06-11-18 ORDER CONFIRMING APPROVAL WAIV18-0007BEFORE THE CITY COMMISSION
OF THE CITY OF ATLANTIC BEACH
IN RE: Waiver Application WAIV 18-0007
Selva Preserve, LLC
248 Levy Road
Atlantic Beach, FL 32233
ORDER CONFIRMING APPROVAL OF WAIVER WAIV18-0007 WITH CONDITIONS
This matter was heard upon the application for a waiver from Sections 270 and 272 of the
Land Development Regulations pursuant to Section 24-46(b), to allow wetland mitigation outside
of the City for the Selva Preserve II development of property located north of I It" Street and east
of Linkside Drive along Sherman's Creek (RE #172027-0100): Section 270 states in part, "Any
impacted wetlands on a development site shall be replaced elsewhere on the same site or elsewhere
within the City...." Section 24-272(b) states in part, "... Where the environmental assessment
determines that natural jurisdictional wetlands remaining on the site 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 are predominant in quantity on
a proposed development site, all plans submitted for review orpermitting shall demonstrate a plan
for restoration, enhancement, mitigation or recovery of remaining jurisdictional wetlands.
Restated, it is the express intent of the city that no net loss ofjurisdictional wetlands occurs through
any development action within the city. "
Having duly considered the application for waiver, supporting documents and comments
by staff, the applicant, and members of the public at the public hearing on June 11, 2018, as well
as the provisions of Sections 24-46(b), 24-270 and 24-272(b), the City Commission of the City of
Atlantic Beach hereby,
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FINDS AND DETERMINES:
A. That the applicant did demonstrate that the compliance with Sections 24-270 and 272
would be unreasonable and in conflict with the public interest.
NOW, THEREFORE, it is ORDERED by the City Commission:
The application for waiver is hereby APPROVED WITH CONDITIONS voluntarily
agreed to by the applicant as follows:
This waiver shall be effective only upon:
a. The conveyance of Lot 6 and the Greenway Easement as shown on the Selva
Preserve II post transaction replat to the City; and
b. The effective approval of the Selva Preserve II post transaction replat by the City
Commission.
Approved by the City Commission on June 11, 2018.
Executed this Z5tkday of June, 2018.
CITY COMMISSION OF THE CITY OF
ATLAN EACH, FLORIDA
EL GLASSER
Mayor
FILED WITH -THE CITY CLERK this 2 5446y of June, 2018
.A
ct&
DONNA L. BARTLE
City Clerk
Approved as to form and correctness:
B A M. AlMDEN
City-7Cftorney
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