Exh 7BAGENDA ITEM #7B
AUGUST 8, 2005
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Introduction and first reading of proposed Ordinance 52-OS-03,
related to application REZ-2005-02, Johnston Island PUD, submitted by Prosser Hallock
on behalf of Bridge Tenders, LLC. Said ordinance seeks to rezone approximately 7.5
acres from Conservation to Planned Unit Development. The proposed plan of
development contains ten residential lots and a 25-slip private marina and marina club
with parking, associated amenities and accessory uses, open space and submerged lands
occupying the remainder of the site.
SUBMITTED BY: Sonya Doerr, AICP / rl
Community Development Director
DATE: July 29, 2005
BACKGROUND: See attached Staff Report prepared for Community Development Board
meeting of July 19, 2005.
. ~ BUDGET: No budget issues related to this request.
RECOMMENDATION: Recommend approval upon first reading of proposed Ordinance
52-OS-03, enacting the Johnston Island PUD, consistent with the recommendation of the
Community Development Board. (Public hearing scheduled for regular City Commission
meeting on August 22, 2005.)
ATTACHMENTS: Staff Report and draft minutes from the July 19, 2005 Community
Development Board meeting, proposed Ordinance 52-OS-03 and supporting documents related
' ~ to the Johnston Island PUD.
REVIEWED BY CITY MA AGER:
August 08, 2005 regular meeting
AGENDA ITEM #7B
AUGUST S, 2005
ORDINANCE NUMBER: 52-OS-03
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS
AS DESCRIBED HEREINAFTER FROM CONSERVATION (CON) TO
PLANNED UNIT DEVELOPMENT (PUD), SAID LANDS TO BE KNOWN AS
THE JOHNSTON ISLAND PUD; PROVIDING FOR SPECIAL CONDITIONS;
PROVIDING FINDINGS OF FACT; PROVIDING A SAVINGS CLAUSE;
REQUIRING RECORDATION; AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that
' ' the change in Zoning District designation enacted by this ordinance shall provide for orderly growth;
encourage the appropriate use of Land; protect and conserve the value of property; prevent the
overcrowding of Land; promote, protect and improve the health, safety, comfort, good order,
.appearance, convenience, and general welfare of the public and serve to establish consistency with
the Comprehensive Plan, and
WHEREAS, after required notice was published, a public hearing was held by the
Community Development Board on the 19th day of July, 2005 at 7:OOpm. Introduction and first
reading of the proposed Ordinance by the City Commission was held on the 08th day of August,
2005 at 7:15pm. Second reading of the proposed Ordinance and a public hearing to hear, consider
' ' and adopt said Ordinance was held on the 22nd day of August, 2005 at 7:15 p.m.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. That, as requested by Prosser Hallock, Inc. Engineers and Planners on behalf
of Bridge Tenders, LLC, the title owner of record as identified in the application (File Number REZ
2005-02) along with supporting documents for the zoning change submitted to the City of Atlantic
Beach, Florida on June 08, 2005, hereinafter known as the JOHNSTON ISLAND PLANNED
UNIT DEVELOPMENT (PUD) application, which is attached to and made part of this Ordinance,
the zoning classification of lands as described by legal description within Section C, Property
Identification, of the attached PUD narrative, is hereby changed to Planned Unit Development
(PUD).
' SECTION 2. That development of the lands within this Planned Unit Development shall
proceed in accordance with the PUD Application and Exhibits, as attached to this ordinance, first
filed June 08, 2005, and other supporting documents, which are a part of File Number REZ-2005-02,
and incorporated by reference into and made part of this Ordinance. In the case of conflict
between the application, the supporting documents, and the provisions of this Ordinance, the
provisions of this Ordinance shall prevail.
Ordinance 52-OS-03 Page 1 of 3
SECTION 3. Special Condition: Development within this PUD shall be similar to, and.
consistent with the design concept and architectural designs and styles depicted within renderings
and drawings as contained within the PUD application, which are made part of this PUD ordinance.
SECTION 4. Findings of Fact: The need and justification for approval of the JOHNSTON
ISLAND PUD have been considered in accordance with the Comprehensive Plan and the Zoning,
Subdivision Land Development Regulations and, whereby, it is found that:
1. This request for rezoning has been fully considered following a public hearing before and a
recommendation from the Community Development Board and after public hearing before
the City Commission with legal notice duly published as required by law.
2. This request for rezoning, and the detailed plan of development, is consistent with the 2015
Comprehensive Plan Future Land Use Map, as amended, and the designations of those lands
as described within this application as Residential, Low Density and Commercial.
3. This rezoning from Conservation to Planned Unit Development is consistent with the Land
Development Regulations in that the specific land to be redeveloped pursuant to this PUD
has consisted of previous uses defined ~by the Land Development Regulations as residential,
Commercial General and Light Industrial and Warehousing, and said lands to be redeveloped
are not composed of open land, water, marsh and wetland areas.
4. This Planned Unit Development does not affect adversely the orderly development of the
City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land
Development Regulations, and within Comprehensive Plan.
5. The proposed Planned Unit Development is consistent with the .Land Development
Regulations, specifically Division 6, establishing standards for Planned Unit Developments.
This rezoning and development of this Planned Unit Development will proceed in
accordance with Chapter 24, Article III, Division 6 and will accomplish the objectives.and
meet the Standards and Criteria of Section 24-134, as well as Article IV, Division 5, of this
Chapter.
. 6. The zoning district designation of Planned Unit Development, and the specific uses and
special conditions as set forth within this PUD, aze consistent and compatible with
' surrounding development, and the proposed Planned Unit Development will not affect
adversely the health and safety of residents in the area and will not be detrimental to the
natural environment or to the use or development of adjacent properties or the general
neighborhood.
SECTION 5. To the extent they do not conflict with the unique specific provisions of this
PUD Ordinance, all provisions of the Land Development Regulations, as such may be amended from
time to time, shall be applicable to this development; except that modification to this PUD by
variance or special use shall be prohibited except as allowed by the Land Development Regulations,
Ordinance 52-OS-03 Page 2 of 3
and eYCept 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. 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, in accordance~with Section 125.68, Florida Statutes.
Passed upon first reading by the City Commission of the City of Atlantic Beach this 08th day
of August, 2005.
Passed and enacted, upon final reading and public hearing and adoption this 22nd day of
August, 2005.
John S. Meserve
Mayor/Presiding Officer
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Attest:
Donna Bussey
City Clerk
Effective Date:
Ordinance 52-OS-03 Page 3 of 3
AGIrNDA ITEM #7B
AUGUST 8, 2005
AGENDA ITEM 6.a
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COMMUNITY DEVELOPMENT STAFF REPORT
July 19, 2005 Public Hearing
REZ-2005-02, Johnston Island PUD
To: Community Development Board
From: Planning, Zoning and Community Development Department
Date: July 07, 2005
Subject: REZ-2005-02
Applicant: Prosser Hallock Engineers and Planners, Inc. .
on behalf of Bridge Tenders, LLC
13901 Sutton Park Drive, South, Suite 200
Jacksonville, Florida 32224-0229
Requested Change: Request to rezone approximately 7.5 acres from Conservation to PIanned
Unit Development.
Location: Generally located immediately north of the Atlantic Boulevard (SR 10)
bridge on the east side of the Intracoastal Waterway. The property is
known as Johnston Island.
Future Land Use: 3.6 acres Residential, Low Density (RL)
O.S acre Commercial (C1VI)
Remainder of site designated as Conservation (CON)
Surrounding Zoning: Conservation immediately surrounding the site; residential and
commercial zoning to the east within the City of Atlantic Beach; industrial
zoning to the west within the City of Jacksonville.
Surrounding Land Use: Intracoastal Waterway and marsh areas; abandoned restaurant, accessory
buildings and boat yard on site, commercial marine repair and industrial
shipyard to the west.
STAFF COMMENTS
This application seeks to rezone approximately 7.5 acres from Conservation (CON) to Planned Unit
Development (PUD) to permit redevelopment of the Johnston Island property consistent with the Low
Density, Residential and Commercial Future Land Use Map designations, which became effective in
' November of last year. The site contains 3.6-acres designated for residential land use and 0.5-acre
designated for Commercial Iand use. UndeveIopable and submerged lands occupy the remainder of
the site. The various components of the new PUD application and the development project, as now
proposed, are summarized as follows:
• Residential: The 3.6-acre residential portion of the PUD proposes ten residential lots. Lots will
' ~ be developed with asingle-family detached residence, and each lot may contain a smaller
accessory dwelling unit. Any such accessory dwelling unit cannot be leased or rented and must
remain in ownership with the main residence. The existing bridge tender's residence may also be
redeveloped as a residence, but in no case shall the total number of dwelling units in this PUD
exceed 21 units. The Applicant has committed to a neotraditional design concept and
architectural design that is similar to, and consistent with, the renderings as contained within the
PUD application.
• Commercial: The 0.5-acre commercial portion of the site will contain a parking area made of a
pervious surface and may also be developed with a structure not exceeding 5000 square feet
within two stories of heated and cooled space, which will be used for marina office, related
marina and accessory and support services. No other commercial activity shall be permitted.
• Marina Club: After further discussions with the Army Corps of Engineers (ACOE), the
Applicant has abandoned plans to redevelop the former Rumrunner's restaurant site with any
type of restaurant or commercial activity. A private marina club, with private dining facilities not
to exceed 250 seats is now proposed, and the club may be located on a floating structure subject to
City and ACOE approval. Any such floating structure would be served by City water and sewer.
Parking to serve~the private club will be contained on the commercial part of the site. The club
' dining facilities shall be operated in a manner typical to a private country club and shall not be
accessible to the public-at-large, but shall be limited to use by private club members and their
guests only. Membership requires payment of a minimum initiation fee of $2500 and minimum
' monthly dues of $100. No amplified music is permitted in association with the marina club.
• Marina: A 25-slip private yacht basin is proposed. No fuel sales will be permitted.
• Height: Height within the project is limited to a maximum of 35-feet, and the 5000 square foot
structure proposed for the 0.5-acre Commercial portion of the site is limited to two stories of
heated and cooled space.
• Utilities: Utilities will be located underground, and it shall be the developer's responsibility to
extend water and sewer lines from existing Atlantic Beach lines,to the serve the project.
• Access to existing resources: Access to existing fishing locations under the Atlantic Boulevard
. Intracoastal Waterway bridge shall not be restricted or changed by this project. Access to such
sites shall remain from the FDOTrfght-of--way as it now exists. Any private access gate will be
internal to the private Johnston Island property.
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.. • Traffic and access: The property is accessed by the existing FDOT roadway that was built
during the Atlantic Boulevard ICW bridge reconstruction. Use of this roadway and any required
' improvements shall be subject to FDOT permitting. FDOT will assess improvements needed to
serve the project, such as needed deceleration and acceleration lanes, once the project is submitted
to FDOT for review.
Engineering, environmental and construction permitting will be subject to extensive review by the
` City of Atlantic Beach, and various State and Federal agencies having regulatory authority over this
project. No City permits will be issued until permits from other agencies are in place.
Staff finds that this new PUD is consistent with the Comprehensive Plan land use map designations of
Residential, Low Density and Commercial, and that the proposed plan of development and the design
concept for the project also seem to be consistent with residential development in other parts of the
City as well as that generally expressed as a preferred form of development during ongoing
Community Character meetings. The proposed project also supports Comprehensive Plan Objective
A.1.3 -Maintaining Residential Character, which states that the City shall encourage future
development and. redevelopment, which retains the exceptionally high quality of life and the
predominantly residential character of the City of Atlantic .Beach.
Suggested Action to Recommend Approval of the Rezoning to PUD
The Community Development Board may consider a motion to recommend approval to the City
Commission of the Johnston Island PUD, a rezoning from Conservation (CON) to Planned Unit
Development (PUD) for lands as described within application File Number REZ-2005-02,
adopting the proposed ordinance, application and staff report and supporting documents, and
all terms and conditions as set forth therein, provided:
(Provide findings of fact similar to the following, and attach other conditions as may be
appropriate.)
1. This request for rezoning has been fully considered following a public hearing and
recommendation from the Community Development Board and after public hearing before
the City Commission with legal notice duly published as required by law.
2. This request for rezoning is consistent with Chapter 163.3194(1), Florida Statutes, requiring
that all actions taken in regard to Development shall be consistent with this Comprehensive
' Plan, and that all Land Development Regulations enacted shall be consistent with the adopted
Comprehensive Plan.
3. This request for rezoning, and the detailed plan of development, is consistent with the 2415
. Comprehensive Plan Future Land Use Map, as amended, and the designations of those lands
as described within this application (File Number REZ-2005-02) as Residential, Low Density
' and Commercial.
3
4. This rezoning from Conservation to Planned Unit Development is consistent with the Land
Development Regulations in that the specific land to be redeveloped pursuant to this PUD has
consisted of previous uses defined by the Land Development Regulations as residential,
Commercial General and Light Industrial and Warehousing, and said lands to be redeveloped
are not composed of open land, water; mazsh and wetland areas.
• 5. This Planned Unit Development does not affect adversely the orderly development ofthe City,
as embodied within Chapter 24, specifically Article III, Division 6 of the Land Development
Regulations, and as set forth within the Comprehensive Plan.
6. The proposed Planned Unit Development is consistent with the Land Development
Regulations, specifically Division 6, establishing standards for Planned Unit Developments.
This rezoning and development of this Planned Unit Development will proceed in accordance
with Chapter 24, Article III, Division 6 and will accomplish the objectives and meet the
Standards and Criteria of Section 24-134, as well as Article IV, Division 5 of the Land
Development Regulations.
7. The zoning district designation of Planned Unit Development, and the specific uses and
special conditions as set forth within this PUD, are consistent and compatible with
surrounding development, and the proposed Planned Unit Development will not affect
adversely the health and safety of residents in the area and will not be detrimental to the
natural environment or to the Use or development of adjacent properties or the general
neighborhood.
Su~~ested Action to Recommend Denial of the Rezoning to PUD
The Community Development Board may consider a motion to recommend denial to the City
Commission of the Johnston Island PUD, a rezoning from Conservation (CON) to Planned Unit
Development (PUD) for lands as described within application File Number REZ-2005-02,
provided:'
(Provide findings offact similar to the follotiving.)
' 1. This request for rezoning, and the detailed plan of development, is not consistent with the
• 201 S Comprehensive Plan Future Land Use Map, as amended, and the designations of those
lands as described within this application (File Number SSA-2005-02) as Residential, Low
Density and Commercial because
2. This rezoning from Conservation to Planned Unit Development is not consistent with the
Land Development Regulations because
3. This Planned Unit Development will 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 Comprehensive Plan because
4. The proposed Planned Unit Development is not consistent with the Land Development
Regulations, specifically Division 6, establishing standards for Planned Unit Developments,
- because
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Draft minutes of July 19, 2005 Community Development Board meeting
b. REZ-2005-02, Johnston Island PUD, Prosser Hallock on behalf of Bridge Tenders,
LLC. Public Hearing to consider and make a recommendation to the City Commission
related to proposed Ordinance 52-OS-03, an ordinance rezoning lands as described herein
from Conservation to Planned Unit Development. The application seeks to rezone
approximately 7.5 acres to Planned Unit Development (PUD). The proposed plan of
development contains ten residential lots and a 25-slip private marina and marina club.
Parking, associated amenities, accessory uses, open space and submerged lands occupy the
remainder of the site. The proposed project is generally located immediately north of the
Atlantic Boulevard (SR 10} bridge on the east side of the Intracoastal 'Waterway within
the City of Atlantic Beach.
Tony Robbins with Prosser Hallock, 13901 Sutton Park Drive, Jacksonville, representing
Bridge Tenders, requesting a recommendation of approval for a substantially changed
project. Mr. Robbins stated that he agrees with Ms. Doerr's staff report. Mr. Robbins
summarized the new project stating it would have up to 10 residential lots with a maximum
building height of 35-feet, a floating dock with a private restaurant that will require payment
of an initiation fee and monthly dues. The private restaurant will have a maximum of 250
seats and its use will be available only to club members. The club and restaurant will be
operated similar to a private country club. The architecture will be compatible with and
similar to that which has been described as preferred during the recent Atlantic Beach
community character meetings. The proposed new plan is consistent with the Comp Plan
. and also with ongoing community character preservation efforts.
Mr. Robbins stated that water and sewer would be provided by the City of Atlantic Beach
and will be constructed by and at the cost of the developer. There will not be any restriction
of current public access for fishing under the bridge: The FDOT~will continue to maintain
the access road to the island. Traffic on Atlantic Boulevard generated by this project will be
less than 1 percent of the adopted level of service volume.
Mr. 3acobson stated that he was unclear about who would be building the homes on
Johnston Island, and how the process of building would be reviewed to ensure that the
architecture is compatible with the architecture in Atlantic Beach and what is shown in the
application.
Ms. Doerr stated that, as the staff report indicates, the applicant has committed to build
' consistent with what is depicted and described in the application, and that any future owners
will be subject to all conditions and terms of this PUD.
Mr. Jacobson asked what happens when the lots are sold. Ms. Doerr replied that the
ordinance contains special language to ensure that this design and architectural concept is
required whenever the project is constructed.
Mr. Jacobson asked if Mr. Robbins could be more specific about what accessory dwellings
will be constructed at the site. Mr. Robbins replied that the accessory dwellings are smaller
residences, which a lot owner could choose to build, but these cannot be leased or rented
out. They are intended to be more like amother-in-law suite or possibly to be used by a
college student coming back home to live with his/her family.
Mr. Jacobson asked about the club, and asked if it would be for profit, and if so, does the
developer think that such a club would work at this location. Mr. Robbins replied that the
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Draft minutes of July 19, 2005 Community Development Board meeting
club will not be available for use by the general public, and that the club may never happen,
but it is provided for as described in the PUD.
Mr. Jacobson asked if there had been a business plan done for the proposed club. Mr.
Zajack responded by saying that no official plan has been done, but he has spoken to other
club owners. He also said that the dues for the residents to use the club would be a
minimum of $2500 dollars initially and $100 dollars a month. I-Ie also went on to say that
there are no other real yachting clubs in the area so they feel there is a demand.
Ms. Woods stated that she believes that the Board was talking about two different
developments at the same time. She had questions about the number of units, and stated that
the survey has a lot of easements. She wondered whether there would be permission to
build within in the easement and how much of the land can be built on.
Mr. Robbins responded that there are 10 lots, but the plan has flexibility allow for the
- smaller accessory dwelling unit on each lot if a homeowner so chooses. As for the question
on easements, Mr. Robbins stated that there can be no residential units built on the Corps
easement. Mr. Robbins confirmed that there are a total of 3.6 acres of buildable area.
Mr. Zajack explained the plan for the marina, which will be bulk-headed. Mr. Robbins
responded that there will be 25 slips inside the marina.
Ms. Woods stated that lot size is set forth in the PUD, but with a minimum lot size of 4100
' square feet, landscaping will be reduced. The Comprehensive Plan shows the land use as
. , RL. Ms. Doerr stated that the Low Density category allow up to 6 units per acre. Ms.
Woods questioned which zoning is compatible with the RL land use. Ms. Doerr responded
" " that a PUD or other residential zoning land use could be compatible. Ms. Woods questioned
.. the parcel size that could be permitted with the zoning. Ms. Doerr stated that straight
residential zoning designation could also be consistent with the Comp Plan, but that a PUD
' is probably a better zoning designation for this property since the City would not be able to
attach any special provisions under a straight residential zoning designation.
' Ms. Woods had questions about signs and whether they would be illuminated, and stated
. , that banner signs could not exceed 100 square feet and could be up for 60 days with permit.
Mr. Robbins responded that it is absolutely not the intent to change the signs every 60 days.
Mr. Jacobson stated that he believes that there will not be banners up all year round because
the people who have paid so much money to live on this island will certainly not want it that
way.
Mr. Burkhart stated that in the application it describes the minimum lot line to be zero,
which means that the neighbor is almost forced into the next yard. Mr. Robbins stated that
just because the lot line may be zero, residents may not use the zero lot line, it all depends
on the particular house plan.
Mr. Jacobson asked about the common wall paragraph on Wage 7 of the application and
what is common wall. Mr. Robbins replied that the first paragraph on Page ~ will be
removed from the application. This was inadvertently left in the text, but there will be no
common walls. Ms. Woods asked about the fire code and setbacks. Ms. Doerr stated that
all fire separation requirements of the Florida Building Code must be met.
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Draft minutes of July 19, 2005 Community Development Board meeting
Mr. Frohwein stated that it looked as if there was more than a half an acre of commercial
being developed. Mr. Frohwein asked whether it was reasonable to say that this area is
commercial and not residential, with all the parking to be commercial with one parking
space to 4 seats in the restaurant, and it seems that there should be 63 spaces. Mr. Robbins
responded by saying that all parking will have to meet the parking code of Atlantic Beach.
The parking plans and calculations will have to be shown on the future construction plans.
Mr. Burkhart stated that the floating club and parking will have to meet all Atlantic Beach
codes, and this may dictate the final size of the floating club.
Mr. Robbins stated that the marina will be subject to extensive permitting by the City and
state and federal agencies
Mr. Frohwein had comments about the setbacks. Mr. Robbins stated that the intent is to
give design flexibility, but that all construction must meet fire code requirements, but in no
case will a house be closer than 5 feet from the side lot lines. Mr. Frohwein noted that there
- was a 15-foot minimum front yard setback, but some language states that zero front yard
setback is allowed. Mr. Robbins stated that this is an error and that the front yard setback is
intended to be a minimum of 15-feet. Ms. Doerr also stated that the intent is for 15 feet for
the front yard setback, and she will verify that the documents correctly include this.
Mr. Frohwein noted that the minimum rear yard setback is 20-feet and asked where setbacks
were measure from. Ms. Doerr commented that setbacks are always measured from the
property lines. Mr. Frohwein referenced a flag lot, Lot 10, and asked if this application
calls specifically for 21 units. Mr. Robbins responded that it is for 10 lots with a maximum
of 21 units for the entire PUD
' Mr. Frohwein had questions about accessory units with 2 parking spaces, and questioned if
additional parking space for additional living spaces is going to create a problem in
providing for three parking spaces. Mr. Robbins stated that all required parking will be
' ' provided.
Mr. Frohwein asked what percent of the project would be landscaped. Mr. Robbins
responded by saying that the landscaping will meet whatever the City LDRs require.
Mr. Frohwein had questions about the height of fences. Mr. Robbins stated that, referring
to the application, the referenced 8-foot will be changed to six-foot maximum height for
any fence.
Mr. Frohwein addressed the code regarding banner signs, which says that banners are
allowed no more than 30 cumulative days in a calendar year, and said he felt it was fair to
ask for the same signage in Johnston Island. Mr. Robbins stated no objections and noted
that the first paragraph on page 8 would be stricken. Ms. Woods asked about what
appeared on page 7 concerning a ten-year construction sign. Mr. Frohwein asked why
should Johnston Island be different. Mr. Robbins stated to strike last paragraph on page 7,
and add language to simply state that the PUD would comply with the City's sign
regulations with respect to any construction signs.
Mr. Frohwein asked whether the roads are private and who would maintain them. Mr.
Robbins answered that all roads are private will be maintained by property owners, as stated
on page 9.
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Draft minutes of July 19, 2005 Community Development Board meeting
Mr. Burkhart expressed concerns about construction extending over the seawall. Mr.
Robbins suggested an amendment to Section g on page 6, to state that no structure shall
- extend over the sea wall.
Don Wolfson, 1725 Beach Ave, agreed with Ms. Woods, that this project has come a long
way, and commended the group for good questions, but expressed concerns about densities
in the PUD and the request for rezoning from conservation to Planned Unit Development.
Mr. Wolfson stated his opinion that he would like to see one unit per acre on the site. Mr.
Wolfson stated that the marina was very well designed. He expressed concern with the
density, and stated that the Board can give some feedback to the applicant.
No other persons spoke in opposition or in favor of this application.
Mr. Jacobson moved to recommend approval to the City Commission of an ordinance
adopting this PUD and including the modifications that were offered tonight,
specifically that a condition be included in the PUD ordinance requiring the
development to be consistent with architectural continuity of Atlantic Beach and with
.. that as depicted within the PUD application. The motion was second by Mr.
Burkhart.
.. Ms. Woods stated that she was still concerned that the residential and commercial uses will
not co-mingle. Ms. Woods asked that the PUD include statements defining what are
commercial uses and what are residential uses. Mr. Frohwein stated that there should also
be a site plan that clearly delineated what is residential and commercial. Mr. Robbins
offered to provide these items.
Ms. Woods recognized that construction in this development was compact the development;
and that this is a common planning tool to concentrate the development in order to preserve
' open space.
Mr. Doerr asked for confirmation that the proposed motion included the findings of fact as
set forth in the staff report. Mr. Jacobson stated yes.
Mr. Burkhart asked if the floating club and the parking lot will fit into a half acre. Mr.
Robbins replied yes, that both the floating club and the parking lot will fit into the half acre.
Mr. Robbins stated that the applicant will clarify the commercial and residential areas.
• Commissioner Sylvia Simmons, residing at 211 Beach Ave, addressed the Commission as a
resident, and stated that when you look at an apartment use, it is residential but it is also a
commercial venture in that the property is charging rent and making money as a result of
ownership. Ms. Simmons stated that you can have commercial and residential activities
simultaneously.
Ms. Woods asked if the only thing commercial would be the restaurant? Ms. Doerr stated
that the way that the project is designed, you could compare the club to a private country
• club with private dining facilities. Ms. Doerr stated that the floating restaurant is
considered commercial, and that there is no other land use category in the Comp Plan or in
the City Code to define it as anything other than commercial even though it is private and
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Draft minutes of July 19, 2005 Community Development Board meeting
not open to the public. Mr. Frohwein recommended a reduction in the density and stated
that the project is very concentrated. Mr. Frohwein stated that the narrow lots dictate that
everything will max out at 30 feet, and expressed concern that this may not be the best use
for the property. Mr. Frohwein stated that the proposed plan is intense. He stated that he
had concerns with traffic from the project.
Mr. Robbins stated that the density of the project has already been reduced to ten single-
family lots, which may or may not have an accessory unit on each lot. He also stated that
they have attempted to address all of the comments and concerns that have been made for
over a year, and they are interested in proceeding with the plan as it is now including those
changes that have been requested and offered this evening.
Mr. Frohwein stated that he certainly thinks that great strides have been made to improve
this project, and appreciates all efforts from the applicant. Mr. Jacobson stated that if this
PUD were proposed for Old Atlantic Beach, it probably would not be approved. He stated
that he had voted for tlae previous project, but that this plan is so much better. He believes
that the project has a good chance to succeed, even though it may be a little dense. The
' island is isolated from the rest of the city, and there is lots of open space around the island,
.. so there won't be a feeling of over crowding. Mr. Jacobson also stated that owners will
have the option to choose or not whether they want to live in this type of development.
.. Mr. Burkhart expressed his opinion that the project is clustered well, which greatly
increases the amount of open space. This PUD 'has evolved through massive resident
' reaction and response from the Commissioners and changes made by the applicant. He
agreed that the owner of the land has a right to use this land, and the current plan is a
reasonable and very fair compromise.
There being no more discussion, the vote was called. The motion to recommend
approval to the City Commission of the proposed PUD, with changes as discussed and
agreed to at this meeting, was approved by a 5-1 vote, with Mr. Frohwein dissenting.
7. Adjournment.
There being no further business, the meeting adjourned at 10:15 pm.
Signed
Attest
9
AGENDA ITEM #'7B
AUGUST 8, 2005
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ATLANTIC BEACH, FLORIDA
A PLANNED UNIT DEVELOPMENT
Prepared for:
Bridge Tenders, LLC
Prepared by:
'~~
Prosser Halloclc
PLANNERS & EN6INEERB
July 20, 2005
'_!
Prosser Halloclc
PLANNERS 6. EN ~INEERS
Table of Contents
Ordinance Number 52-OS-03
PUD -Application Form
PUD Narrative
A. Summary of the Platt ................................................... 2
B. Purpose and Lttent ..................................................... 3
C. Property Identification ................................................ 3
D. Existing Site Cfiaracteristics ......................................... 4
E. Development Plan ................................................... S
..
F. Pertttittetl Uses and Strrtcttrres ....................................... S
G. Development Standards ............................................... 6
H. Signage ................................................. 7
.................
I. Landscaping mtd Buffering ........................................... 7
J. Allocation of Residential Latrd Use .................................. 8
K. Lrterttal Compatibility .............................................. 8
...
L. Streetscape ............................................... 8
................
M. Treatment of Pedestrian Ways ....................................... 8
1V Use attd Yariety ........................................ 8
.................
O. Usable Opett Space ................................. 9
.....................
P. Off-street Parking Regtcirentents ............................ 9
.........
Q. Temporary Construction and Sales Trailers ........................ 9
R. I~tfrastrttctttre ............................... 9
.............................
S. Environmental and Cultural Resources ............................. 10
T. Ownership and Maintenance 10
..........................................
Exhibits and Attachments
ExfiibitA - Potential Arcftitectrtral Styles
Exhibit B -Potential Architectural Styles
Exhibit C-Marina/SFResidential Section
Exhibit D -Master Developtttettt Plan
PUD NARRATIVE ~ j'4HNS?"41~1'ISLAND
A. Surtctrcary of the Plart
Bridge Tenders, LLC (the "Developer") proposes to rezone approximately 7.5 acres (the "Site")
from Conservation to a mixed-use Planned Unit Development. The Site is generally located north
of the Atlantic Boulevard (U.S. Highway 90) Intracoastal Waterway bridge at the westernmost
extent of the municipal limits of the City of Atlantic Beach, Florida. The subject property is more
particularly described by Legal Description within following Section C.
' Johnston Island is planned to integrate single-family residential, recreation and limited supporting
commercial uses, with open space and associated amenities. Commercial uses within the PUD are
limited to the floating private club's dining facilities. All other uses are residential and accessory
' in nature and in a form not uncommon to private country clubs throughout Northeast Florida. The
vertically and horizontally mixed areas will be interconnected by pedestrian scale roadway and
sidewalk systems. Set within a suburban infill site, adjacent to existing regional transportation
' infrastructure, this mixed-use development is designed to promote contemporary conveniences for
both residents and visitors alike.
This PUD offers the City of Atlantic Beach an opportunity to promote redevelopment by
eliminating significant physical blight and structural deterioration. Without redevelopment
activities, this isolated island will certainly continue to erode and continue to be an eyesore at the
City's entrance containing dilapidated structures that will eventually collapse into the Intracoastal
Waterway.
The mixture of uses within the PUD may contain the following:
^ Ten (10) detached single-family units.
^ Opportunity for each lot to also contain a single smaller accessory unit which shall
remain in ownership with the principal residence, and which shall not be rented or
leased, and also potential reuse of the existing bridge tender's house as a single
dwelling unit. In no case shall the number of dwelling units on the Site exceed twenty-
one (21) dwelling units.
^ Floating two-story, private club, which may include dining facilities not to exceed 250
. seats with no outside speakers or amplified music, and subject to all federal, state and
local permitting requirements. The club dining facilities shall be operated in a manner
typical to private country club facilities and shall not be accessible to the public-at-
large, but shall be limited to use by private club members and their guests only. Club
membership shall include a minimum $2,500 initiation fee and monthly dues of at least
$100 plus food and beverage costs. The 0.5-acre commercial area may also include
. service, office and supporting uses for the marina use.
^ Pervious (coquina, gravel, pavers, or porous concrete) vehicular parking area and access
drive to reduce the amount of impervious surface.
^ Floating common dock on the east and north sides of the island accessible by all
residential units.
^ Docks on the west side of the island, parallel to the tide, for transient boat docking.
^ A safe harbor interior to the island containing a maximum of 25 slips. The marina shall
not be permitted to sell or dispense gasoline and shall make all reasonable efforts to
qualify as a "clean marina" as described in the current Florida Statutes.
^ Canoe/kayak landing area on a platform similar to the one at Castaway Island in
Jacksonville, subject to local permitting requirements.
-2-
PIJD NARRATIVE JOHN,~TQNISLAND
B. Purpose attd Intent
On November 08, 2004, the City Commission adopted Ordinance No. 31-04-03 amending the
City's Future Land Use Map designation of the Site. to 3.6 acres of Residential, Low Density and
0.5 acre of General Commercial. Pursuant to Chapter 163.3194, Florida Statutes, enactment of this
PUD, and the proposed development as set forth herein, shall create consistency with the
Comprehensive Plan and the underlying adopted future land use designations of the Site, which
provide for a maximum of twenty-one (21 }residential dwelling units on the residential portion of
the Site and commercial uses as limited herein on the 0.5 acre commercial portion on the Site.
It is the Developer's intent to create a diverse, functional and compact mixed-use development that
complements Atlantic Beach's character. In addition to facilitating the provisions of the 2010
Comprehensive Plan, the Johnston Island PUD will be used to emulate valued community features
such as smart growth design, integrated land uses, pedestrian oriented scale, and preservation of
natural site features and open spaces. The project layout is illustrated on attached Exhibit D, the
Johnston Island Master Development Plan.
The Developer stipulates and agrees to proceed with the proposed development in accordance with
this PUD Ordinance as enacted by the City Commission of Atlantic Beach, Florida. The term
"Developer" shall include any subsequent owner(s) or developer(s) of this Site.
The Project Team that formulated this PUD is listed below:
Developer
Bridge Tenders, LLC
P.O. Box 40925
Jacksonville, Florida 32203
Contact: Ron Zajack, Managing Director
Land Use and Transportation Planning
Prosser Hallock, Inc.
13901 Sutton Park Drive South, Suite 200
Jacksonville, Florida 32224
Contact: Anthony S. Robbins, AICP
Chad A. Grimm, ASLA
Alfred F. Kyle, III, P.E.
C. Property Identification
Legal Counsel
Law Offices of Paul Harden
1301 Riverplace Boulevard, Suite 2601
Jacksonville, Florida 32207
Contact: Paul Harden, Esquire
Environmental Planning
Environmental Resource Solutions, Inc.
1597 the Greens Way, Suite 200
Jacksonville Beach, Florida 32250
Contact: Nancy C. Zyski, C.E.P.
The Duval County Property Appraiser real estate identification number for the Site is 172391-
0000 and the physical address is 14001 Atlantic Boulevard. The Legal Description for the Site
is as follows:
Tract 1: That part of unsurveyed fractional Section 19, Township 2 South, Range 29 East,
lying North of the 100 foot right-of--way of Atlantic Boulevard and lying East of unsurveyed
fractional Section 24, Township 2 South, Range 28 East, and lying South of unsurveyed
fractional Section 18, Township 2 South, Range 29 East, and lying West of a line 200 feet
easterly (measured along the north right-of--way line of Atlantic Boulevard) of and parallel to
the east S00 foot right-of--way of the Intracoastal Waterway as shown on a map recorded in
Plat Book 14 page 70, of the current public records of Duval County, Florida.
-3-
.PUD NARRATIT~'
j(~~t.N~?'laN ISLAND
Subject However, to the Easement of the United States of America in and to the S00 foot right-
of=way of the Intracoastal Waterway described in Deed recorded in Deed Book S92 page 257,
said public records, and shown on a map recorded in Plat Book 14 page 70, said public
records.
' Subject further however, to the interest of the United States of America as set forth in
instruments recorded in Deed Books 698 at pages 421, 424, 427, 437, 440, 444, 448 said public
records, and by instrument recorded in Deed Book 809 page 167, said public records.
Tract 2: Section 24, Township 2 South, Range 28 East, lying east of the center of the
Intracoastal Canal as the waters in the same now jlow; said parcel of land being also
described by metes and bounds as follows:
Commencing at the point where the eastern boundary of said Section 24, township 2, Range 28
East, intersects the northern boundary of said Section 24, running thence south to a point 200
feet, more or less, south of Atlantic Boulevard where said eastern boundary of Section 24
intersects the center line of the Intracoastal Canal as the water in the same now.flow to where
said center line intersects the northerly boundary of said Section 24, thence east along the
northerly boundary of said Section 24 to the Point of Beginning; subject to easement for the
Canal and the right-of--way of Atlantic Boulevard as now located.
The Site is designated Low Density Residential (LDR), Conservation (CON) and General
Commercial (GC) on the Future Land Use Map. The surrounding land use categories are as
follows:
. North: Conservation, CON
^ South: Conservation, CON (City of Neptune Beach jurisdiction)
^ East: Conservation, CON
^ West: Water Dependent/Water Related, WD/WR (City of Jacksonville jurisdiction)
The current zoning for the Site is Conservation (CON). The immediately surrounding zoning
districts are as follows:
^ North: Conservation, CON
^ South: Conservation, CON (City of Neptune Beach jurisdiction)
^ East: Conservation, CON
^ West: Industrial Waterfront, IW (City of Jacksonville jurisdiction)
D. Existi~ig Site Characteristics
The Site consists of approximately 7.5 acres, located in Section 24, Township 2 South, Range 28
East. It is bound to the east, north, and west by the Intracoastal Waterway and to the south by the
Atlantic Boulevard (U.S. Highway 90) Intracoastal Waterway bridge. The main ingress and egress
point is the FDOT-maintained bridge connecting the island to Atlantic Boulevard.
The Site is flat with little or no topographic relief having a maximum elevation of approximately
6.5 feet msl and a minimum elevation of approximately 4 feet msl. The Site contains several
dilapidated residential structures and a deteriorating restaurant. The majority of the existing
understory vegetation is either turf, introduced plant species or invasive plant species. There are a
' few planted trees observed on-site, including Live Oak, Laurel Oak, Holly, and Cabbage Palm.
-4-
PUD NARRA7"IV.E JOHNSTON ISLAND
The Site is located entirely within Flood Zone AE. The Soil Survey of Duval County, Florida
identifies one type of soil in the upland portions of the Site, Arents (Map Symbol 4), which are
"soils with a medium potential for community development.
E. Development Plan
The Residential Commons element will make up the primary component of the PUD. The
Residential Commons will consist of single-family dwellings. Each lot may also contain an
additional accessory unit. The Mixed-Use Center will comprise of a diverse active community
with a floating marina club with fine dining facilities on the waterfront and landscaped plazas.
This area may also include a marina office, marina service uses with a ship's store to be located
within a structure not to exceed 5,000 square feet in size and two-stories in height.
The PUD shall be developed within ten (10) years of City of Atlantic Beach approval of
construction/engineering plans. There is an extensive permitting process among numerous of
regulatory agencies that must be accomplished prior to construction/engineering plan approval by
the City. Once the permitting and plan approval is obtained, the Developer shall commence with
construction of the PUD's residential element first as expeditiously as possible.
F. Permitted Uses artd Structttres
The uses that make up the integrated plan for Johnston Island are residential, marina and marina
supporting commercial, recreation and open space. These uses will be incorporated into the
Residential Commons and the Mixed-Use Center. In accordance with the City of Atlantic Beach
Land Development Regulations, the description of permitted uses and structures, accessory uses by
exception and limitation within each of these districts is as follows:
(i} Permitted uses and structures in Residential Commons
(1) Single-family dwellings
(2) Accessory dwelling units
(3) Parks, playgrounds and playfields
(4) Recreational or community structures
(5) Noncommercial greenhouses, private boathouses or shelters less than 900 square
feet in area, garden sheds, children's play areas and play equipment, and swimming
pools
Prior to the issuance of a Certificate of Occupancy for the first residential dwelling unit,
a Final Subdivision Plat shall be approved. Lots shall be platted, and the following
regulations shall apply to such subdivision plat and to the individual units or lots:
(a) Each primary dwelling unit shall be on a lot not less than forty-one (41) feet
wide except for flag lots, which shall not be permissible~on lots less than twenty-
five (25) feet wide.
(b) The. minimum unit area for each individual primary dwelling unit shall be not
less than one thousand five hundred (1,500) square feet.
(c) Each lot shall have frontage on a public or approved private street, which
frontage shall not be less than eight percent (8%) of the required lot width.
(ii) Permitted uses and structures in Mixed-Use Center (commercial area)
(1) Private clubs within private dining facilities not exceeding 250 seats and associated
offices;
-5-
PUD NARRATIVE
Jo~r1v,~TON rsr.A~vn
(2) Community structures;
(3) Designated off-street parking lots;
(4) Parks, playgrounds, and playfields;
(S) Outdoor storage and/or display areas;
(6) Open space, greenways, natural vegetation/landscaping, waterbodies, common
areas, civic space, and
(7) Boat and canoe launch areas.
(iii) The Conservation area is made up of valuable environmental resources, such as
' ' sensitive vegetation and wetlands. No development activities shall be allowed within
. the land designated CON except for those activities permissible for conservation lands
in the 2010 Comprehensive Plan.
G. Development Standards
The following development standards will maintain the character and quality that exists in the City
of Atlantic Beach.
' Minimum Front Yard: 15 ft.
.. Minimum Side Yard: 0 ft. on one side, 5 ft. on the other side
Minimum Rear Yard: 20 ft.
Maximum Lot Coverage: 70%
. , Minimum Standard Lot Width: 41 ft.
Minimum Flag Lot Width: 25 ft.
' Minimum Lot Depth: .100 ft.
Note: In no event shall any of the dwelling units be permitted to cantilever over the seawall.
Maximum Residential Units: Twenty-one (21)
Maximum Non-Residential Intensity: Twelve thousand square feet per acre (12 ksf/ac)
Minimum Residential Unit Square Footage: Fifteen hundred (1,500) square feet
Minimum Accessory Residential Unit Square Footage: Eight hundred (800) square feet
" Maximum Height of Structures: The maximum height shall be thirty-five (35) feet.
Stoops, front porches, and handicap ramps may encroach up to ten (10) feet into the front yard
setbacks and shall not count against lot coverage limitations. Every part of every required yard
shall be open and unobstructed from the ground to the sky, except as follows:
(1) Sills, belt courses, chimneys, fireplaces or pilasters may not project over two (2) feet in a
required yard.
(2) Fire escapes, stairways, and balconies, which are unroofed and unenclosed, may not project
over three (3) feet into a required side yard.
(3) Awnings, hoods, roof overhangs, canopies, bay windows or marquees may not project over
three (3) feet into a required yard.
. (4) Flagpoles, fences, walls and hedges or ornamental features are permitted in required yards,
provided, however, that no fence or wall in excess of six (6) feet shall be permitted in a
" residential area.
-6-
~ , - ___-
FTJD NAR:RA 7".1T~' , jOHNS~''O.nl' ISLAND
A maintenance easement must be provided on any lot adjacent to a zero-lot line property. The
easement shall be kept clear of structures. This easement shall be shown on the plat and
' incorporated into each deed transferring title to dominant and servient property. Roof overhangs
.. may penetrate the easement on the adjacent lot to a maximum of twenty-four (2~) inches, but the
roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the
easement area. The easement shall be maintained, unless otherwise agreed to in writing, by the
two affected lot owners.
H. Sig~aage
A unified signage plan will be developed and implemented within the Johnston Island PUD. All
signage will be consistent with the architecture and character of the development and it's
associated buildings and structures. A coordinated system of identification, directional and control
signage will be provided for both vehicle and pedestrians on all common areas and rights-of--way.
One (1) sign identifying the development name shall be allowed at both the intersection of the
access road and Atlantic Boulevard and near the existing ingress/egress point into the PUD.
' Johnston Island shall adhere to all City of Atlantic Beach signage regulations.
I. La~idscapiiig and Brcfferitig
The Developer will consult with the City's Community Development Director with regard to
landscaping design in order to receive input regarding vegetative buffering of the wetlands
surrounding Johnston Island as well as maintenance of the landscaping through use of herbicides
and pesticides.
Ten (10) percent of vehicular use areas (VUAs) used for non-residential off-street parking shall be
landscaped. At least twenty-five (25) percent of that shall be covered with shrubs; the remainder in
shrubs, groundcover, mulch, and grass. Shrubs shall be spread on three (3) foot spacing. Not less
than one (1) tree for every four thousand (4,000) square feet, or fraction thereof, of VUA shall be
required.
' Each row of non-residential parking spaces shall be terminated by a landscape island with inside
dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five (35) long
for a double row of parking. Each terminal island shall contain at least one (1) tree. Each side of
the terminal island adjacent to a travel lane shall have a continuous six (6) inch high curb of
concrete or other appropriate permanent material.
All VUAs that are not entirely screened from view by the street by an intervening building shall
contain (i) a continuous landscape area at least five (5} feet wide between the VUA and the
abutting property, landscaped with shrubs, ground covers, preserved existing vegetation, mulch and
grass; and (ii) no less than one (1) tree, located within twenty-five (25) feet of the outside edge of
the VUA, for every fifty (50) linear feet thereof, of the distance the VUA abuts the adjacent
property. Trees may be clustered, but shall be no more than seventy-five (75) feet apart.
- 7-
I'UD NARRA~'"ITFE fOHNSTQN ISI~.AND
J. Allocatiott of Residentiat Land Use
The proposed residential density for the overall development is approximately 5.8 units per acre
(21 units/3.6 acres). The maximum residential density permitted within the Site's underlying Low
Density Residential (LDR) future land use classification is specified in the City's Comprehensive
Plan as six (6) units per acre.
K. Internal Compatibility
Johnston Island is planned to integrate homes, services, civic plazas and recreation open space
within an easy walk to one another. It is the intent to create a diverse, functional and compact
• mixed-use development that complements the regional character of the area. Adjacent to existing
regional transportation infrastructure and destination shopping, this PUD is designed to enhance a
lifestyle that promotes contemporary conveniences for both residents and guests alike.
An existing entry/egress point abutting the existing FDOT-maintained road providing access to
' Atlantic Boulevard shall be retained for the residences. The access roadway shall be composed of
. pervious material to reduce the amount of impervious surface within the PUD. All internal
vehicular use areas connecting to this road will be maintained by the property owner's association
and shall not be the responsibility of the City of Atlantic Beach.
L. Streetscape
Street furniture such as trash containers, ornamental light fixtures and benches shall be
permanently secured to the sidewalk. Colonnades shall have, at the sidewalk, a minimum clear
height often (10) feet (excluding signage and lighting) and a minimum clear width of eight (S) feet
(from frontage line to inside column face). Colonnades shall be constructed thirty-six (36) inches
from the frontage line. Awnings are permitted but are not considered colonnades.
11I Treattttertt of Pedestrian Ways
Pedestrian pathways shall not be less than five (5) feet on at least one side of the road.
N. Use a~td Variety
Inherent to the design of this PUD, the Site will incorporate a variety of building groupings that
' generally make up the atmosphere of each area. The Residential Commons will include a diverse
.. cluster of units. The building sizes will vary throughout the Site, while architectural styles and
themes will be consistent throughout. Architectural and facade treatments will be addressed on all
' sides of the buildings. These development concepts of possible building size, height, and
• - architectural styles are represented in the attached exhibits. The residential dwellings constructed
upon Johnston Island shall compare to the architectural styles illustrated in those exhibits; under no
circumstances shall the constructed dwellings resemble conventional style homes found in nearly
any residential subdivision. Building materials, both structural and ornamental facade treatments,
will represent the appropriate architectural styles and themes carried throughout the Site.
-8-
PUD NARRATIVE , j0HlVST0.1V'I~LAND
O. Usable Open Space
Johnston Island shall provide adequate open space for use by the residents of the PUD that may
include a promenade along the waters edge, preserved wetlands, greens and landscaped areas.
P. Off-street Parking Regrrirenrents
Off-street parking spaces recLuired:
A. Residential Two (2) spaces per dwelling unit
B. Accessory Residential One (1) space per accessory dwelling unit
C. Marina Club/Restaurant One (1) space for every four (4) seats
' Q. Temporary Constrccction and Sales Trailers
The Developer may install a temporary construction/sales office within the project during the
period of construction and sales, but in no event to exceed five (5) years from commencement of
construction. The Developer, in its sole discretion, may allow three (3) additional temporary
construction/sales offices for the sole purpose of construction of the new structures under the terms
and conditions above. If no construction has occurred for a period of six (6) months, then the
trailers shall be removed until such time as construction recommences.
R. L2frastructure
Electric service lines and telecommunication lines shall be installed underground in accordance
with the policies of the utility provider. The Developer is responsible for construction and/or
extension of water and sewer lines as needed to serve this PUD. Ornamental security and low level
VUA lighting will be provided and maintained by a property owners association. The City of
Atlantic Beach Utility Department in accordance with their terms and requirements shall provide
potable water and sanitary sewer service. Any utility facilities proposed for dedication to the City
of Atlantic Beach must be acceptable by the City as to construction standards and deemed to be of
benefit to the general public by the Director of Public Works.
The development shall conform to the requirements of the St. Johns River Water Management
District and City of Atlantic Beach for stormwater storage and disposal. Drainage plans for the
development shall be submitted to the City's Building and Public Works Departments for approval
prior to commencement of construction.
Proposed interior vehicular use areas (VUAs) will comply with the City's Zoning, Subdivision and
Land Development Regulations except as noted herein.
Access will be provided to this PUD by utilizing the existing FDOT roadway that links the
property to Atlantic Boulevard. The residences may have a private access point separate from the
existing access to the marina club. Access and circulation shall adequately provide for emergency
service and fire-fighting equipment, furniture moving vans, fuel trucks, refuse collection,
deliveries, and debris removal. Fire protection shall provide for adequate protection facilities as
required by the City of Atlantic Beach in conformance with standards set forth in Chapter 24 of the
National Fire Protection Code, as amended.
-9-
PUD NAKRATIV.&' JQHNSTQNISLAND
Residential trash receptacles, garbage, recycling, and similar containers shall be shielded from
view except during time periods associated with refuse collection. Commercial dumpsters and
trash receptacles shall be screened from view by fencing or landscaping, or shall be located so that
they are not visible from the street.
S. Environmental and Catltttral Resources
According to a search of the Florida Division of Historical Resources Master Site File on
December 5, 2003, there are no known archaeological or historic resources located within the Site.
All buffers and environmental protection measures required by the U.S. Army Corps of Engineers,
Florida Department of Environmental Protection, and St. 3ohns River Water Management District
shall be adhered to.
T. Ownership and Maintenance
The common facilities situated within the development shall be conveyed to and maintained by a
properly farmed property owner's association, its successors and assigns. The permanent utilities
will be dedicated to the appropriate utility company. The entry structures (signs, landscaping, etc.)
shall be placed within a private easement/right-of--way and shall be owned, managed, and
maintained by the property owners association, its successors and assigns.
This PUD shall be made subject to uniform covenants and restrictions prior to the sale of any
property within the development. These covenants and restrictions shall, among other things, make
all buyers aware of this PUD zoning, the designation of the reserve area as permanent open space,
as well as the other restrictions imposed by this PUD zoning. The covenants and restrictions shall
also state where to obtain information concerning the requirements for changing the PUD status of
the Property.
A property owner's association shall own all open space and amenities within the residential
element. Each unit owner will pay a capital contribution fee and will pay annual dues to the
property owners association.
The owners of the Property agree to proceed with the proposed development in accordance with
this PUD Ordinance and the City Commission may set such conditions and safeguards as in the
enacting Ordinance. The owners shall provide a written statement of a proposal for completion of
the development according to plans approved by the Ordinance, and for continuing operation and
maintenance to such areas, functions and facilities as are not to be provided, operated or
maintained by the City pursuant to written agreement. Furthermore, the owners shall bind all
successors and assigns in title to any commitments included in the enacting Ordinance, which shall
include by reference the application for rezoning. This must be clearly reflected in the Covenants
and Restrictions of this PUD, which shall be recorded with the Clerk of Courts of Duval County.
-i0-
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