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Item 7BAGENDA ITEM # 7B SEPTEMBER 24, 2007 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Final reading and public hearing of proposed rezoning Ordinance 90-07- 202 to adopt the Selva Residential Planned Unit Development (PUD) and approving a detailed final development plan for the redevelopment of approximately 34 acres of the Selva Marina Country Club property with a new clubhouse and associated amenities and up to 86 residential units in Atlantic Beach. The following Staff Report was provided with the September 10th agenda package. This request was approved upon first reading at that meeting. SUBMITTED BY: Sonya Doerr, AICP ~~ Community Development Director DATE: August 29, 2007 BACKGROUND: This property was the subject of a related amendment to the Future Land Use Map of the Comprehensive Plan changing the land use designation to Residential, Low Density. The Department of Community Affairs has issued a Notice of Intent finding the amendment to be In Compliance, which allows the request for a zoning change to proceed. In summary, the project contains 33.8 acres in Atlantic Beach and 7.9 acres in Jacksonville. The master development plan for the entire project proposes a maximum of 114 dwelling units, with 81 of these located fully within Atlantic Beach and 281ocated fully within Jacksonville. Five additional lots are located partially in Atlantic Beach and partially in Jacksonville. The PUD provides for a maximum of 20 multi-family units. (These are not additional units, but are included in the 86-unit total.) Also proposed is the redevelopment of the existing clubhouse and other club facilities. Primary access will be from Selva Marina Drive in approximately the same location as the current driveway into the Selva Marina Country Club. A secondary access will connect to Mayport Road. The Applicant has continued to work with City staff and surrounding residents to address or resolve issues that have been discussed since redevelopment of Country Club lands was initially proposed. Issues as identified by the City, have been substantively addressed as set forth within the terms and conditions of attached Exhibit B, the PUD narrative. The Community Development Board heard the rezoning request at their July 17th meeting and recommended approval. Staff suggested nine conditions at that time, which the CD Board supported. All conditions have been addressed, and the appropriate revisions made to the proposed PT TD documents. Based upon a comment made by the Florida Department of Environmental Protection during the Comprehensive Plan amendment process, Staff requested that a Phase I Environmental Assessment be completed prior to the first City Commission meeting. The Phase I study was completed, and a Phase II study is underway to conduct further groundwater and soils analysis. The groundwater analysis has been completed, and there are no issues related to groundwater contamination. September 24, 2007 regular meeting AGENDA ITEM # 7B SEPTEMBER 24, 2007 It appears that the soil contamination comment from FDEP was the result of the agency's review of the entire Country Club property and only referred to a small fuel contamination site at the golf course maintenance barn located on the western side of the golf course. FDEP apparently reviewed the site by its address, and the entire Country Club property has a single address. The maintenance barn area is not on or near the portion of the property that will be redeveloped as residential. The contamination was isolated only to the area of the maintenance barn. A remediation plan is in place and being monitored by the City of Jacksonville's Environmental Quality Division. Understanding that this project will be subject to applicable FDEP and St. Johns River Water Management District review and permitting, and no City permits can be issued until final State agency permits are in place, it would not seem reasonable to suspend consideration of the PUD while waiting on the Phase II report. The same environmental review and permitting process and any needed action will be required for this project in any case. The PUD narrative is arranged by sections as set forth in the Table of Contents dealing with the various development issues. Most of this information needs no further explanation. Issues of particular note are summarized as follows. • Cross-jurisdictional issues. Section E. on page 4 of the PUD addresses this subject. Because this project is located in two cities, several issues related to the provision of services need to be clarified in binding terms, particularly for the five lots that are divided between the COAB and COJ. None of these are major issues, but future residents will need to be made aware of which City provides certain services. The Applicant has suggested and committed to implement additional mechanisms to inform residents of this information as lots are developed and sold, and these will be specified in the later subdivision plat approval process. Ideally, annexation of the 7.9 acres of Jacksonville land into the City of Atlantic Beach would be the preferred manner to deal with these issues. The City continues to have ongoing dialogue with the Country Club about annexation, and all parties support this idea. Annexation, however, is always a long and involved process, often with uncertain outcomes. It would seem unreasonable to delay this project to begin a process that could take years, and which might not be successful in any case. While the City may choose to consider the annexation process in the future, a Memorandum of Agreement with the Country Club and an Interlocal Agreement with Jacksonville are proposed to clarify how certain issues will be handled. Florida Statutes provide the legal authority to do this. The applicant's legal counsel, the COAB City Attorney and the COJ General Counsel's office are coordinating in this matter, and the Interlocal will be brought to the City Commission for review and approval at the appropriate time. This will be a relatively simple and "narrow" Interlocal confined to the issues of this project only. In addition to an lnterlocal Agreement, the Applicant will file a "mirror" YUll in Jacksonville for the 7.9 acres located in that city. It will contain the same development plan including a 35-foot height limit. Staff has been coordinating with COJ Planning Department staff since consideration of this project began. The two PUDs address how these five lots will be handled, but the attorneys feel that the provisions in Florida Statutes related to Interlocal Agreements provide the most appropriate and binding means to deal with this issue. 2 September 24, 2007 regular meeting AGENDA ITEM # 7B SEPTEMBER 24, 2007 • Height, Density and Country Club lands not included in this project. Within the PUDs, height is limited to 35-feet in both Atlantic Beach and Jacksonville. Additionally, the Country Club will record a deed restriction for the entire Country Club property limiting future height to 35-feet and also limiting any future residential development (in the case that the golf course is ever developed as residential) to the Low Density limit. This is attached to and part of the Ordinance as Exhibit D and must be recorded prior to the issuance of the first building permit. • Permitted Uses. In addition to the new residential use, the only uses allowed in the PUD are recreational uses for residents, private Country Club uses and the current activities which now occur at the Club. Of the 86 units in Atlantic Beach, a maximum of 20 may be multi-family with not more than 10 units in a single building. • Lot sizes and setbacks. The minimum lot size has been increased, such that the smallest lot would contain at least 4,620 square feet of lot area with a minimum width of 42-feet. The smaller lots are located around the Village Green common area. Setbacks have also been increased to a minimum of 10-feet for the front and rear and 5-feet on the sides for single-family lots and 15-feet on the sides for any multi-family buildings. • Impervious Surface Area. The PUD requests approval of 65% impervious area on the smaller individual lots that surround the "Village Green" area where the Traditional Neighborhood Design concept will be centered. The standard limit for individual lots is 50%. The drainage engineering for this project will require a master stormwater system for the entire project requiring permits form the City and the St. Johns River Water Management District. The impervious limit for the entire project will be consistent with the 50% limit. Further, only 35% of the total site area will be covered with Buildings or structures. • Architectural themes and styles. The design theme for the project is demonstrated in the Pattern Book, which will be adopted as part of the PUD. Restrictions and Covenants to maintain the styles as illustrated in the Pattern Book will be enforceable by the Homeowner's Association and will be recorded prior to issuance of the first building permit. • Tennis Courts. Provisions for additional future tennis courts, as earlier proposed to be located along the eastern side of the project, have been eliminated. The Country Club decided to abandon plans for future tennis courts in this location following concerns about noise expressed by residents along that area of Selva Marina Drive. • Buffering between new development and Selva Linkside. (See Section K(a) on page 8 of the PUD.) The PUD requires the Applicant to continue to coordinate with the Selva Linkside Homeowner Associations to develop a buffer plan, and requires at a minimum, a 10-foot wide buffer which may contain a berm, fence, wall, landscaping or combination thereof, provided that a wall can not exceed 8-feet in height. This buffer must be installed prior to issuance of the first Certificate of Occupancy for any lot adjacent to Selva Linkside. • Trees. A minimum 4-inch caliper hardwood is required in each front yard. • Wetlands. There is only one small isolated wetland on the site. This area will not be disturbed, and the required 25-foot buffer between this area and any development will be provided. • Roadways, and parking. Roadways must be designed, constructed and maintained so that the project cannot be used as acut-through from Mayport Road to Selva Marina Drive or other local streets. The residential project will be gated, and access will be restricted. Roadways will be constructed to City standards, and will remain privately owned and maintained. All parking as required by the City's parking regulations will be provided. 3 September 24, 2007 regular meeting AGENDA ITEM # 7B SEPTEMBER 24, 2007 • Traffic resulting from possible future development. In the case that the remaining Country Club property in Jacksonville is developed at some time in the future, the PUD prohibits access to Selva Marina Drive from any such future development. Any change to this restriction would require modification to the PUD, which could only be approved by the City Commission, during a public hearing process. • Signs. Signs will be located within the project and not on any public right-of--ways. All signs will comply with the City's sign regulations. • Commercial Traffic. Selva Marina Drive has historically been the only access to the Country Club, thus commercial, delivery and service vehicles have used Selva Marina Drive for fifty years without significant problems. Still, a substantial amount of new commercial traffic should not be permitted. To monitor this issue, the PUD requires that traffic counts be submitted to the City for three years after the new clubhouse facilities are completed. Should an unacceptable amount of new commercial traffic be generated, alternatives could then be addressed • Stormwater and drainage. As previously addressed, a Master Stormwater system will be engineered and constructed as required by the City and the SJRWMD. All drainage structures, retention lakes and Stormwater systems will be privately owned and maintained by the Homeowner's Association in perpetuity. • Utilities. Water and sewer will be provided by Atlantic Beach, and electric service is provided by JEA. All utilities will be underground. The project will also install "purple pipe" if the City proceeds to develop a reclaimed water system. The applicant has also agreed to construct all residential dwellings to be Florida Water StarsM compliant and also ENERGY STAR compliant, and this commitment is included in the PUD. • Common Areas. All common areas and features within this project, including streets and sidewalks, Stormwater systems, landscaped and recreation areas will be privately owned and maintained in perpetuity by a legally established homeowner's association. • Construction Phase. All residential construction traffic will be required to use Mayport Road. The required Construction Management Plan must specifically address how potential for adverse impacts to the Selva Linkside subdivision will be minimized. Staff is satisfied that all issues that need to be addressed and included within the PUD have been substantively addressed. Commitments to address remaining issues and timing as to when these issues must be finally completed seem to be included. BUDGET: No budget issues. RECOMMENDATION: Approval upon final reading of Ordinance 90-07-202. ATTACHMENTS: Proposed Ordinance 90-07-202, Exhibits to the ordinance. REVIEWED BY CITY MANAGER: ~.~.~° 4 September 24, 2007 regular meeting AGENDA ITEM # 7B SEP'PEMBER 24, 2W7 ORDINANCE NUMBER: 90-07-202 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, REZONING LANDS AS DESCRIBED HEREINAFTER FROM CONSERVATION (CON) TO PLANNED UNIT DEVELOPMENT (PUD), SAID LANDS TO BE KNOWN AS THE SELVA RESIDENTIAL PUD; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING 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 change in Zoning District designation 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 the Community Development Board on the 17th day of July, 2007 at 6:OOpm. Introduction and first reading of the proposed Ordinance by the City Commission was held on the 10th day of September, 2007 at 7:15pm. Second reading of the proposed Ordinance and a public hearing to hear, consider and adopt said Ordinance was held on the 24th day of September, 2007 at 7:15 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 the Selva Marina Country Club, Inc., the title owner of record as identified in the application (File Number REZ-2007-02) along with supporting documents for the zoning change submitted to the City of Atlantic Beach, Florida on June 15, 2007, hereinafter known as the SELVA RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD) application, the zoning classification of lands as described by legal description within attached Exhibit A, is hereby changed to Planned Unit Development (PUD). SECTION 2. That development of the lands within this Planned Unit Development shall proceed in accordance with the PUD Application and Exhibits, including Exhibit B; the Pi 1D narrative; Exhibit C, the detailed final development plan and Exhibit E, the Pattern Book, which are attached hereto and are part of File Number REZ-2007-02, which is incorporated by reference into and made part of this Ordinance. In the case of conflict between the application, the supporting documents, and the provisions of this Ordinance, the provisions of this Ordinance shall prevail. Ordinance 90-07-202 Page 1 of 3 AGENDA ITEM # 7B SEPTEMBER 24, 2007 SECTION 3. Special Conditions: Development of lands as described within this PUD application shall commence and proceed in accordance with the following special conditions. 1. Development within this PUD shall be similar to, and consistent with the concept and architectural designs and styles and themes as depicted within the Pattern Book, attached as Exhibit E, which is made part of this PUD ordinance. 2. No development authorized pursuant to this PUD shall proceed prior to signing and recording with the Duval County Clerk of Courts of attached Exhibit D, Restrictions for Selva Marina Country Club. SECTION 4. Findings of Fact: The need and justification for approval of the SELVA RESIDENTIAL PUD have been considered in accordance with the Comprehensive Plan and the Zoning, Subdivision Land Development Regulations and, whereby, it is found that: This request for rezoning 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 rezoning and the detailed plan of development are consistent with the 2015 Comprehensive Plan Future Land Use Map, as amended, and the designations of those lands as described within this application as Residential, Low Density. 3. This Planned Unit Development does not affect adversely the orderly development of the City, as embodied within Chapter 24, specifically Article III, Division 6 of the Land Development Regulations, and within Comprehensive Plan. 4. The proposed Planned Unit Development is consistent with the Land Development Regulations, specifically Division 6, establishing standards for Planned Unit Developments. This rezoning and development of this Planned Unit Development will proceed in accordance with Chapter 24, Article III, Division 6 and will accomplish the objectives and meet the Standards and Criteria of Section 24-134, as well as Article IV, Division 5, of Chapter 24. The zoning district designation of Planned Unit Development, and the specific uses and special conditions as set forth within this PUD, are consistent and compatible with surrounding development, and the proposed Planned Unit Development will not affect adversely 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 PUD Ordinance, all provisions of the T,a.nd Tevelopment Regulations; as such maybe arnendPd from time to time, shall be applicable to this development; except that modification to this PUD by shall be prohibited except in accordance with procedures set forth within 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. Ordinance 90-07-202 Page 2 of 3 AGENDA ITEM # 7B SEPTEMBER 24, 2007 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 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 10th day of September, 2007. Passed and enacted, upon final reading and public hearing and adoption this 24th day of September, 2007. Donald M. Wolfson Mayor/Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Attest: Donna Bussey, CMC City Clerk Effective Date: Ordinance 90-07-202 Page 3 of 3 AGENDA ITEM # 7B SEPTEMBER 24, 2007 d ~P. EXHIBIT A LEGAL DESCRIPTION OF LANDS LYING WITHIN THE CITY OF ATLANTIC BEACH TO BE REZONED Real Estate Number 172024-0000; Lands in.Section 16, Township 2 South, Range 29 East, being Part of Government Lot 1; Lands in Section 17, Township 2 South, Range 29 East, being Part of Government Lot 2, as recorded in Official Records Book 652, page 484, Duval County records. Real Estate Number 172029-0000; Lands in Section 17, Township 2 South, Range 29 East, being Part of Government Lot 1, as recorded in Official Records Book 1270, page 559, Duval County records. Real Estate Number 172027-0030; Lands in Section 16, 't'ownship 2 South, Range 29 East, being Part of Government Lot 2; Lands in Section 17, Township 2 South, Range 29 East, being Part of Government Lot l; as recorded in Official Records Book 7910, page 958, Duval County records. Real Estate Number 172027-0010; Lands in Section 16, Township 2 South, Range 29 East, being Part of Government Lot 2; Lands in Section 17, Township 2 South, Range 29 East, being Part'of Government Lot 1, as recorded in Official Records Book 6444, page 1270, Duval County records. Real Estate Parcel 169399-0010; Lands in Section 8, Township 2 South, Range 29 East, being Part of Government Lot 16, ~ and Lands lying in Section 9, Township 2 South, Range 29 East, being a part of the lands described in the deed in Official Records Book 652, page 484, lying within the City limits of the City of Atlantic Beach, Florida. AGENDA ITEM #7B SEPTEMBER 24, 2007 EXHIBIT B Ordinance 90-07-202 SELVA MARINA PLANNED UNIT DEVELOPMENT (PUD) Table of Contents Page OVERVIEW OF DEVELOPMENT IN TWO MUNICIPALITIES ........................page 3 A. GENERAL PLAN FOR THE ENTIRE PROJECT ....................................... page 3 B. DEVELOPMENT PROPOSED WITHIN THE CITY OF ATLANTIC BEACH....page 3 C. DEVELOPMENT PROPOSED WITHIN THE CITY OF JACKSONVILLE.......page 3 D. FINAL DEVELOPMENT PLAN ............................................................. page 4 E. COMMITMENT TO EACH CITY REGARDING CROSS-JURISDICTIONAL ISSUES ..................................... page 4 (a) Master Site Development Plan . .............................................................page 4 (b) Lots divided between jurisdictions . ........................................................ page 4 (c) Platting .......................................................................................... page 4 (d) Solid Waste Services ........................................................................ page 4 F. CONSISTENCY WITH THE COMPREHENSIVE PLANS. ...........................page 5 G. COMPATIBILITY WITH SURROUNDING USES . .................................... page 5 H. LIMITATIONS ON FUTURE DEVELOPMENT ......................................... page 5 (a) Density of any future Development not included in this PUD ...........................page 5 (b) Height of any future Development not included in this PUD ............................ page 5 (c) Binding Restriction of Height and Density ................................................. page 5 I. PERMITTED USES ............................................................................. page 6 (a) Within the Residential Development Areas ................................................page 6 (b) Within the Clubhouse Parcel .................................................................page 6 J. DEVELOPMENT AND DESIGN STANDARDS ...........................................page 6 (a) Residential Development Areas -Buildings and Lots .................................... page 6 (b) Garages and Accessory structures ......................................................... page 7 (c) Architectural Styles ........................................................................... page 7 (d) Clubhouse Parcel and recreational amenity areas ......................................... page 7 (e) Tennis Courts ...................................................................................page 8 (~ Park areas ........................................................................................page 8 K. BUFFERING, LANDSCAPING AND VEGETATION ...................................page 8 (a) Buffers from existing development ..........................................................page 8 (b) Trees .............................................................................................page 8 (c) Wetland Buffers ................................................................................page 8 (d) The Village Green ............................................................................. page 9 AGENDA ITEM # 7B SEPTEMBER 24, 2007 Table of Contents, continued Page L. ENTRY FEATURES, SIGNAGE AND LIGHTING .......................................page 9 (a) Selva Residential Development areas ........................................................page 9 (b) Clubhouse Parcel and amenity areas ........................................................page 9 M. VEHICULAR CIRCULATION, PROJECT ACCESS AND PARKING. .............page 9 (a) Residential Development Areas . ............................................................page 9 (b) Project access . ................................................................................ page 9 (c) Emergency access . ........................................................................... page 9 (d) Roadway design and construction . ........................................................page 10 (e) Parking .........................................................................................page 10 (~ Pedestrian Circulation ........................................................................page 10 (g) Potential for Future residential development ............................................. page 10 (h) Clubhouse Parcel and access by commercial vehicles . .................................page 10 N. RETENTION AND STORMWATER FACILITIES . ....................................page 11 O. UTILITIES AND CONSERVATION MEASURES ......................................page 11 (a) Water and sewer ..............................................................................page 11 (b) Electric service ................................................................................page 11 (c) Energy efficiency ............................................................................ page 11 (d) Reclaimed water lines ........................................................................ page 11 P. MAINTENANCE OF COMMON AREAS .................................................page 11 Q. HOMEOWNER'S ASSOCIATION ........................................................ page 12 R. ANTICIPATED DEVELOPMENT SCHEDULE ........................................page 12 (a) Clubhouse Parcel . ...........................................................................page 12 (b)Selva Residential Development Area ...................................................... page 12 S. CONSTRUCTION PHASE . ..................................................................page 12 (a) Construction Traffic ..........................................................................page 12 (b) Construction Site Management .............................................................page 12 (c) Construction and Development Signs .................................................... page 12 T. OWNER AND APPLICANT'S COMMITMENT ........................................ page 12 U. VARIANCES, DEVIATIONS AND WAIVERS . ........................................page 13 NOTE: As used within this PUD document, the term "Project" means the development as specifically described herein on those lands located within the City of Atlantic Beach and also the City of Jacksonville as appropriate to the context of the reference. The Project includes both the proposed new Selva Residential Development Area and also redevelopment of the Clubhouse Parcel, the golf course and all associated roadways, infrastructure, facilities and country club amenities. JAX\1148769_3 _2_ AGENDA 1TEM # 7B SEPTEMBER 24, 2007 OVERVIEW OF THE DEVELOPMENT IN TWO MUNICIPALITIES Selva Marina Country Club, Inc. (the Applicant) was incorporated in 1956 as afor-profit corporation. The sole asset of the corporation is the Selva Marina Country Club (Country Club), which consists of an eighteen-hole golf course, clubhouse, tennis courts, and other recreational amenities. Membership in the Country Club has declined significantly over recent years, and the Applicant desires to undertake an extensive redevelopment of the golf course including construction of a new clubhouse to attract additional membership. To fund the Country Club redevelopment, the Applicant proposes to sell approximately 33.2 acres of the Country Club property for development of residential uses. The County Club intends to retain ownership of their remaining property and redevelop the 18-hole golf course, the clubhouse and other club amenities. A. GENERAL PLAN FOR THE ENTIRE PROJECT. • The proposed new residential and clubhouse redevelopment areas will occupy a total of approximately 41.7 acres. • New residential development will occupy 33.2 acres and will include up to 114 dwelling units. • The clubhouse and club amenities will continue to occupy 8.5 acres. • Remaining Country Club property will contain the redesigned and reconstructed golf course and course support facilities. B. DEVELOPMENT PROPOSED WITHIN THE CITY OF ATLANTIC BEACH. • 33.8 acres of this Project are located in Atlantic Beach. This includes the 8.5-acre clubhouse and amenity parcel and 25.3 acres for the new residential development. • Up to 86 dwelling units are proposed. (Of these, 81 are fully within Atlantic Beach, and 5 of these are located partially in Atlantic Beach and partially in Jacksonville.) A maximum of 20 of these may be multi-family, such as condominium or townhouse. The maximum number of units in any single building is ten units. C. DEVELOPMENT PROPOSED WITHIN THE CITY OF JACKSONVILLE. • 7.9 acres of this Project are within Jacksonville. • Up to 33 single-family lots are proposed. (Five of these are located partially in Jacksonville and partially in Atlantic Beach.) • Substantially all of the redeveloped golf course will be located in Jacksonville. JAX\1148769_3 _3 _ AGENDA ITEM # 7B SEPTEMBER 24, 2007 D. FINAL DEVELOPMENT PLAN. (a) A Master Site Development Plan, depicting the proposed Project in its entirety, and the municipal boundary lines is attached as Exhibit C. Within Atlantic Beach, the Master Site Development Plan shall serve as the Final Development Plan, and no changes shall be made to this Plan except in accordance with procedures as set forth herein and in accordance with the Land Development Regulations. (b) Internal lot lines may be shifted to accommodate final engineering and drainage requirements, subject to the lot size requirements as established by this PUD. Lots may be combined to create larger development parcels, but in no case shall additional lots be created or any lot be reconfigured in any manner to create a smaller parcel than required by this PUD or as recorded on any Final Subdivision Plat. All future development, and any Final Subdivision Plat shall proceed in accordance with the terms of this PUD and the Final Development Plan. E. COMMITMENT TO EACH CITY REGARDING CROSS-JURISDICTIONAL ISSUES. Because there is no general or special law authorizing either municipality to exercise extra-territorial powers within the other municipality, the Applicant shall apply to rezone the lands in both municipalities to Planned Unit Development (PUD) with a consistent plan of development for the entire 41.7-acre parcel. Subject to approval by both Cities, and by mutual agreement as set forth in each approved PUD, Atlantic Beach and Jacksonville shall address certain cross jurisdictional issues in accordance with the following: (a) Master Site Development Plan. The Project includes 33.8 acres in Atlantic Beach and 7.9 acres in Jacksonville. Each municipality's approval of the Master Site Development Plan shall be limited to the portion of land, within that municipality's boundaries. (b) Lots divided between jurisdictions. Development on any lot or parcel, which is divided between jurisdictions, but which has greater land area within Atlantic Beach shall be reviewed and permitted through Atlantic Beach, and likewise, any lot in Jacksonville shall be reviewed and permitted through Jacksonville. Issuance of Building Permits and Certificates of Occupancy shall be in accordance with the established procedures of the respective jurisdiction. (c) Platting. The substantial part of this Project (33.8 acres versus 7.9 acres) is within Atlantic Beach. Insomuch as the preparation of a Final Subdivision Plat is prescribed by Chapter 177, Part T; Florida. Statutes; and recording of Plats is a function of the Duval County Clerk of Courts, rather than a function of either City, platting shall be through the Atlantic Beach in accordance with procedures as set forth within the Atlantic Beach Land Development Regulations. (d) Solid Waste Services. In order to provide consistency in residential garbage collection, yard waste removal and recycling services, Atlantic Beach shall provide services to those residential lots located fully or partially within Jacksonville in accordance with the fees established for such services within Atlantic Beach. JAX\1148769_3 -4- AGENDA ITEM # 7B SEPTEMBER 24, 2007 F. CONSISTENCY WITH THE COMPREHENSIVE PLANS. The 33.8-acre portion of the proposed Project in Atlantic Beach has a Residential, Low Density (RL) future land use designation as adopted by Ordinance 31-07-05, specifically for this Project and in accordance with State and local laws related to Comprehensive Plan amendments. The RL designation may permit up to six dwelling units per acre of land. Asite-specific policy for this property, as set forth within Future Land Use Element Policy A.1.5.11, limits maximum residential development potential for the Atlantic Beach portion of this Project to 128 dwelling units. This PUD provides for a maximum of 86 dwelling units within Atlantic Beach. As such, this PUD is consistent with Policy A.1.5.11 and the density limits of the adopted Comprehensive Plan. Similarly, the 7.9 acres within Jacksonville has a Low Density Residential (LDR) designation per the Jacksonville Comprehensive Plan, which may permit up to seven dwelling units per acre. G. COMPATIBILITY WITH SURROUNDING USES. Within Atlantic Beach, the Project is surrounded by existing residential uses, which are also designated as Residential, Low Density. The adjacent Selva Linkside PUD containing 160 single-family lots on approximately 24 acres is located on the west and south side of the Project. The large-lot Selva Marina subdivision is located east of the Project. The Sevilla Gardens condominiums, designated as Residential, High Density are located on the northeast side of the existing golf course. H. LIMITATIONS ON FUTURE DEVELOPMENT. The following height and density standards shall preserve consistency of this Project with existing development as well as that which could occur in the future in the case that the Country Club should cease to exist. These height and density standards shall not be altered without the mutual consent of both municipalities. (a) Density of any future Development not included in this PUD. To ensure present and future compatibility with surrounding lands located within both municipalities, the Applicant and all future successors and assigns, hereby commit that, if developed, Country Club property located within Jacksonville, the density of any such future residential development shall-not exceed seven (7) dwelling units per acre in accordance with Jacksonville current Low Density Residential land use designation. (b) Height of any future Development not included in this PUD. Also, the Applicant and all future successors and assigns, hereby commit that if Country Club property now located within Jacksonville is developed with uses other than or in addition to the golf course, the maximum Height of Buildings shall not exceed thirty-five (35) feet. Height of Buildings shall be defined as the vertical distance from the Calculated Average Grade of the Lot to the highest point of a Building's roof structure or parapet and any attachments thereto, exclusive of chimneys. (c) Binding Restriction of Height and Density. The Applicant agrees that, prior to issuance of the first Building Permit in Atlantic Beach for construction of any residential dwelling unit, a restrictive covenant shall be recorded on Country Club lands located within Jacksonville limiting residential development to 7 units per acre and a height of 7AX\1148769_3 _ 5 _ AGENDA ITEM # 7B SEPTEMBER 24, 2007 not more than 35 feet as defined above. The text of the proposed restriction is attached hereto as Exhibit D, and is made part of this PUD and the Ordinance enacting this PUD. No Building Permit for construction of a residential dwelling unit shall be issued for any lands within this PUD until this Restrictive Covenant has been properly recorded. I. PERMITTED USES. (a) Within the Residential Development Areas. • 86 residential dwelling units including a maximum of 20 multi-family units. These 20 units may be developed in two-unit to ten-unit buildings at the southern end of the Village Green provided that no single building shall contain more than 10 units. • Recreational facilities of a neighborhood scale to serve the neighborhood. (b) Within the Clubhouse Parcel. • Existing clubhouse activities, including pro-shops, dining and bar, banquet, ballroom and meeting facilities. • Private tennis courts, swimming pools and swim club, and other typical recreational and private country club activities. (c) Existing Uses. The existing use of the Residential Development Areas for a golf course and related amenities shall be a permitted use. J. DEVELOPMENT AND DESIGN STANDARDS. Lot criteria and development standards, which shall apply to all uses and structures within this PUD are as follows. (a) Residential Development Areas -Buildings and Lots. Development standards and private covenants and restrictions shall be created to ensure consistency in contextual design elements for the Selva Residential Development. The following tables set forth the lot and building requirements for the Selva Residential Development. Lot and Building Requirements for Selva Residential Development Sin le-Famil Parcels Maximum area occupied by buildings & structures 35% Maximum impervious surface for individual lots 65% r~inimiylm I(lt C1Ze 4 ~~n square feet Minimum lot width 42 feet Maximum building height 3 5 feet Minimum front yard setback* 10 feet Minimum side yard setback** 5 feet Minimum rear yard setback* 10 feet JAX\1148769_3 -6- AGENDA ITEM # 7B SEPTEMBER 24, 2007 Lot and Building Requirements for Selva Residential Development Multi-faml and Clubhouse Parcels Maximum area occupied by buildings & structures 35% Maximum impervious surface for individual lots 65% Maximum building height 35 feet Minimum front setback* 10 feet Minimum side setback** 15 feet Minimum rear setback* 10 feet *All setbacks shall be measured from vertical walls, and any structure above 30 inches in height shall be subject to applicable setbacks, except that no structure including porches, decks, overhangs and the like shall be permitted to encroach into the 10-foot front yard. **Eaves, cornices, brackets and roof overhangs may project into side yards not more than 24-inches, subject to Fire Code separation requirements. (b) Garages and Accessory structures. Where an alley exists at the rear of any lot, the garage shall be accessed from the alley and not from the front of the lot. Rear and side setbacks for garages and accessory structures may be five-feet, provided that a minimum depth of 10-feet shall be provided for any driveway apron accessing an alley. For structures that have garage access from the front or side of a lot, whether attached in any manner or fully detached, the minimum rear and side yard setback shall be 5-feet from property lines, provided that a minimum depth of 20-feet shall be provided for any driveway apron. Detached accessory structures shall not be located in required front yards or forward of the main residential structure. (c) Architectural Styles. Residential buildings within this PUD will vary in size, but architectural styles and themes will be consistent. Development concepts illustrative of the proposed development and depicting possible building styles, size, height, and architectural styles are represented in the Pattern Book attached as Exhibit E, with such other architectural styles as are consistent with Atlantic Beach styles. Development within this PUD shall be as represented within the Pattern Book, with such other architectural styles as are consistent with Atlantic Beach styles. Covenants and Restrictions enforceable by the Homeowner's Association shall be established prior to issuance of the first residential Building Permit to ensure implementation of, and continued consistency with the architectural styles and themes as illustrated in the Pattern Book, with such other architectural styles as are consistent with Atlantic Beach styles. (d) Clubhouse Parcel and recreational amenity areas. The maximum building height for the Clubhouse Parcel any other areas containing recreational amenities shall also be 35-feet. Any new or redeveloped structures within the Clubhouse parcel shall be of an architectural design consistent with and complimentary to the residential development. JAX\ 1148769} -,~- AGENDA ITEM # 7B SEPTEMBER 24, 2007 (e) Tennis Courts. The tennis courts located on the northerly end of the Clubhouse Parcel shall be buffered with a minimum 5-foot wide landscaped buffer as shown on the Master Site Development Plan. This buffer shall be planted and maintained with shrubs or trees that provide an opaque vegetative buffer. Tennis court buffers as required above may include trees and landscaping, fences or walls provided that no solid fence or wall within any such buffer shall exceed eight feet in height. This height limit shall not apply to the types of fencing customarily used to enclose tennis courts. Tennis court lighting in any location shall be directed away from residential dwellings, and no tennis courts in any location shall be lighted later than 10:00p.m. (f) Park areas. The project shall include a landscaped park feature at the center of the main residential development area. At the Homeowner Association's preference, playground or tot-lot equipment may be installed in the Project. K. BUFFERING, LANDSCAPING AND VEGETATION. (a) Buffers from existing development. In addition to the open space and buffers previously described herein, a minimum 10-foot wide buffer shall be provided along the southern and western boundaries of the Selva Residential Development where adjacent to Selva Linkside Unit 1 and Unit 2. This buffer may consist of a berm, trees, shrubs and landscaping, wall or fence, or a combination thereof, except that in no case shall any fence or wall exceed eight feet in height or shall a berm be used to elevate the height of a fence or wall. The Applicant shall coordinate with the Selva Linkside Homeowner's Associations in development of the buffer plan. This buffer shall be delineated on any final subdivision plat as a buffer, and placement or construction of any structures, with the exception of a fence or wall as may be included in the initial buffer plan, shall be prohibited. This buffer shall be installed prior to issuance of the first Certificate of Occupancy for any lot adjacent to Selva Linkside Unit 1 or Unit 2. (b) Trees. In order to establish the tree-lined streets that are representative of Atlantic Beach, one minimum 4-inch caliper hardwood tree shall be required within the front yard of each single-family lot provided that minimum separation of 25-feet between such trees is maintained. As such, lots that develop later may not require such trees. Any required trees shall be installed prior to issuance of a Certificate of Occupancy and shall be maintained in a healthy condition and replaced as necessary for a period of two years from CO date. Removal of trees and protected vegetation shall be in accordance with the requirements of Chapter 23 of the Atlantic Beach Code, as may be amended. No clearing or grading of rights of way shall occur prior to approval of construction and engineering plans for site- development. (c) Wetland buffers. Where applicable, a minimum 1.5-f~~t and average 25-font undisturbed buffer shall be maintained from delineated jurisdictional wetlands in accordance with Atlantic Beach buffer requirements and the St. Johns River Water Management District (SJRWMD) rules and regulations. A conservation easement shall be recorded for any such required buffer, and maintenance responsibility for such buffer shall be assigned in perpetuity to the Homeowner's Association. Such easements shall be shown on any subdivision plat, and deed restrictions advising property owners of the easement and the requirement to keep the buffer in an undisturbed condition shall be recorded for any lot or parcel containing such buffer. JAX\1148769_3 _g_ AGENDA ITEM # 7B SEPTEMBER 24, 2007 (d) The "Village Green." The open space located at the center of the main Selva Residential Development Area is intended to serve as focal point of this community and shall be landscaped and maintained in a manner consistent with the illustrations contained within the Pattern Book. L. ENTRY FEATURES, SIGNAGE AND LIGHTING (a) Selva Residential Development Areas. The entrance treatment for the Selva Residential Development will include landscaping with shrubs and trees as well as decorative ground mounted up-lighting. A perimeter fence or wall with identification signage may be placed at the Project entrance. This entry feature may include a tower or monument, wall, and identification signage. Project identification signage, which may be wall-mounted, will be limited to 32 square feet of sign face area and a maximum of 8 feet in height. If illuminated, the sign shall be externally illuminated with ground mounted lighting only. Any lighting shall project from the ground onto the sign only, and shall not be directed towards the sky, any street or residential lot. Wall columns may also include decorative lighting. All lighting including street lights, entry features, design elements and signs shall be kept to the minimum necessary for safety and night-time lighting of common elements, and no lighting shall be directed at the sky. (b) Clubhouse Parcel and amenity areas. Signage and entrance treatment for the Clubhouse Parcel shall be located within private right-of--ways and shall be consistent with Atlantic Beach Land Development Regulations and the sign regulations. M. VEHICULAR CIRCULATION, PROJECT ACCESS AND PARHING (a) Residential Development Areas. The Selva residential area will be developed as a private community served by a network of private roads. The primary entrance to the development will be at Selva Marina Drive adjacent to the existing clubhouse property. A secondary entrance will be located at Dutton Island Road East and will provide a connection to Mayport Road. At the completion of construction, the secondary entrance will be gated and travel will be controlled in each direction by a card access reader or digital pad for the use of residents only. (b) Project access. Permanent access and internal roadways shall be designed, developed and maintained such that the Selva Residential Development cannot be used as a "cut-through" route ~ om Selva 1`,~arina Drive t:, 1`~'iayport Road. (c) Emergency access. The security gate provided at the secondary Project entrance will feature a universal emergency access system (such as a Knox system) to be used by emergency vehicles. The security gate at the secondary access may be relocated from time to time. JAX\1148769_3 -9- AGENDA ITEM # 7B SEPTEMBER 24, 2007 (d) Roadway design and construction. The primary road within the Selva Residential Development will have a 50-foot right-of--way and 20-24-foot pavement widths. Some secondary roads may have narrower right-of--way consistent with Traditional Neighborhood Design patterns. A portion of the road running east-to-west will have a 60-foot right-of--way with a 6-foot wide landscaped median separating the 16-foot travel lanes. The interior lots will be served by rear alleys which will be a minimum of 14-feet in width. All right-of--ways shall be constructed in accordance with City paving and drainage standards, and shall be owned and maintained in perpetuity by a homeowner's association or other such entity established in accordance with Florida law for the purpose of maintaining private streets and sidewalks. Development within the residential parcels may be phased, provided that construction of no single-family residence shall commence until such time as streets have been constructed for that phase. A maximum of five model homes may be constructed where streets have been completed. Such models maybe used for temporary real estate sales offices. (e) Parking. Off-street parking for two cars per dwelling unit shall be provided within driveways or private garages. (fj Pedestrian Circulation. A 4-foot wide sidewalk shall be constructed along both sides of the internal street network to provide pedestrian connections to Selva Marina Drive, the Country Club, and Mayport Road. (g) Potential for Future Residential Development. In the case that Country Club operations are discontinued in the future, and the Country Club golf course land, which is not part of this Project, is re-developed for other uses, the City and the Applicant will cooperate to ensure that future access to additional development on such lands will be from Mayport Road through Dutton Island Drive East and through a parcel owned by Atlantic Beach located along the northwesterly boundary of the Country Club property, commonly known as the "Water tower site" rather than via Selva Marina Drive. Additional residential development beyond that provided for within this Selva Residential Development shall not be permitted to access Selva Marina Drive without modification to the ordinance creating this PUD and approved by the City Commission. It is the intent that any future traffic beyond that anticipated by this PUD shall not have access to Selva Marina Drive, which is a constrained local roadway. (h) Clubhouse Parcel and Access by Commercial Vehicles. The Clubhouse Parcel has historically been accessed by Selva Marina Drive for all Country Club activities. Access to the Clubhouse parcel shall be managed and maintained so that additional commercial traffic generated by increased use of the redeveloped Clubhouse facilities at the Clubhouse Parcel does not result in an material increase in the volume of commercial traffic on Selva Marina Drive during pm peak hour periods. For a period of three years following completion of the redeveloped facilities, the Country Ciub shah provide a traffic count of commercial traffic accessing the Clubhouse facilities from Selva Marina Drive at pm peak hours (4 pm to 6 pm) not than 5 times per year, in accordance with a methodology approved by the Director of Public Works, to evaluate whether there has been a material increase of commercial traffic to the Clubhouse during pm peak hour periods. JAX\I 148769_3 -10- AGENDA ITEM # 7B SEPTEMBER 24, 2007 N. RETENTION AND STORMWATER FACILITIES. Retention areas for the Project will be located along the southern and western boundaries of the Selva Residential Development Area, within the golf course and in underground chambers within the Clubhouse Parcel. All drainage, retention and stormwater functions, facilities and structures shall be privately owned and maintained in perpetuity by a homeowner's association or other such entity established in accordance with Florida law for the purpose of maintaining such facilities. Easements shall be recorded and depicted on any Final Subdivision Plat, specifically noting the use and restrictions of such easements. O. UTILITIES AND CONSERVATION MEASURES. Public utilities shall be constructed underground and located within utility easement(s) as required by the Atlantic Beach Land Development Regulations. (a) Water and sewer. Water and sewer services shall be provided by Atlantic Beach. If determined to be necessary by the Director of Public Utilities to serve this PUD, a lift station (not to exceed 3,600 square feet) will be located within the golf course property near the existing maintenance yard. If a lift station is required, the land upon which the lift station is located will be conveyed to the City, and an easement as may be needed for access to the lift station shall be recorded. The lift station and any other utility facilities shall be screened in accordance with Atlantic Beach requirements. (b) Electric service. Electricity will be provided by the Jacksonville Electric Authority. (c) Energy efficiency. All residential dwellings shall be constructed to be Florida Water Stars'" compliant and also ENERGY STAR compliant, meeting the guidelines for energy efficiency set by the the U.S. Department of Energy and the U.S. Environmental Protection Agency ENERGY STAR program. (d) Reclaimed water lines. It is anticipated that reclaimed water will be used to provide irrigation for the golf course and common areas if a system for the use of reclaimed water is available to serve this Project. If the City has formally committed to proceed with development of a reclaimed water system at the time water infrastructure is designed for the Project, "purple pipe" reclaimed water lines shall be installed along with potable water lines. A connection point for each lot shall be provided, and once available, individual lots shall have the right to connect to the reclaimed water system for the purpose of lawn irrigation. Connections shall be in accordance with procedures to be established by the Department of Public Utilities. i. MAIN'I'ENANCE OF COI'viMON AREAS. Aii common areas, structures and features within this Project shall be privately owned and maintained in perpetuity by a homeowner's association or other such private entity established in accordance with Florida law for the purpose of maintaining common areas and structures, including but.not limited to streets and roadways, retention and stormwater facilities, recreation amenities and facilities and any other privately owned structures and features. JAX\1148769 3 - -11- AGENDA ITEM # 7B SEPTEMBER 24, 2007 Q. HOMEOWNER'S ASSOCIATION. All common areas and features, as described above, within this Project shall be privately owned and maintained in perpetuity by a homeowner's association or other such entity established in accordance with Florida law for the purpose of maintaining such common areas, recreation amenities and facilities and all other privately owned structures and features. R. ANTICIPATED DEVELOPMENT SCHEDULE. Construction of all improvements shall proceed in accordance with this PUD and. all applicable requirements of the Atlantic Beach Land Development Regulations and other State or Federal agencies having regulatory authority over the development of this Project. (a) Clubhouse Parcel. The Clubhouse Parcel improvements may be completed in one or more phases. Anticipated development time of improvements will be 24 months after commencement. A Certificate of Completion shall be issued upon satisfactory final inspection of the constructed improvements. (b) Selva Residential Development Areas. Residential development may be completed in one or more phases. Development of the Project will commence within two years of PUD approval. Commencement shall be defined as a complete and proper application for a required permit with any local, state, or federal agency. Anticipated development time of improvements in each phase will be completed within two years after issuance of all permits. A Certificate of Completion shall be issued upon satisfactory final inspection of the constructed improvements. It is anticipated that the build-out of the Project will be at least five years from initial building permit issuance. S. CONSTRUCTION PHASE. Construction within this Project shall proceed in accordance with the following provisions. (a) Construction traffic. All residential construction traffic shall use Mayport Road, and appropriate signage shall be installed prior to commencement of any construction. Where temporary use of Selva Marina Drive is unavoidable, the appropriate party shall notify the Director of Public Works prior to such use to verify that no reasonable access alternative exists. If deemed necessary by the Director, affected residents shall be notified accordingly. (b) Construction Site Management. Prior to issuance of any permits by the City, a Construction Site Management Plan, as required by Section 6-18 of the City Code shall be submitted to and approved by the City's Building Official. The Construction Site Management Plan shall specifically address issues related to dust, debris, noise and hours of constrt~cti_on ~:S these relate to notenti~l for adverse imnantc to the arlininina lntc within the Selva Linkside subdivision. (c) Construction and Development Signs. Temporary construction and directional signs shall be limited to 6 square feet in area and 8 feet in height, and shall be removed within fifteen days of completion of construction. Real estate signs advertising the sale of the premises will be limited to one sign per lot, and such signs will be limited to 6 square feet in area and 5 feet in height. JAX\1148769_3 -12- AGENDA ITEM # 7B SEPTEMBER 24, 2007 (d) Temporary Sales and Construction Facilities. A sales trailer/modular unit and construction trailer/modular unit shall be permitted during the construction period on the amenity site. T. OWNER AND APPLICANT'S COMMITMENT. The Applicant, owner, developer and all assigns and successors in ownership agree and stipulate to proceed with this proposed development in accordance with this PUD document, all attachments and Exhibits including the Final Development Plan, as adopted by Ordinance Number 90-07-202, on September 24, 2007. The Applicant, all owners, their successors and assigns of lands and parcels described herein shall agree and commit to: (a) Provide a written statement of a proposal for completion of the development according to the plans approved by this PUD ordinance, and for the continuing operation and maintenance to such areas, functions and facilities as are not to be provided, operated or maintained by the Atlantic Beach pursuant to written agreement; and (b) Bind all successors and assigns in title to any commitments included in the enacting ordinance, which shall include by reference the application for rezoning. This shall be clearly reflected in the Covenants and Restrictions of the PUD, which shall be recorded with the Clerk of the Courts of Duval County. (c) All right-of--ways, drainage facilities and common areas located within the Selva Residential Development (other than the future tennis courts which, if constructed, will be part of the Country Club) are for the common use and benefit of all property owners and shall initially be constructed, owned and maintained by the Applicant, his successors and/or assigns. The Applicant shall transfer ownership and maintenance responsibilities to the Homeowner's Association for the Selva Residential Development, which shall be a non-profit corporation established under the laws of the state of Florida consistent with Chapter 720, Florida Statutes. (d) The Property shall be maintained in a clean and orderly manner in accordance with all of provisions of this PUD and conditions included within the adopting Ordinance. Legal documents and agreements for common ownership and continued private maintenance by property owners and/or property association shall meet the requirements of Florida law and the Atlantic Beach Zoning, Subdivision and Land Development Regulations in effect at the time of establishment. U. VARIANCES, DEVIATIONS AND WAIVERS As provided for in Section 24-222 of the Atlantic Beach's Land Development Regulations, this PUD varies slightly from the standard design and construction requirements of conventional Zoning Districts. In the event that additional variances, deviations, or waivers are necessary to proceed with or complete this Project, the Applicant reserves the right to request such in accordance with the procedures as set forth within the Atlantic Beach Land Development Regulations. Included in this PUD are waivers from the following sections of the Land Development Regulations. Approval of these waivers will not affect public health, safety and welfare. JA3C~ 1148769_3 -13 - AGENDA ITEM # 7B SEPTEMBER 24, 2007 (a) Impervious surface area for individual lots. The maximum allowable impervious surface for conventional residential lots is 50%. It is understood that the intent of this limit is to protect public and private property from stormwater runoff related damage. To accomplish the Traditional Neighborhood Design (TND) elements of the Selva Residential Development, Impervious Surface Area up to 65% for a portion of the lots will be required. However, when considering the Project in its entire land area including common areas, open spaces, creeks and other pervious areas, the Project is consistent with the 50% limit. A master stormwater management system will be in constructed and permitted in accordance with SJRWMD requirements and will consist of storm drains and detention ponds designed to accommodate the 65% impervious surface on these lots and thereby protect both the public and private properties from stormwater runoff related damage. (b) Protection of trees. Upon written request to and approval from the Atlantic Beach Community Development Director and the Building Official, a maximum waiver 10% of required yard setbacks may be waived for the sole purpose of saving protected trees or significant vegetation subject to compliance with Florida Building Codes and provision of required setbacks from delineated jurisdictional wetlands. Signature of Owner /Applicant Date JAX\ 1148769_3 -14- AGENDA ITEM ~ 7B SEPTEMBER 24, 2007 EXHIBIT A TO RESTRICTIVE COVENANTS (Golf Course Lands in Jacksonville, Florida) Real Estate Number: 169399 0000 Lands in Section 08-2S-29E, being part of Government Lots 7,8,9,10,15,16 as described in the Deed recorded in O/R BK 652-484(EX PT IN ATLANTIC -BEACH CITY LIMITS) JAX\1148769 3 - -17- ~ Ostic '6i Lo -3'd '. u "O ® o ^ ,o ' l ns~ 9 ~, w ascnosy.. a ~ i v nv>osl~a ® epu9~g ~yoeag aqusPV b ~ ! ! i p O _,.,~, a~,a oo .w ~.. EE„ qn~~ ~~;uno~ eu~aew ~n~ag a f g } ~ = d W ~ O uamdo a a a f e f - LLs ~` a n r ~ = ~ ~ nap ~epmp~caa pp d cs O , V V 1M" W Z W VI !r yam O Z ~ U ~ U ~ ~ Y c~a~ C~ J ~ Z N O ~ `<U w ~~F aaaw~ <os,~rc~< D ~<~wu'm~ INA RIVE ~, ~~°<~<do SELVA MAR ... ~; Q m ~ `\ `. a a ~ :> _ - ~ i4 -- ~ W 1 1 r.. F omQ Q - 1 a 0 Y Y 1, ~ o~ a~a ~ w~ (n O U ! O. O U - ~ Z' a w -- - v'\ _ _ a~~ ~ ~z v>>z az oOO l ~ i~i w a~ J S -~ ~ ~~: m a U - - -, - -`.~. ~ ~ , w ; t ~~ - a -~-_- _- .... m \ d321J3a/3JbdS ~ ( ~ I 0 1, _- ~_ i ~ I _ ./ ~ i •. _. ~~ ~Y ' - - ~ - ~ ' (-" ~ / ~'-- _ LAKE--__.~-__~- ~ r_. _ _._:_ _.. i i _ a ~ ~ •-• i w _~ ~ J o ~{ i a a - ~ w t ~ I ~ _ '[ ~ I ~ F t a N I L.._J W z w W Q J (n J I W~ J awFO V_'a ~ ~~~ ~~ aoo o- ~~ z J O ~ v~ --- o ~ ~ ~ i a_W Oln rl O _ ~ o ~ ~ I.. zlo 1~~ W Z N J- O tNO ~ 1 <.qq. W L W ~ W~ a ~~ Ja'K W N 0 o ~ _ ~ I __ i I I 1 ~ I ~ o w ~ r W a m.. w __ _-- __ d - ~ rn~ W NOW Q p ~...... . __'.I L i O Q 3 ~ H a ~ ~~ ^z 00 ~~ii 5"e " I W ~ 3 , dd ~ ~ - o ... I.. ~ _..____ I z oo z o N z ~ a O ~' o F Z~~ O ~ i . ~ . _ i ._~ , ~ U w ri n w J 1' ~ a a Z II $ ~i i ~A.a 86!x9 W 0 < ..~ I ~ : o 0 Q w o~ ~ a 1 _ ~-~ ~ 6 m a ° W o o N ~ ---- g~ ~~4~~~~_ 88 83 o ~, o ~~ p O N ' F~ W~ Z~ w f . i _ a ~ o J w -~ 3. ~~ k F R J o i ¢ O 0 ~ a 86868868 Qy o~z~a 0 ~~ Q W Q r~arv3x sa Z ---- ti rn N ---- iL--9-3- - U O K ___ < w ti _ ~ O ~ Lv = Lai ~ W ~ ' RR°S-R^e^. ~ Y ~ z z a o° O ~ 6 In ~w O a z Ln w O x w oaa J O m ~ ...+..,„tee - c i a - In y F ~ L ~ G o ~ ~ w w Sao ~ ~ z ~aain v ~ o w ~cn~ ao- a o 00 a~ y F v ~o~ ina~ ao ~a 8 o N zz 00 1~~ 1-_ 8 w ~ Z O R Oa U > ~, a a ~~ z~ A N ~ 8 ~ v AGENDA ITEM # 7B SEPTEMBER 24, 2007 EXHIBIT D RESTRICTIONS FOR SELVA MARINA COUNTRY CLUB THIS DECLARATION is made this 200_, by SELVA MARINA COUNTRY CLUB, INC., a Florida corporation, herein "Declarant". Declarant is the owner of certain property located in Jacksonville, Duval County, Florida (bearing Property Identification Number RE#: 169399-0000), which is more particularly described in Exhibit A attached hereto and by this reference made a part hereof (hereinafter referred to as the "Property"). Declarant hereby declares that all of the Property shall be held, sold, and conveyed subject to the following restriction, which are for the purpose of providing a common plan or scheme of development for the Property and adjoining lands and protecting the natural environment and the value and desirability of the Property, to run with the title to the Property and be binding on all parties having any right, title, or interest in the Property or any part thereof, their legal representatives, heirs, successors, and assigns, and to inure to the benefit of each owner thereof. Each grantee of any deed conveying any of the Property or any part thereof shall be deemed by the acceptance of such deed to have agreed to the following covenants, conditions, restrictions, and easements and to have covenanted to observe, comply with, and be bound by all the following restrictions: 1. Restriction. The Property is currently used for a golf course. If the Property is developed for residential uses, the gross density of the residential development will not exceed seven (7) units per acre and the building height of the improvements on the Property will not exceed 35 feet. "Height" shall mean the vertical distance from the Calculated Average Grade of the Lot to the highest point of a Building's roof structure or parapet and any attachments thereto, exclusive of chimneys. The height limits do not apply to architectural elements such as spires, belfries, cupolas, flagpoles, antennas, or chimneys not intended for human occupancy. 2 Enforcement. Declarant and the City of Atlantic Beach, a body politic, or either, shall have the right to enforce, by any appropriate proceeding at law or in equity, including specific performance, all restrictions imposed by or pursuant to the provisions of this Declaration. The prevailing party in such proceedings shall be entitled to recover from the non- prevailing party all costs and expenses incurred, including reasonable attorneys' fees. Failure to cr~force ar~y provisions of this Deciaration shall not be deemed a waiver of the right of any person or entity otherwise entitled to enforce such provision to do so at any time. 3 Duration and Amendment. The provisions of this Declaration shall run with and bind the Property for a period of 99 years from the date this Declaration is recorded in the public records of Duval County, Florida. This Declaration may be amended by Declarant, its successors or assigns, only with the approval of the City Commission for Atlantic Beach. JAX\I 148769_3 -15- AGENDA ITEM # 7B SEPTEMBER 24, 2007 Signed, sealed and delivered in the presence of: Print Name: Print Name: STATE OF FLORIDA COUNTY OF SELVA MARINA COUNTRY CLUB, INC., a Florida corporation By: Print Name: Title: (Corporate Seal) The foregoing was acknowledged before me this day of , 200_, by as the President of SELVA MARINA COUNTRY CLUB, INC., a Florida corporation, on behalf of the corporation. He/she [CHOOSE ONE]: ^ is personally known to me or ^ produced as identification. [NOTARY SEAL] Print Name: Notary Public, State of Florida at Large JAX\ 1148769_3 -16- AGENDA ITEM #! 7B SEPTEMBER 24, 2007 W M~_ W 2 W ~~; ~ ~ O VV~''__~~~~~~~,,, T, ,~, ~, ._. ~~ ,,a oL ~ F ' r ~ '.' ', N ~! • ~ r ~ ;< ~_ a . ~ {d , r n> Y'-, r ~' , l iL~ ~ R ~ ~ ~ t, ~ ~ r,~, ~ l ~ * of _~~ ~ ~ s _ c L~~c { ( ,. ~ ~ _.`tr, r ~ r ~L 7 d' 1 -V F - 'fir ~, "' ~ i i A" ~' `~ ~ ~ c tl ~ ~ ~ V j'+4 ~ ~ i 1 J ,,, ,f~~,`~' ~ . f ~ Yt, ~~~ `r~r"` "~ ~ ,~ 1'4 ~ ~ i j~`~.lti 'Y' Y ,. fit z {^,' __\. ~:- r of +~" ~1`~ ~ }'17 J .,,as ~ '~' i~ y ~ rk ~w,p~ r- .' Vii' `~:~ ~ ~~~ '~"~~g ~~~ ~~~ ~~ Tt -,r~ 1 _ t~ w •, e P ~ ~~"' =` 9 }rt r ~ nre' yy "k M ' ~ ~' ~ ,~.'. „ '~ ,` ~' f tij, ~' ~~~..~~i,, ~ `~ , rf'~ ~' ,~~ .. am'1 ` ~ ~. X - -` ~ - f ~ : ~. Y n MM F~ ~ .o N y CTj • A-d y ~C ~ ~ ,~ O Wv ~-i N ti U AGENDA ITEM # 7B SEPTEMBER 24, 2007 y v ~ o " ..q. .. ~ u ~ O y i--1 ~ ° ~ ~ w M ~5 is ~ ~ ,`~, y .c o o v~ ~ •v ~ ~n ~~ ~' ° ~ ~ c; a`~ S b O >, ."., c, N O .~ 0. ^^ v ~ ~ .o o. ~ ~ ~v a, .y o ;: 'eb ~ ~ ~ ~ ~ •.. Lei ~ .o w O '~ U v :r ° ~" G' aj c`Iv "I' .~i ^~ ,v, '7 ' c: ~' O ~ 'O ' V '" ~ yb g a~~ k¢~ o'er ~v. ro :: ~ E. y4°, ~ ~c~.~ ~ > '" '~ a ,ti ,~ ~ ~ iy o a7 U CO '~ ~ .: a ~ o ~ .~ ,v h .° c: o ~ v v 'So w ~A v v a; O o ~ ~ v O 'v '7 ~ ~ oo ."~ "° ~ try ° ~ °~ ' ~ ',~" ~ ~ ~ ~ v ~ o t~ c v ~ y~ a, " ~ v ~ ~ ° 'O ~ a o ~ ~ o > ~ °' .~ ?: ° v ~ -o ~ ~ s ~ ~ ~ ~ eve ~ ~ ~ w° H .... o U' -°" v v o ~ t° v v .° '~ ti U CL ~ ~ ~ v . ~ . ~ ~ ~ ~ C. C. 5 5o G ;~ q v o ~ .9 ~ ~ ycj '^~ r~ '~ 0. ~ x .d 0 " 'v y ~ ,~ O " N "° O ..~ a v v.~ .C ~~~ y ,~w ~ ~ b en vv v~ a. :.i 1. y 4J ~ ~ 07 • a 'd N r~'i ~ ~ W H n ~ ~ ti ~ o x~ U, ~_ a ~~ ~ o - Z~ • q o ~ ct W z ~•,~ ~ ~ i .~ z, ~~ ~ w~ G.~ W~ ° J u~ N~ 4~ ~, ~ g E~Ij y ~' a ~ v -cy o i-~--~I C~ c, Q ~ ~ y " 7. ~ ~ °"° .7 ~ C.J Q ~ f ~ ' r a ~ ~ ~ c V `~ J ~ ~ ~ w ~ J ~ ~ s ° ~ o = -~ ~ Y ~: AGENDA ITEM # 7B SEPTEMBER 24, 2007 r ~ ~ ~' r ~ V r~ ~ ~ -° y ~ n ~ a o _ y C. ~ o " .~ -c ~ ~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ 'O :n y o y .= .5 V ~ ~ s ~, y u ~ ~ / ~ S v .. ~ ~ "s ~ ~ [ ~° ~ [ ~ V ~ ~° r .. N h Q '~ ~ ~ :~ ^d ~ ~ p ~ ~ ~ ~ ,O b ~ ~~ '~ v ,. U .~ ai ~ ~ era ~ .d ti a~ ¢, y U ~ ~ ~ ~ ~ .s ~ v ~ ti a N y ~ ti y ~~ U ~ ~ 0 . ~ p ~ ~ ~ ~ o N F~ .~ ~ ii 5i ~ 'd rvn "" ~ ;~ vi •.~. .~ .~4' lei' ».+ p ~ ~o p ~ p ~ '~ ~ ~ ~ v ,~ ., '~~. p ~ ~ r+ C. cC~ y ~, ~ b :b v ~ ~ ~ >, ~ > ; i ~ "~'F ~' S O 'D .~ ~ p0 ~ :: ~ O bA ~ ~ s t ~~ ~ z ~ .~ ti .,, aa.~ iJ .. ice' ~ CL ~ v ~ O ~ o ~ a~ .n a ~ ~ ~ .. ~ ~ ,~.: ~ G L p x rNC ~ O ..L O p .0 ~ p L rvd 1` ` `~f.~ F+•1 ~ ~ ~ ~ AGENDA ITEM # 7B SEPTEMBER 24, 2007 AGENDA ITEM # 7B SEPTEMBER 24, 2007 ~ . ~ ~ ~ ^»7 iL Sr. 1 r^ K ~ ;~3 U Y ~ GL f ';~~'~ ~ 3 y t' ` `k ~ v ~~~~:, ~ ~~ ~ ~ r ~ ~ ~ 1~ 4 ' ~ ~.~__ i ~"... I i YE «~f pr r ~ }1 a~ ;~ ; n : ~ , , , y j ~¢3 .z ~ . ~ ~ ~ ` ~ ~ ~ V a arr V ~'~ .~.. .... r; '~ ~y c~ '~ F4 < ..r e~i i ~~ ' ~ ~ ; ~ ~f ~ U ~ ~ r ~ t ~, . K~ar ~~ N ~ 1 ~~ ~~ `~yd ~ ~~ ~ ~ ~~` ,. J l ' „1 q , ~ '*Y y ~~4~ J ~ i ~ ~~ ~ ~ ~~ ~ l Z,..~f~ ~ ~ ~ F. r { ~ , ~ 1 I '~1 V ~ , ~ ~ << ' . ~ N t` ;~ ; '~ ~~~'~ ~_ - ~~ a ~ AGENDA ITEM # 7B SEPTEMBER 24, 2007 AGENDA ITEM # 7B SEPTEMBER 24, 2007 ~-' 'c ~ :4 h ~,s r ~„~:: r ~ ' ~_ ~a ~ y c ~,~ ~. u y~&". i? y ~ ~h MMV , l' ~ ~{ , ~ ~ . ~l ~~ r ~.., i ~ + ~ ~ L'" '~ C~~. §• ~ y:,~: ' ~ ?*: ~ ~ " ~ ~! ~~ }} i~A n A ~~ i (; .h h"'y .~ h"~'1 ..1 U .~ .~ ..~. ,~ ny 9~ j~ 'Tl '.~ 6 I~ 7;. 1 C. ~ ~,F ~ ry, ? { ~ . y ~~. ~t '~`~' ~~ ~" ~ .1~~ - ~ `. v ~ ~ y "` '~r ti'~'~ "~ f t" r 2~~~ { ~r ,_ ~ /~r~~` ~ tit ~ ,{~~ ~ °a,yrf rI '' 4 } ~ ,~ 4, f't ~ ~ p ~^4"f~.Y~;~^Lf ~ v~ t~ ~-~, t+ ~ ~ it '!; ``~j'~ °. ;.~" :`r' ~+t irk. ~ ~ tr ~~• ~~.,•~ ~3,~. s' - __. A ~t ~ .k`r. ,~`r yt ¢f: ,r1 1 t ~, '+~ <~' , ',~[ ~ ` .' ~»- * ~ka Tyr i''! .,_r~, F. ~'' ~s. ~+ +~ & ~~.. •••••• ~ aw;'~t r ~~ r jx~~ lu.~ ~~~ ~ f i~~ ~y~ '~~~ i. ~~'~ 'I ~ Y I' ~ y ~ ~ c, i. ~ ~ Z"w a 5~~ 4 ~ ~~ ;ti 1~ rr~' ~ Y y ~. * w ~:. 1~ ~~ ~- ~~ ~. N . f ,~ , ~ t ~ ~~ ~ ` T > ~ ~~ 4'ta V ~ . r 1.,. r. +1 t ~p "~ 'T° ~ '.~ f Fti• 'a'144 ~ ,ti~.--~ ~~~„ M~ .~., ~" ~ 4 r~l ~.3 ,~ ~"' fif ~'. r '~ . x ~x '~' may,. J ~` ;•{ 0.~ ~~ ~ ~ V n Y+p~.v ~~ •~ ~- si ~: ~ ,.~ t' ,~.d~ , ~~~ 4? ~• ' AGENDA ITEM # 7B SEPTEMBER 24, 2007 ~ ~ I r ~ Ir y ~ ~ -' ~~ ~5~ ~a~~ ~~ . 1+ ~~ v ~ > ~ ~ ~ o o ,, ~ ~ ;~; X11 ~~ ~ ro o ~, I t w ~:~ i d p w ~ ~ ,.~ pup r '~ a v a v ~> ~ ~;1' i ~ ~,~~ .~.~ ~ ~ ~~ ~-~ r ~?~~ yid? u i3~` '" t~. ~ S O ~.. ~q ro ~, a s a y ~ v°~ ~ ys ~~ ~ , r~ j~ o ro ~ ~ O c: ~ ~ ti ,~ '_1.14 _ `~ { b .+ r y y ~ s. w a.3 ~ v„ v ~ ~, o a~~ ~p ~ .. C :'°s ~ F' ~ ~ a~i o u o ~" P 1v: ~ ~ w ~ b ~ ~ o ~ ~ ~ ~ ~ wr ~ u ~'b °' ~ b ~ o ~ i, ( ~ ~~ w v F O U N ~ (J` F' ~r7 '-f . .~ ~ ~ ~ c/1 ~ ~ c/1 ~ ~.'I. II. ~-I ~ ~ ~ ~~ ~ 1 ~_ ~ U ~ '~ ~~~"~~~" ~ ~~}~,~ t ~ I, ~~1~~ E-+ E-1 ~ ~ ,t~ -=~~ i~ -- ' - ~ _ ~ ~ ~ ~' o _ ~ .- ~ ~ ° _ ~'~ ,~ ° .: ~~ ~' _. - _~~~~ o ~, ~ _. V ,.. AGENDA ITEM # 7B SEP'T'EMBER 24, 2007 _.. ~ ~ ~,~ ~ ., o ~ ~~ 'fr= ~ ;, j N o - ~r' a ~ ~~ ~ ~~1J .~ ,.1 ~~.',~ ~ ~ a_}, --- ~ ~ , _ ~ ~ ~ z , ~ ,~ .~ ~ _ ~ ~j ~''4,.d CJ t i, GJ Y® ~~J O (~ ~/O yy1~ I~ ti d W 'n o o i t_ ~' ~ ~ ~ ~ '~ ~ = ~ v ~~ ~ 'a -~.~ g ~ -, ~ ~ o p ~ ~~ y~, w FJ~ d b~ J p w .q~ c: a_. r y 'O 0~ CL i O C~ ~~:+~"~" ~~ H '~ ~ ~ U ~b N b O~ p L r ~+;y w n l ~ 'd . ~ f3, 'b v . y ~ ~ .JI~S,~v- by d p u yy ~{ u . ~ ' ~ '. U ~,~ ~,o~~. ,~y~ ~ ~~ p,~ ~~~ ~ > ~ _ y~ •,•E~, o~ 3~ o ,s p p ~ ~ °J " ~ , 4--1 °' ~ ~ ° ~ .d o ~ x '° ; ~ ~ ~ ~y ~ b ~`, C/~ ~ ` ' O ~ ~ A~ O bD Y v b ~ Op v1 •~ w ~ rf".~ w ~ t. 'x, q `~ ~ :~ u C7 '~ ~ ~ o ~ ~ ~^ p ~ ~ ~~ t''.. ~ ~ '~ 'd ~ ~. ~ ~~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~f w ~ ~, ~ ~ ~ .~ ,~ ~ ~ ~ ~ ~~ AGENDA ITEM # 7B SEPTEMBER 24, 2007 AGENDA ITEM # 7B SEPTEMBER 24, 2007 AGENDA TI'EM # 7B SEPTEMBER 24, 2007 u .v O •~ J :J W v V C:' O U v QA G .~ cC ,~ ~' v V C." U ', -C '.. ~ ai y~ ^ ~'o ~ V ~., ~ ~ ~ S -r Q ~ v '~ ~ " F ~ ~ / ~ r ~ ~ p ~ ~ J I v p 'C '~ ~ ~; .d ~" ` ~ ~ G ~ ~ ~ 5 y _ ~' ~ ~ v y U y,., r.+ ~ G ~ O pct N ~ _ r+1 nn 11 V O ~. ~ V ~f N U ~ ~ ai O ~ N V/ n ^`~ O. L ....~ .7 ~ ,.~ 'D G C 4 '~ '~ :~ ~. ..~p ~ V ~ . r c~ 2 ~v '' c ~4 . ~ ~ u77 ~', ~ u O ,~ rFS, N r~ ' ~ i~ .-i GV c+7 d' ~'~ ~U Imo. 00 L1 -~ AGENDA ITEM # 7B SEPTEMBER 24, 2007 AGENDA ITEM # 7B SEPTEMBER 24, 2007 ~~ :n ^J .~ "~ f r~ G .~ ;~--may i--'1 c~ G. V O U n ':~ q ~~ ;L' (yv C~, V G' O U m U N r v r- ~c ~. y .~ d 4.. C r C CC :.i U y-+ U ~ ~' ~ H ~ y ~ " C~ ~ ~ e~ ~ o bra ` y ~ ~ 7.. ° r. U ~" w J ~ ~ L u a q. ,n ~ \/ ~ CC3 ~ ~ ~ ~ ~ ~ ~ ~ ~ V S ~ a y ~ o ~ ~' ~ J y ~ ~ o~ ~ r. ~ ;~ ~: V 5 ~ ~ ~ C ¢~ P c Q ~. w .~ :, ~~ ° Ca ~.~ ('Ci AGENDA ITEM # 7B SEPTEMBER 24, 2Q07 AGENDA ITEM # 7B SEPTEMBER 24, 2007 AGENDA ITEM # 7B SEPTEMBER 24, 2007 AGENDA ITEM # 7B SEPTEMBER 24, 2007 1C, ~,,.~.~ ; ~ ~ } ~-~ ~': ~i ~ - j ~' I ~. L~3 (~' J r VV' ~{ I~~ ~ tR f'v ~, ~ ~ .i q ~. fj~~ 1 ~E ~ ~.Ysi~. ' \ "~ 1 F I` r Cs, t ~' ~: ~'v, ~ ~ ~ ~i ` ~U ~ ~ ~ , 'E. r ^-. ~ ~. ~ -- h y.., .y ~ ~ ~ \ ~ ~ \ ~ i r ~, .;.... '~~ ~`~~ L'~ ~ , f t ` ~ ~ Il ~~~ , ~ l ~~ ~ ,~ f ~ ~~ ~ ~ ' ~ '~ U . ~~~ !. ~ _~ ~. ? ~ ~ ~•f ~ t a O . ak i0 ~ ~ y ~- - b {i'~r',~ k ~: '~ ~ ~~ ~ i~ ~ ;. A -; r . . ~, ~- ~' ~ ~ r-~,. ~ti , ,. 7 ~ ,? ~, ~ 4. 0 8 U pA ~ v C O .~ o ~ U ~~ ~ Q b ~ , ~ ~~ " C ~ ... i ~ ~ 3 ~ ~ .~ v ,z, . r , ~ ~ v G. C ~ ~ . , V '~ o ~ ~ ~ ~ 5 ~ ~ `° ~ ~ v V ~ . ~ ~ 0 h U N ~ O r ~ ~ ~ '~ J ~`. N 4 ~ y~J~ ' ~ 4! ~rnr ¢ ~ ~ iJ f~/ /~~ 1 1 ~ ~1 U '-y ~ ~ y ~ ` 3 ~~ ~ ~ Q R Q ~ a ~ ~ y ~ v ~° ' U ~ h : Q ~ ~ ~ a . ' ¢ ~ . .. N 'cr; ~'. iri V'. [~ W. 0 ci r' C~ AGENDA ITEM # 7B SEPTEMBER 24, 200'7 AGENDA ITEM # 7B SEPTEMBER 24, 2007 s ~ ~ ;n a: ;/~ ~ R ,_ ~ ' ~ v" `O ~ U U ~ ''ti ` ~; ~~~ ~ 11'; , ,: ` r ~ ~ ~ f ~ ,, ' ~~ ~ >.U ~ ,/ hv, - f qq }~, <f..~ J T l4 (' S P L'..~ ~ ~..w• ^9 O 7 ~" 'AP ~w rti ~1 fH. K `.. i'. : ~ ~ ~L e i ~{ ~i ". ~ ~ N -y ti ~ u ~ n ~/+V ~ O ~ U ~ ~ y ~ v .. 7 ~ ~ ~ ~rv.~~ y o n ~ ~ 1~y C ~ ~ ~'" v ~ .wr S N ~ ~ ~ 4n ~ ~ .. ~ V ... '~ .. ~ ~ ~ ~ ^ V v 1 '" ~ '~ ~ ~ .n ~ ~ n ~ ~' ~ y , , ~, v s~ ~ b ~ r 7 ., ~ ~ ~ ~ V ~ '~ o ~ 7 o r~ a CJ ~ ~, ~ o ~ ~ V •~ d o rc' ~ r. N a o ~ r. Q ~ a N . Q ~ '~ ,'~ ~ .~~ Q 0 AGENDA ITEM # 7B SEPTEMBER 24, 2007 ,;;~: u S~ . ,..a ~..~ CCU ~r-T-i' r C~ r--i .~ .-~ ~0 V r-~ AGENDA ITEM # 7B SEPTEMBER 24, 2007 ~,, ;, ; ~ .~~ ~~~ x, ~ a .-~" ` ~ '~ $i~. ,. h ~" ~~ VV i~`~ ~ x~~ ~ ~ '?'1;..). ~ ~ ,~ . l ~ ~ v. r r 7,. ~:: r M ~'.. ur ~ n ~ ~ r "~` z ~z )a) s ss r L ~ > ,zy , ~~„ ~~cc# , ~ ~ ~ i w ~ ~ ~r s» yy 1 Y'~`a'^`Z r v~Ysr~ }.. ~`%>'r ~ ~ ~f? 14Y ~ 7' ~% WJ Y~ t rkf~~< ~k+nX~~, ~ ~ ~~ •~ i ,I~- ~ ~ ~ ~ ~ ~ i' 9 t , ~Y ` fi' `J,1 ~~~ 3 f t ~t~~ ~ 11 j1~ i ~ r Iti Oy ~~~~~~Ft~t ~ d err ~ 4 +~ e ~ ~~ x rs u ~ vS ~ ~ i i 1 l f, e~ 7 ~ ~ ~ ~ ~ 1 1rs~1,` ~~1~{Sri t ~ a 3i fir" 1 .1` ` , 1 ,5 1~ ~ ~, ''~w,~I•G i l~Y r4 1 1 ~4 .k. P ~~ lA;i,~Yh~ [. Al rk .~ 7 1 ~S` 1` l~ l ~ T+ f' ,` ~. I~ ~ ,~ 1 1 %t f~ll ~~ - ~ r .~ "t S `> ~ r fk ~ ' +~ ; _~ r -~;~ s ~. k, ~ v ~i} r :1 '7. F 9.~ ~YTyF N~i1 x i r'~ ~~' 1 /~ l i i t ~"-k ~ !~~ ,h X11 Y t l t i ~ ~ - ~. i 1 1 1' ~{"`»~1 ~+~. /~'~t~}l 1~ ~ ~~ '~, ~a is .' ~, ~-. ~ 4 .,Y1 ~ ~ s ~ 117 ..'~ 4. ( 2 nrY '. rJ ).. ~ f ~ ~~~~ r ~ ~ w~: yl orb' i ~. ~ 1,7 % - .~,, ~ r r a7, ~~r,,~ ~1'' ~ ' ~"' ~~~ `fir r-i ~~;~, i .+ { \/ 9x l 1 ~ m~p~. /~~ ` ~- '~ ~` ~ ~, ~ `' AGENDA ITEM # 7B SEPTEMBER 24, 2007 .~ I~ '~ l~ 0 U .~ .~ :;.`.. ,-,mot-::>..:;-M:'~~>.„.. .. :~:~. .. .. _ ,.~ ~ ! ~, r~ ~ r :' ~ ar - -t _. ~ _- ~- i ~' ~, ~, I ~, ,' ~ ~ J + ~ ~ F ~= ~~ ~ ~ ~ ~ ~ ~~~ ' ~ ~ ~ ~~~ ' ~ ~ ~- ~~ , ~~ ~ ~~, ~~ ~; ~: ,~ ~~ ~ ~ ~ ~, ~. '4 ' 7 ~~~~~, ~~~~F . ~a !, . ,. ~~~~ ~~ ,.~ ,~~; ~~ ,~,o~ 't~3_~ ~ 1 ~r~` ~, I' I ~. ,~ '' 1 ~' i :1 `~; ~. `'~ .~ ,~~::~, ? y~ ~ ;,%:~ ,,~,~ ii _`' .~ '~ ~' - - ~) ~. . I;, , s . i ~. -~~^ =: ~~. ~ N ~--~ U 0 U AGENDA TI'EM # 7B SEPTEMBER 24, 2007 AGENDA ITEM # 7B SEPTEMBER 24, 2007 y, ~~~ ; ~ I'. j ;£ '~~~"-'. i^~ ~^^ ~1 V MM~ ~~-I .. N ~A cd ~--i V cd N V .~ ~ ~~f ~ ~/ ! ~~4 1 Ott O ~ f ~ ~ . .Y T ~- t } { t sf { Y ,c r~ 1"I ~ ~~ :, ~ - y x.~..~ 1 `7 ~~ i_ E 1.~ ." _ i +,~ ~ ~., ~~~ 2n~ac _ . ' f apf` ::r `k .; yy ~W: +1N ~ '. ~ k I .FS r r ~ ~ 1 ~f ~ M1. ~ f ~ ~y ~~ ~ ii L A: z '~ `"~"` t ~ I ~ ; ~ F ~ ~ i E ~' ~ y {.~' .y a kaS { ~ ,~ q/ ~ ~ ~ _ t 'Y ~ ~~~ ~ l _ r a ^ r ~ ' ' ma y , s, i ,m x rti'.. ` xi~ri +l ~ 2 ~~., s 7 ~a,s,4 r ti. ~ 7 it 1 r r t~y ~k' ~ ~ I. 3 .:. ~d: ~' ~ Ij i , i 1 a~~ ~ ~., rt , ( ~ ~ ~:i : r~="'~ ~ ~ 1 ~~ ti 3+~ k ;', , ~t a K+ t m ~~ k T 1~ ~k ~ ' s C t 1~ ~... ~ i~ 6 's R `~~T ~ »-a~' J i ~ j~ S E ` ~ ~ ~ ~ ~; ' ~ ~ I t Twj g'.r' »T- tf~/.~ U %~ tt .ii , : ~, k y ~ . i -~ F~r~f S P "C ~ ~ y !'i.F' tl ~I ,~ -~ :1 ~ ~~?4~ M .~4F ~q~ r~ ~ [ ''~ '~ ~ fC _,j i r ; ~~~ ~ n:; ~ ~ , ~ r' '' '4~~ : f~ ~ ~ ti III y ~~ II' ~ ~I Iii I i K.~ ~~~ ^ rr I I 'li r~! 4''I ~ i ~ ~,I ~t f ~~0 ~~ _. ~