Ordinance 90-17-227 (not signed) 04.27.2017
ORDINANCE NUMBER 90-17-227
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 FLEET LANDING PUD, TO PROVIDE FOR THE INCLUSION
OF AN ADDITIONAL 2.41 ACRES IN THE SITE PLAN, TO
CHANGE THE ZONING DISTRICT CLASSIFICATION OF SAID
ADDITIONAL 2.41 ACRES FROM CONSERVATION (CON) TO
PLANNED UNIT DEVELOPMENT (PUD), AND TO MODIFY THE
APPROVED SITE DEVELOPMENT PLAN FOR A NEW INTER-
NAL ACCESS ROADWAY, EXPANSION OF STORMWATER RE-
TENTION FACILITIES, SANITARY SEWER LIFT STATION, NA-
TURE TRAIL, AND CONSERVATION AREA; PROVIDING FOR
SPECIAL CONDITIONS; PROVIDING FOR FINDINGS OF FACT;
PROVIDING FOR A SAVINGS CLAUSE; REQUIRING RE-
CORDATION; AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission of the City of Atlantic Beach, Florida hereby finds that
the Fleet Landing Planned Unit Development modification enacted by this Ordinance shall provide
for orderly growth; encourage the appropriate use of land; protect and conserve the value of prop-
erty; 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 con-
sistency with the Comprehensive Plan, and
WHEREAS, after required notice was published, a public hearing was held by the Com-
st
munity Development Board on the 21 day of March 2017 at 6:00 p.m. Introduction and first
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reading of the proposed Ordinance by the City Commission was held on the 8 day of May 2017
and a public hearing to hear, consider and
at 6:30 p.m. Second reading of the proposed Ordinance
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adopt said Ordinance was held on the 22 day
of May 2017 at 6:30p.m.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Property Rezoned. That the Naval Continuing Care Retirement Founda-
tion Inc, the title owner of record filed the application (File Number 17-REZN-389) along with
supporting documents for the Planned Unit Development modification for inclusion of an addi-
tional 2.41 acres and the zoning change of said 2.41 acres from Conservation (CON) to Planned
Unit Development (PUD), and modification of the approved site development plan for a new
internal access roadway and sidewalk, expansion of stormwater retention facilities, a new sanitary
sewer lift station, nature trail, and conservation area, submitted to the City of Atlantic Beach,
Florida on February 15, 2017. The zoning classification of lands as described by legal description
within Exhibit A (the “Subject Property”) is hereby changed from Conservation to Planned Unit
Development (PUD) District.
SECTION 2. Development Plan. That development of the Subject Property shall pro-
ceed in accordance with the Fleet Landing Planned Unit Development modification application
and exhibits dated April 10, 2017 (the “Written Description”), attached as Exhibit B to this Or-
dinance, and incorporated by reference into and made part of this Ordinance. In case of conflict
between the Written Description and the provisions of this Ordinance, the provisions of this Or-
dinance shall prevail.
SECTION 3. Special Conditions.
a. Development within the Subject Parcel shall be similar to and consistent with the
design concept and architectural designs and styles depicted within renderings and drawings as
contained within the Written Description.
b. No development of any kind, including but not limited to walkways, roads, and
structures, shall occur within the “Conservation Area”, as depicted in Exhibit B-6, and that is
generally shown as the "Conservation Area" on the "PUD Modification Site Plan", Exhibit B-4.
c. Permitted uses on the portion of the Subject Property located west of the Conser-
vation Area line depicted in Exhibit B-6 are limited to the following items as shown on the PUD
Modification Site Plan, Exhibit B-4:
1) Expansion of an existing adjacent stormwater retention pond;
2) A two-lane internal access roadway, including a 5- to 8-foot wide sidewalk, as ap-
proved by the Fire Marshal;
3) A sanitary sewer lift station;
4) An elevated, nature trail not exceeding 10 feet in width;
5) A conservation area as described in Exhibit B-6; and
6) A temporary construction staging area is permitted but shall be removed and the area
reasonably restored within 90 days of receipt of a certificate of occupancy for the in-
dependent living facility
d. In addition to the Chapter 24 Land Development Regulations, development of the
Subject Property shall comply with the provisions of Chapters 8 Flood Hazard Protection and 23
Protection of Trees and Native Vegetation and other applicable provisions of the City of Atlantic
Beach Code of Ordinances, except as expressly set forth in the Fleet Landing PUD, as previously
and herein amended.
e. Notwithstanding the additional limits set forth above and the addition of an inde-
pendent living facility located on abutting property located in the City of Jacksonville, the cur-
rently authorized 324 residential units (320 built) and 88 nursing care beds (88 built) shall remain
in effect.
Ordinance 90-17-227/Page 2 of 4
SECTION 4. Findings of Fact. The need and justification for approval of the Fleet Land-
ing PUD modification have been considered in accordance with the Comprehensive Plan and the
Zoning, Subdivision and Land Development Regulations and, whereby it is found that:
a. This request for Planned Unit Development modification for inclusion of the Sub-
ject Property and zoning change from Conservation (CON) to Planned Unit Development
(PUD); and modification of the approved site development plan for a new internal access roadway
and sidewalk, expansion of stormwater retention facilities, sanitary sewer lift station, nature trail,
and conservation area in accordance with the Written Description, has been fully considered fol-
lowing a public hearing before and a recommendation from the Community Development Board
and after public hearing before the City Commission with legal notice duly published as required
by law.
b. This request for Planned Unit Development modification for inclusion of the Sub-
ject Property and zoning change from Conservation (CON) to Planned Unit Development
(PUD), and modification of the approved site development plan for a new internal access road-
way and sidewalk, expansion of stormwater retention facilities, sanitary sewer lift station, nature
trail, and conservation area in accordance with the Written Description, is consistent with the
2020 Comprehensive Plan and the Future Land Use Map therein, as amended, with the designa-
tion of the Subject Property as Residential, Medium Density (RM).
c. This request for Planned Unit Development modification for inclusion of the Sub-
ject Property and zoning change from Conservation (CON) to Planned Unit Development (PUD),
and modification of the approved site development plan for a new internal access roadway and
sidewalk, expansion of stormwater retention facilities, sanitary sewer lift station, nature trail, and
conservation area in accordance with the Written Description, is consistent with the Land Devel-
opment Regulations in that the Subject Property to be developed pursuant to this Planned Unit
Development modification is currently vacant, and the part of said Subject Property designated
as Zone AE on the Federal Emergency Management Agency flood hazard maps shall be devel-
oped in accordance with the provisions of Chapter 8. Flood Hazard Areas.
d. This Planned Unit Development modification does not adversely affect the or-
derly development of the City, as embodied within Chapter 24, specifically Article III, Division
6 of the Land Development Regulations, and within the Comprehensive Plan.
e. This request for Planned Unit Development modification for inclusion of the Sub-
ject Property and zoning change from Conservation (CON) to Planned Unit Development
(PUD), and modification of the approved site development plan for a new internal access road-
way and sidewalk, expansion of stormwater retention facilities, sanitary sewer lift station, nature
trail, and conservation area in accordance with the Written Description, is consistent with the
Land Development Regulations, specifically Article III, Division 6, establishing standards for
modifications to previously approved Planned Unit Developments. The development in accord-
ance with the Written Description does not change the total number of dwelling units; provides
for additional open space; and proposes minor roadway and utility improvements.
Ordinance 90-17-227/Page 3 of 4
f. The zoning district designation of Planned Unit Development, and the specific
uses and special conditions as set forth within the Written Description and this Ordinance are
consistent and compatible with surrounding development, and the proposed Planned Unit Devel-
opment modification will not adversely affect 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 prop-
erties or the general neighborhood.
SECTION 5. Conflict. To the extent they do not conflict with the unique specific pro-
visions of the Fleet Landing Planned Unit Development, as previously and herein amended, all
provisions of the Land Development Regulations, as such may be amended from time to time,
shall be applicable to this development. Notwithstanding any provision of this Ordinance, no
portion of any Building Code, Comprehensive Plan or any applicable state or federal regulation
shall be deemed waived or varied by any provision herein.
SECTION 6. 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, in accordance with Section 166.041, Florida Stat-
utes.
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Passed upon first reading by the City Commission of the City of Atlantic Beach this 8
day of May 2017. Passed and enacted, upon final reading and public hearing and adoption this
nd
22 day of May 2017.
Donna L. Bartle, CMC City Clerk Mitchell Reeves
Effective Date: Mayor/Presiding Officer
Approved as to form and correctness:
Brenna Durden, Esquire, City Attorney
Ordinance 90-17-227/Page 4 of 4