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MEMO Info for Selva Preserve rezoning app 03.31.2008 'r j yL�J!J'\'''' 3 , CITY OF ATLANTIC BEACH BUILDING AND PLANNING J; \S\ 800 SEMINOLE ROAD r .,, s >. ` . ATLANTIC BEACH,FLORIDA 32233-5445 . ' ;) TELEPHONE:(904)247-5800 )1V ` ;r FAX:(904)247-5845 / http://ci.atlantic-beach.fl.us r�---.0111c-; r- MEMORANDUM TO: Community Development Board FROM: Sonya Doerr, AICP ,140 Community Development Director DATE: March 31, 2008 SUBJECT: Information for Selva Preserve rezoning application As you may be aware, we have an item on the April 15th agenda, which may generate more public interest and comment than usual. There is a considerable amount of background material associated with this application, so I am sending this to you now in order to provide some extra time to review this information prior to the meeting. The full agenda packages will go out as usual about one week prior to the meeting. Please retain the enclosed copies to be added to your agenda package. I hope this information will be helpful in preparing for your consideration of this item. I also wanted to provide you with some "historical" background on this property. While this may not be relevant to the current application, it might be helpful in understanding comments the Board may hear from nearby, long-time residents. The Selva Linkside PUD was approved in 1987. As the project was constructed over the next few years, prospective buyers were shown the property, and the developer and/or real estate agents apparently indicated that the land lying generally to the immediate east of the new Selva Linkside development was to be preserved and would never be developed. I will not speculate as to whether this was a misunderstanding or an intentional misrepresentation, but this has been conveyed to me many times over the past six years by former commissioners and residents alike. I believe that the 20 years that the property has remained undeveloped (while almost every square inch of the City has developed) may have further reinforced the idea that this property was precluded from future development. We have thoroughly reviewed these files, which are now 20+ years old, and while there was some passing reference to a "proposed nature preserve park along the western bank of the lagoon," we have been unable to find a record of any legally binding commitments made regarding that area, which is now the subject of this rezoning request. City files reveal that there was some discussion in 1987 of a "land swap" with the City for land immediately west of the lagoon, which may explain the reference to a proposed nature preserve park, but no such transaction ever occurred. Only the small triangular area within this larger wooded area was set aside as a"recreation lot" for Selva Linkside. This 7.25-acre area was not included as part of the Selva Linkside PUD, although the existing street stub on the northeast curve of Linkside Drive would indicate that the developer planned to add this area to the project in the future. A subsequent rezoning application was denied in 1994, and the property remained zoned Open Rural (OR) until 2001 when the Open Rural zoning district was eliminated as a zoning classification. At that time, all formerly OR-zoned lands within the City, including this parcel, were re-designated to the new Conservation (CON) Zoning District. To further confuse the status of this parcel,the Selva Lakes PUD, which is adjacent immediately to the south of Selva Linkside, did in fact, include the similar wooded area east of that project within the Selva Lakes PUD, and this area was set aside as a conservation area. (I have indicated these areas on the enclosed maps.) While staff understands the desire of nearby property owners to see this area remain undeveloped, the property is privately owned, and more importantly to the City's consideration of this rezoning application, this property has had a Residential, Low Density Comprehensive Plan Future Land Use designation since 1990, when the City's first Comprehensive Plan was adopted. As such, the property does have legal rights to some level of development consistent with the Residential, Low density designation it has had for many years. To deny the rezoning only on the basis of neighbors objections could place the City in a precarious legal position. That said, it is important to understand that approval of the rezoning in itself, authorizes no specific plan of development and is only one step in the process that would allow future development. The site plan submitted with the application is conceptual for the purpose of providing a general depiction of the intended plan of development. The applicant has proposed a maximum of 16 lots, but the number of lots appropriate for this property will be evaluated based upon the factual evidence considered during the rezoning process, including the studies and reports submitted as part of the application, and other information as may be provided during the public hearing process. If the rezoning is approved, a final plan for development and the future application for actual development permits will be subject to all applicable City Land Development Regulations including impervious limits, drainage and stormwater, lot size, access, tree protection, wetland buffers and impacts, etc., as well as the requirements of any state agencies having jurisdiction including the St. Johns River Water Management District. These other"engineering" requirements may reduce the number of lots to less than sixteen. In summary, the Applicant has "self-limited"the project to a maximum of 16 lots,but other requirements could decrease the number of lots to less than sixteen. Please review the enclosed information, and as always, do not hesitate to call if you have questions. 2