Ordinance No. 90-19-242ORDINANCE NUMBER: 90-19-242
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, MODIFYING A PREVIOUSLY
APPROVED PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE
JOHNSTON ISLAND PUD; TO APPROVE AND REPLACE THE
PREVIOUSLY APPROVED SITE DEVELOPMENT PLANS AND
WRITTEN DESCRIPTIONS WITH A NEW CONCEPTUAL SITE
DEVELOPMENT PLAN AND WRITTEN DESCRIPTION; PROVIDING
FOR FINDINGS OF FACT; PROVIDING FOR APPLICABILITY;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds
that the modification to the Johnston Island Planned Unit Development (PUD) to be 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 21st day of May, 2019 at 6:00pm to consider this
Ordinance. The CDB found it to be consistent with the City's Comprehensive Plan, as
amended, and voted to recommend approval by the City Commission; and
WHEREAS, the City Commission has considered this Ordinance after proper public
notice, two public hearings and comments from staff and the public.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Findings of Fact. This modification of the JOHNSTON ISLAND PUD
has been considered in accordance with the Comprehensive Plan and the Land Development
Regulations and, whereby, it is found that:
1. This request for a PUD modification has been fully considered following a public
hearing before and a 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 PUD modification is consistent with the 2030 Comprehensive Plan Future Land
Use Map, as amended, and the designations of the Property (as defined below) as
Recreation and Open Space, Commercial and Conservation on the Future Land Use
Map.
3. This PUD modification does not affect adversely the orderly development of the City.
4. This PUD modification is consistent with the Land Development Regulations,
including without limitation, Division 6, establishing standards for the modification to
previously approved Planned Unit Developments.
SECTION 2. Affected Properties. That as requested by Bridge Tenders, LLC, the
title owner of record of those lands as described by Legal Description attached hereto as
Exhibit A and made a part hereof (the "Property"), certain changes to the prior approved PUD
plan of development, as described and set forth in Section 3 below, are hereby approved.
SECTION 3. New Written Description and Conceptual Plan. This PUD modification
provides for a new development plan which replaces those plans previously approved by the
original Johnston Island PUD Ordinance Number 52-05-03 as adopted on August 22, 2005 and
by the PUD Modification Ordinance Number 52-10-04 as adopted on November 8, 2010. This
Ordinance hereby stipulates that those plans approved in accordance with Ordinances 52-05-
03 and 52-10-04 are no longer valid and any development that commences on the Property
must be in accordance with the terms of this PUD modification as more particularly described
in the Written Description dated June 17, 2019 and the Conceptual Plan dated May 28, 2019,
attached hereto as Exhibits B and C and made a part hereof.
SECTION 4. Applicability. To the extent they do not conflict with the unique express
provisions of this PUD Ordinance, all provisions of the Land Development Regulations and
other applicable provisions of the Code of Ordinances, 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. Notwithstanding any provision of this Ordinance, no portion
of any Building Code or the Comprehensive Plan shall be deemed waived or varied by any
provision herein.
SECTION S. Conflict. All ordinances, resolutions, official determinations or parts
thereof previously adopted or entered by the City or with any of its officials and in conflict
with this Ordinance are repealed to the extent inconsistent herewith.
SECTION 6. Severability. If a Court of competent jurisdiction at any time finds any
provision of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision
shall be deemed severable and removed from the remaining provisions of this Ordinance which
shall remain in full force and intact.
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SECTION 7. Effective Date. 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.
Passed upon first reading and public hearing by the City Commission of the City of
Atlantic Beach this J 044' day of June, 2019.
Passed and enacted, upon final reading and public hearing and adoption this 2- Wl day
of June, 2019.
Attest:
Donna L. Bartle
City Clerk
Approved as to form and correctness:
Bre . D L
City Attorney
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CITY O AT ANT/IC BEACH, FLORIDA
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El a Lasser
Mayor/Presiding Officer
EXHIBIT A
Page 1 of 2
Survey and Legal Description
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 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 1N PLAT BOOK 14 PAGE 70, SAID PUBLIC RECORDS. r
SUBJECT FURTHER HOWEVER, TOT HE INTEREST OF THE UNITED STATES O!` 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 PAGF 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 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 YHE 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.
QN
EXHIBIT
Page 2 of 2
WHN57"ON ISLAND"
IN PART OF 5ECTION 2.4, TOWNSHIP 2 SOUTH, RANGE 26 EA5T AND A
PART OP UN5URVtYED FRACTIONAL SECTION 19, T'OWN.5HIP 2 5OUTH RANGE29 EAST ,
JACC50NVILLE, DUVAL COUNTY, FLORIDA
EXHIBIT B
JOHNSTON ISLAND PUD AMENDMENT WRITTEN DESCRIPTION
June 17, 2019
Ordinance 90®19-242
A. The folloiving uses shall be permitted on the Property in the locations as generally
shown on the Conceptual Plan, dated May 28, 2019 attached hereto and made a part
hereof.
1. On that portion of the Property designated as Commercial on the FLUM, as amended
(3.0 acres):
a. Up to two (2) restaurants, which includes the "tiki bar" as shown on the
Conceptual Plan, open to the general public, subject to each ofthe following
conditions:
i. Customer dining seats shall not exceed one -hundred fifty (150) for each
restaurant, including indoor and outdoor dining seats and may include the
sale of alcoholic beverages for on premises consumption pursuant to SRX
licenses issued by the State of Florida.
ii. Outside sale, service and consumption of food and beverages.
iii. One restaurant may include an area permitting retail sales including food
and beverages, and the sale of beer and wine for off premises consumption
pursuant to the applicable license issued by the State of Florida, however,
said area maynot exceed 30 percent of the area of the restaurant.
b. The boat and snack shop as shown on the Conceptual Plan which may include
the sale of beer and wine for off premises consumption pursuant to the
applicable license issued by the State of Florida.
c. Floating docks on the east side of the Property for transient docking as may be
permitted by the appropriate state and federal agencies as shown on the
Conceptual Plan.
d. Canoe/kayak landing areas, subject to local, state and federal permitting
requirements, the location of which is subject to approval by the City as part of
development permit approval.
e. One above ground fuel pump for boats and watercraft, subject to all local, state
and federal permitting requirements, the location of which is subject to approval
by the City as part of development permit approval.
f. On site parking as shown on the Conceptual Plan.
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JOHNSTON ISLAND PUD AMENDMENT WRITTEN DESCRIPTION
June 17, 2019
2. On that portion of the Property designated as Recreation and Open Space on the
Future Land Use Map, as amended (1.1 acres):
Passive park and resource based recreation activities as shown on the attached
Conceptual Plan. These uses shall be open to the general public subject to hours of
operations set by the developer/owner. These areas may also be used for private
events.
3. On that portion of the Property which is designated as Conservation on the Future
Land Use Map, as amended (3.4 acres):
The uses shall be limited to the permissible uses described in the 2030
Comprehensive Plan for conservation lands.
B. Development Standards:
Unless specifically and otherwise set forth herein, all applicable provisions of the City of
Atlantic Beach Land Development Regulations and Code of Ordinances, as may be in
effect at the time any permits are sought, shall be applicable to development authorized
by this PUD Amendment.
C. Limitations and Restrictions:
The following limitations, in addition to those that apply pursuant to applicable
provisions of the City's Land Development Regulations and the Code of Ordinances,
shall apply to the use and development of the Property:
1. Fast-food drive-through restaurants shall not be permitted.
2. Sound of any type shall be limited to that which uses no outdoor amplifiers of any
kind and shall not be audible at any level or at any time beyond the boundary of the
open water surrounding the Property.
3. No boat wastewater shall be discharged into an onsite septic system. If a boat
pumpout waste dump system is constructed, it shall be designed such that waste is
discharged into separate collection tank(s) meeting and permitted in accordance with
all applicable local, state and federal environmental and public health regulations, and
it shall be regularly serviced and maintained according to maintenance contracts with
contractors competent in the repair and service of pumpout and waste dump
receptacle equipment.
4. No dry storage of boats, trailers or derelict boats shall be permitted, except that
canoes, kayaks and similar non -motorized watercraft may be kept on the Property.
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01150288-1
JOHNSTON ISLAND PUD AMENDMENT WRITTEN DESCRIPTION
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5. Pervious (coquina, gravel, pavers, or porous concrete) materials shall be used in the
parking area to reduce the amount of impervious surface.
6. One (1) of parking space shall be provided for every four (4) restaurant seats on the
Property. Parking may include parking within the FDOT right-of-way, subject to
approval by FDOT.
7. Lighting to serve outside seating areas shall be white in color and shall not spill over
to adjacent properties. The illumination values at all Property boundaries shall not be
more than 1.0 fc. Lighting elements shall be shielded with an opaque material, have
cutoff luminaries with less than a ninety (90) degree angle (down lighting) and may
be no more than twenty (20) feet in height. Nothing contained herein shall restrict the
lighting necessary to ensure safe travel of watercraft near the Property.
A landscape plan for the commercial and recreation/open space areas of the Property
shall be submitted as part of the development review application and must be
approved by the Director of Planning and Community Development.
D. Infrastructure
Electric and telecommunication lines shall be installed underground in accordance with
the policies of the utility provider. The Developer is responsible for the provision,
construction and maintenance of potable water and sanitary sewer facilities in accordance
with the terms and requirements of the City of Atlantic Beach Utility Department and
other applicable government agencies. Sanitary sewer facilities to be constructed by the
Developer shall be connected to the City's central wastewater system.
The development shall conform to the requirements of both the St. Johns River Water
Management District and the 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 as part of an application for a development permit
pursuant to the Code of Ordinances.
E. Access
Access will be provided to this PUD development by utilizing the existing FDOT
roadway that links the property to Atlantic Boulevard and shall be adequate to provide for
emergency vehicles and refuse collection.
F. Phases
Development pursuant to this PUD Amendment shall be in a single phase.
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01150288-1
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JOHNSTONISLAND PUD AMENDMENT WRITTEN DESCRIPTION
June 17, 2019
G. Ownership, Binding Effect and Maintenance
1. All areas other than the two restaurant areas, inclusive of the tiki bar and exterior
seating areas as shown on the Conceptual Plan, shall be maintained by the Developer
or a properly formed property owner's association in accordance with a declaration
of covenants and restrictions, subject to approval by the City Manager and recorded
with the Clerk of Courts of Duval County, prior to commencement of construction
on the Property.
2 The Developer stipulates and agrees to proceed with the development in accordance
with this PUD Amendment Written Description and Ordinance 90-19-242, as
enacted by the City Commission of Atlantic Beach, Florida. The term "Developer"
shall include the current owner, and any subsequent developers, owner(s), successors
and assigns of the Property.
Developer's commitment to proceed in accordance with the terms and conditions of this PUD
Amendment, as adopted and enacted by Ordinance Number 90-19-242, is attested hereto by
following signature.
Signed:
Charles O. Chupp, Managing Member
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01150288-1
Date:
EXHIBIT C to Ordinance No. 90-19-242
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