Ordinance No. 90-07-202 ORDINANCE NUMBER: 90-07-202
AN ORDINANCE OF THE CITY OFATLANTIC 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 Ciry Commission of the Ciry 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 7:1 Spm.
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 PUD 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
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:
1. 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 N, Division 5, of Chapter 24.
5. 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 Land Development Regulations, as such maybe amended 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
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 bearing and adoption this 24th day of
September, 2007.
o.,,~ d`~..1.~~
Donald M. Wolfson
Mayor/Presiding Officer
A pro d as to form and correctness:
an .Jensen, Esquire
Attorney
Attest: Q~V1~~lt
Donna Bussey, CMC
City Clerk
Effective Date: ~ ~ /2' ~ ~d
Ordinance 90-07-202 Page 3 of 3
:P r
. 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 l; 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, 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 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.
x
EXHIBIT B
Ordinance 90-07-202
SELVA MARINA PLANNED UNIT DEVELOPMENT (PUD)
Table of Contents _ _ Pa e
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
Table of Contents, continued Pase
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_
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 axe 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
3acksonville and partially in Atlantic Beach.)
• Substantially all of the redeveloped golf course will be located in Jacksonville.
JAX\1148769_3 _3 _
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 I, 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 3acksonville in accordance with the fees
established for such services within Atlantic Beach.
JAX\1148769} _4_
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
JAX\I 148769_3 _5_
not more than 35 feet as defined above. The text of the proposed restriction is attached
hereto as Exhibit D, and is made paxt 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 axe 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
Single-Family Parcels
Maximum axea occupied by buildings & structures 35%
Maximum im ervious surface for individual lots 65%
Minimum lot size 4,620 s uare feet
Minimum lot width 42 feet
Maximum building height 35 feet
Minimum front yard setback* 10 feet
Minimum side yard setback** 5 feet
Minimum rear yard setback* 10 feet
JAX\1148769_3 _6_
Lot and Building Requirements for Selva Residential Development
Multi-farnil 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 axchitectural 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\I 148769 3
- -7-
(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 haxdwood 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 15-foot and average 25-foot undisturbed
buffer shall be maintained from delineated jurisdictional wetlands in accordance with
Atlantic Beach buffer requirements and the St. 3ohns 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_
(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 from Selva Marina Drive to Mayport 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\11487b9_3 _9_
(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 may be 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 Club shall 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.
!AX\1148769_3 _ 1
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.
P. MAINTENANCE OF COMMON AREAS. All 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-
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 construction as these relate to potential for adverse impacts to the adjoining lots
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-
(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.
JAX\11487b9} -13 -
(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.
2`/ O
Sig re of caner /Applicant Date
JAX\1148769_3 -14-
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Exhibit D to be executed and recorded prior to issuance of first Building Permit.
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 any other uses, then (i) the gross density of any residential development will not
exceed seven (7) units per acre and (ii) the height of any structures in any development,
residential or non-residential, 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. The height limits do not apply
to structures or architectural elements, such as spires, belfries, cupolas, chimneys, flagpoles, or
antennas, 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
Declazation. The prevailing parry in such proceedings shall be entitled to recover from the non-
prevailing party all costs and expenses incurred, including reasonable attorneys' fees. Failure to
enforce any provisions of this Declaration 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 Declazation may be amended by Declarant, its
successors or assigns, only with the approval of the City Commission for Atlantic Beach.
JAX~1148769_3
Signed, sealed and delivered in the presence of: SELVA MARINA COUNTRY CLUB,
INC., a Florida corporation
By:
Print Name: Print Name:
Title:
Print Name: (Corporate Seal)
STATE OF FLORIDA
COUNTY OF
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.
Print Name:
Notary Public, State of Florida at Large
[NOTARY SEAL]
JAX\1148769_3 -16-
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 OJR BK 652-484(EX PT IN ATLANTIC -BEACH CITY LIMITS)
JAX~1148769_3 _ 1']_
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