Exh 8CAGENDA ITE11'I #tsC
MAY 23, 2005
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Request by Prosser Hallock Planners and Engineers, on behalf of
• Bridge Tenders, LLC, to waive the 365-day time period (as set forth in Sec. 24-62 of the
Land Development Regulations), to permit the City Commission to take action prior to
November 08, 2005, following denial of the previously requested change in Zoning District
• Classification for Johnston Island.
• SUBMITTED BY: Sonya Doerr, AICP ~~
Community Development Director
DATE: May 16, 2005
BACKGROUND: The rezoning application for the proposed Johnston Island PUD was
denied by the City Commission on November 08, 2004. (The companion Comprehensive Plan
amendment changing the future land use designation of a portion of the property to 3.6 acres of
Residential, Low Density and 0.5 acre of Commercial was approved and is now effective.)
Section 24-62 of the Land Development Regulations (below) prohibits the City Commission
' ~ from taking action on another substantially similar rezoning application for a time period of 365
days from the date of denial, which would be November 08, 2005.
' " Sec. 24-62. Change in Zoning District Classification.
. , (e) Following the public hearings, the City Commission, by ordinance, may change the Zoning
' District classification of said petitioners, or it may deny the petition: In the case of denial,
' " the City Commission shall thereafter take no further action on another application for
.. substantially the same proposal, on the same premises, until after 365 days from the date of
the denial.
The Johnston Island property owners, Bridge Tenders LLC, have requested that the Commission
waive this time limit, allowing the PUD application to be formally re-submitted, reviewed,
scheduled for the public hearing and consideration by the Community Development Board, then
• proceed to the City Commission for action in accordance with the public hearing and rezoning
procedures set forth in Chapter 24 prior to the 365-day time period.
The request presents two issues for the City Commission to consider: 1) whether the proposed
application would be substantially different so that it may now be submitted to commence the
rezoning application process, and 2) does the City Commission have authority under the current
ordinance to waive the 365-day time limit. Planning staff and the City Attorney offer the
following comments related to both issues for the Commission's consideration.
1) In order for action to be taken on the rezoning application prior to November 08, 2005, the
applicant must provide facts to clearly demonstrate that the new PUD application will be a
substantially different proposal than the application that was denied last November. Such
AGENDA ITEM #SC
NIAY 23, 2005
information has not been provided to the City as of this date. (If the new PUD was
determined to a substantially different proposal, then a waiver of the 365-day time limit
would not be necessary.)
2) The 365-day time limit to re-apply following the denial of any zoning related application has
been in place many years, and to stafFs knowledge, this provision has not previously been
waived. The applicant is entitled to make this request, however, it is the City Attorney's
opinion that this is not a "waive-able" provision, but would rather require an amendment to
the current ordinance. (See attached letter from Alan Jensen.) Planning staff and the City
Attorney would not advise such a change to the ordinance.
.. BUDGET: No budget issues related to this request.
RECOMMENDATION: Based upon information provided as of this date, Planning staff
cannot find that the PUD application would be a substantially different proposal than the
previous application denied on November 08, 2004. Further, the City Attorney advises that the
365-day time limit for City Commission action cannot be waived.
ATTACHMENTS: Legal opinion provided by City Attorney and letter from Prosser Hallock
on behalf of Bridge Tenders, LLC.
REVIEWED BY CITY MANAGER:
•.------
May 23, 2005 regular meeting
. 2
AGENDA ITEiLI #SC
I4IAY 23, 2005
ALAN C. JENSEN
Attorney at I.aw
,. 935 North Third Street.
' ~ ~ ~ Post Office I3ox,50457 ~ ~ -, ~ .' _.
. ~ - • ..Jacksonville Reach, Florida 32240-0457 .. ~ .
James R. Hanson, City Manager. ,
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
RE: Johnston Island PUD Rezoning Application
Dear Jim:
I understand that the owners of Johnston Island have submitted an application for a change in the
zoning district classification on their property. The previous request fors. change-,of zoning, on this
~propety was~'deriied by the City Commission on November 8, 2004. .. ~ . _, ~ ?~~::::. "_ •':~::
Pursuant to Section 24-62 of the'A:tlaiitic;Beach Code~of Ordiriailces; the City Commission can take
no further action on another application for substaritially~ the same proposal (change of zoning) on
the same premises until after 365 days from the date of denial. It is therefore my opinion that the
City Commission cannot take any action on the new application for a change in zoning until after
November 8, 2005. This is assuming that the new application is substantially the same as the prior
, application.
Furthermore, there is no obligation on the City Commission to change the existing ordinance•which
. requires the 365-day waiting period. If the City Commission were to consider changing the
ordinance, they would need a valid reason to do so, and would have to consider the affect of any
such change on other ,ordinances, such as a similar waiting period that exists when a request for
variance is denied.
• • Please contact me if I can provide any further information or assistance to you in this regard.
.. ACJ/sky
Cc: Sonya B. Doerr
Very truly yours,
AGENDt1 IT):itil #8C
iVIAY 23, 2005
~'rc~ss~r ~~.l~~c~C
PLANNCRS & CN6INCCR~
May 13, 2005
Sonya B. Doerr, AICP lea facsimile 247.S8D5
Community Development Director
City of Atlantic Beach
800 Srminole Road
Atlantic Beach, Florida 32233-5445
Y21r: Johnston Island PUD
Prosser HallockYtef. No. 103043.01
Dear Sonya:
4n behalf of our client, Bridge Tenders, L.L.C., I would like to request the City Commission waive the 365-
day time period, as set forth in Sec. 24-62. of the City's Land pevelopmrnt Regulations, thereby allowing
Bridge'I'enders L.L.C. to reapply for a change in Zoning District Classification following denial of the
previously requested Change in 'toning District Classification from Conservation (CON) to Planned Unit
Development (PUD) for Johnston Island.
'1'}~ now PUD rezoning application dated May 18, 2005 is different from the proposal previously considered
by the City. This new PUD offers tlu'ee altemativc forms of redevelopment of Johnston Island: detached
single family lots, attached single family townhomes units, or a private yacht club with residential and non-
residential amenities. This new proposal reflects many of the concerns expressed by the Community
Development 9oard, City Commission and citizens of Atlantic Brach who shared testimony at the many
public hearings this project has been considered at. It is our hope that the Commission can see to it that this
. new application could be considered in the near future.
Should you have any questions or require additional information, please do not hesitate to call. Thank you
for your titnx and attention.
With kindrebards,
PROSSEft ~IALLOCK, INC.
.
Anthony . Robbins, AICP
.. Senior Planner
.. Copy: Ronald Zajack, Bridge Tenders, L.L.C.
Paul Harden, Esq.
13401 Sut1m1 Pork Drive South, S+fte 200 lecluomille, Aoin+a 32T24-D2Z4
p •904.]39.3655 f •404,130.3413 ~ • info®piosselhdiak.can