. The applicant,
Beaches Habitat, is seeking to rezone the property from Commercial-
Limited (CL) and Residential, General, Multi-Family (RG-M) to the
Special Planned Area (SPA) zoning district in order to create a
Traditional Neighborhood Community. 201 Mayport Road will be a
maximum 80 unit residential development, providing a mix of housing
opportunities to include single-family units, duplex, triplex and
quadplex buildings in which units will be sold fee simple. Amenity
areas, including scenic corridor landscaping, a community park and
common open space, will be provided. The homes will be arranged in
a Traditional Neighborhood Design with rear lane/alley access and
buildings fronting on the scenic corridor or the main loop road with
the community park. All homes will feature front porches and sidewalks that lead one through the neighborhood
and Mayport Road, creating a walkable community.
Prior Development Use:
The prior use consisted of a multi-family community with a total 98 units, within 25 buildings. The parking facility
consisted of a total of 154 spaces which did not meet code and the landscaping on the site was very sparse. The
prior development, under separate ownership, went into condemnation in the middle 2000's. The buildings
located on the property were later torn down at the request of the City by a separate land owner.
II. Future land Use Designations and Zoning Districts
Land Use:
The site has a future land use designation of Residential -High Density (RH)
which allows a density of 15 DU/ ACto 20 DU/ AC, for a total144 dwelling units.
The proposed SPA development represents a 45% reduction of potential
developable units on the subject property.
Zoning:
The western portion of the property, to a depth of approximately 150 feet, is
currently zoned Commercial Limited (CL). This zoning district is for low intensity
business and commercial uses generally intended to serve neighboring
residential development. The remainder of the property is currently zoned
Residential, General, Multi-Family (RG-M) and is intended for medium to high
density multi-family development. The proposed SPA zoning will provide the
developer with flexibility and development alternatives not possible under the
standard RG-M zoning district, and will allow unified design elements, while
harmonizing with the surrounding area.
The land use designations and zoning districts for parcels adjacent to the subject site are shown below. The
proposed residential development is compatible with surrounding land uses.
201 MAYPORT ROAD
AGENDA ITEM# 2
FEBRUARY 24, 2014
Future Land Use Designations and Zoning Districts for Adjacent Parcels
Direction Future Land Use Category Zoning District
East Residential -High Density (RH) Residential General, Multi-
Family (RG-M)
West Commercial (CM) Commercial General {CG)
North Residential -Low Density (RL) Commercial Limited (CL) and
Residential, Genera I, Multi-
Family (RG-M)
South Commercial (CM) Commercial General (CG)
Source: COAB Future Land Use and Zoning Maps
Ill. Permitted and Prohibited Uses
The following section lists the permitted uses for the 201 Mayport Road SPA.
• A mixture of single-family dwelling units; duplex, triplex and quadplex buildings sold as
fee simple units; in total, not to exceed 80 units
• Privately maintained Neighborhood Park with ancillary amenity building or structures
• Privately maintained common open space which may include
• Stormwater enhancements
• Community Gardens
• Community Amenity Facility
• Mail Kiosk I Gazebo I Fire Pit I Other community amenities
• Accessory Structures on individual lots (rear yard only)
• Detached garages I carports
• Storage Shed
• Residential scaled fencing less than 42" in height within internal portions and western
frontage of the development
• 6' in height screen fencing I wall for the north, south and east perimeters
• Temporary Sales and Construction Trailers
IV. Development Density
The SPA rezoning requests a maximum of 80 dwelling units representing a density of 11.2 units per acre. This
represents a 44% reduction below the maximum density of 20 dwelling units per acre allowed by the Residential
High Density land use designation; and a 20% reduction from the prior residential development.
V. Development Standards
Development standards have been created to ensure contextual design elements. This section describes the
various types of development standards proposed for 201 Mayport Road. The current SPA site plan reflects a site
plan version with 78 dwelling units, which includes a mixture of single-family units, duplex, triplex and quadplex
buildings in which units will be sold fee simple. The intent of this SPA is to allow Beaches Habitat the flexibility to
alter the unit type based upon customer demand, while maintaining a maximum density of 80 total units.
The developer is required to meet all portions of the COAB Land Development Code (LDCL unless stated within the
following development standards text and waiver section of the SPA requirements.
Page 2 of 9
201 MAYPORT ROAD
AGENDA ITEM# 2
FEBRUARY 24, 2014
A. Buildings and Lots: The following table lists the proposed lot and building requirements for the development.
lot and Building Requirements
Maximum allowed density per land 20 units/acre
use
Proposed density 11.2 units/acre
Maximum number of units 80
Maximum Lot coverage by Parcel* Parcel Type 1 (Single Family): 65%
Parcel Type 2 (Duplex): 65%.
Parcel Type 3 (Triplex): 65%
Parcel Type 4 (Quadplex): 65%
Minimum lot width (rectangular Parcel Type 1 (S.F.): Min. Width-32 feet; Min. Area-2,900 s.f.
shaped lots only) and Minimum Lot Parcel Type 2 (Duplex): Min. Width-50 feet; Min. Area-4,600 s.f.
Area by Parcel* Parcel Type 3 (Triplex): Min. Width-68 feet; Min. Area-6,250 s.f.
Parcel Type 4 (Quadplex): Min. Width-84 feet; Min. Area-7,725 s.f.
Average Lot coverage by Individual End Unit: 60%
units within a Duplex, Triplex or Inside Unit: 75%
Quadplex Parcel* (Note:
In total, the Parcel Type allows for a Maximum Lot Coverage Of 65%)
Minimum lot width (rectangular End Unit: Min. Width-26 feet; Min. Area -2,300 s.f.
shaped lots only) and Minimum Lot Inside Unit: Min. Width-16 feet; Min. Area -1,450 s.f.
Area by individual units within a
Duplex, Triplex or Quadplex Parcel*
Minimum Lot Frontage for Any For irregular shaped lot, the minimum frontage can be no less than 10' less
Irregular Shaped Lot than minimum lot width
Minimum floor area (per unit) 1,000 SF (enclosed air conditioned living area)
Maximum building height 35 feet, principle dwelling; 15 feet, accessory structure-Per COAB LDC
Minimum Primary building separation 10 feet
Minimum front setback (rectangular Parcel Types 1-4: 8 feet open air porches,
shaped lots only)* 12 feet exterior building wall
Minimum front setback (irregular Parcel Types 1-4: 4 feet for open air porches
shaped lots)* 8 feet for exterior building wall (for a maximum one unit
per building) most closely located to the irregular portion of the lot front
boundary.
Minimum side setback (all All Parcel Types: 5 feet
structures)* All Corner Lots: To maintain a clear sight triangle at intersections, no
obstructions to vision exceeding 4feet in height shall be allowed within the
straight line connection of a 10 foot offset from the intersecting right-of-
way lines of two streets.
Minimum rear setback (principal Parcel Type 1-4: 15 feet
dwelling)*
Minimum Driveway I Parking area 3 feet from side property line I Parking space dimension begins 2 feet from
Setback property line.
Accessory Structure Setback 3 feet from side or rear lot lines; not allowed in front of unit
* These relate to specific areas where we are requesting waivers. See page 8.
Page 3 of 9
201 MAYPORT ROAD
B. Projections into Required Yards:
AGENDA ITEM # 2
FEBRUARY 24, 2014
Stoops, balconies, awnings, bay windows, and roof overhangs may encroach into the required front yards, not to
exceed 3 feet. Side and rear yards shall be measured from the property line to the outside wall of the principal
structure. Projections may occur within the required side and rear yards, such as roof overhangs and bay windows,
but shall not exceed two feet. In addition, chimneys may project up to one foot into the side or rear yard.
C. Swimming Pools and Hot Tubs:
In-ground swimming pools and hot tubs are permitted. Pool enclosures should be located only at the rear of the
property and shall be no wider than the width of the principal structure. The minimum side yard setbacks for pools,
decks, and pool enclosures shall be equal to the side yard requirements of each residential lot, as noted in the Lot
and Building Criteria section of this SPA. Pools that do not contain a screen enclosure shall have a minimum of a
five foot setback, including deck, from the rear property line. Above ground hot tubs are permitted with
architectural review approval of the site and landscaping. No above ground swimming pools are permitted. All
pools shall meet current COAB LDC standards. Although not currently planned for, the community is permitted to
construct an HOA managed community swimming facility within the common opens space area at a future date.
D. Buffering, Landscaping and Vegetation:
There are many sections where this SPA eSCEEDS the required landscape requirements by the COAB LDC. This has
been done through additional landscaping and buffering to the surrounding commercial and residential properties
to the north, south and east. Furthermore, the community will have enhanced landscaping within the internal loop
road of the development. All landscaping within the rights-of-ways, alley ways, and common open space will be
commonly maintained and replaced by the HOA. All landscaping commonly maintained by the HOA requires
irrigation. Residents within the community will not be allowed to remove any installed landscaping within the
commonly maintained areas managed by the HOA.
It is currently envisioned that Individual lot landscaping will be maintained by the individual property owner. The
residential buildings include a small storage area on the rear side of each unit to house lawn equipment.
The applicant will include the landscape plans as a part of the Preliminary Site Plan submittal to COAB.
D.l: Mayport Road Landscape Enhancement:
A ten foot wide landscape enhancement shall be provided along Mayport Road (SR AlA) per the Commercial
Corridor Code under Division 7, Section 24-171. This landscape enhancement area may include walls and/or
fencing not to exceed 42 inches in height, and community sidewalks. The intent of this landscape enhancement is
to include a residentially scaled landscape buffer to Mayport Road to include a curvilinear row of shrubs, and a
mixture of understory trees, and palm trees.
Shrubs I native grasses within this enhancement area will be planted with a 7 gallon container at time of
installation to provide an instant landscape screen. Shade trees will not be planted within this enhancement area
due to the proximity of the power lines along Mayport Road. Understory trees and palm trees will be planted no
less than one tree for every 50 linear feet within this enhancement area. Trees may be clustered but shall be no
more than 75 feet apart. For the purpose of this enhancement area, understory trees will be planted with a
minimum caliper 3 inch; or if multi-stem, a minimum of 3 stems that total3 inches in caliper size; or palm trees with
a minimum 10 foot clear trunk.
D.2: Northern and Southern Perimeter Landscape buffer:
Although not required by code, a five foot wide landscape buffer has been located adjacent to the northern and
southern property boundaries that abuts the commercial developments. This Landscape Buffer has been
considered and incorporated into the side yards of individual lots and alley widths. This will include a continuous
landscape area with shrubs, ground covers, tree coverage, mulch and grass. No less than one tree for every 50
linear feet shall be planted within this buffer. Trees may be clustered but shall be no more than 75 feet apart.
Page 4 of 9
201 MAYPORT ROAD
AGENDA ITEM# 2
FEBRUARY 24,2014
These Perimeter Buffers may also include a visual screen where existing fencing/walls are acceptable, which maybe
a six foot tall wood, or masonry wall, or landscaping. Planted trees within these buffers will be planted with a
minimum 2" caliper trunk and/or palm trees with a minimum 8 foot clear trunk.
0.3: Eastern Perimeter Buffer:
Although not required by code, a five foot wide landscape buffer has been located between the alley pavement and
the abutting property to the east. The adjoining property includes a six foot black aluminum picket fence. This
buffer will include a continuous landscape area with shrubs, ground covers, tree coverage, mulch and grass. No less
than one tree for every 50 linear feet shall be planted within this buffer. Trees may be clustered but shall be no
more than 75 feet apart. These Perimeter Buffers may also include a visual screen where existing fencing/walls are
acceptable, which may be a six foot tall wood, or masonry wall, or landscaping. Planted trees within these buffers
will be planted with a minimum 2" caliper trunk and/or palm trees with a minimum 8 foot clear trunk.
0.4: Interior Central Loop Road Right-of-Way Landscaping:
The Central Loop Road and Right-of-Way includes a boulevard entryway, which merges into a 2-lane roadway, then
to a one-way loop road around a central community park.
Although not required by code, the boulevard portion of the road shall include for a mixture of shade, understory
and palm trees, along with shrubs, ground covers, mulch and grass, within the internal median and outside the
edge of pavement within this segment of the right-of-way.
Although not required by code, the two-way portion of the Central Loop shall allow for a mixture of shade,
understory and palm trees, along with shrubs, ground covers, mulch and grass.
Although not required by code, the one-way loop road centered on a community park shall allow a similar mixture
of planting on the residential frontage portion of the right-of-way. As designed, the interior portion of the right-of-
way has been designed to allow use with emergency vehicles. No vegetation other than sod shall be allowed within
the first 3 feet of the back of pavement on the interior portion of this right-of-way to allow for an open 20 foot
width for emergency vehicles.
0.5: Interior Common Area Landscaping:
Common areas within the SPA shall allow landscaping at the developer's discretion.
0.6: Interior Individual Parcel Landscaping:
For the purposes of this submittal, other than single family units that will meet the interior lot requirements by
code, other required trees will be considered on a per parcel basis (building type). The minimum tree planting
requirements proposed will comply with the matrix below.
Parcel Type Typical SF Required Trees Provided Trees
Duplex Parcel 4,600 SF 1 u I 1 s 1U/1S
Triplex Parcel 6,250 SF 1 u I 2 s 2U/1S
Quadplex Parcel 7,725SF 2U/2S 2U/2S
The above matrix when evaluated over all of the duplex, triplex and quadplex parcels, equates to 40% shade trees
and 60% understory (U) trees, which is less than the required 50% shade (S) threes. It will be typical that where lots
abut each other, many of the larger shade trees will be placed in the rear of each parcel and on the property line
between two parcels, to allow for the greatest amount of room for the root ball to grow.
This reduction of shade tree planting on an individual parcel is off-set with the additional non-required planting that
has been provided across the entire development.
Page 5 of 9
201 MAYPORT ROAD
E. Entry Signage and Lighting:
AGENDA ITEM# 2
FEBRUARY 24, 2014
As permitted in Section 17-28 of the COAB LDC, identification signage bearing the development name may be
placed at the residential main entrance. "201 Mayport Road" sign age will include one ground mounted sign at the
entry located on Mayport Road within the landscaped median; or a combination of signage and columns that
incorporates two signs on the sides of the entry drive and a column with plaque within the median. Lighting of the
sign(s) will also be provided. Neighborhood Identification sign age and illumination shall comply with the maximum
sign area, sign height, and minimum setbacks of Section 17-28. Should neighborhood identification signage be
incorporated into two signs on either side of the entry drive, the combination of sign area shall be consistent with
the maximum 32 square feet as code requires. Any additional street signage will comply with the current COAB
LDC.
Street lighting will comply with the current COAB LDC and in accordance with JEA service agreements.
F. Vehicular Circulation, Project Access and Parking:
As shown on the Sketch Plan, the development will have two vehicular access points to Mayport Road. The main
entry road will consist of two-way traffic with 20 feet of pavement, measured from edge of asphalt to edge of
asphalt within a minimum 44 foot right-of-way. The boulevard portion of this main entry Road will include one way
drive aisles consisting of 15 feet of pavement measured from edge of asphalt to edge of asphalt. This main road
will transition to a one way loop road which consists of 15 feet of pavement measured from edge of asphalt to edge
of asphalt.
In keeping with the traditional neighborhood design, all of the homes will have parking in the rear off a 20 foot
alley-way. The alley will include a minimum of 14 foot of pavement, but will be maintained clear of vertical
obstructions for the entire width of the alley, other than where the alley is widened or abuts a perimeter property
boundary. A one-way exit drive to Mayport Road has been located close to the southern portion of the property
and is accessed within the internal alleyway system.
Upon completion Beaches Habitat reserves the right to deed the pavement areas that meet City Code within the
right-of-way and alley back to the City. The Community HOA will maintain all landscaping within the rights-of-way.
Parallel parking has been planned for along the main loop road and measures 8' x 22'in size to the edge of asphalt.
Each dwelling unit shall provide a minimum of two off-street parking spaces. Off street parking is sized at 9 feet
wide by 18 feet long. Parking has been designed to have a two foot setback from the rear or side property lines,
adjacent to the alleyways. This two foot off-set from the rear property line allows the alley way pavement area to
be expanded to 24 feet in width, which meets typical code, when parking is located on either side of the alley.
In certain situations, double tandem parking has been provided on irregular lots, but still accommodates two cars.
Although the site plan currently shows 32 additional visitor spaces, for the purpose of this SPA, at project build-out,
the development will require 1 visitor space for every 4 units or a maximum of 20 visitor spaces. Visitor parking
should be spread throughout the development.
G. Pedestrian Circulation and Recreation/ Open Space Amenities:
201 Mayport Road will feature a minimum four foot wide sidewalk within the right-of-way of the main loop road.
Additional sidewalk enhancements are located within the development. Where sidewalks abut the parking areas,
the sidewalk width may be a minimum of six foot wide when adjacent to either a grade transition, curb stop or
pavement transition. Common open space may include landscaping, surface and/or subsurface stormwater
enhancements, benches and/or shade structures (such as gazebos/mail kiosk). The area designated for the
community park, while currently planned for passive recreational use, could be used for a more active recreational
community amenity, such as a playground, community facility or swimming facility.
Page 6 of 9
201 MAYPORT ROAD
H. Fencing:
AGENDA ITEM# 2
FEBRUARY 24,2014
Residential fencing on individual units are limited to 42" height in both the front, side and rear property, unless
adjacent to the overall SPA perimeter boundary. Fencing will not be allowed in the front yards of individual parcels
fronting Mayport Road. Fencing material and appearance will be limited by the covenants and restrictions of the
HOA, but at minimum materials and style must be consistent with one adjoining lot. All fencing much be consistent
with the COAB LDC.
I. Accessory Structure:
Accessory structures shall comply with COAB LDC other than setbacks as described on page 3, Lot Table.
J. Utilities:
All Utilities will be located underground. Water and wastewater will be provided by the COAB and are available
within the vicinity. Existing overhead electric that runs along Mayport road will be retained.
K. Stormwater:
Stormwater retention and treatment will meet the requirements of the St. Johns River Water Management District
(SJRWMD), FOOT and COAB. Maintenance of the drainage facilities will be the responsibility of the 201 Mayport
Road Neighborhood Association, Inc.
L. Model Homes:
Beaches Habitat reserves the right to obtain a building permit for one model building per building type, prior to the
full site work, utility connection and stormwater enhancement being fully permitted. The certificate of occupancy
for such building cannot be attained until infrastructure for that designated phase is complete.
M. Home Occupations:
Any requested home occupations shall comply with COAB LDC.
N. Variances I Modifications:
Any variances to the site design criteria as specified in this SPA shall be processed in the same manner as specified
in Sec. 24-124 of the COAB LDC.
VI. Neighborhood Association
The common open space, retention areas, park and landscaping described in this text will be owned and
maintained by the neighborhood Home Owners Association, Inc., a Florida non-profit corporation, to be formed.
Membership in the association shall be mandatory for all property owners within the SPA development plan. As
discussed previously, Beaches Habitat reserves the right to deed the pavement areas within the right-of-way and
alley back to the City while still maintaining the common area landscaping.
VII. Deed Restrictions and Architectural Review Board
Prior to the sale of any lots, a "Declaration of Covenants, Conditions, and Restrictions for 201 Mayport Road"
(Declaration) will be prepared for this project. Architectural standards and use restrictions will be provided for in
the Declaration. An additional document containing design guidelines may be prepared which may outline the
specific design guidelines for the various lots, and the architectural and landscaping requirements for the project.
An Architectural Review Board may be established to review and approve or deny plans for each lot, based upon
the design guidelines document. Formulation of this Board and how it will be run will be provided in the
Declaration.
VIII. Phasing
201 Mayport Road will be constructed in phases to be determined based upon engineering criteria and market
conditions. Per COAB, LDC, any phase must include a vehicular accessible route for trash and emergency vehicles,
along with complying with that phase's stormwater enhancements.
Page 7 of 9
201 Mayport Road SPA Application Waivers
The following are the waivers requested:
201 MAYPORT ROAD
AGENDA ITEM# 2
FEBRUARY 24, 2014
1. Per section 24-171, Commercial Corridor, it references Div. 8 Landscaping which requires 50% of the
required trees along the Mayport frontage road be shade trees. Due to the adjacent overhead power,
shade trees are not permitted to be located in this proximity to the power lines; therefore, this buffer
will only include understory trees and palm trees.
2. Per Section 23-30, Minimum Tree requirements under Division 4 General provision, which is later
referenced by Division 8, For triplex parcels, we are requesting to 33% shade tree versus the required
50% shade tree requirement. Overalt there will be 40% shade trees on the development parcels. This
reduction of shade trees is off-set from the additional planting that has been provided elsewhere on
the property that is not required by code.
3. Per Section 23-30, Minimum Tree requirements under Division 4 General provision, we are requesting
to plant 3" caliper trees versus the required 4" caliper trees. This reduction in size is requested due to
availability of non-shade plant material along with costs, and is off-set from the additional planting that
has been provided elsewhere on the property that is not required by code. Please note, that only
required trees on-site are located on the individual residential parcels and the Landscape Enhancement
area to Mayport.
4. Per Sec. 24-88 which requires for "high density residential development, a minimum lot area of two-
thousand one hundred seventy-five (2,175) square feet for each dwelling unit." We request for duplex
units through quaplex units, that the outside unit have a minimum lot size of 2,300 SF, and inside units
have a minimum lot size of 1A50 SF.
5. Per Section 24-108 (d)(1) minimum lot area requirement for "Single-family dwellings" requires seven
thousand five hundred (7,500) square feet". Our single-family lot is 2,900 sf.
6. Per Section 24-108, minimum yard requirements, requires "Front Yard setback: Twenty (20) feet." Our
request is 8 foot from open porches (12 foot from building) for rectangular lots. On irregular lots we
request a minimum 4 foot for open air porches, 8 feet for exterior building wall (for a maximum one
unit per building) most closely located to the irregular portion of the lot front boundary.
7. Per Section 24-108, minimum yard requirements which requires "Rear Yard setback: Twenty (20) feet."
We request 15 feet.
8. Per section 24-108, minimum side requirements require:
a. Single-family dwellings: Combined fifteen (15) total feet and five (5) minimum feet either side.
b. Two-family (duplex) dwellings and townhouse: Seven and one-half (7.5) each side."
We request side setbacks of 5 feet. On corner lots: To maintain a clear sight triangle at intersections, no
obstructions to vision exceeding 4 feet in height shall be allowed within the straight line connection of a 10
foot offset from the intersecting right-of-way lines of two streets.
9. Per section 24-108, minimum lot width requirements of ten (10) feet. We request 32 feet for a single
family lot, 50 feet for a duplex parcel and 68 feet for a triplex parcel type.
10. Per section 24-108, Building Restrictions which requires "The building restrictions for the RG-M zoning
district shall be a 50% Maximum impervious surface. For Parcel Types 1 through 4 we request a 65%
maximum impervious surface. Furthermore, on the individual units we request an average 60%
impervious on exterior units and 75% impervious on internal units.
11. Per Section 24-151, Accessory Structures, Detached carports have a 5 foot side and rear yard setback
requirements, and private garages have a 10 foot rear and side yard setback. We request all accessory
structures have a minimum 3 foot side and rear yard setback.
Page 8 of 9
201 MAYPORT ROAD
AGENDA ITEM# 2
FEBRUARY 24, 2014
12. Per section 24-252 (i) cul-de-sac's require a minimum 50 foot right-of-way. We request a 44 foot right-
of-way for an approximate 200 feet in length.
13. Per section, 24-252 (c)(1) which states "Any subdivision of land, which creates more than ten (10)
residential lots shall provide two (2) separate access points, unless other provisions, such as permanent
easements, are made for emergency ingress, and provided that such entrances will not adversely affect
the street system." We are providing two access points however, only one will be for ingress.
Page 9 of 9
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AGENDA ITEM# 2
FEBRUARY 24, 2014
AGENDA ITEM# 2
FEBRUARY 24,2014
SECOND FLOOR
DUPLEX FRONT ELEVATION
201 MAYPORT ROAD
BEACHES HABITAT FOR HUMANITY
ATLANTIC BEACH, FLORIDA
TWO 3-BEOROOM HOMES
AGENDA ITEM# 2
FEBRUARY 24, 2014
~ile,Hhn
~Habitat
tiqJ IV for Hum~nlty'
AGENDA ITEM # 2
FEBRUARY 24,2014
ORDINANCE NO. 90-14-221
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
DUVAL COUNTY, FLORIDA, REZONING PARCEL
IDENTIFICATION NUMBER 177649-0000 FROM
COMMERCIAL LIMITED (CL) AND RESIDENTIAL
MULTI-FAMILY (RG-M) TO A SPECIAL PLANNED AREA
(SPA) AS PERMITTED BY SECTIONS 24-116 THROUGH
24-126 OF THE CODE OF ORDINANCES TO ALLOW A
MAXIMUM OF EIGHTY (80) RESIDENTIAL UNITS,
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
FINDINGS OF FACT; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE AND RECORDING.
AGENDA ITEM# 2
FEBRUARY 24, 2014
WHEREAS, the City Commission of the City of Atlantic Beach, Florida, finds the
application for a Special Planned Area (SPA) at 201 Mayport Road by the Beaches Habitat for
Humanity, Inc. shall provide for orderly growth; encourage the appropriate use of land; protect
and improve the health, safety, comfort, good order, appearance, and general welfare of the
public and serve to continue consistency with the Comprehensive Plan; and
WHEREAS, after required notice was published, a public hearing was held by the
Community Development Board on the 19 1h day ofNovember 2013 at 6:00p.m. Introduction
and First Reading of the proposed ordinance by the City Commission was held on the 24th day of
February 2014 at 6:30p.m. Second Reading of the proposed ordinance and a public hearing to hear,
consider and adopt said ordinance was held on the 1Oth day ofMarch 2014 at 6:30p.m.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Zoning Change Approved. That the application of the Beaches Habitat for
Humanity, Inc., the property title owner of record as indicated in file number SPA-13-00100075,
ORDINANCE NO. 90-14-221
Page 1 of5
AGENDA ITEM# 2
FEBRUARY 24, 2014
along with supporting documentation for the Special Planned Area submitted to the City of
Atlantic Beach, Florida on October 16t11 , 2013, which is attached hereto as Exhibit A and
incorporated as part of this ordinance, is approved and the zoning classification shall be changed
for approximately 7.2 acres as described by the legal description of parcel identification number
177649-0000 attached hereto as Exhibit B from Commercial Limited (CL) and Residential
Multi-Family (RG-M) to a Special Planned Area (SPA) as permitted by Sections 24-116 through
24-126 of the Code of Ordinances to allow a maximum of eighty (80) residential units.
SECTION 2. Development. That development of the lands within this Special
Planned Area shall proceed in accordance with the application of the Beaches Habitat for
Humanity, Inc., in file number SPA-13-00100075, along with supporting documentation, and
incorporated as Exhibit A by reference and made part of this ordinance.
SECTION 3. Special Condition. Development within this Special Planned Area
shall be similar to and consistent with the design concepts, architectural designs, quality of
building materials to be used, styles depicted within renderings and drawings as contained
within the application in Exhibit A and presented before the City Commission.
SECTION 4. Findings of Fact. The need and justification for approval of the Beaches
Habitat for Humanity's application have been reviewed and considered in accordance with
the Comprehensive Plan, Land Development Regulations and applicable zoning regulations
whereby the City Commission finds:
A. The application for a change in zoning to a Special Planned Area from Commercial
Limited (CL) and Residential Multi-Family (RG-M), has been considered fully
following a public hearing before and a recommendation from the Community
Development Board and after public hearing before the City Commission with legal
ORDINANCE NO. 90-14-221
Page 2 of5
notice duly published as required by law.
AGENDA ITEM# 2
FEBRUARY 24,2014
B. The Beaches Habitat for Humanity's application for a Special Planned Area is
consistent with the 2020 Comprehensive Plan Future Land Use Map, as amended, and
the future land use designation of Residential High Density. Moreover, the proposed
project is generally compatible with the adjacent properties.
C. The Beaches Habitat for Humanity's application for a Special Planned Area is
consistent with the Land Development Regulations, specifically Division 6,
establishing standards for Special Planned Areas. Further, the specific land to be
redeveloped consisted previously of a higher residential density, ninety-eight (98)
multi-family complex, and said lands to be redeveloped are not composed of open
land, water, marsh and wetland areas.
D. The Beaches Habitat for Humanity's application for a Special Planned Area does not
adversely affect the orderly development of the City, as embodied within Chapter
24, specifically Article III, Division 6 of the Land Development Regulations and
within the Comprehensive Plan.
E. The Beaches Habitat for Humanity's application for a Special Planned Area is
consistent with the stated definition, intent and purpose of Special Planned Areas
relating to a change in zoning and the site development plan.
F. The zoning district designation of a Special Planned Area and the specific uses and
special conditions as set forth herein are consistent and compatible with surrounding
development and the proposed site development plan will not adversely affect the
health and safety of residents in the area and will not be detrimental to the natural
environment or to the use or development of adjacent properties or the general
ORDINANCE NO. 90-14-221
Page 3 of5
neighborhood.
AGENDA ITEM# 2
FEBRUARY 24, 2014
SECTION 5. Conflict. In the event of any conflict between the request and supporting
documentation contained in Exhibit A and this ordinance, the provisions of this ordinance shall
prevail. If any portion of this ordinance is in conflict with any portion of any other ordinance,
then the provisions of this ordinance shall govern. To the extent they do not conflict with the
unique specific provisions of this Special Planned Area, all provisions of the Land Development
Regulations, as such may be amended from time to time, shall be applicable to this
development; except that modifications to this Special Planned Area by variance or special use
shall be prohibited except as allowed by the Land Development Regulations, and except to the
degree that the development may qualify for vested rights in accordance with applicable
ordinances and laws. Notwithstanding any provision of this ordinance, no portion of any
Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land
Development Regulations shall be deemed waived or varied by any provision herein.
SECTION 6. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 7. Effective Date and Recording. This Ordinance shall take effect
immediately upon its final passage and adoption and shall be recorded in a book kept and
maintained by the Clerk of the City of Atlantic Beach, Duval County, Florida.
ORDINANCE NO. 90-14-221
Page 4 of5
AGENDA ITEM# 2
FEBRUARY24, 2014
PASSED by the City Commission on first reading this 24th day of February 2014.
PASSED by the City Commission after public hearing on second and final reading this
lOth day of March 2014.
ATIEST:
DONNA L. BARTLE,
City Clerk
CAROLYN WOODS,
Mayor, Presiding Officer
Approved as to form and correctness:
RICHARD KOMANDO,
City Attorney
ORDINANCE NO. 90-14-221
Page 5 of5