690 Paradise Lane 06.06.2010 (Dawson)June 16, 2010
William B Dawson, IV
PO Box 330770
690 Paradise Lane
Atlantic Beach, Florida 32233
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233 -5455
TELEPHONE: (904) 247 -5800
FAX: (904) 247 -5877
SUNCOM: 852 -5800
www.coab.us
Re: Clearing of wetland areas and within required buffer from jurisdictional wetland line, Lot
35 Paradise Preserve subdivision (690 Paradise Lane)
Dear Mr. Dawson:
The City's Public Works Department has observed that the required buffer from jurisdictional
wetlands adjoining your lot has been disturbed and that clearing within the buffer has occurred. The
Jurisdictional Wetland Line is depicted on your survey, and no clearing or removal of vegetation
within 25 -feet of any portion of that line is permitted following initial development of the lot. The
requirement for this 25 -foot undisturbed buffer and maintenance of the buffer are set forth within the
adopted Paradise Preserve PUD and also within Section Sec. 24 -272 of the Land Development
Regulations which states: Native vegetation removed or destroyed within the Upland Buffer is a
violation of this Code, and the property owner shall be responsible for the restoration of the Upland
Buffer upon order of the Code Enforcement Board. (See enclosed.)
While City Code permits some limited clearing of understory vegetation, any removal of vegetation
or disturbance of the buffer must be first documented and authorized by the Administrator of the
Trees and Vegetation regulations. Please be sure that you contact Erika Hall at 247 -5826 prior to
any action that alters the required upland buffer in any manner
You may also call me at 247 -5826 to discuss.
Sincerely,
Enclosures
Sonya Doerr, AICP
Planning Director
cc: Rick Carper, P.E., Public Works Director
Michael Griffin, Building Official, CBO, CFM
Erika Hall, Tree Administrator, Principal Planner
Section 24- 272(e) Maintenance and permitted activities within Upland Buffers. To
protect water quality and Wetland functions, it is crucial to limit contamination,
disturbance and clearing within Upland Buffer areas. It is the intent of the City that
required Upland Buffers shall be maintained in a substantially natural and undisturbed
state. With the exception of facilities to provide public access for the recreational use of
Intracoastal related natural resources, any disturbance or clearing of required Upland
Buffers shall be in accordance with the following provisions. Native vegetation removed
or destroyed within the Upland Buffer is a violation of this Code, and the property owner
shall be responsible for the restoration of the Upland Buffer upon order of the Code
Enforcement Board.
(1) The following activities are expressly prohibited in any required Upland Buffer:
i. filling, dredging or soil compaction by heavy machinery;
ii. dumping of any kind including brush, Tree and yard waste, weeds, lawn clippings,
animal or fish waste, litter and refuse of any type.
iii. removal of healthy native Trees;
iv. clearing of any living native vegetation within the Intertidal zone, which typically
includes marsh grasses and submerged aquatic vegetation.
v. installation of sod, irrigation, non - native vegetation of any type or any type of
plant materials typically requiring the use of lawn pesticides and fertilizers or
chemicals of any kind.
(2) The following activities are permitted within a required Upland Buffer subject to
obtaining a buffer alteration permit from the City.
i. Removal of invasive vegetation following documented verification by the
designated Administrative Official.
ii. Clearing of Understory Vegetation as defined by Chapter 23 of the City's Municipal
Code of Ordinances, and any such clearing shall be approved by the City and if
required, the appropriate State or Federal agency prior to any form of clearing,
alteration or disturbance of the required Upland Buffer.
iii. Minimum clearing of upland and Wetland vegetation necessary to construct a
properly permitted dock or other improvement to provide lawfully entitled access
to navigable waters in accordance with a validly issued and unexpired Permit from
the City of Atlantic Beach, the Florida Department of Environmental Protection,
the St. Johns River Water Management District, and other entity having
jurisdiction.
iv. Activities for the owner or occupant's enjoyment including typical backyard
outdoor furniture, gazebos and screen structures not exceeding one hundred (100)
square feet in size without electrical or plumbing service, but not swimming pools,
spas or pool houses, and provided that all other conditions of this Section are met.
Lot and Building Requirements
maximum allowed density
6 units /net acre
maximum area occupied by buildings & structures in PUD
35%
maximum impervious surface for individual lots
50%
minimum lot size (55' x 102')
5,610 SF
minimum lot width
55 feet
maximum building height (measured from calculated average
grade of lot to highest point of roof structure or parapet,
& any attachments thereto, excluding chimneys)
35 feet
minimum front setback (front - loaded lots)
20 feet
minimum front setback (rear- loaded lots)
10 feet
minimum side setback (front - loaded rectangular shaped lots)
5
10 feet on one side; 5 feet on other
(total 15 feet between buildings)
minimum side setback (rear- loaded & irregular shaped lots)
5 feet
minimum rear setback (front - loaded lots)
15 feet
minimum rear setback (rear - loaded lots)
20 feet
V. Development Standards
Development standards and private covenants and restrictions shall be created to
ensure contextual design elements. This section describes the various types of
development standards, which shall apply to the Paradise Preserve PUD.
a. Buildings and Lots
The following section sets forth the lot and building requirements for the development.
For structures that have a detached garage or a garage connected to the main structure
by a breezeway or some other solid roof connection, the minimum rear yard and side
yard setback shall be 5 feet from the property line. To accommodate driveway aprons,
a minimum setback distance of 20 feet shall be provided in the yard where garage
entries are located. Where applicable, a minimum 25 -foot undisturbed buffer shall be
maintained from delineated jurisdictional wetlands in accordance with the St. Johns
River Water Management District (SJRWMD) rules and regulations.
A family suite on the second floor of a private garage may be constructed on lots not to
exceed a total of fourteen (14) lots, except that no such family suite shall be
constructed on Lots 1 through 6, Lots 9 through 13, or Lot 7, Lot 14 and Lot 47.
Family suites shall be subject to the following provisions.
• Maximum building height for the structure shall be 25 feet.
• Maximum total floor area of the structure shall be 75% of the heated and cooled
area of the principal dwelling.
• Use restrictions that apply to the principal dwelling shall also apply to the structure
containing the private garage and family suite.
EXHIBIT B
Ordinance 90 -03 -181
Page 4 of 10
April 28, 2003