Resolution 2012-532-A

AMENDED 9/25/12

Introduced by the Land Use and Zoning Committee and amended on the Floor by Council:

RESOLUTION 2012-532-A
A RESOLUTION CONCERNING THE APPEAL OF A FINAL ORDER ISSUED BY THE PLANNING COMMISSION APPROVING MINOR MODIFICATION MM-12-12 AS REQUESTED BY TIMOTHY AND SUSAN PEELER, ON PROPERTY LOCATED AT 13846 ATLANTIC BOULEVARD (R.E. NO(S). 167264-0320, 167264-0100 AND 167264-0300; KNOWN AS PARCELS A AND B IN THE PUD), PURSUANT TO SECTIONS 656.141 AND 656.341, ORDINANCE CODE; ADOPTING RECOMMENDED FINDINGS AND CONCLUSIONS OF THE LAND USE AND ZONING COMMITTEE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Crescent Resources, LLC, filed application MM-12-12 with the Planning Commission, requesting a minor modification to provide a revised site plan dated July 12, 2012, reduce the maximum number of dwelling units from 520 to 300 units, reduce the maximum building height from 85 feet to 75 feet, decrease the required number of parking spaces from 561 to 496 spaces, reduce the maximum lot coverage from 90% to 85% and allow encroachments by roads and drive aisles into minimum yard requirements and building setbacks as set forth in the revised site plan, dated July 12, 2012, on property located at 13846 Atlantic Boulevard (R.E. No(s). 167264-0320, 167264-0100 and 167264-0300; known as Parcels A and B in the PUD); and

WHEREAS, the Planning Commission approved with conditions, application MM-12-12 by Final Order dated July 26, 2012; and

WHEREAS, pursuant to Sections 656.141 and 656.341, Ordinance Code, Timothy and Susan Peeler, filed a notice of appeal; and

WHEREAS, such Appeal was timely filed and the appellant has standing to appeal; now therefore

BE IT RESOLVED by the Council of the City of Jacksonville:

Section 1. Adoption of findings and conclusions. The Council has reviewed the record of proceedings for application for Minor Modification, MM-12-12, a request to provide a revised site plan dated July 12, 2012, to reduce the maximum number of dwelling units from 520 to 300 units, to reduce the maximum building height from 85 feet to 75 feet, to decrease the required number of parking spaces from 561 to 496 spaces, and to reduce the maximum lot coverage from 90% to 85% and allow encroachments by roads and drive aisles into minimum yard requirements and building setbacks. The record of proceedings is on file in the City Council Legislative Services Division and the Planning and Development Department, and has considered the recommended decision of the Land Use and Zoning Committee, which is on file in the City Council Legislative Services Division, and based upon the competent, substantial evidence contained in the record, the Council hereby affirms the Planning Commission decision, approving the application for Minor Modification, MM-12-12, subject to the following additional conditions:

1. 
   Prior to issuance of a Certificate of Occupancy for any residential units, the Applicant shall construct the 86 dedicated marina parking spaces and convey fee title to the 86 parking spaces to the marina owners association upon completion of the construction of the parking spaces.
   
2. 
   There shall be a minimum of 496 parking spaces for the residential units, with a minimum of one space per bedroom.
   
3. 
   The property shall be developed in accordance with the site plan, dated September 14, 2012.
   

(d) Prior to issuance of a Certificate of Occupancy for any residential units, the applicant shall install a 10 foot wide 95% opaque, six foot tall landscape buffer in the pervious area between the drop off loading area and the northern façade of the Water’s Edge Development and from the promenade to the drive aisle.

Section 2. Effective Date. The adoption of this resolution shall be deemed to constitute a quasi-judicial action of the City Council and shall become effective upon signature by the Council President and Council Secretary.
Form Approved:

/s/ Dylan T. Reingold_________

Office of General Counsel

Legislation Prepared by Dylan T. Reingold

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