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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. 2 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 3 CITY O AT ANT/IC BEACH, FLORIDA / Z/ �l 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. 01150288-1 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. -2- 01150288-1 JOHNSTON ISLAND PUD AMENDMENT WRITTEN DESCRIPTION l 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. -3- 01150288-1 17 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 -4- 01150288-1 Date: EXHIBIT C to Ordinance No. 90-19-242 a