Items 7B&7C (2)
AGENDA ITEM 7B & 7C
SEPTEMBER 27, 2004
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEMS: Final reading and public hearing to consider two companion applications
related to a proposed development project known as Johnston Island, and as described below.
Ordinance Number 31-04-03, an ordinance to change the land use designation as established on the
2005 Future Land Use Map related to a small scale development activity, in accordance with
§ 163.3187(c), Florida Statutes. The application (File SSA-2004-01) seeks a change in map
designation of 3.6 acres from Conservation to Residential, Medium Density, and a contiguous 0.5-
acreparcel from Conservation to Commercial.
• Ordinance Number 52-04-02, an ordinance to rezone approximately 7.5 acres from Conservation
,~„ to Planned Unit Development. The amended application (File REZ-2004-01), known as the
Johnston Island PUD, proposes a plan of development containing a maximum of 36 dwelling units,
a private yacht club with restaurant and marina lodge. Parking to serve the project, associated
~„ amenities, accessory uses, open space and submerged lands also occupy, or are proposed to
occupy, the site. Building height shall not exceed 35-feet.
„.. SUBMITTED BY: Sonya Doerr, AICP .dl~
Community Development Director
DATE: September 20, 2004
BACKGROUND: The Johnston Island project was considered at public hearings at the July 12th
and July 26th meetings of the City Commission. The applications were deferred at the July 26th
meeting, in response to a request by the City Commission, that the applicant consider revision of
certain development terms within the proposed PUD.
PROPERTY HISTORY: The 1996 annexation of 384 acres into the COAB consisted of primarily
wetland marshes with some limited upland property adjoining the Atlantic Boulevard Right-of--Way.
In July of 1998, COAB Ordinance 31-98-2 designated all of the annexed area, including the Johnston
Island property, as CON (Wetlands/Conservation) on the Future Land Use Map of the Comprehensive
Plan. (The land use designation by the COJ had been WD-WR (Water Dependent -Water Related,
and the COJ zoning was a mix including agricultural, commercial and industrial designations.) The
property has been previously occupied by a commercial restaurant, a boat yard with various wooden
dock structures, a caretaker's house, on-site waste treatment and several outbuilding structures.
The zoning of the Johnston Island property was established by the COAB as OR (Open Rural) in July
of 1998. Following elimination of the OR zoning district category in November of 2001, all those
lands within the COAB that were formerly zoned OR were re-designated as Conservation zoning in
February of 2003.
SUMMARY OF THE PROPOSED SMALL SCALE AMENDMENT APPLICATION: There
are no changes to the Comprehensive Plan map amendment application. The 3.6 residential area (the
"Windward Pod" depicted in blue on the Conceptual Master Plan) and located on the general eastern
~" side of the project will contain the residential units. Residential use cannot be located on the western
side of the island due to a restriction related to the Intracoastal Waterway right-of--way line. Proposed
September 27, 2004 regular meeting
'~ commercial uses, including the private marina with associated services, lodge and restaurant are
located in the 0.5-acre "Leeward Pod" shown in orange on the Master Plan.
SUMMARY OF THE PROPOSED PUD REZONING APPLICATION: The site cannot be
rezoned without a change to the Comprehensive Plan map designation. The proposed PUD
encompasses the entirety of the 7.5-acre site, and identifies all land uses that are part of the project,
including up to 36 dwelling units, a private marina with associated marina club facilities including
restaurant and marina lodge. Building height shall not exceed 35-feet. Accessory uses, associated
amenities, open space and submerged lands also occupy the site. The "Backbay Pod" (depicted in
green on the Master Plan) provides project parking, service drives, refuse collections areas and
landscaping. If rezoned, a Detailed Development Plan, as required by Section 24-133, must be
approved by the City Commission, prior to issuance of any permits by the City authorizing
construction m order to__determine that the development plan is in compliance with the approved
PUD.
Following is a summary of the revisions to the project since the July 26th meeting and the more
relevant aspects of the PUD, including consistency with, or requested waivers, from the City of
~. Atlantic Beach Land Development Regulations.
HEIGHT: Proposed height has been reduced to a maximum of 35-feet, which complies with height
~„ limit for all residential zoning districts, as well as the CG, CPO, CL and ILW Districts.
RESIDENTIAL UNIT SIZE: Changed from a minimum unit size of 1500 square feet to 1000
square feet, which complies with Section 24-82 (j), Minimum Floor Area for residential Dwelling
"~" Units.
PARKING: Complies with number of spaces required per Section 24-161, but requests a parking
space dimension of 9-ft x 18-ft, rather than the required 10-ft x 20-ft. The area depicted as the
"Backbay Pod" will be developed as a shared parking area to serve various uses within the project and
will be landscaped and designed in accordance with City requirements.
SIGNAGE: Project signs will comply with the City's sign regulations. One 8-foot high, 60-square
foot sign is requested to be located at the Atlantic Boulevard entrance. The sign regulations allow such
signage for residential uses, subject to City Commission approval when a sign is requested to be
placed in any right-of--way. This sign may also be subject to FDOT approval.
ACCESS ROAD: The applicant has confirmed that the roadway, which provides the only access to
this property, is a FDOT-maintained public right-of--way extending from Atlantic Boulevard to the
southern boundary of the Johnston Island property. Language has been added to Section 3.8 to ensure
that the public will continue to have access to and use of that roadway to reach property (fishing areas)
that may be outside of the Johnston Island property. In the event that the road should for any reason
no longer be a public road, public access as it now exists will still be maintained from dawn to dusk.
UTILITIES: The PUD requires utilities to be placed underground. It will be the developer's
responsibility to provide any required geotechnical testing and engineering design necessary to
'~ determine if the characteristics of the soil are suitable for directional boring of underground utilities
from existing services. FDEP and the other permitting agencies will provide review to ensure the
integrity of the lines.
2 September 27, 2004 regular meeting
~•
DEVELOPMENT SCHEDULE: The project will be developed within 10 years of approval of
Construction and Engineering Plans by the City. Extensive, and typically quite lengthy, permitting
'~ procedures will be required by FDOT, FDEP, ACOE and SJRWMD. (A more defined and precise
development schedule can be addressed during the Detailed Development Plan review and approval
_ process.)
PREVIOUS ACTION: A motion to approve the Small Scale Amendment (first reading of Ordinance
~ Number 31-04-03) carried unanimously. An amended motion to approve the proposed PUD (first
reading of Ordinance Number 52-04-02), as revised, carried by a 3:2 vote at the July 12, 2004
meeting. Action and further consideration were deferred at the July 26, 2004 meeting.
RECOMMENDATION: Any action to approve or deny the SSA and/or PUD application should
incorporate specific and appropriate the findings of fact and conditions, such as those suggested within
the proposed Ordinances and Staff Reports, which are made part of these applications.
ATTACHMENTS: Proposed Ordinance 31-04-03 (SSA) and Ordinance 52-04-02 (PUD) with
revised PUD attachments.
BUDGET: No budget issues.
REVIEWED BY CITY MANAGER:
;~•
3 September 27, 2004 regular meeting
Small Scale Amendment (SSA)
Application Package
ORDINANCE NUMBER 31-04-03
~'""' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING THE 2005 FUTURE LAND USE MAP, AS ADOPTED BY
ORDINANCE 95-90-48, AS AMENDED, SAID ORDINANCE NUMBER 31-
04-03, WHICH SHALL CHANGE THE LAND USE DESIGNATION AS
ESTABLISHED ON THE 2005 FUTURE LAND USE MAP (FLUM) FOR
LANDS AS DESCRIBED HEREIN FROM CONSERVATION TO
RESIDENTIAL, MEDIUM DENSITY AND COMMERCIAL RELATED TO
A SMALL SCALE DEVELOPMENT ACTIVITY KNOWN AS JOHNSTON
ISLAND, .PROVIDING FOR INTENT; AUTHORITY,• FINDINGS OF
~ CONSISTENCY; FINDINGS OF FACT; SEVERABILITY;
RECORDATION AND AN EFFECTIVE DATE.
WHEREAS, Section 163.3187, Florida Statues, establishes the process for the amendment
of the adopted Comprehensive Plan; and
WHEREAS, Section 163.3187(1)(c) Florida Statutes, specifically establishes conditions
and procedures whereby the City Commission may adopt an amendment to the Future Land Use
Map of the Comprehensive Plan related to a proposed small scale development activity; and
WHEREAS, after required notice was published, public hearings were held, in
accordance with Section 166.041 (3) (c), Florida Statutes:
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. INTENT. The purpose of this ordinance is to amend the 2005 Future
~. Land Use Map (FLUM) of the Comprehensive Plan for the City of Atlantic Beach, pursuant to
application, File Number SSA-2004-01. The FLUM is hereby amended to change the land use
designation of 3.6 acres from Conservation to Residential, Medium Density, except that maximum
density shall not exceed ten (10) dwelling units per acre, and also a contiguous 0.5-acre parcel
from Conservation to Commercial, as depicted within attached Exhibit 1, being part of those lands
as described within the legal description attached as Exhibit 2.
SECTION 2. AUTHORITY. This ordinance is adopted pursuant to Chapter 163,
Florida Statues, and Rule 9J-11, Florida Administrative Code.
SECTION 3. FINDINGS OF CONSISTENCY. The City Commission for the City of
Atlantic Beach hereby finds that this amendment to the 2005 Future Land Use Map is consistent
with Section 163.3187(1)(c) Florida Statutes Rule 9J-11, Florida Administrative Code, and
consistent with City of Atlantic Beach Comprehensive Plan, as first adopted by Ordinance 95-90-
48..
A.
Page 1 of 3 Ordinance 31-04-03
SECTION 4. FINDINGS OF FACTS. The City Commission hereby adopts the
++~ following findings of fact in support of this ordinance to adopt a Comprehensive Plan amendment
directly related to a proposed small scale development activity.
~"" 1. The proposed amendment has been fully considered after public hearings pursuant to
legal notice published as required by law and is in accordance with Section
163.3187(1)(c) Florida Statutes, and Rule 9J-11, Florida Administrative Code.
2. The proposed amendment changes only the Future Land Use Map designation for a
site-specific small scale development activity, and the amendment meets each of the
'"" conditions as set forth within Section 163.3187 (1) (c), Florida Statutes.
3. This amendment to the 2005 Future Land Use Map, and the related proposed small
scale development activity as enacted and described by Planned Unit Development
(PUD) Ordinance Number 52-04-02, is consistent with the intended and desired future
growth and development of the City of Atlantic Beach, as well as applicable provisions
of the 1990 Comprehensive Plan as set forth within that application, attached to and
made part of this ordinance as Exhibit 3.
4. This. amendment to the 2005 Future Land Use Map to re-designate lands as described
herein from Conservation to Residential, Medium Density and to Commercial 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 Commercial General and Light Industrial and
~„ Warehousing, and said lands to be redeveloped are not composed of open land, water,
marsh and wetland areas.
,~„ 5. This amendment to the 2005 Future Land Use Map to re-designate 3.6 acres of land, as
described herein, from Conservation to Residential, Medium Density will not result in
an increase in residential density within the Coastal High Hazard Area in that the City
,~. has, within the same immediate period of time, on September 13, 2004, by Ordinance
31-04-04 adopted EAR Based amendments to the 1990 Comprehensive Plan. Said
EAR Based amendments include a change in density for 96.64 acres within the Coastal
High Hazard Area from Residential, Medium Density and Residential, High Density to
Residential, Low Density.
6. This amendment to the 2005 Future Land Use Map will not result in an increase to
hurricane evacuation times in that the projected traffic volumes will have a de minimis
impact on the adopted level of service standard on the affected transportation facilities.
SECTION 5. SEVERABILITY. It is declared to be the intent of the City Commission
for the City of Atlantic Beach, that if any provision, paragraph, or section of this Ordinance, and
this Plan amendment is for any reason finally held invalid or unconstitutional by any Court of
competent jurisdiction, such provision shall be deemed separate, distinct and independent and
such holdings shall not effect or alter the remaining provisions of this ordinance or the adopted
Comprehensive Plan.
Page 2 of 3 Ordinance 31-04-03
SECTION 6. This Ordinance shall be recorded in a book kept and maintained by the
~"' Clerk of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
~"' SECTION 7. EFFECTIVE DATE. The effective date of this amendment to the 2005
Future Land Use Map of the Comprehensive Plan adopted December 13, 1990 by Ordinance
Number 95-90-48, as amended, shall be thirty-one (31) days following the adoption date of this
'"' amendment. However, if any affected person files a petition with the Florida Division of
Administrative Hearings pursuant to Section 120.57, Florida Statutes, to request a hearing to
challenge the compliance of this Plan amendment, this Plan amendment shall not be come
~" effective until the Florida Department of Community Affairs, or the Florida Administration
Commission, respectively, issues a final order determining this Plan amendment is in compliance.
No development orders, development permits or land uses dependent upon this Plan amendment
~•
may be issued or commence before it has become effective. If a final order of noncompliance is
issued, this Plan amendment may nevertheless be made effective by adoption of a resolution
~ affirming its effective status, a copy of which resolution shall be sent to the Florida Department of
Community Affairs, Bureau of Local Planning, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100.
Passed upon first reading and public hearing by the City Commission of the City of Atlantic
Beach this 12th day of July, 2004. Passed upon final reading, public hearing and adoption
this 27th day of September, 2004.
JOHN S. MESERVE
Mayor/Presiding Off cer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
Jim Hanson, City Manager
Acting City Clerk
Effective Date:
(To be established in
accordance with preceding
Section 7 of this Ordinance.)
Page 3 of 3 Ordinance 31-04-03
Johnston Island
PUD
~' Small Scale
Development Land ZIse
'~ Map Amendment
EXISTING FLCIM
7.5 AC CON
Exhibit 1
PROPOSED AMEIYDMEIYT
3.6 AC MDR
0.5 AC GC
3.4 AC COZY
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Exhibit 2 -Legal Description
TRACT 1 : THAT PART OF UNSURVEYED FRACTIONAL SECTION 1 9, TOWNSHIP 2
SOUTH, RANGE 29 EAST, LYING NORTH OF THE 100 FOOT RfGHT-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 500 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.
SUBJECT HOWEVER, TO THE EASEMENT OF THE UNITED STATES OF AMERICA IN
AND TO THE 500 FOOT RIGHT-OF-WAY OF THE INTRAGOASTAL WATERWAY
DESCRIBED IN DEED RECORDED IN DEED BOOK 592 PAGE 257, SAID PUBLIC
RECORDS, AND SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, SAID
PUBLIC RECORDS.
SUBJECT FURTHER HOWEVER, TOT HE 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 1 67, 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 FLOW;
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.
~.
Exhibit 3
APPLICATION FOR SMALL SCALE DEVELOPMENT
AMENDMENT TO THE FUTURE LAND USE MAP OF THE
ADOPTED COMPREHENSIVE PLAN
City of Atlantic Beach 800 Seminole Road • Atlantic Beach, Florida 32233-5445
Phone: (904) 247-5800 FAX (904) 247-5805 http://www/ci.atlantic-beach.fl.us
Date April 9, 2004 File No. lj~jQ~20D ~•-Q~ Application
Amendments to the Future Land Use Map (FLUM) related to proposed small scale development activities
may be approved without regard to statutory limits regarding the frequency of consideration of amendments
to the adopted Comprehensive Plan. A small scale amendment shall not involve more that ten (10) acres of
land; shall not modify any textual goal, objective or policy of the Comprehensive Plan; shall not propose
residential density exceeding ten (10) dwelling units per acre, and shall further be in accordance with all
applicable provisions of Section 163.3187 (1) (c), Florida Statutes. Attach additional page(s) as may be
needed.
1. Applicant's Name Anthony S. Robbins, AICP c/o Prosser Hallock, Inc.
2. Applicant's Address 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229
3. Property Location Johnston Island, north of Atlantic Boulevard
4. Property Appraiser's Real Estate Number 172391-0000
5. Current Zoning Classification Conservation 6. Current FLUM designation .Conservation
7. Requested Amendment to FLUM 0.5 ac General Commercial and 3.6 ac Medium Density Residential
8. Description of proposed use and proposed development activity. (See Item 15.e. Also include anticipated
development and any phasing schedule.) A multi-use project to be known as the Johnston Island PUD
9. Size of Parcel Approx. 7.5 acres 10. Number of Wetland Acres None
11. Identify any other Environmentally Sensitive Lands, any listed or endangered species or habitats.
The Subject Property is surrounded by the Intracoastal Waterway.
12. FIRM Flood Zone Note: All lands within the City of Atlantic Beach are considered to be within a Coastal
High Hazard Area. AE
13. Utility Providers. Identify all pubic and private service providers of water, sewer, electric, solid waste, etc.,
and provide estimate of water, sewer, and solid waste demand. The Jacksonville Electric Authority shall
provide electric service and all other utilities shall be provided by the City of Atlantic Beach.
14. Statement addressing need and justification for requested amendment. Positive infill redevelopment of a
blighted area isolated from the rest of the City. This project shall offer the City positive ad valorem revenue, an
exemplary development showcasing the City, and stabilize the island to prevent further erosion and deterioration.
15. Estimated impact to adopted Level of Service standards as established by the Capital Improvements
Element of the effective Comprehensive Plan. 20,600 GPD Water/Sewer, 1,271 PPD Solid Waste
16. In addition to this form, please provide all of the following information. Application package must include
a cover page identifying the project, a Table of Contents and a list of all exhibits and attachments.
Additional information may be required, depending upon circumstances unique to individual applications.
cce vvnz n....e, _c~
a. List of adjacent property owners within 300 feet of the property including name, mailing address
and Property Appraiser's Real Estate number from most recently certified tax rolls. Include a
legal size envelope addressed to each property owner on the list. Do not include a return address.
Each envelope must contain proper postage. The order of the envelopes must match the order in
which the names annear on the list
b. Proof of ownership, such as deed or certificate by lawyer or abstract company or title company that
verifies owner of record. 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.
c. Current Survey and legal description of property sought to be rezoned.
d. General Location Map with property subject to this application clearly identified.
e. General Site Plan containing the following, as applicable to the proposed project: (Account for all
land included.)
i. Number and type of dwelling units.
ii. Type and square feet of commercial or industrial uses.
iii. Any existing structures and proposed use.
iv. Any open space, buffers and recreational areas.
v. Wetlands, streams, creeks, lakes or any other water bodies or Environmentally Sensitive
Lands.
vi. Most recent aerial photograph of site and surrounding lands.
vii. Drainage and stormwater facilities and other infrastructure, including ingress and egress,
internal access and roadways.
f. Required number of copies. (8)
g. Application Fee ($250.00)
Approval of an amendment to the Future Land Use Map related to a proposed small scale
development activity does not constitute approval for issuance of any permit or Development Order.
Use and development lands related to this land use amendment and any zoning change shall be
subject to compliance with all applicable local Land Development Regulations, any State and
Federal permitting requirements as well as Florida Building Code requirements for Category "C"
construction.
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS
CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): Anthony S. Robbins, AICP
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL
CORRESPONDENCE REGARDING THIS APPLICATION
Name: Anthony S. Robbins, AICP c/o Prosser Hallock, Inc.
Mailing Address: 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229
Phone: (904) 739-3655 Fax: (904) 730-3413
E-mail: trobbins@prosserhallock.com
SSA 5/5/03 Paee 2 of 2
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Proof of Ownership and Owner Authorization Letter
Johnston Island PUD Small Scale FLUM Amendment 04/09/04
i/~ SSa-2oa~-ol
OWNER'S AUTHORIZATION FOR AGENT
Chad A. Grimm and Anthony S. Robbins of Prosser Hallock, Inc. are hereby
authorized to act on behalf of Bridge Tenders, LLC, the owner 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 a:
^ Zoning Vaziance ^ Appeal
^ Use-by-Exception ^ Fence or Pool Permit
X Rezoning ^ Sign Permit
^ Plat or Replat X Other:
Comp Plan Map Amendment
BY:
Print Name
Signature of
Print Name
9dY 3 I i~ 3~ zo
Telephone Number
State of Florida
County of Duval
Signed and sworn before me on this ~~day of, 2003. ,(~E'~ ~m ~ ~~-
By
Identification verified: d ~G /C~~ y~
r~~ y
"~ Oath sworn: Yes No
~V
~* ~ a~ Mary Ann Thompson Notary Signature
~Commie+ion ~ QC 973235
o,F ~ ~~~'~ i~ty Commission expires:
~ ~ ~ AWntk BoadN~ Q4,1w,~
.wv ro arv rruav,yp
'JOhNSTON ISLAND"
IN PART OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 28 EAST AND A
PART OF UNSURVEI'ED FRACTIONAL SECTION l9, TOWNSHIP 2 50UTH RANGE 29 EAST,
JACKSONVILLE, DUVAL COUNTY, FLORIDA
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Consistency with Adopted Future Land Use Element
Goal 1: The proposed redevelopment project shall embody a healthy and attractive physical
environment that reflects the values, vision, and character of the citizens of Atlantic Beach.
Redeveloping Johnston Island shall eliminate the existing blight and deleterious conditions that
characterize the property. The substandard dwelling structures and dilapidated restaurant shall be
razed. The on-site septic tanks will be removed and replaced with central potable water and
sanitary sewer service from the City of Atlantic Beach. Many of the large trees will be preserved
and incorporated into the project's landscape plan. The property is currently inundated by very
strong currents and boat wake that are accelerating the erosion of Johnston Island. The proposed
redevelopment project shall use bulkheads to halt this impediment and stabilize the shoreline.
The property's location makes it an ideal candidate for extension of City utilities. The Applicant
shall be responsible for extending the service lines to the existing ones within the city limits. The
proposed amendment to the Future Land Use Map is in keeping with the ideals espoused in Goal
1 and fosters ahigh-quality land use pattern that maximizes the land in a compact development
form that will eliminate blight, preserve natural resources, and encourage an attractive built
environment.
""" Objective 1.1: The proposed redevelopment shall greatly improve the physical characteristics of
Atlantic Beach. The City does not contain anything like what is proposed by the Applicant. The
project design includes required open space and civic uses. The elimination of septic sewage
~. collection systems on the property will tremendously improve the environmental quality. The
proposal includes removal of the existing substandard buildings. The companion PUD rezoning
application contains artistic renderings of what the resulting physical environment may look like.
Policy 1.1.2: Preserved open space support this policy as they shall prevent redevelopment
activities from adversely affecting sensitive environmental areas. All permitting requirements
from the St. Johns River Water Management District, Florida Department of Environmental
Protection, and the U.S. Army Corps of Engineers shall be adhered to during commencement of
redevelopment.
~"" Policy 1.1.3: The proposal's PUD rezoning application stipulates efficient and adequate
stormwater collection and management measures shall be reflected in the project's design. All
standards and requirements of the City of Atlantic Beach, St. Johns River Water Management
l~ District, Florida Department of Environmental Protection, and the U.S. Army Corps of Engineers
shall be met or exceeded to ensure the provisions of effective stormwater management.
~ Policy 1.1.4: No potable water wellfields will be utilized in this proposed redevelopment project.
Existing wells shall be protected from adverse impacts of this new development. Reliance on a
central potable water and sanitary sewer system versus septic tanks and private wells shall
~ remove the threat of soil and groundwater contamination from leaking underground storage tanks.
Objective 1.2 and Policy 1.2.1: A search of the Florida Master Site File did not identify any
archaeological or historic resources on Johnston Island. While not documented as a historic
structure, the structure located on the southwest portion of the property shall be offered to a local
historic preservation advocacy group. The City encourages such preservation.
!~ Johnston Island PUD Small Scale FLUM Amendment 04/09/04
Obiective 1.3: The proposed amendment shall allow for a development that eliminates blighting
~,. influences that have a deleterious effect on the City. The proposed redevelopment project will
result in a stable neighborhood where City utilities and, facilities can be efficiently utilized. The
project's mixture of uses promotes healthy living condition among a premiere recreation outlet
~,,,, within the City of Atlantic Beach. Landscaping and building setbacks in the companion PUD
rezoning application exemplify how the project shall buffer non-conforming uses within this
master-planned project. The open space, signage, internal circulation, and parking requirements
are in keeping with the City's regulations regarding same. These regulations shall allow the
effect of avoiding unsafe conditions that would threaten the public health, safety and welfare.
Policv 1.3.2: The subject property of this amendment is an isolated island nearly a mile away
~" from any Atlantic Beach residence. It is not located close enough to adversely impact adjacent
jurisdictions or regional service providers and agencies. This unique location within the city
limits offers an opportunity not available to land on the mainland. The property is directly
~ adjacent to the primary hurricane evacuation route, Atlantic Boulevard. Recently, the bridge was
elevated to provide a more reliable means of emergency evacuation. With the Wonderwood
Connector opening soon, traffic utilizing Atlantic Boulevard for hurricane evacuation will be
~. drastically reduced as Wonderwood offers an additional east-west corridor from Mayport to I-
295/S.R. 9A.
~„ Polio 1.3.3: This plan amendment is a vehicle to promote the various goals, objectives and
policies in the Future Land Use Element. The property was annexed into the City and
inadvertently classified as Conservation, lumped in with all of the tidal marshlands that were
included in the same annexation. The property's existing conditions reflect a disturbed,
neglected, developed island containing debris and other refuse. This isolated island is used as a
harbinger of illicit activities and nefarious conduct. This redevelopment proposal shall remove
this negative element and force it to go elsewhere.
Policy 1.3.4: The companion PUD rezoning application contains provisions for landscaping and
other buffering methods within the project. The result shall prevent inappropriate land uses
~• relationships, obscure noise transmission, screen unattractive views, and enhance the aesthetic
qualities found in the City.
,~, Policy 1.3.5: Environmental enhancement, economical development, and efficient land use
patterns are permissible under the proposed PUD rezoning. The PUD was drafted in
conformance with the Land Development Regulations' PUD provisions found in Division 6.
~ Policv 1.3.7 and Objective 1.7: The Applicant met with City Staff to discuss the potential
redevelopment project and was informed that utilities can be located and designed to provide the
most cost-effective service to the project.
~*
Policy 1.3.8: This policy is not applicable as the City is the primary utility service provider and
shall serve the proposed PUD.
Policy 1.3.9: The proposed amendment is for a Future Land Use Map classification of Medium
Density Residential (7 to 14 dwelling units per acre) for a majority of the site and General
~• Commercial for a small northwestern portion of the site. However, the PUD repeatedly states
that the maximum residential density shall not exceed 10 dwelling units per acre, far less than the
MDR classification will allow for. The small number of dwelling units permissible under this
~,. scenario poses no threat to the ability of Atlantic Boulevard to serve as an emergency evacuation
Johnston Island PUD Small Scale FLUM Amendment 04/09/04
route, especially with the Wonderwood Connector allowing Mayport and eastern Atlantic Beach
residents an alternative, more proximate, route.
Policy 1.3.10: The non-residential intensity standards contained in this policy shall be adhered to
(0.5 to 1.0 FAR), even though the City's Evaluation and Appraisal Report acknowledges that this
standard is not particularly relevant.
Objective 1.4: The proposed amendment shall allow for improvement of the physical character
"'"" of the City. It shall eliminate substandard development through conservation of natural resources
and redeveloping others. The City encourages improving the appearance and character of the
City through improvements to buildings and facilities.
Policy 1.4.1: The subject property contains substandard structures and a blighted site condition
that reflects poorly on the City. The proposed amendment and PUD rezoning will achieve an
improved appearance and stable community without the need to more effective code enforcement
to deter physical obsolescence and blight.
~,,, Objective 1.5: Development resulting from this amendment shall adhere to the permitting
requirements of St. Johns River Water Management District, Florida Department of
Environmental Protection, and the U.S. Army Corps of Engineers.
Objective 1.6: The companion PUD rezoning application is a vehicle for the City to encourage
an innovative land development approach that reduces dependence on automobile travel (mix of
uses, watercraft accessibility) and conserving natural resources (tree preservation, shoreline
~"" stabilization).
Policy 1.6.1: The City's planned development regulations are being utilized as an opportunity for
r* encouraging innovation, creativity, and imaginative design.
Policy 1.7.1: While the City is practically built-out, facilities and services to meet the adopted
~,,,, levels-of-service are in place, The proposed amendment is a small-scale redevelopment project
that does not necessitate a significant increase in services or facilities.
~ Objective 1.8: The intended plan of development shall exemplify ahigh-quality project that is
compact in form, where buildings do not-cover more than 35% of the site. Its clustered land use
pattern may yield cost-effective provisions of City services. Local residents may benefit by the
introduction of new employment opportunities at the non-residential elements of the PUD.
Policy 1.8.1: The City annexed the subject property and is confident in its ability to provide
services and facilities in a manner that maintains adopted levels-of-service standards.
Polic,~1.8.2: The multi-family residential units shall be clustered and the City encourages
clustering of urban land uses in locations where infrastructure facilities are available or where
extensions and enlargements can be achieved efficiently.
Policy 1.8.3: No density bonuses are being sought after as part of this amendment. The
maximum density within the PUD shall be 10 dwelling units per acre.
~ Johnston Island PUD Small Scale FLUM Amendment 04/09/04
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Planned Unit Development (PUD)
Application Package
ORDINANCE NUMBER: 52-04-02
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, ADOPTING ORDINANCE NUMBER 52-04-02,
REZONING LANDS AS DESCRIBED HEREINAFTER FROM
CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD), 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 for the City of Atlantic Beach, Florida hereby finds that
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 accomplish and implement
the goals and objectives of the Comprehensive Plan, and
WHEREAS, after required notice was published, public hearings and reading of the
~" proposed ordinance were held on the 12th day of July, 2004 at 7:15 p.m.; the 26th day of July, 2004
at 7:15 p.m, and final public hearing and reading of the ordinance was held on September 27, 2004,
at 7:15 p.m to hear and enact said Ordinance.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. That, as requested by Prosser Hallock Engineers and Planners on behalf of
~„ Bridge Tenders, LLC Inc., the title owner of record in the application (File Number REZ 2004-0 l )
with supporting documents for the zoning change dated January O5, 2004, and submitted to the City
of Atlantic Beach, Florida on January 07, 2004, 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 within Exhibit 2 -Legal Description of
said application 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 amended PUD Application and Exhibits, attached to this ordinance,
first filed January O5, 2004, and last amended September 16, 2004, and other supporting documents,
which are a part of File Number REZ-2004-01, 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 52-04-02 Page 1 of 3
SECTION 3. Findings of Fact: The need and justification for approval of the JOHNSTON
ISLAND PUD have been considered in accordance with the currently effective City of Atlantic
'" Beach 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 and
recommendation from the Community Development Board and after public hearings before
the City Commission with legal notice duly published as required by law.
2. This rezoning ordinance shall not become effective until the effective date of the companion
application for a Small Scale Amendment, amending the 2005 Future Land Use Map
designation of those lands as described within application File Number SSA-2004-01 from
Conservation to Residential, Medium Density and from Conservation to Commercial.
3. This rezoning to Planned Unit Development, and the .specific plan of development, is
consistent with the Comprehensive Plan, adopted December 13, 1990 by Ordinance Number
95-90-48, as amended, and the Future Land Use Designation of Residential, Medium Density
and Commercial.
~ 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 Commercial
!~" General and Light Industrial and Warehousing, and said lands to be redeveloped are not
composed of open land, water, marsh and wetland areas.
5. 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 the 1990 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 this
Chapter, and
7. The zoning district designation of Planned Unit Development, and the specific uses and
special conditions as set forth therein, 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.
SECTION 4. 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
~ Ordinance 52-04-02 Page 2 of 3
"" 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 5. This Ordinance shall be recorded in a book kept and maintained by the Clerk.
~,~,, of the City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68, Florida
Statutes.
~. SECTION 6. This ordinance shall not become effective until one (1) day following the
effective date of companion Ordinance 31-04-03, said ordinance changing the 2005 Future Land Use
Map designation of lands described and as set forth within Application File Number SSA-2004-01.
~* Upon the effective date of this Ordinance, the change in zoning classification shall be recorded on
the official Zoning Map as maintained in the Building, Zoning and Community Development
Department by the Community Development Director or designated administrative official. In the
!~" event that Ordinance 31-04-03 is not enacted, this ordinance and the proposed Johnston Island PUD
shall not subsequently be enacted and made effective.
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 12th day of July, 2004.
Passed, as amended, upon final reading and public hearing this 27th day of September, 2004.
Effective Date:
(To be established in accordance with
preceding Section 6 of this Ordinance.l
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
,~ JIM HANSON,
City Manager and Acting City Clerk
Ordinance 52-04-02 Page 3 of 3
JOHNSTON LSLAND PUD
April 9, 2004 (Revised September 16, 2004)
PUD Rezoning Application Submitted on Behalf of
~, Bridge Tenders, LLC Ron Zajack, Managing Director
P. O. Box 40925
Jacksonville, Florida 32203
Authorized Agent.•
Prosser Halloclc
PLANNERS & ENGINEERS
13901 Sutton Park Drive South, Suite 200 Jacksonville,
Florida 32224-0229
P - (904) 739-3655 f - (904) 730-3413
www. prosserhal lock. com
Contacts:
Chad A. Grimm, ASLA
Anthony S. Robbins, AICP
Ex
~,,, 1
2
3
~ 4
5
6
7
8
9
10
hibits
Application Form
Legal Description
Conceptual Master Plan
Location Map
Authorization for Rezoning
Topography Map
Soils Map
Flood Zone Map
Proof of Ownership
Property Owners Within Three Hundred Feet
SECTION 1
INTRODUCTION AND APPLICATION
This Narrative of the Intended Plan of Development supplements the Application Rezoning to Planned Unit
Development (PUD) under Division 6 of the Zoning, Subdivision and Land Development Regulations for
'1'"" the City of Atlantic Beach, Florida. The Property is under unified control and is planned to be developed as
a single development operation in two phases, containing a private yacht club with no more than ten (10)
dwelling units per acre, allowing for a restaurant, a private marina, recreational amenities, and preserved
~, open space. This PUD Ordinance includes a program for the provision, operation, and maintenance of such
area, facilities, and improvements as will be for common use by some or all of the occupants of the Planned
Unit Development district, but which will not be provided, operated, or maintained at general public
expense
This PUD offers the City of Atlantic Beach an opportunity to promote the redevelopment of Johnston
Island, a blighted area located at the gateway to the City. This redevelopment effort will eliminate
~„ 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 City's economic base is not expected to change as the City is largely developed. This PUD offers an
economic boost to the City in both revenue generation and aesthetic. enhancement at the City's gateway.
This PUD will foster a stable residential neighborhood that encourages.healthy living conditions.
The Applicant is proposing a high quality multi-use
development that offers a casual lifestyle surrounded by
natural beauty and be a wonderful place to call home. This
project offers a positive fiscal benefit to the City's collected
revenues and an excellent cost-benefit impact through
provision of a user for the City's utilities. The Johnston Island
PUD will display an air of prestige and elegance to those
travelling to the City from the west, an attractive feature to let
people know they have arrived at one of Florida's finest cities.
This PUD will bolster a fine, quality restaurant on the water,
something currently not found in the City. The yacht club will
be located over 4,000 feet from the nearest home and shall act
as an attractive screen that prevents City residents from
viewing the industrial park to the west.
Perhaps, after a day on the waterway, members and their guests would dock at a transient slip and enjoy
delicious cuisine and fine dining service in the elegance and charm of the club's hospitality and world-class
service enjoyed in a relaxed atmosphere along the Intracoastal Waterway.
This PUD shall also exemplify the orderly development of Atlantic Beach as embodied in the City's
Zoning, Subdivision and Land Development Regulations and Comprehensive Plan. This proposal will
meet or exceed the quality found in other upscale areas of the City. The project shall not adversely affect
the health, safety and welfare of the residents or workers in the area, will not be detrimental to the natural
environment or the development of adjacent properties, and will accomplish the objectives, standards, and
criteria set forth in the City's Zoning, Subdivision and Land Development Regulations.
The Property is owned by Bridge Tenders, LLC who has authorized Prosser Hallock, Inc. to act on their
behalf with regards to this rezoning. Evidence of this authorization is attached as Exhibit 5. A list of
property owners within three hundred (300) feet of the Property is included as Exhibit 10.
The Applicant stipulates and agrees to proceed with the proposed development in accordance with this
~„ PUD Ordinance by the City Commission of Atlantic Beach, Florida. The term "Applicant" or "Developer"
~, Johnston Island Planned Unit Development 04/09/04 (Revised 09/16/04)
Page 2
City's current western view of an industrial park
~"
shall include any subsequent owner or developer of the Property (please refer to PUD Section 5 for more
details).
Consistent with Comprehensive Plan Objective 1.3, the PUD contains a development pattern that prevents
blighting influences. The refurbishment of Johnston lsland shall eliminate non-conforming uses having a
~. deleterious effect on surrounding areas and foster a stable neighborhood. The Subject Property is in an
excellent location for connection to City services and the yacht club encourages healthful living conditions.
Consistent with Comprehensive Plan Policy 1.3.5, the Developer is seeking rezoning to Planned Unit
Development to achieve environment enhancement, economical land development, and efficient patterns of
land use. The residential uses shall be clustered together and provisions are made for civic areas and
preserved open space. Comprehensive Plan Policy 1.8.2 encourages clustering of urban land uses in
~. locations where infrastructure facilities are available or where extensions and enlargements can be achieved
efficiently.
The intended plan of development is consistent with Comprehensive Plan Objective 1.4's desire to achieve
~" improvement of the physical character of the City and eliminate substandard development programs
directed at conservation and through redevelopment of structures.
~„n This PUD will allow the City to continue to maintain a development character, which is compact in form,
orderly in its land use pattern, and diversified in its makeup so as to ensure employment, a pleasant living
environment, and cost-effective public services.
~ w~u~swn isiana riannea unit Development 04/09/04 (Revised 09/16/04)
Page 3
SECTION 2
PHYSICAL SITE CHARACTERISTICS
The Property is located on the north side of Atlantic Boulevard between the Jacksonville city limits and the
Intracoastal Waterway (see Exhibit 4). 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.
Access to the site is from the old Atlantic Boulevard bridge.
~„ The Property is currently zoned Conservation, however, the Property contains several dilapidated
residential structures and a deteriorating restaurant. This PUD rezoning will allow for infill redevelopment
of the Property to a use more in keeping with the vision, values, and character of Atlantic Beach,
'~"' 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.
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.
~ ~onnston tsland Ytanned Unit Development 04/09/04 (Revised 09/16/04)
Page 4
Trash discarded along the island's western boundary
Existing dilapidated building on the property
Aerial view northward from Atlantic Boulevard
View westward from the Atlantic Beach mainland
SECTION 3
PERMISSIBLE USES, RESTRICTIONS AND GUIDELINES
3.1 Master Plan
The Master Plan is attached as Exhibit 3 of this text.
The residential element of this multi-use PUD will contain a maximum of ten (10) dwelling units per acre
~„ in the form of condominium and/or single family units, far less than thefourteen (14) units per acre allowed
in Medium Density Residential areas. The residential element shall include amenities such as, but not
limited to, a pool and cabana, boardwalk, a private marina, pavilions/gazebos, community room,
landscaping and an open space plaza between the building and the Intracoastal Waterway.
The residences shall be accessed by an existing entry/egress point abutting the existing FDOT-maintained
road providing access to Atlantic Boulevard. A separate gated entry/egress access to the residential
~ element may be allowed subject to FDOT permitting. All internal vehicular use areas connecting to this
road will be maintained by the property owners association and shall not be the responsibility of the City of
Atlantic Beach.
~' The residential element may contain customary accessory uses, including but not limited to, pump houses,
marina support buildings, and storage buildings.
~ The marina club and lodge shall encompass the remainder of the Property that is not part of the residential
element. The yacht club may include a restaurant with indoor and outdoor seating, screened service
facilities, boat access for restaurant patrons, marina promenade walkway, cabanas, plaza with benches,
drop off area and landscaping, improved boat docking pilings, a civic space with outdoor seating, preserved
open space, parking areas, and private marina for members. There shall be no commercial use of the
marina other than by patrons of the restaurant or yacht club members and their guests.
3.2 Development Standards
The following development standards will maintain the character and quality that exists in the City of
Atlantic Beach.
Maximum Height of Structures The maximum height shall be thirty-five (35) feet.
Minimum Yard Requirements
'~ Front Ten (10) feet
Side Ten (10) feet
Rear Twenty (20) feet.
Maximum Residential Density Ten dwelling units per acre (10 du/ac)
Maximum Non-Residential Intensity Twelve thousand square feet per acre (12 ksf/ae)
Minimum Residential Unit Square Footage One thousand (1,000) square feet
~,,, 3.3 Minimum Parking Requirements
Standard parking space dimensions: Nine (9) feet.by eighteen (18) feet
Handicapped accessible parking space dimensions: Twelve (12) feet by eighteen (18) feet
"""' Minimum two-way driveway aisle Ten (10) feet
Minimum two-way driveway width Twenty (20) feet
~,,, Off-street narking spaces required
~ Johnston Island Planned Unit Development 04/09/04 (Revised 09/16/04)
Page 5
~*
A. Multi-family residential Two (2) spaces per dwelling unit
B. Marina Club One (1) space for every four (4) seats
C. Marina Lodge One (1) space for each rental unit
D. Marina One (1) space per slip less (A), required residential spaces
(Required parking shall include handicap spaces consistent with the Florida Accessibility Code for Building Construction.)
Off-street loading spaces required:
Restaurant One (1) space for the first IOKSF plus one (1) per additional 20KSF
3.4 Temporary Construction and Sales Trailers
~,,, The Applicant 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
Applicant, 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.
~ 3.5 Buffering Between Residential and Non-Residential Uses
There shall be a building fagade, a solid masonry wall, wood fence, or landscaping (or combination thereof)
between the restaurant and the condominiums. Such buffer shall be a minimum of five (5) feet in height
~"' and shall be constructed and maintained along the entire length of the adjoining boundary line. When
landscaping is used as the required buffer, such landscaping shall provide one hundred (100) percent
opacity within twelve (12) months of installation.
Where a fence or wall is used, such wall or fence height shall be measured from the finished grade of non-
residential property, whether filled or not. Buffer walls and fences may be constructed to a maximum
height of eight (8) feet. In no case shall a wall exceed eight (8) feet in height as measured from the lowest
side.
3.6 Utilities
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 V[JA lighting will be provided
a~. and maintained by a property owners association. Potable water and sanitary sewer service shall be
provided by the City of Atlantic Beach Public Works Department in accordance with their terms and
requirements. 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.
3.7 Roadways and Drainage
~"
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 Building and Zoning Department for approval prior to commencement of
construction.
Proposed interior vehicular use areas (WAs) 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
~, Johnston Island Plaimed Unit Development 04/09/04 (Revised 09/16/04)
Page 6
~*
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.
If ownership of the access road is transferred from FDOT, the City of Atlantic Beach shall have first option
~,,, from FDOT should they wish to lease/sell the access road. In the event the road is no longer owned by
FDOT, public access shall be maintained from c~ak until dart on the roadway and nothing contained in
this PUD shall prohibit that access. daaJrr Olds/~
!~""' 3.8 Refuse Collection Areas
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.
3.9 Landscaping
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 continuos 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.
3.10 Signage
One (1) sign identifying the development name shall be allowed at the intersection of the access road and
Atlantic Boulevard and near the existing access point into the PUD. Johnston Island shall adhere to all City
of Atlantic Beach Signage regulations.
3.11 Environmental and Cultural 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 this PUD. A minimum
twenty-five (25) foot wide undisturbed buffer shall be maintained between development and delineated
jurisdictional wetlands. In cases where the aforementioned buffer is demonstrated to the Community
Development Director's satisfaction to be unreasonable or impractical, an averaged twenty-five (25) foot
undisturbed buffer may be provided. All buffers and environmental protection measures required by the
U.S. Army Corps of Engineers, Florida Department of Environmental Protection, and St. Johns River
Water Management District shall be adhered to.
s^
~ ~onnston tsiand Planned Unit Development 04/09/04 (Revised 09/[6/04)
Page 7
~.
SECTION 4
SCHEDULE OF DEVELOPMENT
The Johnston Island Planned Unit Development shall be developed within ten (10) years of City of
Atlantic Beach approval of construction/engineering plans }~eried. 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.
SECTION 5
OWNERSHIP AND MAINTENANCE
The common facilities situated within the development shall be conveyed to and maintained by a properly
formed property owners 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 easementJpublic right-of--way and shall be owned, managed, and maintained by the property
~„ owners association, its successors and assigns.
All dwelling units within this PUD shall be sold subject to uniform covenants and restrictions which shall,
in addition to other matters, implement the terms of this PUD. The covenants and restrictions will be
~"' enforced by the property owners association. Each unit owner will pay a capital contribution fee and will
pay annual dues to the property owners association.
,~„ All open space and amenities within the residential element shall be owned by a property owners
association.
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.
The owners of the Property agree to proceed with the proposed development in accordance with this PUD
Ordinance and such conditions and safeguards as may be set by the City Commission 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.
~ Johnston Island Planned Unit Development 04/09/04 (Revised 09/16/04)
Page 8
A*
~*
Johnston Island
PUD
Exhibit 1
Application Form
~.
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/ci.atlantic-beach.fl.us
Date April 9, 2004 File No. ~~~ZOOy'o I Application No.
[~vi5~~ 09-/4'0
1. Applicant's Name Anthony S. Robbins, AICP c/o Prosser Hallock, Inc.
2. Applicant's Address 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229
3. Property Location Johnston Island, north of Atlantic Boulevard
4. Property Appraiser's Real Estate Number 172391-0000
5. Current Zoning Classification Conservation 6. Comprehensive Plan Future Land Use Designation Conservation
7. Requested Action Rezone to a multi-use project to be known as the Johnston Island PUD
8. Size of Parcel Approx. 7.5 acres 9. Utility Provider City of Atlantic Beach
APPLICATION FOR REZONING TO
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH THIS APPLICATION IS CORRECT:
Signature of owner(s) or authorized person if owner's authorization form is attached:
Printed or typed name(s): Anthony S. Robbins, AICP
Signature(s):
ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALL CORRESPONDENCE REGARDING THIS
APPLICATION Name: Anthony S. Robbins, AICP c/o Prosser Hallock, Inc.
Mailing Address: 13901 Sutton Park Drive S, Suite 200 Jacksonville, Florida 32224-0229
Phone: (904) 739-3655 FAX: (904) 730-3413 E-mail: trobbins@prosserhallock.com
10. Provide a textual narrative and a composite site plan, which demonstrates compliance with Article III, Division 6 of
the City of Atlantic Beach Zoning, Subdivision and Land Development Regulations. The narrative, and any required
attachments, should concisely address each of the provisions and requirements of Section 24-130 and should be
provided in an order and format consistent with this Section. Please provide a cover page and a table of contents
identifying each attachment to the application. The requested material are attached to this application.
11. The following items must be submitted with the application:
a. List of adjacent property owners within 300 feet of the property including name, mailing address and Property
Appraiser's Real Estate number from most recently certified tax rolls. Address two (2) legal size envelopes to each
property owner on the list. Do not include a return address. Each envelope must contain proper postage. The order of
the envelopes must match the order in which the names aaaear on the list.
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.
c. Required number of copies: five (~ Please submit ten (10) copies of any plans or attachments that are larger than 11 x
17 inches in size, or any other items that cannot be easily reproduced.
d. Application Fee. ($500.00)
~"'
Johnston Island
PUD
Exhibit 2
Legal Description
Johnston Island PUD
Exhibit 2
Legal Description
~"" TRACT 1 : THAT PART OF UNSURVEYED FRACTIONAL SECTION 1 9, 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 500 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.
SUBJECT HOWEVER, TO THE EASEMENT OF THE UNITED STATES OF AMERICA IN
AND TO THE 500 FOOT RIGHT-OF-WAY OF THE INTRACOASTAL WATERWAY.
DESCRIBED IN DEED RECORDED IN DEED BOOK 592 PAGE 257, SAID PUBLIC
RECORDS, AND SHOWN ON A MAP RECORDED IN PLAT BOOK 14 PAGE 70, SAID
PUBLIC RECORDS.
SUBJECT FURTHER HOWEVER, TOT HE 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 1 67, 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 FLOW;
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.
Johnston Island
PUD
Exhibit 3
Conceptual Master Plan
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Johnston Island
PUD
Exhibit 4
Location Map
Johnston Island
PUD
Exhibit 5
Authorization for Rezoning
t*
OWNER'S AUTHORIZATION FOR AGENT
Chad A. Grimm and Anthony S. Robbins of Prosser Hallock, Inc. are hereby
"~ authorized to act on behalf of Bridge Tenders, LLC, the owner 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 a:
^ Zoning Variance ^ Appeal
^ Use-by-Exception ^ Fence or Pool Permit
~'" X Rezoning ^ Sign Permit
^ Plat or Replat X Other:
Comp Plan Map Amendment
BY: ~ "C
!"" Signature o caner ~~~
Print Name
Signature of er
Print Name
9~(3t~34?-0
Telephone Number
State of Florida
County of Duval
+~' Signed and sworn before me on this ~~_day of; 2003. ~e~. l:°rn /j ~~-
By
Identification verified: ~~ Q ~ l /C ~~ ~
y
Oath sworn: Yes No l
~V
~,,, r '~•~~. Mary Ann Thompson, Notary Signature
~: Commiarion ~ lx 973235
o`F ~'~' oat ~~ My Commission expires:
~ r
elt•~ Atlantic BoaBy~ ~ lilb
Johnston Island
PUD
Exhibit 6
Topography Map
• ~ 'JOHNSTON ISLAND"
IN PART OP SECTION 24, TOWNSHIP 2 SOUTH, RANGE 28 EAST AND A
PART OF UNSURVEYFD FRACTIONAL SECTION l 9, TOWNSHIP 2 SOUTH RANGE 29 EAST,
JACKSONVILLE, DUVAL COUNTY, FLOR/DA
CfRlK1fD l6 BQIQCf' iFW1FRS 1!: • CQIIIM'WNFL 1N LL' F Ar: p ••-c f.OLT+iS7
ANO ddACS1I7N Iu'f
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~~
1
~.
Johnston Island
PUD
Exhibit 7
Soils Map
• DUVAL COUNTY, FLORI
7t,'~uoortu (loins sheaf ~6) R. 29 E.
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4 / 34 fo r~ 34 I (''~ M1~ ~ 19. AIA 35 ;' : 4 1i~ d
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Exhibit 7
~~r""h'N s~~ Soils Map
~*
Johnston Island
PUD
Exhibit 8
Flood Zone Map
~.
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A
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Legend
ZONE
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® UNDES
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X
i J
N
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s
Scale: 1" = 2000'
Johnston Island
PUD
Exhibit 9
Flood IV1ap
April 9, 2004
Project No. 103043.01
Johnston Island
PUD
Exhibit 9
Proof of Ownership
t~
Prepared lay/Record and Retwn To:
Robert U. Mickley, Esquire
Rogers Towers, P.n.
1301 Riveiplace (31vd., Suite 1500
Jacksonville, Florida 32207
't r' ~'~'(~ ~C.t, i :,~~'~';: DocM X003359376
0°okt 11451
`?'~, `~'" `~~,`~ F` ;' I Pa esi 1664 166
~ ~ L, !. ~ I Fi~ed L Recorded E'
10/31/0003 O~t00e01 pM
JIM FIA.LER
CLERK CIR UIT COURT
atxrAl cot~t~r
RECORDIHB ! 13.00
TRUST FUlIp ! 2.00
DEED OOC STAMP ! 3,150,00
book 11451 Page 1664
WARRANTY DEED
THIS DEED is made this October 23, 2003, by and between LAURA [~EE
JOHNSTON PERIUNS, an unmarried woman cotlveying non-I~omestead real estate, whose
address is l I t West Force Street, Valdosta, Georgia 31 G02 (hereinafter referred to as tl~e
"Grantor"), and BRIDGE TENDERS, LLC, a Florida limited liahility company, whose address
is 1357 West Beaver Street, Jacksonville, Florida 32209-7632 (hereinafter referred to as the
"Grantee").
WITNESSETH: That the Grantor, for and inconsideration of the sum of Ten and No/100
Dollars ($10.00) paid by the Grantee, tl~e receipt and sufficiency of which are hereby
~,,, acknowledged, has granted, bargained, sold, and conveyed and by these presents does hereby
grant, bargain, sell, and convey unto the Grantee and its successors and assigns forever all of the
Grantor's undivided one-half interest in and to those certain lands lying and being in Duval
~, County, Florida, which are described on Exhibit "A" attached hereto and by this reference are
made a part hereof (the "Land").
Real Estate Parcel Number: 17239]-0000.
TO HAVE AND TO HOLD the same, together with the hereditaments and appurtenances
thereunto belonging or in anywise appertaining, subject to the following permitted encumbrances
(the "Permitted Encumbrances"):
t. Taxes and assessments for the year 2UU2 and taxes and assessments levied and/or
assessed subsequent to the dale hereof;
>E .
Easements, covenants, conditions, restrictions, and reservations of record, if an.y;
3. That certain Mortgage to Secure Present and Future Advances in favor of Thomas
Dumas, dated October 29, 2002 and recorded in Official Records Book 10752, page 2371 ~bf the
current public records of Duval County, Florida; and
4. That certain Notice and Acknowledgement of Retained Interest in favor of
Pelican Creek Boatyard, lnc., a Florida corporation, and Allen C.D. Scott, lll, dated August 14,
1996 and recorded in Official Records Book 8428, page 1135 of the current public records of
Duval County, Florida.
1,1X 7t13ghg 2 .
• 1 `
book 11431 Page 1665
Except as set forth in the Permitted Encumbrances, Grantor does hereby bind herself and
~ her successors to warrant and forever defend the title to the Land unto the Grantee against all
persons whomsoever.
1N WITNESS WHERF,OF, the Grantor has caused these presents to be executed the day
and year above written.
Witnesses:
~'-~
c J , .
~" ~ ~
Name: ~. (l w ~, t>!~ ',~~~c.<.~..~~
~. .-- S. S c' UAURA EE JOHNSTON PERKINS
Name: /sr~N S. Scot '
~.
STATE OF GE/ORGiA I
COUNTY OF C..ULlk1(./Q,.S
The foregoing instrument was acknowled ed before me thi~ y
g .~ da of October, 2003, by Laura
Lee Johnston Perkins. She (check olreJ is ~rsonally known to me or ^ has produced
as identification. ~
Notary P ic, State at~d ~ouVy aforesaid
~` Name: w
s (Notarial Seal)
J~GK1 WEq~
'' o r a••'''•.F9
r M1'COMM
O : EXPIRES : _Q
FEd.12,2GG7 ~ ~
IFS ~~ f3 1.~~~'~O~
~ouNn
.L+~X•,7u3~)x9
-~-
~"
book 11451 Page 1666
Exhibit "A"
Legal Description
Tract 1; That part of unsurveyed fractional Section Nineteen (19) Township 't'wo (2)
South, Range Twenty-nine (29) East, lying North of the One hundred (100) foot right of way of
Atlantic Boulevard and lying East of the unsurveyed fractional Section Twenty-four (24),
~"" Township Two (2) South, Range Twenty-eight (28) East, and lying South of the unsurveyed
fractional Section Eighteen (l8), Township Two (2) South, Range Twenty-nine (29) East, and
lying West of a litre Two Hundred (200) feet Easterly (measured along the North right of way
~"' line of Atlantic Boulevard) of and parallel to the East Five I~undred (500) foot right of way of tl~e
Intracoastal Waterway as shown on a neap recorded in Plat Book 14, Page 7U, of the current
public records of Duval County, Florida.
Tract 2: All of the unsurveyed fractional Sectiun Twenty-four (24), Township 2 South,
Range 28 East, lying East of the center of the Intracoastal Canal as the waters in the same now
~,,, flow; said parcel of land being also described by metes and bounds as follows:
Commencing as a Point of Beginning 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, running thence Northerly along the center line of said Intracoastal Canal as the waters of
~' 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.
~.~xauwH~t
~, - -3 -
Prepared By/Record and Return To:
Robert O. Mickley, lisquire
~' Rogers Towers, P.A.
1301 Riveiplace Blvd., Suite I S00
Jacksonville, Florida 32207
5 MIN. kEiUkN
PNONE ~^~c~.~~ )L~' )
DocM 2003359377
Book: 11451
P~Nes: 1667 - 1670
Filed 4 Recorded
JIMiFUt,LfR003 04:00:01 pM
DUVAL COUHTYIT COURT
RECORDING
iRUSi Flp~p f 17.00
DEED DQC 5iAMP = 2.50
~ x,450.60
Hook. 11451 page 1667
WARRANTY DEED
THIS DEED is made this October 2~ , 2003, by and between JOHNSTON i~.AND,
LC, a Florida limited liability company, whose address is 3218 Northeast 29th Street, Gresham,
Oregon 97030 (hereinafter referred to as the "Grantor"), and BRIDGE TENDERS, LLC, a
Florida limited liability company, whose address is 1357 West Beaver Street, Jacksonville,
Florida 32209-7632 (hereinafter referred to as the "Grantee").
~* WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100
Dollars ($10.00) paid by the Grantee, the receipt and sufficiency of which are .hereby
acknowledged, has granted, bargained, sold, and conveyed and by these presents does "I~reby
w,,, grant, bargain, sell, and convey unto the Grantee and its successors and assigns forever all of the
Grantor's undivided one-half interest in and to those certain lands being in Duval County,
Florida, described on Exhibit "A" attached hereto and by this reference made a part hereof.
Real Estate Parcel Number: 172391-0000.
TO Ht~cVE AND TO HOLD the same, together with the hereditaments and appurtenances
~ thereunto belonging .Qr in anywise appertaining, subject to the Permitted Encumbrances more
particularly described orr-Exhibit "B" attached hereto and by this reference made a part hereof.
Except as set fo:tli in t(te ~'ey~~tted .Encumbrances, Grantor does hereby bind itself and its
~. successors to warrant and fore3br~tl~fend the title to said premises unto the Grantee against all
persons whomsoever.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day
and year above written.
Witnesses:
~•
/' ~
Name: S. ussbav
n^,
~IJ,-~C~4-r,~~hS
Name: W 1 ~yrt ~- M N V ts~3Au 1h
JOHNSTON ISLAND, LC, a F ida limited
liability co ~p~ti
By:
Name: William H, Jo~f ton
Its: U cu ~~.. ;'(' ~-
r
,Y
1
STATE OF ~ t.L1 Rtp~
COUNTY OF 'DU~/~
Book 11451 Page 1668
The foregoing instrument was acknowledged before me this Z'~ day of October, 2003, by
William H. Johnston, the 0 ~ » of Johnston Island, LC, a Florida limited
liability company, on behalf of the company. e (check one) is O personally known to me or~
has produced 42C.(s(tr~ '~;;~~i r~Z'1 Li ~r;,~~ as identificatio~n.Q
LJ ~Gvw~~hSYICC..-,
"""'~"r"'~~~~ Notary Public, State and County aforesaid
~~ y~~.,....., c~ ''. Name:
'rA • i
* ~„ ~ J ~' ~;,- ' (Notarial Seal)
-, ~ : ~0p911771 : O~
'~77ruimu~~~`~
~nx~,~o3~tii_Z -2-
+~"' , r
Book. 11451 Page 1669
Exhibit "A"
Tract 1; That part of unsurveyed fractional Section Nineteen (19) Township Two (2) South, Range Twenty-nine
(29) East, lying North of the One hundred (100) fool right of way of Atlantic Boulevard and lying East of
unsurveyed fractional Section Twenty-four (24), Township Two (2) South, Range Twenty-eight (28) East, and
lying South of unsurveyed fractional Section Eighteen (18), Township Two (2) South, Range Twenty-nine (29)
East, and lying West of a line Two Hundred (200) feet Easterly (measured along the North right of way line of
Atlantic Boulevard) of and parallel to the East Five hundred (500) 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.
Subject However, to the Easement of the United States of America in and to the 500 foot right of way of the
Intracoastal Waterway described in Deed recorded in Deed Book 592 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 Twenty-four (24), Township 2 South, Range 28 East, lying east of the center of the
Intracoastal Canal as the waters in the same now flow; 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, running thence Northerly along the center line of said
Intracoastal Canal as the waters of 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
~"' . ~lrr
• E~ook 1141 page 1670
~•
Exhibit "B"
Permitted Encumbrances
-. Taxes and assessments for tl~e year 2003 and subsequent years, and taxes and
assessments levied and/or assessed subsequent to the date hereof.
2. The nature or extent of any submerged land included within the land described il~
Exhibit "A".
3. Any and all rights of tl~e United States of America over any lands now or
formerly lying under navigable waters, arising b.y reason of the authority of the United States of
*' America to control navigable waters in the interest of navigation and commerce, and any
conditions contained in any permit authorizing the filling in of such areas.
w 4. Any claim that any part of said land is owned by the State of Florida by right of
sovereignty and riparian rights, if any.
5. Easement to the United States of America in and to the 500 foot right of way of
the Intracoastal Waterway described in Deed Book 592, page 257, of the current public records
of Duval County, Florida.
~"'" 6. Rights, if any, of the public to use as a public beach or recreation area any part of
the land lying between the body of water abutting the subject property and the natural line of
vegetation, bluff, .extreme high water line, or other apparent boundary line separating the
~• publicly used area from the upland private area.
7. The interest of the United States of America as set forth in instrument recorded in
Deed Book G98, page 437, Deed Book 809, page 167 and Deed Book 874, page 237, of the
current public records of Duval County, Florida.
8. Right of Way Perpetual Easement recorded in Official Records Volume 435, page
'"' 417, of the current public records of Duval County, Florida.
9. General Permit to Southern Bell Telephone and Telegraph Company recorded in
,~ Deed Book 1354, page„74, of the current public records of Duval County, Florida.
to. Any Part of caption in the Right of Way of Atlantic Boulevard.
tt. Rights of tenants in possession, as tenants only, under any unrecorded leases.
JAx\7U37U 1 2
-4-
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Johnston Island
PUD
Exhibit 10
Property Owners Within 300 Feet
i
±~
Johnston Island PUD
Exhibit 10
Property Owners Within 300 Feet
Parcel # 167131-0000
Moody Land Company, Inc. 4652 Philips Highway, Jacksonville 32207-7266
Parcel # 172389-0000
Queen of Peace Radio, Inc. 1611 Atlantic Boulevard, Atlantic Beach 32233-2516
Parcel # 172390-0000
United States of America c/o Exempt Chapter 15751, Jacksonville Beach 32250