Fleet Landing REZ-13-00100052 Ord 90-13-218 04.26.2013 (draft)
ORDINANCE NUMBER 90-13-218
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 2.06 ACRES IN THE
SITE PLAN, TO CHANGE THE ZONING DISTRICT
CLASSIFICATION OF SAID ADDITIONAL 2.06 ACRES FROM
COMMERCIAL GENERAL (CG) TO PLANNED UNIT
DEVELOPMENT (PUD), AND TO MODIFY THE APPROVED
SITE DEVELOPMENT PLAN FOR RELOCATION OF CERTAIN
FACILITIES THEREIN; PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING FOR FINDINGS OF FACT;
PROVIDING FOR A SAVINGS CLAUSE; REQUIRING
RECORDATION; 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 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
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the Community Development Board on the 21 day of May 2013 at 6:00 p.m.
Introduction and first reading of the proposed Ordinance by the City Commission was
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held on the 8 day of July 2013 at 6:30 p.m. Second reading of the proposed Ordinance
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and a public hearing to hear, consider and adopt said Ordinance was held on the 12 day
of August 2013 at 6:30 p.m.
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 Foley & Lardner, LLP, as authorized by
Naval Continuing Care Retirement Foundation Inc, the title owner of record as identified
in the application (File Number REZ-13-00100052) along with supporting documents for
the Planned Unit Development modification for inclusion of an additional 2.06 acres and
Ordinance No. 90-13-218 / Page 1 of 4
the zoning change of said 2.06 acres from Commercial General (CG) to Planned Unit
Development (PUD), and modification of the approved site development plan for
relocation of certain facilities therein, submitted to the City of Atlantic Beach, Florida on
April 15, 2013 hereinafter known as the Fleet Landing Planned Unit Development
(PUD) modification application, which is attached to and made part of this Ordinance,
the zoning classification of lands as described by legal description within Exhibit A is
hereby changed to Planned Unit Development.
SECTION 2. That development of the lands within this Planned Unit
Development shall proceed in accordance with the Fleet Landing Planned Unit
Development modification application and exhibits, as attached to this Ordinance, first
filed April 15, 2013, and other supporting documents, which are a part of File Number
REZ-13-00100052, and incorporated by reference into and made part of this Ordinance.
In case of conflict between the application, the supporting documents, and the provisions
of this Ordinance, the provisions of this Ordinance shall prevail.
SECTION 3. Special Condition: Development within this Planned Unit
Development shall be similar to and consistent with the design concept and architectural
designs and styles depicted within renderings and drawings as contained within the
Planned Unit Development modification application, which are made part of this Planned
Unit Development Ordinance.
SECTION 4. Findings of Fact: The need and justification for approval of the
Fleet Landing 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:
1. This request for Planned Unit Development modification for inclusion of an
additional 2.06 acres and zoning change of said additional 2.06 acres from
Commercial General (CG) to Planned Unit Development (PUD), and
modification of the approved site development plan for the relocation of certain
facilities therein, has been fully considered following 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.
2. This request for Planned Unit Development modification for inclusion of an
additional 2.06 acres and zoning change of said additional 2.06 acres from
Commercial General (CG) to Planned Unit Development (PUD), and
modification of the approved site development plan for the relocation of certain
facilities therein, is consistent with the 2020 Comprehensive Plan Future Land
Use Map, as amended, and the designations of those lands as described within this
application as Residential, Medium Density and Commercial.
3. This request for Planned Unit Development modification for inclusion of an
additional 2.06 acres and zoning change of said additional 2.06 acres from
Ordinance No. 90-13-218 / Page 2 of 4
Commercial General (CG) to Planned Unit Development (PUD), and
modification of the approved site development plan for relocation of certain
facilities therein, is consistent with the Land Development Regulations in that the
specific land to be redeveloped pursuant to this Planned Unit Development
modification has consisted of previous uses defined by the Land Development
Regulations as residential and commercial, and said lands to be redeveloped are
not composed of open land, water, marsh and wetland areas.
4. This Planned Unit Development modification does not adversely affect the
orderly development of the City, as embodied within Chapter 24, specifically
Article III, Division 6 of the Land Development Regulations, and within the
Comprehensive Plan.
5. This request for Planned Unit Development modification for inclusion of an
additional 2.06 acres and zoning change of said additional 2.06 acres from
Commercial General (CG) to Planned Unit Development (PUD), and
modification of the approved site development plan for relocation of certain
facilities therein, is consistent with the Land Development Regulations,
specifically Article III, Division 6, establishing standards for modifications to
previously approved Planned Unit Developments. The revised site development
plan submitted depicts the same or fewer total number of dwelling units; the open
space is in the same general location and in the same general amount; and the
roads and drives follow approximately the same course.
6. The zoning district designation of Planned Unit Development, and the specific
uses and special conditions as set forth within this Planned Unit Development
modification, are consistent and compatible with surrounding development, and
the proposed Planned Unit Development 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 properties or the
general neighborhood.
SECTION 5. To the extent they do not conflict with the unique specific
provisions of this Planned Unit Development, all provisions of the Land Development
Regulations, as such may be amended from time to time, shall be applicable to this
development; except that modifications to this Planned Unit Development by 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 6. 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
Ordinance No. 90-13-218 / Page 3 of 4
City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
Passed upon first reading by the City Commission of the City of Atlantic Beach this
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8 day of July 2013. Passed and enacted, upon final reading and public hearing and
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adoption this 12 day of August 2013.
____________________________________
Mike Borno
Mayor/Presiding Officer
Approved as to form and correctness:
___________________________________
Alan C. Jensen, Esquire
City Attorney
Attest:
_________________________________________
Donna L. Bartle, CMC
City Clerk
Effective Date: ______________________
Ordinance No. 90-13-218 / Page 4 of 4