Fleet Landing 17-REZN-389 Staff Report CDB CITY OF ATLANTIC BEACH
COMMUNITY DEVELOPMENT BOARD
STAFF REPORT
AGENDA ITEM 4.B
CASE NO. 17‐REZN‐389
Request for a rezoning of the southern 2.4 acres of RE# 168341‐0000 lying in
the City of Atlantic Beach as permitted by Section 24‐62, from Conservation
(CON) to Planned Unit Development (PUD) while modifying the previously ap‐
proved PUD known as Fleet Landing created by Ordinance Number 90‐88‐135
as amended by Ordinance Numbers 90‐90‐152 and 90‐13‐218 to include said
2.4 acres as permitted by Section 24‐124.
LOCATION 1 Fleet Landing Boulevard
APPLICANT Joshua Ashby c/o Fleet Landing
DATE March 11, 2017
STAFF Steven G. Lindorff, CR&P LLC.
BACKGROUND
The original Planned Unit Development (PUD) zoning (Ordinance No. 90‐88‐135) was adopted by
the City Commission in 1989, and was previously amended in 1990 and 2013. Both of the amend‐
ments added land to the Fleet Landing life care development project. The 2013 amendment was
significant as it authorized the addition of a 24‐bed memory care facility (The Nancy House) to the
project. Fleet Landing is authorized for 324 residential units and 88 nursing care beds. The current
built condition is 320 residences and 88 beds.
Early this year, the applicant acquired the Estates of Atlantic Beach (“Estates”) parcel located to the
north and east of the existing Fleet Landing development. The new parcel is 29.35 acres of which
26.95 acres are in the City of Jacksonville. The remaining 2.4 acres are in Atlantic Beach and are the
subject of this PUD amendment. This latest acquisition brings the total size of the Fleet Landing
property to approximately 111.47 acres of which 72.55 acres are within the Atlantic Beach city lim‐
its.
The development of the Estates parcel was previously the subject of a review by the City of Atlantic
Beach that lead to the approval of a Declaration of Restrictive Covenants (Duval County Public Rec‐
ords Book 15040, Page 1819). An amendment was made to that document in May of 2016 (Duval
County Public Records Book 17674, Page 1351) that removed prior restrictions and added new
ones. Among those restrictions was the definition of a development parcel and nondevelopment
parcel as well as restrictions on access. A copy of the amendment is attached.
Page 2 of 8
PROJECT DESCRIPTION
The following is the applicant’s narrative statement regarding its intent regarding the proposed de‐
velopment of the entire newly‐acquired parcel, including the part located in Jacksonville. Staff notes
have been inserted where appropriate:
The applicant is in the process of expanding the campus to address the communities'
needs for additional senior housing and healthcare beds. The Naval Continuing Care
Retirement Foundation Inc. has acquired additional properties, formally known as
the "Estate of Atlantic Beach Property”, see Note 1, that are mostly located within
the City of Jacksonville, but also include a sma ll 2.4‐acre parcel within the City of
Atlantic Beach.
Exhibit C depicts the proposed expansion parcels and general campus expansion im‐
provements. To develop these properties and have a well‐functioning community
master plan, the applicant requests to modify PUD 90‐99‐135 [PUD: 90‐88‐135]
to add 2.4 acres of property and modify it's zoning to a category commensurate with
the overall Fleet Landing master plan and land use.
The purpose of these modifications is to allow an access drive, utilities and amenities
to a new Independent Living Complex located within the abutting City of Jacksonville
portion of the property. Exhibit D depicts the proposed improvements in context to
this request. The proposed zoning modification is necessary to resolve the incon‐
sistency between the property's current land use and zoning. Specifically, the prop‐
erty currently has a land use of Residential Medium Density (RM) and is zoned
Conservation (CON); the CON zoning is not consistent with the land use and was
originally an Open Rural (OR) zoning, which would allow for the proposed access
drive, utilities and amenities.
Note 1: Per Exhibit F, the 2.4‐acre property is located within the Parcel 2 boundary
and the proposed modification is consistent with the recorded Deed Restrictions.
[STAFF NOTE: This statement is accurate with respect to the 2.4‐acre part that
is the subject of this amendment since they do not propose constructing any
habitable structures, but it is noted that it is integral to the development of the
larger Estates parcel located in Jacksonville]
Note 2: The zoning inconsistencies between OR and CON occurred due to a blanket
change that modified all OR zoning to CON, and did not always consider the over‐
riding land use category, nor context of impacts to any specific parcel or master
development plan.
[STAFF NOTE: Staff agrees that the characterization of the CON future land use
designation in this instance is an anomaly, however, the proposed uses do not
conflict in a significant way provided that the roadway and utilities are con‐
structed in compliance with the City’s flood hazard area regulations.
Page 3 of 8
The proposed PUD modification will not increase the quantity of approved PUD
residential units, beds, density, or reduction of open space.
[STAFF NOTE: This statement is accurate with respect to the 2.4‐acre part that
is the subject of this amendment, but it is noted that it is integral to the devel‐
opment of the larger Estates parcel located in Jacksonville]
Development Standards: The development standards for the modification will be
per Section 24.108 and all other applicable Sections of the Atlantic Beach Land De‐
velopment Code.
Development Schedule: The development is proposed to be completed within 5
years.
Successors & Assignments: The owners agree to bind their successors in title to those
condition[s] contained within the amended PUD.
Maintenance: Operation and maintenance of the facilities will be the responsibility
of the owner.
COMPREHENSIVE PLAN
Per Section 24‐62.c.2 of the Atlantic Beach Land Development Code, the Community Development
Board shall “Indicate the relationship of the proposed rezoning to the comprehensive plan for the
city and provide a finding that the requested change in zoning is consistent with the comprehensive
plan.”
Below are the policies of the comprehensive plan that are relevant to this project. Consistency with
the comprehensive plan is one of the findings of fact necessary for approval of an amendment to a
PUD.
Future Land Use Element
Policy A.1.1.1
Land development within the City shall be permitted only where such development is compatible
with environmental limitations of the site and 2010‐2020 COMPREHENSIVE PLAN A‐3 2010 EAR
Based Amendment Future Land Use Element – GOPS Adopted March 22, 2010 by Ordinance Num‐
ber 31‐10‐09 Amended November 26, 2012 by Ordinance Number 31‐12‐10 only when submitted
plans demonstrate appropriate recognition of topography, soil conditions, flooding conditions,
trees, vegetation and other Environmentally Sensitive Areas, including wetlands and coastal re‐
sources, and habitat protection of rare, endangered or threatened species and areas of unique nat‐
ural beauty.
Policy A.1.2.1
The City shall protect natural wetlands and other Environmentally Sensitive Areas, as may be iden‐
tified by Map A‐2 [STAFF NOTE: Eastern half of site identified as part of “Freshwater Forested
Page 4 of 8
Wetland] and Map A‐4 [STAFF NOTE: Eastern half of site identified in the U.S. Fish and Wildlife
Wetlands Inventory, and St. Johns River Water Management District Wetlands and Deep‐
water Habitats] of the Future Land Use Map Series or as may be identified by other accepted envi‐
ronmental survey methodologies, and their functions from the adverse impacts of development by
maintaining the following required upland buffers between wetlands and adjacent development as
set forth herein and as also implemented through the Land Development Regulations.
(a) After the effective date of this plan amendment, a minimum natural vegetative upland
buffer of fifty (50) feet shall be required and maintained between developed areas and the
Intracoastal Waterway 2010‐2020 COMPREHENSIVE PLAN A‐4 2010 EAR Based Amend‐
ment Future Land Use Element – GOPS Adopted March 22, 2010 by Ordinance Number 31‐
10‐09 Amended November 26, 2012 by Ordinance Number 31‐12‐10 (ICW) regardless of
any other regulatory agency requirement of a lesser distance. This requirement shall also
apply to the portions of tributaries, streams, or other water bodies connected to the Intra‐
coastal Waterway. Such portions of the ICW and these tributaries, streams, or other water
bodies subject to this buffer requirement shall be established by the presence of a Mean High
Water Line of the adjacent tributary, stream or other water body as established in accord‐
ance with Chapter 177.26, Florida Statutes, and such Mean High Water Line shall be depicted
on all Site Plans, proposed development plans, and other documents submitted for review
and permitting. The fifty (50) foot upland buffer shall be measured from the St. Johns River
Water Management District or Florida Department of Environmental Protection Wetland ju‐
risdictional line. Determinations of vested rights which may supersede the requirement for
this 50‐foot buffer shall be made on a case‐by‐case basis in accordance with the Land Devel‐
opment Regulations and applicable Florida law.
(b) In the case of other natural wetland areas, which may not be directly connected to Intra‐
coastal related streams or waterways as described above, but are part of the coastal marsh
and estuarine system, a natural vegetative upland buffer of twenty‐five (25) feet shall be re‐
quired and maintained between development and adjacent wetlands. Where required, such
buffer shall be measured from the jurisdictional wetland line as established by the appropri‐
ate regulatory agency.
(c) With the exception of facilities to provide public access for the recreational use of Intra‐
coastal related natural resources, any buffers as may be required by preceding paragraphs
(a) or (b) shall be maintained in a natural state with the exception of the clearing of Under‐
story Vegetation as defined by Chapter 23 of the City’s Municipal Code of Ordinances, and
any such clearing shall be approved by the City and if required, the appropriate State or Fed‐
eral agency prior to any form of clearing, alteration or disturbance of a required buffer.
(d) Where remaining natural wetlands have been damaged or degraded over time through
previous development, storm events, improper drainage runoff or other adverse activities,
but where wetland vegetation and habitat still are predominant in quantity on a proposed
development site, all plans submitted for review or permitting shall demonstrate a plan for
mitigation, restoration, enhancement or recovery of jurisdictional wetlands. It is the express
intent of the City that no net loss of jurisdictional wetlands occur through any 2010‐2020
COMPREHENSIVE PLAN A‐5 2010 EAR Based Amendment Future Land Use Element – GOPS
Page 5 of 8
Adopted March 22, 2010 by Ordinance Number 31‐10‐09 Amended November 26, 2012 by
Ordinance Number 31‐12‐10 development action within the City. Any impacted wetlands on
a development site shall be replaced elsewhere on the same site or elsewhere within the City
of Atlantic Beach. The City shall incorporate appropriation provisions within the Land De‐
velopment Regulations to further implement this policy.
Policy A.1.2.3
The City shall require that, as a condition of development approval, new construction projects pro‐
vide effective stormwater management, which avoids the contamination of Environmentally Sensi‐
tive Areas, wetlands, marsh and estuarine environments in accordance with applicable water qual‐
ity standards of the St. Johns River Water Management District, the City’s National Pollutant Dis‐
charge Elimination Systems (NPDES) permit and Stormwater Management Plan and the Land De‐
velopment Regulations, as may be amended. Policy A.1.2.4 The City shall not issue development
permits that would significantly alter wetland communities and functions. Policy A.1.2.5 New de‐
velopment shall be subject to the stormwater regulations as set forth within the Land Development
Regulations, and post development conditions shall not discharge any increased level of stormwater
run‐off into the City’s stormwater system. Policy A.1.2.6 The City shall enforce all applicable wetland
regulations, including those as set forth within the Conservation and Coastal Management Element
of this Plan, and shall continue to develop and implement comprehensive strategies to provide for
the effective protection of wetlands, marsh and estuarine systems, and other Environmentally Sen‐
sitive Areas within and adjacent to the City.
Coastal and Conservation Element
Policy D.1.2.1
The City shall rigorously enforce its floodplain management regulations to conform with or exceed
the requirements of the Federal Emergency Management Agency.
[STAFF NOTE: With the exception of a small area in the westernmost part of the 2.4‐acre site,
the property is entirely located in the AE zone on the FEMA flood hazard maps. Zone AE are
areas that have a 1% probability of flooding every year (also known as the "100‐year flood‐
plain"), and where predicted flood water elevations above mean sea level have been estab‐
lished. Properties in Zone AE are considered to be at high risk of flooding under the Na‐
tional Flood Insurance Program (NFIP). See the excerpt of the Flood hazard map attached.
Policy D.3.2.1
The City shall require applicants for development permits to submit appropriate environmental
surveys and reports prior to the issuance of development permits. All applications for development
permits and applications to rezone to Planned Unit Development and other zoning related applica‐
tions shall be required to identify environmental features, including any Wetlands, CCCL, natural
water bodies, open space, buffers and vegetation preservation areas, and to sufficiently address any
adverse impacts to Environmentally Sensitive Areas.
WAIVERS
The applicant is not requesting that the City waive any Land De velopment Code requirements.
Page 6 of 8
POSSIBLE CONDITIONS
After speaking with several residents and the applicant, staff has identified several conditions
that the board may consider in their recommendation to the Commission:
1. That no development of any kind, including but not limited to walkways, roads, and
structures, occur within 550 feet of the eastern property line. This area is generally
shown as the “Conservation Area” on the “PUD Modification Site Plan”.
2. That the permitted uses on the land west of a line 550 feet from the eastern property
line include those allowed in the PUD created by 90‐88‐135, as amended, to specifically
include the following items shown in the PUD Modification Site Plan: an elevated nature
trail no wider than 6 feet; to the west and north of that a lift station; to the south of that
a temporary construction staging area; to the west of that a two‐way road as approved
by the Fire Marshall; to the west of that a 5 to 8 foot wide sidewalk; and to the west of
that a stormwater retention pond expansion.
Page 7 of 8
REQUIRED ACTION
The Community Development Board may consider a motion to recommend approval of the Fleet
Landing PUD Amendment (Application No.17‐REZN‐389) to the City Commission, modifying Ordi‐
nance No. 90‐88‐135, as previously amended, for lands described within said application, adopting
the application and supporting documents, and all terms and conditions as set forth therein, subject
to conditions enumerated, and provided the following, or similar, findings of fact:
(1) The request for the PUD Amendment has been fully considered after public hearing
with legal notice duly published as required by law.
(2) The amendment of the existing PUD is consistent with the Comprehensive Plan and
the Future Land Use Designations of Conservation and Residential, Medium Density.
(3) The amendment is consistent with the Land Development Regulations, specifically
Division 6, establishing standards for Special Planned Areas; and more specifically Section
24‐126 which provides that PUDs created prior to the effective date of the ordinance enact‐
ing the special planned area district provisions shall remain so designated on the zoning map
and shall remain subject to all specific terms and conditions as set forth within the particular
PUD ordinance, except that any change to a previously enacted PUD shall be made in accord‐
ance with the procedures as set forth within this division..
(4) The rezoning and the site development plan are consistent with the stated definition,
intent and purpose of Special Planned Areas.
(5) The zoning district classification of Special Planned Area, and the specific uses and
special conditions as set forth herein, are consistent and compatible with surrounding de‐
velopment.
The Community Development Board may consider a motion to recomm end denial of the Fleet Land‐
ing PUD Amendment (Application 17‐REZN‐389) to the City Commission, for the lands described
within said application, provided the following, or similar, findings of fact:
(1) The rezoning to Special Planned Area is not consistent with the Comprehensive Plan
and the Future Land Use Designation of Conservation and Residential Medium Density be‐
cause __________________________________________________________________________________________________
________________________________________________________________________________________________________.
(2) The rezoning is not consistent with the Land Development Regulations, specifically
Division 6, establishing standards for PUDs now governed by the requirements set forth for
Special Planned Areas because ______________________________________________________________________
________________________________________________________________________________________________________.
(3) The zoning district classification of a PUD now governed by the requirements Special
Planned Area and the specific uses and special conditions as set forth herein are not con‐
sistent or compatible with surrounding development because __________________________________
________________________________________________________________________________________________________.
Page 8 of 8
ATLANTIC BEACH FEMA FLOOD HAZARD MAP
(Excerpt)
SUBJECT PROPERTY