Fleet Landing PUD 90-88-135 Minor Mod 02.15.2017 1
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Fleet Landing
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PUD: 90-88-135
Minor Modification
Dated: February 15, 2017
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Naval Continuing Care Retirement Foundation Inc.
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ITable of Contents
I • Written Description
• Exhibit A: Location Map
• Exhibit B: Land Use & Zoning Map
I • Exhibit C: Master Expansion Plan
• Exhibit D: PUD Site Plan
• Exhibit E: Legal Description
I • Exhibit F: Deed Restriction Document
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IWritten Description for Minor Modification
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PUD: 90-88-135
Project Location: See Exhibit A
Description of Project: Fleet Landing is a full service continuing care facility providing a variety
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of independent living residential housing, assisted living care, memory care and skilled nursing
care. The facility opened in 1990 and has been owned and operated by the Naval Continuing
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Care Retirement Foundation Inc. since that time. The facilities' land use designation is Residen-
tial Medium Density (RM) and is zoned Planned Unit Development (Ord. 90-88-135, See Exhibit
B). The PUD Ordinance 90-88-135 and 2013 PUD Minor Modification approved the 73 plus acre
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site for 324 residential units and 88 beds, with a density of 4.37 units per acre. The facilities'
current as-built condition includes 320 residential units and 88 beds; leaving an approved unit-
' bed surplus of 4 residential units.
Description of Proposed Modification: The applicant is in the process of expanding the campus
Ito address the communities' needs for additional senior housing and healthcare beds. The Na-
val Continuing Care Retirement Foundation Inc. has acquired additional properties, formally
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known as the "Estate of Atlantic Beach Property", see Note 1, that are mostly located within
the City of Jacksonville, but also include a small 2.4 acre parcel within the City of Atlantic Beach.
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Exhibit C depicts the proposed expansion parcels and general campus expansion improve-
ments. To develop these properties and have a well-functioning community master plan, the
applicant requests to modify PUD 90-99-135 to add 2.4 acres of property and modify it's zoning
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to a category commensurate with the overall Fleet Landing master plan and land use.
I 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 prop-
erty. Exhibit D depicts the proposed improvements in context to this request. The proposed
Izoning modification is necessary to resolve the inconsistency between the property's current
land use and zoning. Specifically the property currently has a land use of Residential Medium
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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
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drive, utilities and amenities.
Note 1: Per Exhibit F the 2.4 acre property is located within the Parcel 2 boundary and the pro-
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posed modification is consistent with the recorded Deed Restrictions.
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111 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 overriding land use category,
nor context of impacts to any specific parcel or master development plan.
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The proposed PUD modification will not increase the quantity of approved PUD residential
units, beds, density, or reduction of open space.
IDevelopment Standards: The development standards for the modification will be per Section
24.108 and all other applicable Sections of the Atlantic Beach Land Development Code.
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Development Schedule:The development is proposed to be completed within 5 years.
ISuccessors &Assignments: The owners agree to bind their successors in title to those condition
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contained within the amended PUD.
Maintenance: Operation and maintenance of the facilities will be the responsibility of the
Iowner.
I List of Exhibits:
1. Exhibit A: Location Maps
2. Exhibit B: Land Use & Zoning Maps
I3. Exhibit C: Fleet Campus Master Plan Expansion
4. Exhibit D: PUD Site Plan
I 5. Exhibit E: Legal Description
6. Exhibit F: Deed Restriction Document
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IEnd Written Description
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Fleet Landing Location Map
I PUD Modification Exhibit A
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Fleet Landing Land Use & Zoning
PUD Modification Exhibit B
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�- $ LAND USE DESIGNATIONS
Fleet t, (LU: RM) Fy -- i LY7,\l' RESIDENTIAL DEVELOPMENT AREAS
�---jl_ -4 -{-7 ' Residential Low Density(RL)
I Landing 1 i ---rte- Up to sa(6)dwelling units per acre
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I I 1(r f{1_ , R`.� , `RL'�., al 7-. Fifteen(151 to twenty(20)dwelling units per acre.
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R 1� r__t NON-RESIDENTIAL DEVELOPMENT AREAS
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0 I Prepared By: Naval Continuing Care Retirement Foundation Inc. February 15, 2017
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Fleet Landing Master Development Plan Modifications
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Fleet Landing PUD Modification Site Plan
1 PUD Modification Exhibit D
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Proposed Impr ° ‘--,
Access Drive .
Sidewalks
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Nature Trail
Pond Expansion
Utilities-Lift Station
I Temporary Construction Staging
_ Psion Parcel
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Prepared By: Naval Continuing Care Retiree February 15, 2017
Fleet Landing Master Development Plan Modifications
Legal Description Exhibit E
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Prepared By: Naval Continuing Care Retirement Foundation Inc. February 15, 2017
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Fleet Landing Master Development Plan Modifications
I Deed Restriction Parcel 2 Exhibit F-1
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IPrepared By: Naval Continuing Care Retirement Foundation Inc. February 15, 2017
Fleet Landing Master Development Plan Modifications
Deed Restrictions Exhibit F-2
Prepared by and Return to:
AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
This Amendment to Declaration of Restrictive Covenants(this"Amendment")is
' made this day of , 2016(the"Effective Date"), by The Estates of Atlantic
Beach, LLC, a Florida limited liability company ("Estates")and the City of Atlantic Beach,
Florida ("City"), and joined in and consented to by Naval Continuing Care Retirement
Foundation, Inc., a Florida corporation ("Fleet'), and Friends of Old Sherry Wilderness
Preserve,Inc.,a Florida corporation("Friends").
BACKGROUND FACTS
A. Estates executed that certain Declaration of Restrictive Covenants on October 2,
2009 and recorded the same on October 19,2009 in Official Records Book 15040,page 1819 of
' the public records of Duval County, Florida (the "Declaration") to provide for certain
restrictions on the development of the real property described in the Declaration.
B. Estates and City now desire to amend the Declaration to release and delete most
' of the restrictions set forth in the Declaration and to modify the provisions of the Declaration
relating to access to Mayport Road and development of the real property described in the
Declaration on the terms and conditions set forth herein.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency
of which are hereby acknowledged,the parties hereto agree as follows:
1. Background Facts. The Background Facts as set forth above are agreed to be
' true and correct and are incorporated herein by this reference.
2. Capitalized Terms. Capitalized terms not defined herein shall have the
' meanings assigned to them in the Declaration.
3. Removal of Restrictions. Notwithstanding anything in the Declaration to the
contrary, that certain real property described on Exhibit A attached hereto (the "Property") is
hereby released from all of the provisions of and restrictions set forth in Sections 1,2, 3,5 and 6
of the Declaration and such provisions and restrictions shall be of no further force or effect with
respect to the Property.
00%41931
4843-5130-8849.3
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Prepared By: Naval Continuing Care Retirement Foundation Inc. February 15, 2017
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Fleet Landing Master Development Plan Modifications
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4. Development of Development Parcel. Development on that certain real xhibit-F-3
I property described on Exhibit B attached hereto(the"Development Parcel")shall be consistent
' i with the requirements of§ 656.403 of the City of Jacksonville Code of Ordinances for RMD-C
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I properties as the same exist on the Effective Date, provided, however, no structure on the
j Development Parcel shall be more than sixty (60) feet in height. Further, the portions of the
i Development Parcel located within the city limits of Atlantic Beach,Florida, shall be developed j
i in compliance with the applicable land use laws and regulations of the City.
5. No Development of Nondevelopment Parcel. That certain real property
' described on Exhibit C attached hereto(the"Nondevelopment Parcel"),shall not be developed
for any residential or commercial development whatsoever; provided, however,that nothing in
this Section 5 shall prevent the construction of walking paths,boardwalks,bike paths,benches,
and railings on the Nondevelopment Parcel which are intended for the use of residents, guests,
' employees and invitees of Fleet Landing. No lights or other luminary devices and speakers or
other sound producing devices shall be installed on the Nondevelopment Parcel. For purposes of
this Amendment, "Fleet Landing" shall mean that certain continuing care retirement
community located at One Fleet Landing Boulevard, Atlantic Beach, Florida 32233 and shall
include any development on the Development Parcel.
6. Development of Parcel 1. Any development of that certain real property
described on Exhibit D attached hereto ("Parcel 1") shall be in compliance with the
requirements of the City of Atlantic Beach's RS-1 zoning district provisions.
7. No Direct Access to Mavport Road. Section 4 of the Declaration is hereby
' deleted in its entirety. Further,notwithstanding anything in the Declaration to the contrary:
a. There shall not be any direct connections leading north or west from the
Development Parcel or the Nondevelopment Parcel that could directly connect to
' Mayport Road nor will there be any direct vehicular access from the Development
Parcel or the Nondevelopment Parcel to Mayport Road. The sole direct access to the
Development Parcel and the Nondevelopment Parcel shall be from Fleet Landing
Boulevard.
' b. The only access to Parcel 1 shall be through lots in the Oceanwalk
subdivision which are adjacent to Parcel 1.
8. Access Though 20th Street Gate. Access to Fleet Landing through the security
gate entrance located at 20th Street and Selva Marina Drive shall be limited to residents,guests,
employees and invitees of Fleet Landing.
' 9. The Estates warrants and represents that it is the fee simple owner of the
Property,that there are no mortgage liens encumbering the Property and that the only easements
affecting the Property are those reflected in the title commitments issued by Fidelity National
Title Insurance Company,#5699353 and# 5769969,dated March 9, 2016 and April 20,2016,
' respectively.
' 10. In any action brought to enforce the provisions of the Declaration, as amended
herein, the prevailing party shall be entitled to recover, in addition to all costs allowed by law,
such sums as the court may adjudge to be reasonable for its attorneys'fees and costs,at trial and
appellate levels.
Ii I. Effect. Except as specifically amended herein, the Declaration shall remain in
full force and effect.
Prepared By: Naval Continuing Care Retirement Foundation Inc. February 15, 2017