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11-01-87-:.. .. -. SEE OVERSIZE DRAWING(S) ~l~~ ~~ bfmstflta ad bra Ifo~g~zs ,. kE'_~4LU [ION Nir. a7-9 A kESO LUI II/N SFTI'INii POLICY FirR PERSONAL USE irF CITY VFHiCLES Whereas, the Comrn~s>ion of t.ne laity of Atlantic Beach recognizes the public Srust. planed in this body, and: Whereas. it specifically rzcopnizes that uncut herized pzr s~~nal u..=.e of City vz M cles anU equipment is a vlolat wn of that public trust, be it. resolved that the following policy is in eFFect from the date of its passaue, and; Whereas, there is to be no personal use of City equipment and vehicles. The 'only exception ns when the individual assigned to a vehicle is cm emergency cal"t. the def initien of "emergency call" will limit the operation oF' the vehicle within the confines of the Beaches area and Mayport, and; Whereas. the Beaches area is that area bounded on the North by the SE. ;rohns lover; on the East by the Atlantic Ocean; on the South by :io lerno Road; and on the West by the Intercoastal Waterway; NOW, THEREFORE. BE I'1 kESirLVEG 8V THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH. FLOkIGA that commuting to and From work with a City owned vehicle is prohibited except when the driver of that vehicle is on twenty four hour call, and then only iF the individual resides in Atlantic Beach. Violation of this policy by any employee of the City pf' Atlantic Beach shall necessitate Immediate dismissal. Adopted by the City Cornrni ssion of Atlantic Beach. Florida this e3rd day of November, 1587. lli 5. Howell. Mayor Approv d s to Forrn and Contents ~~ ~~L~_~ CClaud--e L. Elul lis. City Attorney ATTEST: /J~~ ~delaide k./Tucker. City Clerk n~. a, _ °Or'R'~- • Florida Munk~ipal Srl4 Imwrrs Pund IWnrkrri G"npensarlunl • Florida Municipal Liabiliry Selbinsurers Ynyram ITun Liabiliry) • Florida Municipal Healrh Trust Fund • Florida Municipal Pension Trust Furl • Firn Municipal Loan Program November 17, 1987 Mr. Richard Fellows City Manager City of Atlantic Beach P.O. Drawer 25 Atlantic Beach, Florida Dear Mr. Fellows: flDYm~IBKiEOFCt1~8 32233 FI«ida IRdgYe of Cldes.l«. 201 WestPark Avenue Pon Office Box 1757 Tallahassee. FT 32702-1757 Telephone 19041222-9689 Su«om 282-SOtO FI«kla isague d Cities. 1«. PUBLIC RISK SERVICES DIVISION 179 Wen COmst«k Avenue Post Office BOY 1948 Winter Park. FL 32790.1498 Tekpherre 13061740-0210 su«om 3986770 It was a pleasure meeting with you on November 11th. I was very pleased that you made the decision to pursue developing a formal Loss Control Program for the City. I feel very confident this decision will ultimately not only save the City money through lower insurance costs, but more important, these efforts could easily prevent your employees from becoming involved in unsafe acts and conditions, leading to serious injury. To implement the program, we would need at least a half a day and all department heads. I would like to suggest mid December or early January 1988 as a date we might have our "KICK-OFF" meeting. Please advise the best day for you and I will schedule accordingly. McGinn trol Manager SM:wm cr. Cindi Price >[~- NOTICE OF PUBLIC HEARING CITY OF ATLANTIC BEACH Notice is hereby given [hat [he Ci[y Commission of Atlantic Beach, F1oriJa will hold A PUI11.tC IIEARI NC on November 23, 1987 at 7:15 p.m. a[ City Nall, 71h Ocean Houleva rd, fot [he purpose of hearing and cons ideriup, the vices of the pu6l is concerning [he (olloving proposed OrJ inancc: ORUINA.NCE NO. 58-87-10, AN ORDINANCE AMENDING THE ORDINANCE CODE. OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 2, ARFICLE V[, DIV IS [09 3, TO PROVIDE VESTING IN THE CITY RETIREMENT SYSTEM IN FIVE YEARS INSTEAD OF TEN YEARS; PROVIDING AN EFFECTIVE DATE. Ail persons in [crested arc no[i(Sed [o be present a[ said time and place anJ [hey shall be heard. Copies of the Ordinance are on file in the Ci[y Clerk's office at City Ila ll. If a person decides to appeal any decision made by the C1[y Commission with respect [o any matter considered ac any meeting or hearing, he will need a record of [he proceedings, and for such purpose tie may need to ensure [ha[ a verbatim record of the proceedings is made, vh ich record includes [he testimony and evidence upon which appeal is [n be based. Publ Lshed: 8eacl~es Leader 11/ll/87 - Purchase Order 03512 Posted: City Hall Post Office Commission suhdivis ion plat, and upon such approval, record same in [he public records of Uuval Cnunty. SECTION 4. 1'h is Ordinance shall cake effect upon its adoption. ,t • • z x x x • ~ • • • ~ Passed by [he Cita Cocw ission on firs[ reading Passed by the Ci[y Co®ission on second d f3na1 read Ailliam S. Nowell, Hayor, Presiding Officer Approved as to form and correctness: Claude L. Mullis. City Attorney ATTEST: Adelaide R. Tucker, Ci[y Clerk I_ . _... . ORDINANCE. N0. 90-87-126 AN ORDINANCE OF THE CITY OF ATLANTIC BEACN ACCEPTING AND APPROVING LAND DEVELOPMENT PLAN AND PROPOSAL SUBMITTED BY MR. MICHAEL A. AKEL AND CERTAIN CON- DITIONS FOR DEVELOPMENT OF LAND IN THE CITY OF ATLANTTC REACH; PROVIDING AN EFFECTIVE DATE WHEREAS, Che City Commission has been presented a land development plan and proposal by Michael A. Akel setting forth conditions under which development of [he land hereinafter described will constitute an innovative development project; and WHEREAS, [he plan and proposal submitted reduces the density permitted under present zoning and subdivision regulations and will reduce [he impact on public fat ll it Ses necessary [o serve the project, and WHEREAS, [he plan and proposal will reduce [he "psychological barrier" [o public use of [he beach and reduce beach congestion; and WHEREAS, [he property described does not meet the requirements in size for a Planned On it Development, and WHEREAS, the City desires to accept the proposed plan submitted by Mr. Akel for development of Che property without amending any of its present land use reRulacion and does hereby find chat the plan will be compatible wi[li the surrounding properties. NON, tNEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACN, FLORIDA, AS FOLLOWS: SECTION 1. Notwithstanding the provision of Che Ordinance Code of the Citv of Atlantic Beach, the plan and proposal for developing proper- ty of Michael A. Akel described in and in accordance with the design quality standards for Seminole Reach and Oceanside, Seminole Aoad, North Atlant it Beach, prepared by Hilton T. Meadows, ASLA, Diversified En- vironmental Plann inR dated Sep[emher 21, 1987 be, and [he same is hereby accepted and approved. SECTION 2. Three copies of [he plan and proposal described in Section 1 are on file in the office of the City Clerk and are by refer- ence incorporated herein as if set forth verbatim in this Ordinance. The plan and proposal for development shall remain on file and may not be amended or deviated from without prior approval of the City Co®is- sion and notice to the property owners of the property described there- in. SECTION 7. the owners of the property agree that prior to applying to the Cicv for any building permit they will record in the public records of Duval County the covenants, conditions and restiittions approved by and submitted to the City for Michael A. Akel, S.G.M.O. Joint Venturi I, a copy of which is filed with the City Clerk of Atlantic Beach and shall prepare and submit for approval by [he CSty Peeeed by the City Coeeiseion on first reading___ Peered by the C1ty Coemleelon on second and final reeding___________ Willfaw S. Horell, Mayor, Presiding Offiesr Approved •• to Fore and Correctness: _______________________________ Claude L. Mullis, City Attorney (SEAL) ATTEST: _______________________ Adrlaide R. Tucket, CMC Lity Clerk ON DI NANCE NO. 90-07-125 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING THE ZONING ATLAS BY REZONING PROPERTY BOUNDED BY CORAL STREET ON THE SOUTH, EIGMTEENTN STREET ON THE NORTH, SEMINOLE ROAD ON THE PEST AND BEACH AVENUE ON THE EAST FROM RG2-RESIDENTIAL ' GENERAL MULTIFAMILY TO RG1-RESIDENTIAL GENERAL TYO-FAMILY TO PROVIDE A MORE SUITABLE LAND USE CONSISTENT YITN THE CITY OF ATLANTIC BEACN COMPREHENSIVE PLANT AND PROVIDING AN EFFECTIVE DATE. YHEREAS, The Cowwunity Developwent Board of the Clty of Atlantic Beach h•e considered • request to change • zoning elueiflc•tion sub•itted by North Duv1 Beaches Msoci•tion by petition of ^t lvet fifty percent of the property Crnere and held • public hearing on sewe on Noveeber 17, 1987, and YHEREAS, The City Cowwiesion does exercise Its porers to •wend the Lend Developwrnt Code, including the Official Zoning M•p, in order to encourage the appropriate uu of land, and YHEREAS, The rezoning f^ cCnaistent rith the Cowprehensive P1•n, and the rezoning rill not adversely effect the health and aafrty of the rasldent^ of the crew, and rill not be detrlwentsl to the natural environwent or to the use or developwent of the ad,]acent properties in the generwl neighborhood, NOM, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CTTY OF ATLANTIC BEACH, FLORIDA: Section 1. The Official Zoning M•p of the City of Atlantic Be•eh Ss hereby changed to reflect the net zoning of property bounded Dy Coral Street on the south, Eighteenth Street on the north, Sewinole Road on the teat and Beach Avenue on the east frow RG2-Raldentlal General Multi-f•wily to RG1-Residential General Tro-fully. Section 2. This ordinance ^hall beco•e effective S ued1•tely upon Sts adoption. ~~ PETITION We the undersigned Residents of Atlantic Beach and/or property ovners respectfully Petition the City Commission to rezone all property located betveen Coral Street on the South 18th Street on the North, Seminole Road on the West, and Beach Avenue on the East from RG 2 to RG 1. c OWNERS PROPERTY DESCRIPTION ~ ti,; - ~ ~'~ ~ 83Z Gc~;v c ~~~~~ ~_ ~ ,~, n I Sy6 ~ ~ _-~- T7 4n. /~c~ , ~•C~~n ~4(~~1VY`•~O' ~~ RC Itl~r- I _ 1^^'~ ~ 83<< ~.'~3d1 ~-~c~~J2 ~~ ~~~'l ~ ~~~ v ~~ , ~_..,,v.,:.,. _' PETITION We the undersigned Resitlents of Atlantic Beach and/or property ovners respectfully Petition the City Commission to~ rezone all property located between Coral Street on Lhe South,, 18th Street on the North, Seminole Road on the West, and -~ Beach Avenue on the East from RG 2 to RG 1. ' OWNERS ~~1-4xc a ~-~ -~~~~~~ PROPERTY DESCRIPTION ~I. r~~.. ao ~~~ 4n 1,~ ~~ti 3 /~L~ ST / //P Go.2/ ~~~"~•~ ~'~~ 76. j 7 th_s~ u• - 2~i~l~u _ 3 ~ l~~ S+ ~~~~~ U L2~ c ,GL ~ d~ 173-7 SCwniNOL4 RD. / 7Y ~ ~fi/ryLHW~~ ~<? ,,o~~ ~~~~~~~ n~ r~. _' PE'f'1'I'IUN We the undersigned Residents of Atlantic Beach and/or property owners respectfully Peti tionthe City Commission to rezone all property located between Coral Street on the South, 18th Street on the North, Seminole Road on the West, and Beach Avenue on the East from RG 2 to RG 1. OWNERS ~-n ~k1," G C, - r -- PROPERTY DESCRIPTION ~~~~J;YC~1 .CJ ~7G$ ~.~..-L-l~r1~ /7fo ~ x`15 5:..-,,.a~ ~ _ /k ~/ ~^ ~Zf ~l~ ~g . ~.. ~, ~~~~~N ~ nc~t~ i~2~~~~~~~„L~ I G~ (~ ~ ~~ ~~ 1 ~V~ F,J _- '\ ~l ,~Ea ~~ r _ J %IiM1E _ _ DRIVE 2 ~II~ 1 ~~I .; ~~ ;;; ~~I ~•I ~` ~ is a 4,, I . ... ' ~ ~ RS ~` ~o s _ _ ..w e r~.nnnr ..~ !~ 1 1~ 2 Y d .~ ,. .~ 1'~ :~ - ~: w ' ob o ~ S133HS £ ~0 £ 133HS O1 0 0 N - ~! 10~ M ~ 11 __ ai ~ a zzgs ~ •'3„SS,Ife01'N W , ^ 0 J ~ Q SYSf I rn ~ °a_~ ynauesse 0i _3,9i fetOTl ° ~° • -~-~ { Q m ___-- ,10'291 ~ "' 00'OS 22'09 ' ~~"+ c ~ n : 3, 0,9yaY0-M 0 d r M/ ~ -M,{S [r Q ' `~ 61'09 N 'O O •71•fO~Y,Jx ' ,p 00'09 ~ u r ~ : M•SS; Ze00N .~ ~ O W !M'00/ 6L'v[ Y ~ „ ,I ~ ' a `- 8 M ~ `~' V :_ - - --{ J ~1 ti ~ ~('f ~3~~I p v . j s -~fl . e - ~ ./~ e. .~.u a Cy[ ip a :x,olscarx 'g -~.•. ma RBI ~' ~ M ,00'001 ,S ,OOW ,0005 ,oo~ooi '~ 9 CG =3x00,6Z.68'N erz. x a°21r•w.. ~ R{I Vl Myy~A•E• n ..\n 199K . ~ N °0 6 N O d O w N 12°02'29•E.• d N ~6e9 b . L .. ~rc ~ o5v.'~.~ 1-3 ~r1c Losv>`'.E $) -3 6EACrl gdENU>`. ' _ S,o3°19~~~ 121.84' _- -- -- - 001.76' (00.07' toT I $ ~0T 17 PARCEL"B Lor 29 7, Soo.29s.F 7, 314.125.F. ^ _ - _ 10' L-WfA1ENi-1a ~--5' EASeMEItT 8 'iA I O I~ I W +~ ~ 11- s g LoT 16 IW ~ N o ~ O LOT 19 IN I O PARCEL"/a" o ~ Ic ~ + (;~091.755.~ *~ 217.20' i I r ~ ~i I IZ I f g7~ ~ ~ ~ .- 1 18.OQ ~ S N, s 10 K 10 J,EA. fASE-1ENT ~~99J- w R, >JOeTN ~- COV ~~ PfmPOSEO 1~ECOMBINATION of PIZEV~IY QLATfEfl lOTS AS OF I @ MAR.cH (967 LOT 17 = '7,314.12 SQ.hT.± . 1 LoT 18 = 7,8ao.29 SQ. Fr, i I PA~ecEt"A' = 6 , 091.75 sp. FT. "_ T07A1 AREA=21,206.16 SQ. F7.* NOTE: LETTE2'~W"~°S" INpICAT6 AYPKOX. IIZAT/oN5 CF WATER. qNp SEWED- CoNMECT~oNy,RESRcnYEL'T: WILLIAM MO{LfjAN ~ N6ME12. HVMPNRIES ! oWNE~S r AZ LAN"C1c 8FA W , FLO>21DA • to AF'R+L I ~&~ ! F~.1c~~-2>= 1-~ ENCwsuK= -"~ QEA~N pYENUE 3.0~ l9'00"~ 121.84 - - - PARCEL ° ~ o PARCEL "8" I.oT 29 - ~ ~~ 0 91.75 s,F, tr r 61.76" CoD.o7' _ I~• MME„T I <}-5'(idFMENT to ~ - ICA I '~ o '`` N N a _ ~d - -' - 1- I LOT 18 DoT I'7 ~ 0 loTl6 I p I I ~, 800. 9fF ~,~ Iq.125, F. ~ L DT 19 ~~ I Z o I 10'xl~' .1-EA. I~ I ~ I 60.20 r L EA'~LMENT L (~IA9 I R°'i 1 aAo floRTl-1 ~- f VRT El~<~S~UE GO SCALE I"=40.0.. g LO`~ S1 ZES AS of ~, JAN UAI¢.Y 19 67 ~,OT 17 = 7, 319 ~ 12 5Q• FT. r DoT I B = 7, 8oo.2g sq,FT. r -(07ALAREA =2I~266.I~o SQ•FT.'- W loll /~M IJIO IZ,GAIJ ~ }IO MEIQ_. ?TVA-iV}TRIES oWNE R`~ AT ~ ANTIC SEAC a , FIDRIDA 18 MAR~~-1 1987 30 October 1987 Ms. Rene Angers 716 Ocean Boulevard_ P.O.BOx 16 Atlantic Beach, FL 32233 Community Development Board Members Ladles 6 Gentlemen: We would like you to consider the following proposal: During the past year, we have attempted to recombine "Parcel A" with lots i17 and Y16 In the Beachslde Subdivision without success. (See enclosure 1-3) We have recently reached a compromise with the homeowners of the Beachside subdivision that would allow a "recombination" sub)ect to the approval of the Development Board and the City Commission of the City Commission of Atlantic Beach. Our mutual compromise would follow the approach of the Growth Management Act 1986. ~SE£ ~YV CL='S~=1Q '-~'}'~ We believe that this compromise is the best solution to our situation in l that it has the support of both we the owners and the Beachside homeowners as well as the local neighborhood because it preserves the single family atmosphere. We would very much appreciate your consideration of our recent compromise proposal. Very yours, i/j-G~y1 O~~ ~/ William M rgan Dylan T. Morgan es Owner Agent for: Homer H. Humphries i }C,~/I(~(T~QY~(OF "- ~ ~ il60CEAN BOULEVARD a~ _ _ _ P. O. BO%9b ATLANTIC BEACH. FLOemA 3rt&1 ~' ~ TELEPHONEI~IR~92395 Novewbvr 20, 1987 MEMORANDUM To: The Honorable Mayor and City Cowwiesfon Frow: The Coawunity Developwent Board Subject: Board Actions of Novewb¢r 17, 1987 rith Recowwendatione Your Cowyunity Developwent Board took the folloring wctlonw wt their regular seating on Novewber 17, 1987: ^ The Board gave concept approval to kllliew Morgan and Nower Nuwphriee to recowbine their lots through the grorth wwnwgewent process. The property consists of tro lots in the B¢achyide Subdivision and a 120' x 50' psreel to the east. The projrct is supported by the Beacheide Association •nd provides a reduction in density. ^ The Board recowwende approval of an application for rezoning an area in north Atlantic Beach frow RG2 to RG1. The area la bound¢d by Coral Street on the south, ESghteenth Street on the north, Sewlnole Resd an the teat and Beech Avenu¢ on the seat. The wpplicstlon tae subwitted by the North Duval Beaches Association Dy petition of wt least fifty percent of the property ornery. The petitioners felt that the zoning should reflect that had wetually been constructed, rhieh 1^ single-tawny/duplex, rlth one exception. The Board did express concern over creating non-conforwing uses that say be at a diwedvsniwge in the future. Rewpecttully Subaitted, `~ Rene' ngere, Secre y Cooun,ty Developwent Board COMMITTEE MINUTES A meeting of [he Sewer Rehabilitation Committee vas held in City Commis- sion Chambers [n Ci[y Nall a[ 2:0(1 PM on Wednesday, November 18, L987. Present was foram is sinner Glenn Edwards sitting 'n for Commissioner Rohe rt Conk. Also present was Richard C. Fellows, City Manager, and Robert Briad, Public Services Uirec [or, and Jim Jacques of Smith d Gillespie Engineers. The Ci[y Manager announced two Aids had been received, one from Fraley and Assoc ia[es, and the. other from Princess Construction. Fraley and Associates bid for [he sever rehabil i[a[ion work was $212,435.00, and the work for removing and replacing nine manholes in [he Selva Marina area was $37,400.00 for a total of $249,835.00. The bid of Princess Construction Company amounted Co $375,570.00 for the sewer rehabilita- tion work and $89,900 for the removal and replacement of nine manholes in the Selva Marina area. Discussion among [he members of [he coomi[[ee ensued and evaluation of [he bids indicated these bidders were [he previous bidders and both had increased tt~e it prices, exclusive of the nine manhole proj eci, over and above the first bids which were received earlier. The initial feeling of the comml[tee was chat the bids were too high and the engineers would do further study on the bids and report back with their recommendations. There being no further discussion, the meeting vas adjourned at 2:30 PM. P.S. Jim Jacques of Smith and Gillespie Engineers, telephoned on Friday afternoon and [heir recommendation is to reject all bids. We will have [heir letter confirming Chis rec omm_nda[ion by Monday. ~~; _. HNOR SEWER REHABILITATION EPA PROJECT N0. C120747060, STEP 3 S6A PROJECT NO. 8505-OS-O1 ATLANTIC BEACH, FLORIDA BID DATE: November 18, 1987 FEE: $61.95 NONREINBURSABLE rn aUlaTION OF BIDDERS Contractor Base Bid T^ti -WO dv Inc DID NOT BID ~~,~ Consttuct~ ?75,570 : „t,...., P.....rn Non DID NOS BID r,. Pt mbina DID NOT BID 455o iat s 212,435 Additive Alternate No. 1 Base Bid Plus Additive Alternate Bid No 1 Securi tv 89,900 +65,470 37,400 249,835 a P" tt r 1• resulting contract. This procurement will be subject to regula[ione contained in 40 CFR Parc 33, published Hay 12, 1982, and revised March 28, 1983. No bid may be withdrawn for a period of 90 days of ter the scheduled closing time for the receipt of bids. The Ovner reserves the right to rej etc any or all bide and to waive Snformalitles. Joan LeVake Purchasing AgenC fi f * * f R * fi R * * * * * f f * R * * * i * * * * * f i f * * f f f f * f FLORIDA TIMES-UNION: Please publish one time Sn October 15, 1987, Seaue of Florida Times-Union. Submitted by Joan LeVake - 246-2766. CITY OF t4lla+rl~c S"caelc - ~les(da DIVISION "A" ]16 UCEAN BO L'LE\"AND P O. PO%15 ATLANTIC 9EACH.fLOftIDA ]213a TELEPHONE 190n ^_191395 MA.IOR BENER RENABILITAiION EPA PROJECT NO. 0120747060, STEP 3 SAG PROJECT N0. 8505-06-01 ATLANTIC BEACH, FLORIDA OCTOBER 15, 1987 INVITATION TO BID Sealed proposals, submitted Sn duplicate, will be received by the C1[y Manager of [he Ci[y of Atlantic Beach, Florida, ac the Cicy Nall, until 2:00 PM, local time, November 18, 1987. No proposals or bids will be received after [he stated CSme. Bids 'will be opened and publicly read aloud during a special mee[Sng of the Sever Rehabilitation Committee ac 2:00 PM, November I8, 1987, for the construction of Major Sever Rehabilita- tion, EPA Ptoj ect No. 0120747060, Step 3, S4G Project No. 8505-OS-O1, for the Ci[y of Atlantic eeaeh, Florida. The work consists of furnishing all labor, materials and equipment necessary Co construct the following: Perform Major Sever Rehabilitation on portions cf the existing sanitary sever system in Atlantic Beach, Florida. The methods [o be used include replacement of 560 Feet of pipe, 81 point repairs, replacement of 9 manholes and associated miscellaneous repair, all within the existing sanitary sever system of which the pipe sizes vary from 8 Snch through 12 inch diameter. Plans, specifications and contract documents will be open to public inspection at the Office of the City Hanagec, City Hall, A[lan[Sc Beach, Florida, or may be obtained from Smith and Gillespie Engineers, Inc., P. G. Box 53138, Jacksonville, Floride 32201, upon payment of ;61.95, which amount constitutes the cos[ of reproduction and handling and includes 52.95 sales [ax. This payment will not be refunded. Only complete sets of plans and spec Sfications will be distributed. Bids must be accompanied by a cez[if ied check or bid bond in an amount not less than five (6) percent of the bid. This project Ss Co be financed Sn par[ by a gran[ from [he United Stales Environmental Protection Agency. Neither [he USEPA nor any of its departments, agencies or employees is or will be party [o chis invitation [a Bid or any PACE FUL'R MINUTES NOVEMBER 9,1987 NAME OF COMMAS. M 5 V Y V N 7. Action on Ordinances A. Ordinance No. 58-87-10 - Firs[ Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH FLORIDA; AMENDING CHAPTER 2, ARTICLE VI, DIVISION 3 TO PROVIDE VESTING IN THE CITY RETIREMENT SYSTEM IN FIVE YEARS INSTEAD OF TEN YEARS; PROVIDING AN EFFECTIVE DATE.. Mayor Howell presented in full, in vcit ing Ordinance No. 58-87-10 on first reading. lotion: Passage of Ordinance No. 58-87-IO on first reading. Cook z Edwards x The Maynr requested a roll call vote. Commissioners Cook, Edwards, Gulliford x x and Gulliford voted aye, and Mayor Novell and Commissioner Edwards Jensen x z voted nay. The motion carried with a three to two vote. Mayor Howell Novell x se[ [he Public Hearing for November 23, 1987. Miscellaneous Business Mayor Howell announced the City Hall will not be closed on Wednesday, Veteran's Day as published in the paper. Atlantic Beach employees voce several years ago to take the day after Thanksgiving oEf and remain open on Veteran's Day. Co~moissioner Gulliford requested the Mayor consider appointing a Committee For the purpose of studying the new future alternatives on garbage 'and waste disposal, such as transfer stations. The Mayor said he would appoint a Committee in the nett few days. ~ Mayor Novell mentioned he had heard nothing from the Cicy of Neptune Beach relative [o the Cicy of Atlantic Beach's offer co tie their new shopping center into our sewage treatment system. I[ was Mayor Novell' understanding Chat Mayor Brant vas looking into the possibility of obtaining a consent order from DER [ha[ would allow them to use credit ~ from eater hookups [hat are no longer used in Neptune Reach, such as Brandy's lounge chat has been corn down. There being no other business to wme hefore the Commission, riayor Novell declared the meeting adjourned at 7:45 p.m. Bill ism 5 Hovcll ioynr/Pees id ing 0(f iccr ATTEST: ~ Adelaide R. Tucker ~ Cicy Clerk PAGE TNRF.E MINUTES NOVEMBEN 9,1987 5. Commit tee Reports A. Commissioner Cook with committee repo[[ and recommendation [o awardine oC a contract for furnishinK and installing a 70' '. tl~e new ruo llc Commissioner Ccok reported [hc Committee me[ on Friday, November 6 a[ 2:00 p.m. in Ci[y Hall. Discussion ensued regarding [he low bid which was much lover Chan the one other bid received. It vas also pointed out the low bidder vas [he man who installed the current tower. Nr. Fellows contacted Mr. Estes of Rhone Manufacturing Co. in Peoria, I11. Mr. Es [es felt [he Rhone SS bid by Angle Tover Co. was a little heavy fur the type of work [he city needed. The Rhone 55 vas used for radio stations. The Committee investigated the possibility of ordering a Rhc 40 for a compromise, but ltr. Harris of Temco Tower Co. assured the Committee, during a phone conversation, [hat he guaranteed the Rhone 2500,and it would vi[hs [and any hurricane [he city might have. Follovi discussion, the Comni[[ee recommended the 61d be awarded to the low bi der, Tempco Tover Co in the amount of $1,200. ro [ion: Award the bid for a 70-foot communications [over ac the new Public Safely Building [o Temco Towet Company, the lowest and best bidder, in the amount of $1,200.00. No discussion before [he vote. Motion carried unanimously. * k * * * # * * * * * * * * k * * * * * * * * * * * * * k * * k Ac [ion on Resolutions: A. Resolution No.87-40 Mayor Novell presented Resolution No. 87-40, a Resolution providing For budget adjustments authorizing the transfer of $100,000 from prior year fund balance to land acquisition in Section H for sanitation transfer site previously approved by [he City Commission. Notion: Passage of Resolution No. 87-40. Copy of said Resolution attached hereto and made a par[ [hereof. No discussion before the vote. lotion carried unanimously. * k * * * * # k * k * * * * * * * * * * k * k k * * k * k * k B. Resolution No. 87-4I Mayor Novell presented Resolution Nu. 87-41, a Resolution transfers ink $9,100 from [he Code Enforcement Account to Legal Expenses [o balance out [he fiscal year 1986/87. lotion: Passage of Resolution No. 87-41. COPY of said Resolution attached hereto and made a part thereof. No discussion before the vote. to cion carried unanimously. k * * k * k k k k * k * k * * * * * * * * * * * * * * * NAME OF COMMAS. M S V Y V N e B Cook x x Edwards x Gullifozd x x Jensen x Novell x Cook x Edwards x x Culliford x x Jensen x Howell x Cook x Edwards x x Gullifozd x x Jensen x Howell x PACE TNO MINOTES NC1VElIBF.R 9, 198 NAME OF COMMRS. M S V Y V N 4. Appearances - continued Mr. Dowling and Mr. Akel decided to build only twelve single-family wi[8 instead of constructing multi-family units. The zoning classi- fication al loved [he construction of a minimum of nineteen mulct-famil units. The density would be reduced by 642 on the north piece, and 57 on [he south piece. However, [he city had no zoning classification for for what [hey wanted to do. A[ [he suKKes Lion of Hr. Mullis, they studied [he Growth Hanagemen[ Act of 1986 for relief. After consulting with represen[at fives of [he el uffs, their neighbors t the north, llr. Dowling offered [vo amendments [o Che covenants ,cond i[i ns, and restrictions, and [vo [o [he design standards (omit "and screened enclosures"; omit "and heights", and change "ditto oc eanfron[ lots" to "variable but no[ less Chan 12.5' between building pads.") Nateq sever and drainage will be dedicated [o [he city, but Che road inside each community will be owned by the Homeowners Association and maintained by them. Mayor Howell asked why he vas omitting part of the covenants, and Mr. Dowling replied [he reference did not relate [o Che r project, and they planned to plat the subdivision. Mayor Howell recognized Mr. Keith Miser, 2317 Seminole Road, represent ng [he Bluffs. Ne told the Commission [ha[ he and Mr. Dowling had discuss d [he project at length, and the Bluffs were pleased with [he changes. H noted the Commission had seen [he drawing one time previously. There v re [vo drawings. One vas submitted [o change the minimum setback line, ho h on the back and side of the premises at Oceanside (to the south), and t vas agreed to go back to the drawing submitted in late February, 1987. Instead of side setback of 15' as called far under zoning regulations, and a rear setback of 20' as called For, [he side setback would be re- duced from IS to 12'x'. The rear setback would remain at 20'. Mr. Mise also pointed out one other change Mr. Dovl ing wanted to make to the design standards vas under page l2 of [he Kuide lines, 7 sub-1,[o dale e any reference to zero lot line. There will be 7.5' from property line [o building pad. Nr. Miser added [he neighbors he had talked to felt there vas a good give and take from both sides. Polloving discussion, it vas suggested by [he CS[y Attorney an Ord roan e be drawn. Motion: The Ci[y A[[orney be authorized [o prepare [he necessary Cook x z Ordinance for introduction at the next meetinK, to alloy Edwards z Che development [o go, together with [he covenants and Gulliford x x l restrictions, and design quality standards. Jensen x Novell x During discussion before the vote, [he City Attorney pointed uu[ [hc Ordinance would be draw up specifically £or Seminole Reach and Ocean- side project. I[ could be precedent se [[inK. but the Commis ton vuu1J have to treat each one on their merits and bonef its to [he li,rmuni[y. The question vas called and [he motion carried unanimously. MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACN CITY COMHISS lON HELD AT CITY HALL ON NOVEMBER 9,1987 AT 7:15PM PRESENT: William S. Howell, Flayor/Presiding Officer Robert B. Cook, Sr. Glenn A. Edwards William I. Gullito rd, Jr. Alan C. Jensen, Commissioners AND: Richard C. Fellows, Ci[y Hanager Claude L. Flu llis, Ci[y Attorney Adelaide R. Tuckeq Ci[y Clerk e meet nK vas ca ed [o order by Hayor Howell. The invoca [ion,offere by Commissioner Cock was followed by the pledge to [he flag. 1. Approval of the minutes of the meet inK of the retiring Commission November 3 1987 and [he mee[inK of the new Cummiss ion November 3,19 Fbtion: Minutes of [he retiring Commission meeting of November 3, 1987 6e approved as written. No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Motion: Minutes of the new Commission meeting of November 3,1987 be approved as written. No discussion before the vote. Motion carried unanimously. * * * * * * * * * R * * * * * * * * * k * * * * * * * * * * * 2_Recogni[ion of Visitors - None 3. Presentation of Resolutions of commendation Mayor Howell presented a plaque of P.esolution No. 87-38 to Lieutenant Nick Vandet Wal comcend ing him for his heroic and courageous actions i saving Che life of an injured motorcyclist on October 4, 1987 on Maypc Road. L[. Vander Nal received a round of applause from Che Commission and audience. Mayor Howell presented a plaque of Resolution No. 87-39 to Mr. Eduard Howard Habich[ commending him for his efforts in the life-saving of ar injured mo [orcycllst during a traffic accident on Maypor[ Road on October 4, 1987. Hr. Habicht received a round of applause from the Commission and audience. 4. Appearances: A. Pete Dowling to discuss concept development of Oceanside and Seminc Reach proj ec [s Mr. Pete Dowling„ representinK Hr. Mike Akel, developer of [vo parcele of land named Seminole Reach, and Ocean Side, and located 1n Seminole Beach, furnished background information on the development concept. ME OF COMMAS. M O T 1 O N 8 E C O N D V O r E D Y E S V O r E D N O 7 Cook x x Fdvards x Gulliford x x Jensen x Howell x Cook x x Fdvards x Gulliford x x Jensen x Novell x e 1n the position of reading dual meters throughout the C1[y, vhlth will result in a tremendous increase in the cost of meter reading. Ne would like [o suggest for the Commission's consideration, [hat a cap be established on single-family homes so the maximum volume charge for sever mould top out a[ 50,000 gallons per quarter. The currertc Public Service Commission for private utilities provides a cap of about 30,000 gallons a quarter, but ve feel 50,000 gallons in Atlantic Beach would 6e more acceptable. Please give this some considerac ion and it will be an item and topic for further discussion. o We are enclosing your copy of the CSty's operating budget for FY 1987/88. ~_ t F. E:; -, o City Hall and other facilities of the City, with the exception of Public Safety and other shift operations such as eater and sewer, will be closed for Thanksgiving on Thursday and Friday. There will be no residential sanitation pick-up on Thursday or Friday, but [here will be Commercial pick-up on Friday. Please contact me if you have any questions regarding this matter. o Mayor Larry Durrance of the City of Lakeland, who is currently President of the Florida League of CSt ies, has asked me to serve on the Intergovernmental Relations Committee for [he League [his year. I will be attending their first meeting in Orlando on Friday and will report back [o you later. o Ne have received a contract for our planning funds for next year from the state in the amount of $17,944.00. Ic would be in order Eor the City Commission to authorize the Mayor and Clerk to execute [he agreement. o The City Commission will be happy Co learn [he Police Department has been successful Sn recrv it ing a "zeal" Atlantic Reach resident for [he recently approved records clerk position in [he Police Department. Suzan Evans is a homeowner wha lives on Belvedere Street in the Seaspray area. o M another personnel move, Randy Beaty, one of our police officers, is leaving December 2, 1987, [o follow his girlfriend to south Florida „ed will Fein a law enforcement agency in that area shortly. o Fred Hills who is the contractor building [he four-unit apartment complex on the ocean front adjacent to Eighteenth Street, has approached me relative to the possibility of working out some sort of a permit Erom the City for use of three or four feet of [he ten-foot beach access right-of-way at 18th Street. riills will probably be at the City Commis- sion meeting Monday night [o discuss his proposal, but basically, he is asking for a pewit which would alloy him [o extend his deck end Jacuzzi into the right-ofway three or four feet, and in exchange for this revocable permit, he would agree to rebuild the steps and landings ac the Eighteenth Street beach access and replace the concrete block wall with a decorative fence. The last proposal we had to replace the steps at Eighteenth Street vas something in the neighborhood of $3,000.00. Inasmuch as [here is a continual battle between Kredell, owner of the property being developed, and his neighbors a[ Eighteenth Street, the idea of letting him encroach into the beach access right-of-way may not be vise. In any even[, Mr. Mills will make hfs proposal and the City Commission will make its decision relative to the best interests of the City. o The current sever fees in the CSty of Atlantic Beach provide for a base Charge of $37.60 and a volume charge of .30C per 1,000 gallons of eater used. Many people who do a great deal of watering of [heir lawns feel they should not have to pay a sever volume charge for [hfs water since i[ does not actually go Into [he sever treatment plan[. They have a point. ie alleviate this charge, many residents are asking fur 3rrigatlon meters, and if the trend continues, the Ci[y will find itself i i i f i CITY OF ~tlastie b"eae! - ~loaida { t!. _._' ._ ._ __._. _.. __ November 18, 1987 To: The Honorable Hayoz and City Commissioners From: Richard C. Fellows, City Manager Subj ec [: STATUS REPORT ]160CEAN BOULEVARD P.O.80X 26 ATLANTIC BEACH. FLORmA 322a9 TELEPHONE 19a112~423% o the Commission will recall bids were received about thirty days ago far point repairs 1n Section "A" under our Sever Rehabilitation -rogram. Only two bids were received which were far in excess of [he funds hudgeted. The bids were rejected and Smith and Gillespie vas authorized [o readverc ise and combine that program with a project to repair nine manholes in the same area. Due [o time constraints in connection with our EPA grant, and the fact ve have only one meeting left in December until the end of [he year, the sewer rehabilitation committee accepted the re-bids, opened them in public ac 2:00 PM, Wednesday, November 18, 1987, and ve submLC herewith the minuCes of the committee's meeting, along with [heir recommendations and a copy of the tabulation of bids so the City Co®ission can take final action on chem. o The Community Development Board a[ its meeting on Tuesday heard a request from Homer Humphries and Bill Horgan on a proposal to re-combine some already platted lots along Beach Avenue and in the Beacheide subdivision. The board approved clle concept but did no[ speak to [he re-combination issue. In addic ion, the board considered a request for the rezoning of the area from Coral Street north to Eighteenth SCreec and from Seminole Road east to Beach Avenue from RG2 to RG1, and follow- ing a public hearing, concluded [he rezoning vas in the best interests of [he community and therefore, recommends approval of the rezoning. These will be agenda items for Honday night. o AC [he last meeting, the City Co®Sssion approved [he concept and development plan for Seminole Reach and Oceanside presented by Hike Akel and Pete Dowling. The Ordinance [o adopt this proposed land development prof ec[ is enclosed for your perusal and will be up for first [eadSng on Monday nigh[. o There vi 11 be a public hearing on Monday night relative to final reading of an Ordinance proposing [o amend the Ordinance Code to provide vesting in the Ciry retirement system at five years instead of ten. , AreNDA ATLANTIC BEACH CITY CONHISBION Novemher 23, 1987 Call to order Invocation and pledge [o [he flag 1. Approval of the minutes of Che meeting of November 9, 1987 2. Recognition of visitors ' r 3. Committee Reports: A. Commissioner Edwards ro discuss engineering recommendations in regards Co bids received fot sever line rehabilitation point ' repairs in Section "A", and [he removal and replacement of nine manholes in the Selva Harlna area 4. Action by tl~e City Commission [o authorize [he Nayor and Clerk to execute a contract with [he Department of Community Affairs for planning funds for [he next fiscal year in [he amount of $17,944.00. 5. Recommendations of Che Commun i[y Development Board: p. Appl ita[ior. by Nomer Humphries and Bill Horgan for concept approval to re-combine three already platted lots along Beach Avenue and in the BeaBiside subdivision (Coveounity Development Board recommends approval of concept) 1 6. Action on Ordinances: A. Ordinance No. 90-87-125 Introduction and first reading of an Ordinance proposing to ~ rezone the area between Coral Street and Eighteenth Street and ` between Seminole Road and Beach Avenue from RG2 to RC1, and f! setting a publ lc hearing for December 14, 1987 ~ B. Ordinance No. 90-87-126 Introduction and first reading of an Ordinance approving the concept and development plan for Seminole Reach and Oceanside and setting a public hearing for December 14, 1987 C. Ordinance No. 56-87-10 Public hearing and final reading of an Ordinance amending the Ordinance Code rega rd inR the City retirement system to reduce vesting time from ten years to five years. 7. Miscellaneous it i 6. :Nayor [m call on City Attorney, Ci[y Clerk, Ci[y Manager and City I Commissioners for reports and/or requests Ad)ournmenc tion to such other person or entity as Developer shell elect. No such assignment shalt require the consent of any Owner and in the event any such right is assigned, the Assignee shall assume all obligations of the Developer so esslgned and Developer shall there- upon ba relieved of any and ell obligations or liability with respect thereto. IN NITNESS NHEREOP, the undersigned, being the Declarant heroin, has executed this instrument under seal by and through Ste duly authorised joint venture partners this day of , 1987. S.G.N. i O. JOINT VENTURE I by MIDOR, ZNC., a Florida corporation, s joint venture Attaet: partner By Ito 6saratary ~ Its Prse dent (Corporate 6sa1) By ONTARIO, INC., a corporation, a joint venture Attaet: partner BY Its Secretary Its free ant (Corporate Beal) STATB OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before ms this dsy of 1967 by the pros d of Nidor, Inc., a Ploride corporal on, on babe f of the corporation. Notary Publ c My commission expires: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged beloze me this day of , 1987 by the Pres dI ant of Ontar o, Inc., a corporat on, on behalL of the corporation. Notary Publ a ~-~ My Commieaion expires: - 19 - number o! the Lots at or prior to the end of the Snitlal term or any successive periods of ten (lo) years, th1• Declnrntion shall bs amended, changed or terminated Sn whole or in pert. Provided, that the obligations imposed under Article hereof may not ba termi- nated until maintenance of the Private Aoad and/or any Access Easement has been assured by the governmental entity or agency having jurisdiction. 14.7 Disclaimer. Neither Developer nor the Association shall be liable to any owner or other person or lirm for any lose, damage, claim, expense, personal injury, death or property damage arising from any cause whatsoever including but not limited to the sole negligence of Developer and the Association or •ither one of them or the employees, agents or repreeentativea of •lther or both of them, or the provisions of, failure to provide,. or negligence in providing security, maintenance, repairs or other services by Developer and the Associstion or either of them or the employees, agents or representa- tives of either or both oL then. 14.4 Znvalidity,_pP Part. Tha invalidation o! any one of the terms or provisions of this Declaration by Judgment or court order shall In no wise affect any other provisions, which provisions shall ruain Sn full force and effect. 14.5 Headings. The paragraph headings herein hsve bean inserted for convanlence only and shall not be considered or referred to in resolving questions of interpretation or construction. 14.6 Evidence of Annroval. Whenever approval by the Developer is required Sn this Declaration, the ease shell be evidenced~by a certificate or other writing signed by Developer. Approval by the Association shall ba sufficient if evidenced by n certificate or other writing signed by an officer of the association certifying that approval of a majority of the Association members has been obtained. ~ 14.7 Assignment by Developer. Developer shall have the sole ~ i and exclusive right to any time and from time to time to transfer end ~ sasign any or all rights, powers, privileges, authorities and j reservations it may have under any part or paragraph of thin Declare- - 1B - Declaration. All coats end ezpensea, including, but not limited to, attornay'• lees, incurred by Developer to effectuate colleotion of any charges, or incurred by Developer to cure, correct, prevent or enjoin any violation of the terms of this Declaration shall be borne by the Owner violating or attempting to violate this Declaration. All remedies of Developer shall be cumulative to any and all other remedies provided herein or et law or Sn equity. The failure by Developer to bring any action to enforce any provision of thin Declaration shall in no event be deeasd a waiver of fife right to do ao thereafter as to the came breach or ns to the ne occurring prior to or subsequent thereto, nor shall such failure give rise to any clnim or cause of action by any Owner or nny other party against Developer. aoTIC v xV . vrarg*,~•wgDD~ 14.1 Richts of Nortcaaees. Notwithstanding anything in this Declaration to the contrary, the lion oL Developer Lor charges incurred in enforcing .this Declaration shall ba subordinate and interior to the lien of any mortgngea on any Lot recorde8 prior to the recording of a claim of lien by Developer. In addition, any mortgagee holding a mortgage lien on a Lot who acquires title thereto ea a result of foreclosure or by deed in lieu of foreclosure or any party who purchases the soma at a foreclosure sale shell not be liable for the charges pertaining to such Lot which are chargeable to the former Owner and which become due prior to ouch acquisition of title. 14.2 Tgl'!• The terms and provisions of this Declaration shall run with the title to the property and any part thereof and unless othsrwice altered or terminated by Developer in accordance with the terms and provisions herein contained, shall bind all persons in interest, all owners and their heirs, legal represantatlves, succe~- sors and assigns until December 1, 2007, at which time this Daclara- tlon shall automatically ba extended for eucceasivo periods of tan (lo) years, unless, by agreement between the owners of a majority in - 17 - apply to such other property as more particularly to be set forth in ouch amendment. Nothing 1n this Declaration shall be conetrvad as requiring the Developer to amend this Declaration to include such other real property owned by Developer. Such en amendment may be accomplished by filing a statement among the publio records of Duval County, Florida, incorporating such terms, covenants and restrictions of tRis peclnration es ere applicable to the property inoludad within such amendment or by adopting all or part of thin Declaration by reference in a deed conveying such other property. Notwithstanding any in Lhie parngraph 13.2 to the contrary, no amendments to this Declaration shall affect the rights or lien o! any mortgagee without such mortgagee's express consent thereto. 13.3 Enforcement. Developer reserves the right, but shall have no obligation, to enter upon any Lot to remove rubbish, •igne, strvc- turas, plants or other things or to take such other action at the expense of the Owner as Developer deems necessary Sn order to enforce this Declaration; such entry, nbatament end removal shall not ba dwed a trespass or make Developer liable in any respect for any Ouages on account thereof. The Owner of the Lot shall pny Developer on demand the actual cost of such enforcement plus ten percent (l0i) of the cost Sn performing such service. In the event that each charges under this paragraph ehnll not be paid on demand, such charges shall bear interest at the maximum legal rsta of interest from the date of demand. Developer may,at its option, bring an action at law against the Owner personally obligated to pay the same, oz upon giving the Owner ten (30) days notice of an intention to file a claim of lien against s Lot, may file and forsclwa such lien. Each owner hereby grants such lien to Developer. provided, however, any such lien shall ba subordinate and inferior to the lien of any mortgage on such Lot or Lots. In addition, Developer or any Owner shell be entitled to bring nations at law for damages or in equity for injunctions against those ao violating or attempting to violate this Declaration for the purpose of curing, correcting, preventing or enjoining any violation or attempted violation of the terms of this - 16 - mortgagees of each Lot contiguous to, or otherwise provided accsea by, the portion of the Accas^ Easement being relocated or closed, consent to ouch relocation or closure end provided that no Lot 1e denied reasonable access to a public dedicated street or Righwny by such relocation or closure. 11.2 Amendment. Developer reserves unto itself, its suwss- i sore, assigns, nominees end designees and shall have the right to the following: (e) To amend this Declaration, without prior approval of any Owner, eo long as ouch smendaent shall conform to the general purposes end standards sat forth herein. (b) To amend this Declaration, without prior approval of any owner for the purpose of curing any smbiguity in or any inconsis- tency between the provisions set forth ~hersln or to amend this I Declaration in any respect that does not materially affect the rights ', of any Owners of Lots previously conveyed. (c) To include in any contract for eels, deed or other L[utrumant hereafter made, any additional covenants other than those 1 set forth herein which do not lower the standards of Chia Declara- tion, without the prior approval of any Owner. (d) To release, without prior approval of any Ovnar, any Lot or other portion of the Property from any part of the covenants set forth in this Declaration vblch have bean violated it Developer, in its sole discretion, determines such violation or violations to ba '~ minor or insubstantial and to make exceptions, without prior approval of any Owner, to the covenants and restrictions sat forth herein. (e) To approve say amendment to this Declaration, which i approval shall be required in writing regardless of by whom proposed, i and regnrdleas of the number of owners conaentinq thereto. ~I (t) Developer shall have the right, without the prior approval of any owner, to file an amendment to this Declaration for ~ r the purpose of submitting other property to the tezu and provisions of this Declaration, with such additions or modifications ae Devel- ~ 1 oper shall provide; and upon such amendment, tbls Declaration shall - 15 - 12.5 Develooer Property. Notwithstnnding snything herein to the contrary, no lien shnll attach sgainet any Lot or other portion of the Property so long ee same is owned by Developer and the Devel- oper shall not be required to pay nny such assessments, it being understood that the Developer will bear much of the expanse of the ' Association until the Association is self supporting from aeeaeements levied agninat owners of Lota purchased from Developer. 12.6 yigll. Each regular end special aeeassment end interest thereon ss provided herein shall constitutes n debt from the owner or Owners of the Lot against or with respect to which the same shell be assessed, and shall be secured by a lien upon Bald Lot end all improvements thereon, and ench owner hereby grants to the Association such lien 1n accordance with the foregoing. Said lien shall attach as oL the date of filing for record a notice of lien with the Clark i of the Circuit Court of Duval County, Plorida. Tha enforcement of saki lien shall be by foreclosure or by any other proceeding !n equity or at law and the Association shall be entitled to recover in ' such proceedings a1lcosts, including reeeonable attorneys' fees, incurred in and about such proceedings and all such costa shall be . secured by ouch lien. Each such lien shall ba subordinate and inferior to the lien of any !Stet mortgage encumbering the Lot Sf said mortgage vas recorded in the public records of Duval Covnty, Plorida, prior to the above dsmcribed attacMent data of ouch lion. Upon request, the Association shall furnish any Owner or xortgagss e certificate showing the unpaid asseeemente, if any, sgainet any Lot. ARTICLE XZII i RIGHTS OF DEVELOPER: REMEDIESt AlD:NDxENTB 13.1 Dedication or Alteration of Easement. Developer shall have the sole and absolute right at any time, with the consent , of the governing body of any municipality or other governmental body or~agency then having jurisdiction over the Property to dedicate to the public all or any part of the easements reserved herein. Developer shall have the right to redesignate, extend, relocate or i close any part of the Access Easement provided that Owners and ; - It - replacing directional markers, signs and tretfia control devices and oosts oL controlling snd regulating trafLia on the scoes• 8asewnts. (f) To pay for ell expense incurred in providing mosquito and other pest control ter the Property (it any). (g) To pay for all expenses incurred in naintalning the fence located on or near the westernmost boundary of the Property. (h) To pay for all expenses Sncurred Sn naintainlnq preserving and replacing the trees end shrubbery located within the Acces• Easement area. (i) To pay for all expenses of operating the Aesocietlon, including without linitatlon maneganant Lees, legal and accounting fees, payrolls and general office operating expanses, snd doing any and all other things necessary or desirable in the judgment-of the Association to keep the Property neat and attractive or to preserve or enhance the velue of the Property, or to eliminate Sire, health or safety hazards, or which in the judgment of the Aeeooletion may be of ganarsl benefit to the residents of the Property. (j) To rapax funds, together with interest thereon, borrowed by the Association and used for purposes referred to 6arein. (k) To accumulate reasonable reservse !or the foregoing purposes. It shall not be necessary for the Board to allooate or spportlon the funds wllected pursuant hereto or expenditures therefrom emonq the various purposes specified herein and the judgnsnt of the ', Association and the expenditures of said funds shall ba final. The Eoard in its discretion nay hold said funds inveatsd or unimestad, and nay reserve such portions of the funds ee the Board dateraines advisable for expenditure in years following the year for which the regular maintenance essassment wee assessed. 12.1 $oecial Assessments. The Board may impose spacial aaaessmente on owners to meet expenses of an extraordinary or emer- gency nature, provided that no wch special assessment exceeds One Bundred Dollars ($100.00) par Lot during any twelve (12) month period. - 13 - common community services of every end nature rsqulrsd or deairsd within the Property for the general uea and benefit of ell owners, each end every owner, in accepting s deed or contract for any Lot Sn the Property, agrees to and shall be a member of and be subject to the obligations and duly enacted By-lave and Artiolae o! the OCEAN - SIDE OWNERS ASSOCIATION, a nonprofit Corporation. . 12.2 gggular Assa6ementa. F.ach Lot and ench Owner is hereby subjeatad to regulnr mnintsnencs assesemsnts payable on a yearly basis as hereinafter provided. Commencing on January 1, 19_, and continuing on the first day of each year thereafter, sash Owner shall -. pay to the Association, at such place es shall ba designated by the Association, in advance, the regular maintenance assessment assessed against each Lot as fixed by the Association which assessment shall be uniform in dollar amount for each Lot.. 6ucd regular maintenance assessment shall become delinquent it not paid within ten (lo) days after said assessment is due and shell bear interest et tba rate of nine percent (9i) per annum frog said date until paid. The regular maintenance nssese~ept, may be adjusted by the association aerequired by the Association in its judgment to meet the expenses and other charges for which same nre assessed. . 12.3 Purposes. Tha regular maintenance assessment referred to in paragraph 12.1 above shall be for the purpose of enabling the Association: (a) To pay all expanses required for the reaeoneble repair and maintenance of the Access Easement. (b) To pay for the expense of lighting the Accau Easa- ~. ment, including replaceaent of bulbs, poles (if any), wiring and any and all other expenses in connection therewith. (c) To pay for all expenses incurred 1n connection with I providing fire protection for residents of the Property (if nny). (d) To pay for the axpenwa of maintanancs, improvement and operation of drainage easements and facilities. (e) To pay for the expenses of maintaining, repairing and - 12 - f ~~-. any time end frog tine to time during the period, of any extensions and renewal thereof, providing Declarant ha^ sold over two-thirds (2/7) of the Lots to new Owners end none of these sold new Owners have any vested interest in eny business venture with Dsclnrant. Any suoh amendment shall require the approval of at least two-thirds (2/~) of the Ownare of record. Further, no each amendment shell be effective unless there ie filed for record in the public records in the office of the Clerk of the Circuit Court of Duval County, Florida, on or before the effective date thereof, an instrument executed by the Owners which shell state the terse o! such amendment and which shall contain a certification by Owners that such amendment was duly approved by Owners. Hvery purchaser of grentea of eny interest in any real property subject to this Daclaratlon,_by ecceptanca of a deed or other convaygna~ therefore, thereby agrees that thi^ D_eclaretion may be amended es provided in this section. 11.4 Severability. Whenever possible, sncl: provision of this Declaration shall ba interpreted in such canner as to be effective and valid, but if any provision of this Declaration or the ayplica- tion hereof to eny person or to any property shall be prohibited-or held invalid, such prohibition or invalidity shall not altect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable. 11.5 The masculine gender shall ba constructed to include a female or any legal entity where the context so requires. 11.6 Caotions. The captions of each section hereof as to the contents of each section are inserted only for convsnisnce end are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particulnr sections to which they refer. ARTICLE XZI acgv_Sc_wE.+mc 12.1 Homeowners' Association. For the purpose of maintaining roads, traffic control, general planting within roadway area, and all - 11 - ...~, pariad of tan (10) years each without liaitation unless, within six (6) aonths prior to Daceaber 1, 2007,or within •Sz (6) aonthe prior to the expiration of any successive tan (10) year period thereafter, - a written agrseaent executed by the then record Ovnars of sots than one-half in area of said subdivision then subject to this Daclars- tion, exclusive oP streets, parka, and open spaces, ba plaoad on i record in the public records of Duval County, State o! Plorida, by tares of which sgreeaent say of said conditions as therein fodified shall continue !n force for successive periods of tan (l0) years aneh unlae• end until further chsnged, aodiflad or extinguished Sn the canner herein provided. ARTICLE XI CILNCELLi1TION AND ANNULl~NT OF CONDITIONS At any ties after the Deceaber 1,~, 2007, the Owners of record of Lote or building sitae in the Property than aubjiat to this '.., - 10 - 9.17 Easements. All Lots in maid subdivision shall be conveyed mubjact to any easement in, upon, or across the mama for the purpose of constructing or maintaining utilities, that le, severe, telephone and power lines, gas and water lines and malne, and the undersigned expressly reserves for the benefit of hlaealL end Se eucaemmore end ' escigns, the right to construct, operate end mnintain water, gnm, ' mower, •lectzic snd telephone lines across msid Lotm ae maid linem are now located and as say be shown on any plat, or es hereafter may become necessary, in which lnttar case aaid lines shall be con- atructed only on the rear and side lima of such Lota, s perpetual easement five (5) feet in width nlonq ouch linos timing rssmrvmd for such purpose. ' 9.19 c es. Any drainags ditches, either natural or men- i made, cannot be closed by Property Owaer.unlmse propmz vise pipet is installed. 9.19 &treet and Entrance Liahtina. Each Lot Owner shall be charged with the rasponeibllity of paying a pro rata share of the coat of elactrical~currant to the Private Road and entrance lights into and within the Property and repairs and maintenance to the light poles, lines and fixtures (whether the lights era located on public right of way, Lote in the Property, the Private Road or property retained by tha Declarant, or otherwise) provided, however, that this _ i responalbSlity shall attend to lights that afford llghtinq for the ' Private Road entrance snd other access ways in the Property. The Lot Owner will pay hie/her pro rata share promptly, when due. Thm pro ~~! rata share of the Lot Owner shell be a fraction of the total coat multiplied by the total bill. The numerator of the Traction shell ba the total number of. Lots in the subdivision owned by the Lot Owner and the denominator shall be seven (7). That each and all of said conditions shall continue In full Lorca and effect until December 1, 2007, and shall ba continued eutomatlcally and without further notice frog time to t1'a for a i 9 - ~- eight lines. The provisions oL this Article may ba varied with the written consent of the Architectursl Committee. 9.12 Noxious or Offensive Activities. Residents shall refrain from any act or use of their Property which could reeeontibly cease embarrassment, discomfort or annoyance to Owners end residents of other Property made subject to this Declaration. Noxious or often- give activities shall not be carried on upon any Lot. 9.11 ~~^a{^~* "' or Unkeot Conditions. The pursuit of hobbien or . other activities, including epeciilcnlly, without limiting the generality of the foregoing, the assembly and disassembly o! motor vehicles and other mechanical devices, which might Land to aauee ' disozderly, unsightly or unkept conditions, shall not be pursued or nndertsken on nny portion of the Property. Also ell shrubs,. trees, plsnts and lawns will be maintained in.s neat and orderly manner and - in keeping with the teat of the Property in the subdivision. 9.14 Animals and Petm. No stable, poultry house or yard, rabbit hutch or other similar structure shall be constructed or allowed-to remain on any Lot; no enimal.or bird, except o! a kind which is customarily kept as a domestic pet, shall bs kept 1n nny residence or on any Lot; no animal or pet shall bs kept, bred, or maintained for any cownarcial purpose; and no animal or pet shall be ~ kept so as to endanger the health or unreasonably disturb the Owners of any Lot subject to this Declaration or any resident thereof. No i structure Por the case, housing, or confinement of any animal or bird shall bs maintained ea ae to be visible from neighboring property. t 9.15 T+ =*rictiona on Subdividing. NO rs-subdivision shall be made of any Lot. Only one duelling is permitted on any one Lot. 9.16 Governmeptal Reaulatlons.~ All governmental building codes, health regulations, zoning reatrictione and the like appli- ',~ i cable to the Property shall ba observed. In the event of any conflict between any provision of any such governmental code, ~' regulation or restriction and any provision of this Declaration, the more restrictive provision shall apply. - a - 9.9 Sicne. Only such signs ns ere heralneftar specified mey ba srsciad or mnlntalned on eny Lot. Tha Lollowinq •igna will ba permitted on any Lots professionally lettered builder, realtor or sign oL the owner advertising the Property or Lot for sale or rents provided, however, that each signs shall not be sore than Z4 inches x 3o Snchee in size; that no sore than two (2) such signs shall ba placed on eny one Lot at the snaa times that any and all each ^igna shall ba mounted and/or affixed in a single location aepnzata from the house structure or eny other structure such ae garage, fence, retaining wall or shed; and that no sign shall ba attached to any tree or shrubbery. All such signs shall be approved by the Architac- tursl Committee prior to being placed on any Lot. 9.10 off-street Parkino. Adequate off-street parkingshall be provided by the Owner of any Lot for the parking of automobiles or other vehicles owned by each Owner, and no Ovnsr-shall park his autcaobilaa or other vehicles on the adjacent roads and streets as a matter oL course. 9.11 Horizontal Sicht Lines. Ho house, garage, carport, playhouse, outbuilding, fence, wall or any other ebova ground struc- ture or shrubs, flowers, or other vegetation, which obstruct horizon- tal slghtlines at elevations between two (2) and six (6) fast above the street, shall be erected, placed, planted or permitted to remain on any portion of any corner Lot within any trienguler arcs formed by the street property lines and a line connactlnq them et points twenty-five (25) feet from the intersection of the street linos. In the teas of any rounded Lot corner, the twenty-flue (25) feet shall be measured from the point formed by the intersection of the street, if extended to form_an nngle inetead~of a curve. Then seam sight lino limitations shall apply to that area of every Lot within a tan (l0) foot radius emanating from the intersection of nny boundary linen of any Lot with the edge of a driveway pa4ament. Traee mey be planted and maintained within any of such areas Sf the foliage lino is maintained at a sufficient height to prevent obstruction of such - ~ - motor hose, truck, camper, trailer or boat may be kept, placed or stored in a coaplataly enclosed garage, provided however, that the provisions !n thle paragraph shell not apply to emergency vehicle repairs. 9.I riail Boxes. Na11 boxes of a type consistent with the character of the neighborhood shall be selected and placed by owners end shall be maintained by the Owners to compliment the residence and the neighborhood. Mail boxes and locatSons shall, however, ba in i compliance with U.s. Postal Service requirements. i 9.5 Clothes Drvinc Facllltles and Air Conditioners. Outside clothes lines or other outside facilities for drying or airing clothes shall not be erected, placed or maintained on any portion of the Property unless they are erected, placed and maintained exclu- oivaly within a fenced service yard or otherwiw concealed and shell ' not be visible from neighboring proporty. Window mounted sir ' conditioners shall not be per,itted on any Lot. ' 9.6 Nuisances. No rubbish or dobria o! any kind shell ba placed-or permitted~to accumulate upon any portion o! tho proporty, so as to render the Property or any portion thereof unsanitary, ' i unsightly, offensive or detrimental to any othor Property in the j i vicinity thereof or to its occupants. Without limiting the general- ity of any of the foregoing provisions, no exterior speakers, horns, ` whistles, bells or other sound devlcos, oxaept security devices used exclusively for security purposes, eball be located, used or plaeod ~ on any such Property. ~ 9.7 Trash Containers and Collection. No garbage or trash shall be placed or kept on any portion oP the Property except in severed containers. In no event ohall such containers be mnintained so as to ba visible from neighboring Property, except to sake the same avail- able for collection, and than, only the shortest time rsnsonably necessary to affect such collection. 9.8 Tanks• No exposed above ground tanks will be permitted for the storage of fuel, water or any other substance. - 6 - in any building or other structure erected in accordance with the said plane or specifications, nor shell Declarant or the Architac- total Committee by renson of having approved the plane for any building in terms of this Article, ba responsible for eny violation of building codes, county ordinsnces, rastriotlons, covenants, condi- tions and easements which say affect such building. ARTICLE VZII In the event the Architectural Committee tails to approve or disapprove any plans and specifications within thirty (30) days after submission to it, approval will not be required and this Article will be deemed to have been fully complied with ee to ouch plans end specifications. The completion of any atrvctura without court proceedings in Duval County against the Owner shall bs conclusive evidence that this Article hoe been complied with. j ARTICLE IX f i ^Sg AFSTRICfIONS 9.1 occuoancv. Before eny Lot may be occupied as a residence, the improvements constructed or to ba constructed thereon mwt be completely finished on the axtariort all the grounds which ere visible from any street must be planted with grass or have other suitable ground covert and the driveway moat be paved entirely to the ~ edge of the private Road. 9.2 Building Materials. No lumber, brick, atone, cinder block, or other iabricatsd masonry block unite, concrete, or any other '. building materials, scaffolding devices or any other thing used for building purposes, shall ba stored on any portion of the property except for purposes of construction, and shell not be stored for longer than that length of time reasonably necessary for the con- struction in which same is to be used. 9.1 Trailers Boats and Motor Vehicles. No mobile home, motor home, trvck, camper, trailer of any kind, tent or similar structure, or boat, shall be kept, placed, stored, maintained, constructed, reconstructed or repaired, nor shall any motor vehicle be con- structed, reconstructed, or repaired upon any portion of any Lot. A - 5 - .. 1 ~ r in connection with the aforesaid building line restrictions se herein set out, it ie provided that where, by reason oL the contour oL eny particular Lot, the building costa will be aatarfally attected '. by compliance with the building line zequiremente, or where, by reason of such contour, the beauty of the development ee a whole will be adversely affected, such building line restrictions may be varied from when the owner of each Lot obtains the written consent for such variation from the Architectural Committee end of the owners of the Lots adjacent to such Lot on each side. Notwithstanding anything to the contrary, no building shall be so situated ae to constitute a violation of the applicable rules and regulations of the City of Atlantic Beach, Florida and the "Design Quality 6tandards" for Ocean Reach prepared by Hilton T. Meadows, A.B.L.A., se approved end adopted by the City of Atlantic Basch,. Flprlda for Ocean Ranch. ARTICLE VII. No Lot, nor any part thereof, shall be used Lor the purpose of exploring for, taking therefrom, or producing therefrom, qae, oil or other hydrocarbon ~subatences. _ ARTICLE VIII ARCHITECTURAL CONTROL LAND APPROVAL OF PLANS No building, fence, wall or other structure shall ba erected, constructed, altered or maintained upon any portion of eny building site unlas^ plans and speciiicatione therelor shall have bwn subsitted to an Architectural Committee. Tho present Architectural Committee shall consist of three (3) persona appointed by Declarant who may be joint venturers or employees of a joint venturer of Developer. In the event Declarant should desire to surrender control of the Architectural Committee, Declarant shall designate a comlttse consisting of three (3) owners oL Lote to aervs as the Architectural Committee; and, should any of said members cease to be an Owner than the remaining members shall sleet another Lot Owner to replace the member who is no longer the owner of a Lot. The Architectural Committee and Declarant shell not be rasponsi- ble for strvctural defects in said plans end/or spacitications, nor - ~ - ARTICLE IV ' ncR OF PROPERTY AND BUZ LDZNG SITES 4.1 Use of Property. All Lots located within the Property shall be for single-family residential purpose only. {.2 Building Sites. A building site shall be s Lot only ms I shown on the survey of said community which is not a plated subdivi- s1on. ARTZCLE V CHARACTER OF BUILDINGS 5.1 No residence building shell be erected or plecad on any residential Lots which have a square Loot wren, exclusive of porches, patios and garages of less than 1;600 square feet in area end shall be~maximum of thirty five feet in height 5.2 No building, sny part of which le designed for dwelling purpoeea, shall ba in any manner occupied while In the course of original construction. Nor shall any building H in any manner occupied until such building complies with all of the conditions set forth herein and with any and all further restrictions estnbllshsd and applicable thereto. The work of construction of any building or structure shall ba prosecuted with reasonable diligence continuously from the ties of commencement until same shall be fully completed. No building constructed elsewhere ehnll be moved to, plecad or maintained on any building site. No tent, shack, mobile home, house-trailer, barn, garage or other similar out-buildings shall be used at any time as a ~ residence, either temporarily or permanently, nor shall sny residence E oP a temporary character be permitted on sny building site. All rubbish shall be kept in a secure container so as not to ba spattered or blown by wind into another Lot. ~ SETBACKS AND IACATZON OF BUILDINGS All buildings shall ba located on residential building Lote within the building lines for each building Lot shown on any plat applicable to said Lot. - 3 - ~.__ ARTICLE I DEFINITIONS 1.1 "Declarant" shall mean end refer to s.G.M. i o. JOINT . VENT[IRE I, its euccessora end ensigns. 1.2 "Prooertv^ shall mean and refer to the reel property hereby made subject to this Declaration es described in Exhibit ^A^ nttached. 1 1.7 "Owner" shall mean and rater to the record owner, whether one or more persons or entities, of a fee einpla title to any lot which ie part of the Property, ezelvdinq, however, those having such interest merely as security for the performance of en obligation. l.t "Lot" shall mean end refer to nny separate parcel of land into which the Property will be subdivided. The Property shall be subdivided into Bevan (7) Lote of which n portion shall be used for residential purposes. Apart of each Lot rill be in the eccese easement or Private Road to be constructed from 6eminole Beach Road into the Property. The separate Lote and the Private Road will bs depicted on a survey to be recorded ae an amendment to this Declara- tion. - _ _ -- -.- ARTICLE IZ PROPERTY SUBJECT TO THIS DECLARATION The real property which !6, by the recording of this Declara- tion, subjected to the covenente, restrictions, sasesents, aseese- mente and liens hereinafter set forth end which, by virtue of this recording of this Declaration, shall be held, transferred, sold, comrayed, used, occupied and mortgaged or otherwise encumbered, subject to this Declaration is described in Exhibit "A" attached. ARTICLE ZII Declarant contemplates the Bela of ell Lots in said svbdivielen Lor the building sites ns hereinafter defined, subject to the condi- tions es set forth herein. - 2 - +~., OCEANSID6 rnvFUeNTS CONDITIONS AND RESTRICTIONS THIS DECLARATION made on the date hereinafter set Lorth by MICHAEL A. AI(EL, S.G.M. i O. JOINT VENTURE I (hereinafter referred to ea the "Declarant"). w* T N o S S E T H• WHEREAS, a residential community known a^ OCEAN SIDE located in Seminole Beach ie being developed on real property owned by Declarant Sn Duval County, Florida, which real property le described in Exhibit "A" ntteched to this Declaration end is referred to as the •Property" afterward in this Declaration) WHEREAS, Declarant desires to subject the Property to the protective covenants, conditions, restrictions, aeeesamants,. :and liana hereinafter eat forth, which are.tor the purpose oL protecting the value and desirability of said Property and ;or the benefit of the present and subsequent owners of said Property. NOW, THEP.EFORE, Declarant declares that the Property ie sub- jected t9 this Declaration and Se end shall be held, trsneferred, sold, conveyed, used, occupied and aortgaged or otherviae encumbered subject to the protective covenants, conditions, rastrlctione, eaee- mante, assessments and liens (eometimea referred to herein collec- tlvely as "covenants and restrictions") hereinafter sat forth. Evsry owner and/or grantee of any interest in the Property hereby made subject to this Declaration, by acceptance o! n warranty deed or other conveyance of ouch interest, whether or not It shell be so axpresaed in any such warranty dead or other conveyance, whether or not such warranty deed or other conveyance shall ba signed by such person and whether or not such person~ehall otherwise consent in writing, shall take subject to this Declaration end to the farms end conditions hereof and shall be deemed to have accented to sold farms and conditions. This Declaration shell apply to snd bind the grantor and grantee, their heirs, executors, adminietratore, and assigns, and era hereby imposed pursuant to the general plan !or the improvement of said subdivision hereinafter set forth, to-wit: ._<. f... .ivy. ..tp~... '~=~~J .. Q.. 1IgI HX3 a n ar> - . r '.! Note: AI Lumber To Be Stained With Cabot Or Hez ti Owner Chosen Cobr 4'z4'x/0' Treated ~---°--= ~-°~ Ptne Post -- -- 8d MrnYYzed _ reel NW (Typ 1 7'-T'~ ~ ... Treated Pine =-! - ~ -- -- -- - --~ - !-- Treated Pine-iCir_-~i 13~r- :I--L--~--~- ~I-k- ~~F! CL!'__ ~2•_G, i Tfsated PkIB-._._i r ~ I i-'~ '__~ ~- c- _ ~ -- I ~ - I --i - ~ - - - -- ' -i - 8 'xtl'xli' Treated Ptrie - 1' ''Yj.:~2, is Hole Wilh - ~ Buldera Sand ~ -" F: ~': i. 3' -ti' CfYD~ Shadowbox Fence Detail N.T.S. EXHIBIT "C" .~.... ~ I ~~ ~ e" X 12 ~ X 7=3" s4`~ Ti"iEATED PINE 3 ~ - \~,{~ STAND~.RD w~ NERING bWIY FLAT ~Sl.AG1( Q ~ ... _ _.. I SraIN. u L F k 0 m =r_.~: n 2 0 r z Z" X BOX W ~DfN X L3oK LENGTIi TRFJ~Tt:D PINE -x- SI 17 E FRONT VIEW VIEW STANDARDIZED MAILBOX - - - _. SCALE: 1' ^ 1'-0' EXHIBIT"B" GATE/S SHALL BE E9UIPPED WITH AUTOMATIC CLOSERS HAVING INTERIOR ACCESS ONLY. ALL PREVAILING LOCAL CODES SHALL APPLY AND SHALL BE RESPECTED. 4. ILLUSTRATIONS: ILLUSTRATED FENCE DESIGNS ARE TYPI- CAL FOR ACCEPTANCE. DESIGN VARIATIONS MAY BE SUB- MITTED FOR REVIEW AND ACCEPTANCE BY THE ARCHITECTURAL REVIEW COMMITTEE. H, Q~]2QQR SAT IT DISHES. ANTENNA SYSTEM OR OTH R Ci u OBJECTS sucH AS THOSE REFERENCED IN THE HEADING SHALL BE DISALLOWED DUE TO THE COMPACTNESS AND QUALITY FEATURES OF THE SUBDIVISIONS. I, LANDSCAPING: A PROFESSIONALLY DEVELOPED LANDSCAPE PLAN SHALL BE DESIGNED AND IMPLEMENTED FOR EACH BUILDING AND !N THE YARD AREAS OF EACH BUILDING. J. IRRIGATION SYCTFM' THE BUILDER SHALL PROVIDE AN ADEQUATE METHOD FOR WATERING THE INSTALLED LANDSCAPE. SHALLOW TYPE IRRIGATION WELLS SHALL BE ALLOWABLE ONLY WITHIN THE CON- FINES OF PROPERLY DEVELOPED AND SCREENED SERVICE YARDS. K. fp BO C PATIO D KS AND OTH R FIfM Ir'TS• PLANS AND DETAILS SHALL BE SUBMITTED FOR REVIEW AND APPROVAL BY THE ARCHITECTURAL REVIEW COMMITTEE. PLANS SHALL INCLUDE THE SITE LOCATION OF SUCH STRUCTURES OR ELEMENTS. L. MISCELLANEOLS: ELEMENTS, STRUCTURES. AND FEATURES NOT SPECIFICALLY ENUMERATED AND DISCUSSED HEREIN, SHALL BE SUBMITTED FOR REVIEW AND CONSIDERATION BY THE ARCHITECTU- RAL REVIEW COMMITTEE. ' -20-. V I_ A N D S G A P E A N D AG G E 5 S O R Y n F= V E L O P M E N T S TA N DA R D S A. INTENT; TO ASSURE THAT COMMON EXTERIOR ELEMENTS WHICH THREAD THROUGH THE COMMUNITY EXHIBIT A COMMON AND 9UAL[- TY VOCABULARY, THE FOLLOWING STANDARDS ARE ADOPTED FOR IMPLEMENTATION. B, MAILB4XE~. CURB SIDE MAIL DELIVERY IS PROVIDED BY THE jJ, $, POSTAL SERVICE. THE "STANDARDIZED MAILBOX" ILLUS- TRATED IS ADOPTED FOR USE BY EACH RESIDENCE AND SHALL BE MOUNTED AT FORTY 140") INCHES OF HEIGHT BY THE CURB AND PAIRED TWO IZ') FEET APART AT EVERY OTHER PROPERTY LINE, MAILBOXES SHALL BE PAINTED FLAT BLACK AND THE WOOD FRAME IN WHICH BOXES SHALL BE STAINED WEATHERED NATURAL GRAY WITH CABOT OR REZ STAIN. C. YARD LIGHTS: YARD LIGHTS TO BE POLE OR POST MOUNTED SHALL BE SUBMITTED FOR REVIEW AND APPROVAL BY THE ARCHITECTURAL REVIEW COMMITTEE, D. ACCENT OR DECORATIVE LANDSCAPE LIGHTING: A PLAN sHOwINc THE LOCATION AND ILLUSTRATIVE BROCHURES DF PROPOSED ACCENT OR DECORATIVE LANDSCAPE LIGHTING SHALL BE SUBMITTED TO THE ARCHITECTURAL REVIEW COMMITTEE FOR REVIEW AND APPROVAL, E, AREA OR STREET LIGHTING: ARCHITECTURAL AREA LIGHTING FOR MINIMUM LEVELS OF ILLUMINATION SHALL BE INSTALLED BY THE DEVELOPER AND MAINTAINED BY THE HOMEOWNERS, AREA LIGHTS SHALL BE 175 WATT COLOR CORRECTED MERCURY VAPOR OR METAL HALIDE LUMINAIRES, E, GRAPHICS AND SIGNAGE: MINIMUM REQUIRED STREET SIGNAGE, STOP SIGNS, AND OTHER GRAPHICS SHALL BE INSTALLED BY THE DEVELOPER, MAINTENANCE OF GRAPHICS AND SIGNAGE SHALL BE ACCOMPLISHED BY THE HOMEOWNERS. 1, MATERIELS: WODD, BRICK, STONE, AND/OR A COMBINATION OF THESE MATERIELS MAY BE USED FOR FENCES AND PRIVACY WALLS, SUCH FENCES AND WALLS AS MAY 8E PROPOSED SHALL BE DESIGNED AND SUBMITTED TO THE ARCHITECTURAL REVIEW COMMITTEE FOR REVIEW AND APPROVAL, 2. HEIGHT; IN THOSE LOCATIONS WHERE FENCES AND PRIVACY WALLS ARE ALLOWABLE, SUCH STRUCTURES SHALL NOT EXCEED SIX 16') FEET IN OVERALL HEIGHT ABOVE FINISHED GRADE AT THE LOCATION WHERE INSTALLED, 3, S FENCES AND PRIVACY WALLS OR OTHER SUCH ELEMENTS SHALL NOT INTERFERE WITH SAFETY ACCESS BY FIREMEN, EMERGENCY MEDICAL AND RESCUE PERSONNEL NOR SHALL SUCH STRUCTURES INTERFERE WITH 'SIGHT LINES, WHERE SUCH FENCES OR WALLS ENCLOSE SWIMMING POOLS OR SPAS, THE -19- V. LANDSCAPE AND ACCESSORY DEVELOPMENT STANDARDS ~. _, Y S F" Yt4' ~+~ ~. N W 1 6. SIMILAR OR IK Ril DINGS: BUILDINGS THAT ARE CLOSE- LY SIMILAR OR ALIKE SHALL NOT BE SITED SIDE BY SIDE. D. BUILDING FEATURES: WHEN, IN THE SOLE JUDGMENT OF THE ARCHITECTURAL REVIEW COMMITTEE, THE CHARACTERISTICS AND FEATURES OF ANY BUILDING ARE UNACCEPTABLE, THE BUILDER AND/OR OWPER SHALL MAKE MODIFICATIONS AS FOR ACCEPTANCE AS PROPOSED BY THE ARCHITECTURAL REVIEW COMMITTEE. PATIOS, DECKS, SCREENED PORCHES, GAZEBOES, BAR-B-DUE PITS, CHIMNEYS, AND OTHER SUCH FEATURES AND/OR ELEMENTS SHALL 8E SUBJECT TO REVIEW AND ACCEPTANCE BY THE ARCHI- TECTURAL REVIEW COMMITTEE. E. STRUCTURAL ADEQUACY: THE BUILDER/DESIGNER SHALL BE RE- SPONSIBLE FOR THE STRUCTURAL ADEQUACY OF ANY AND ALL BUILDINGS AND STRUCTURES AND FOR ASSURING CODE COMPLI- ANCE AT ALL JURISDICTIONAL LEVELS. E. REMODELING, RENO- VATIONS, ALTERATIONS, AND OR ADDITIONS CONTEMPLATED BY ANY OWNER OR BUILDER SHALL BE REVIEWED 8Y THE ARCHITECT- URAL REVIEW COMMITTEE. -18-' 9. AIR CONDITIONING UNITS: EXTERIOR COMPONENTS OF AIR CONDITIONING AND HEATING SYSTEMS SHALL BE LOCATED AND STRUCTURALLY SCREENED IN THE MOST UNOBTRUSIVE MANNER POSSIBLE, IN ADDITION TO STRUCTURAL SCREEN- ING, GENEROUS AMOUNTS OF LANDSCAPE PLANTING SHALL BE USED TO SOFTEN AND FURTHER SCREEN THESE OBJECTS, WATER TO AIR SYSTEMS SHALL BE DISALLOWED, 10. SERVICE YARDS: OUTDOOR SERVICE YARDS FOR GARBAGE CANS. AIR CONDITIONING UNITS, IRRIGATION SYSTEM COM- PONENTS, AND OTHER OUTDOOR MOUNTED UTILITY OBJECTS SHALL BE LOCATED 1N A STRUCTURALLY SCREENED SERVICE YARD NOT SITUATED ON THE FRONT OF THE HOUSE NOR ON THE STREET SIDE IN THE CASE OF A CORNER LOT. EXTRA LANDSCAPE PLANTING SHALL BE USED TO SOFTEN AND TO AESTHETICALLY INCORPORATE THESE OBJECTS. 11. CONSTRUCTION MATERIELS: AS REFERENCED PREVIOUSLY, BRICK, WOOD, AND STONE ARE RECOMMENDED AS PRIMARY BUILDING MATERIELS. WITH ARCHITECTURAL REVIFI~1 COMMITTEE APPROVAL, OTHER MATERIELS MAY BE USED. C. SITING BUILDING: 1. SETBACKS: COMPLY WITH SETBACK REOU[REMENTS OUTLINED UNDER SECTION III (D) "BUILDING LIMITATIONS AND SET- BACKS". 2. PARALLEL STREET FRONTAGE: THE FRONT OF THE BUILDING SHALL BE PARALLEL TO STREET ON WHICH FRONTAGE OCCURS. SKEWING AND/OR ANGULAR PLACEMENT SHALL BE DISALLOWED UNLESS THE GEOMETRIC FORM OF THE BUILDING NECESSI- TATES ANGULAR PLACEMENT SUBJECT TO APPROVAL BY THE ARCHITECTURAL REVIEW COMMITTEE. PLACEMENT SHALL 8E COMPATIBLE WITH THE "GRAIN" AND "WEAVE" OF THE SUB- DIVISION COMMUNITY. 3. SOLAR EFFICIENCY: BUILDING DESIGN AND PLACEMENT SHALL RESPECT SOLAR AND ENVIRONMENTAL INFLUENCES TO THE EXTENT POSSIBLE. U. GARAGE DOOR OPENINGS: DOORS TO GARAGES MAY VARY FROM DIRECT OR STRAIGHT ON OPENING TOWARD STREET TO SIDE OPENING. AUTOMATIC DOOR CLOSERS/OPENERS SHALL BE USED ON EACH BUILDING AND ON EACH DOOR IF MULTIPLE DOORS ARE USED. S. DRIVEWAYS: BUILDINGS SHALL BE SITED TO ALLOW CON- STRUCTION OF DRIVEWAYS THAT CAUSE THE LEAST AMOUNT OF INTERFERENCE WITH TRAFFIC MDVEMENTS, SIGHT LINES, AND PEDESTRIAN MOVEMENTS. EFFORTS SHALL BE MADE TO LIMIT DOMINANCE OF DRIVEWAY IN THE FRONT YARD AREA. DRIVEWAYS FOR SEPARATE BUILDINGS SHALL BE SEPARATED BY AT LEAST SIX (G') FEET IN THEIR PARALLEL APPROACH TO GARAGES. ' -17- IV. ARCHITECTURAL DESIGPJ STANDARDS A. fiEdEBAL: CDM BUILDERS ARE THE EXCLUSIVE BUILDERS WITHIN SEMINOLE REACH AND OCEANSIDE SUBDIVISIONS. ALL DWELLING UNITS CONSTRUCTED IN EITHER SUBDIVISION SHALL BE DESIGNED BY AN ARCHITECT OR RESIDENTIAL DESIGN PROFESSIONAL APPROVED BY THE ARCHITECTURAL REVIEW COMMITTEE, ARCHITECTURAL EX- TREMES SHALL BE AVOIDED, ARCHITECTURAL STYLES REMINIS- CENT OF PRIMARY OR FIRST HOME STRUCTURES FOUND IN COASTAL COMMUNITIES STRETCHING FROM CHARLESTON, SOUTH CAROLINA TO THE LOWER EAST COAST OF FLORIDA, IN ADDITION TO THESE STANDARDS, THE DECLARATION OF COVE- NANTS AND RESTRICTIONS AS SEPARATELY PREPARED AND FILED AND THE PREVAILING BUILDING CODES SHALL BE APPLICABLE. B• ARCHITECTURAL CRITERIA FOR PLANNING PURPOSES, 1. BSI Dl I INC TY~: SINGLE FAMILY DETACHED STRUCTURES 2. HEIGHT RESTRICTION: 35 FEET FROM FINISHED GROUND LINE 3. MINIMUM SODARF FEET: SIXTEEN HUNDRED (1600) OF LIV- ABLE HEATED AND COOLED SPACE. 4• MINIMUM TWO (2) CAR GARAGES REQUIRED, FOUR ) CAR SPACES MAXIMUM, OUTDOOR STORAGE AND/OR PARKING OF BOATS, VAN, CAMPERS, AND OTHER SUCH VEHICLES iS PROHIBITED, 4. ROOFS: FLAT ROOFS ARE DISALLOWED, DIMENSIONAL FIBER- GLASS ARCHITECTURAL SHINGLES WEIGHING AT LEAST TWO HUNDREDAND FIFTY POUNDS (250) PER SQUARE SHALL BE USED. WHEN ANY OTHER ROOFING MATERIEL IS PROPOSED, IT ' SHALL BE SUBMITTED FOR REVIEW AND APPROVAL BY THE ARC, ' COLORS OF ROOFING SHINGLES SHALL BE EARTH TONES AND REVIEWED BY THE ARC, 5• EXTERIOR PAINT FINISHES: WARM EARTH TONE COLORS SHALL BE USED FOR ALL PAINTED EXTERIOR FINISHES, 6. GARAGE DOORS: PANELIZED WOOD GARAGE DOORS SHALL BE USED AND PAINTED OR STAINED TO MATCH OTHER EXTERIOR PAINTED OR STAINED TRIM WORK, 7. EXTERIOR HARDWARE: HIGH QUALITY DOOR HARDWARE AS APPROVED BY THE ARCHITECTURAL REVIEW COMMITTEE SHALL BE USED. 8. BOXED EAVES: SOFFITS SHALL BE BOXED AND CLOSED AND PROPERLY VENTILATED. SOFFITS AND FASCIA ALONG WITH OTHER TRIM SHALL BE STAINED OR PAINTED, -16- IV. ARCHITECTURAL DESIGN STANDARDS -:.: ~~.:.... CORRECTION THIS DOCUMENT HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY .~~. ~r--~- ii ~ ii \L__J/ ~~~i NP W^~T~ IV. ARCHITECTURAL DESIGN STANDARDS ' i :_, a,~, s F. ~' . ,: _. 4 EQUIPMENT USED FOR GRADING AND FILLING OPERATIONS SHALL BE SIZED TO PERFORM THE WORK WITHOUT CREATING TRACK DAMAGES. 3. SLOPE; I. FINISHED STABILIZED GRADE: SOIL GRADES THAT ARE STABILIZED WITH SOD, SEEDING, MULCH, AND/OR WITH MATTING SHALL BE SLOPED AT A TWO (2X) PERCENT MINIMUM. ALl SLOPES AWAY FROM BUILDINGS SHALL BE AT A TWO (2X) PERCENT MINIMUM. I1. CONCRETE OR IMPERVIOUS GRADE LEVEL SURFACES: SLOPES ON IMPERVIOUS SURFACES HAVING A RUNOFF COEFFICIENT OF 80 TO 100 MAY BE AS SHALLOW AS .75X BUT ARE RECOMMENDED AT ONE llx) MINIMUM BUT NOT MORE THAN TWO (2X) PERCENT. III. GRASSED SWALES: FINISHED GRADE OF TURF SHALL BE ONE AND ONE-HALF (139.) PERCENT MINIMUM. 4. BERMS AND EARTH SCULPTURE: I. DESIGN AND CONSTRUCTED FOR NATURALISTIC APPEARANCE AND GENTLE UNDULATION. TOE LINE SHALL TRANSITION SMOOTHLY AND CONTINUOUSLY WITH NATURAL GRADES. I1. BERMING AND SCULPTURING SHALL NOT INTERRUPT DRAIN- AGE PATHS WHETHER NATURAL OR MAN-MADE. III. SIDE SLOPES OF BERMS/MOUNDS SHALL NOT BE STEEPER THAN 3 TO 1 OR 1 FOOT OF VERTICAL RISE FOR 3 FEET OF HORIZONTAL SPREAD. IV. SWALE SIDE SLOPES SHALL NOT BE STEEPER THAN 6 TO 1 .~ OR 1 F00T OF VERTICAL RISE IN GRADE FOR 6 FEET OF HORIZONTAL SPREAD FROM BOTTOM OF SWALE TO TOP OF BACKSLOPE. 5. RETAINING STRUCTURES OR WAILS' T. WHERE SPACE LIMITATIONS RESTRICT THE ACCOMPLISH- MENT'OF GENTLE, PROTECTIVE. AND REPOSING GRADES, RETAINING WALLS SHALL BE USED TO PROTECT EXISTING SPECIMEN VEGETATION OR TO PROTECT AGAINST EROSION OR TO PROTECT AGAINST WATER DAMAGE OR FLOODING. II. CONSTRUCT RETAINING WALLS WITH CROSS-TIES, TREATED WOOD TIMBERS, BRICK, STONE, POURED CONCRETE. OR PROPERLY CONSTRUCTED CONCRETE BLOCK. RETAINING WALLS SHALL BE FINISHED WITH AN ARCHITECTURAL CAP AND APPROPRIATELY GUARD RAILED FOR PUBLIC SAFETY. -15-• w,.. ~~~_: r E. r `Y. t CHAIN LINK, PREFAB STOCK- ADE TYPE, AND SPLIT RAIL FENCE TYPES ARE UNACCEPT- ABLE. DESIGN MUST BE SUBMITTED FOR ARC REVIEW BEFORE CONSTRUCTION. ADDED LANDSCAPING MAY BE REQUIR- ED IN CONJUNCTION WITH FENCE ~r,.~ 11. R OUTDOOR ~TRUGTURAL ELEMENTo: PLANS FOR LOCATIN _ AND CONSTRUCTING PLAYGROUND EQUIPMENT, STRUCTURAL UNITS SUCHPSTRUCTURESASHALLSBEBSUBMITTED TOSTHEIARCH[TECTURALR REVIEW COMMITTEE FOR REVIEW AND APPROVAL BEFORE CONSTRUC- TION BEGINS. E crorcr DRIVEWAYS WALKWAYS: 1. RIGHT OF WAV: TWENTY ONE (21') FEET OF WIDTH HAS BEEN ALLOCATED FOR CONSTRUCTION OF TWENTY l20') FEET WIDE PAVED PRIVATE STREET WITH MIAMI TYPE CURB. 2, QRIVEWAYS: EACH LOT SHALL HAVE A DRIVEWAY BETWEEN THE STREET AND THE GARAGE. UNLESS APPROVED BY WAIVER, THE WIDTH OF THE DRIVEWAY SHALL BE SIXTEEN (16') FEET MINI- MUM AND NOT MORE THAN TWENTY (20') FEET. DRIVEWAYS SHALL BE CONSTRUCTED WITH POURED CONCRETE AND/OR WITH ARC APPROVED PAVERS. ARCHITECTURAL SCORING AND APPROVED COLOR TINTING IN POURED CONCRETE ARE ENCOURAGED FEATURES, 3, WALKWAYS: SIDEWALKS ARE NOT CONTEMPLATED WITHIN THE SUB- DIVISIONS, PLANS FOR WALKWAYS THAT ARE ACCESSIBLE TO PUBLIC USE SHALL BE SUBMITTED TO THE ARC FOR REVIEW AND APPROVAL. F, r,RanlN AND DRA[NAGE:_ 1. INTENT; GRADING SHALL BE MINIMIZED AND DONE ONLY AS A NECESSITY, EXISTING TOPOGRAPHY AND VEGETATION SHALL BE PRESERVED TO THE EXTENT POSSIBLE. SPECIMEN TREES SHALL BE PRESERVED WITH TREE WELLS WHERE GRADING IS A THREAT TO TREE SURVIVAL. WHERE LANDSCAPE BERMS AND EARTH SCULPTURING TECHNIQUES ARE EMPLOYED, THE RESULTANT WORK SHALL BE SMOOTH AND GENTLY TAPERED AS OPPOSED TO BEING ABRUPT AND CONTRIVED. Z, GRADING AND FILLING: WHERE GRADING AND FILLING OPERA- T10NS ARE NECESSARY, DUE CAUTION SHALL BE TAKEN TO PRESERVE POSITIVE DRAINAGE FLOW AWAY FROM RESIDENTAL STRUCTURES. FILL SHALL NOT BE APPLIED AGAINST BUILD- ING WALLS SO GRADE IS HIGHER THAN FINISHED FLOOR NOR SHALL FILL BE APPLIED IN A MANNER THAT MILL DIRECT OR OTNERNSTRUCTURALXELEMENTSLNOTGFOR DRAINAGEAPURPOSESN -14 t. A III SEMINOLEOROADT ENTRANCE DRIVE CONNECTION WITH WEST LOT LINE BEING THE SAME AS THE EAST RIGHT OF WAY LINE OF SEMINOLE ROAD: 15 FEET TO BUILDING PADS 8. ~. FRONT YARD: SAME AS MA[N STREET SIDES STRUCTURE ON II. SIDE YARD: 3 FEET FROM PROPERTY LINE III. REAR YARD: D1TT0 IV. CORNER LOTS SAME AS MAIN STREET SIDES STRUCTURE ON 9 . 1. FRONT YARD: SAME AS MAIN STRUCTURE ON II. SIDE YARD: III. REAR YARD: IV. CORNER LOTS: V. MECHANICAL EBUIPMENT OR SERVICE YARD: 10. FENCE SETBACKS: I. FRONT YARD: I1. SIDE YARD: II[. REAR YARD: IY. CORNER LOTS: V. FENCE MATERIELS AND HEIGHTS: STREET SIDES OUTSIDE FACE SHALL BE SET SIX INCHES (6') INCHES IN- SIDE SIDE PROPERTY LINES DITTO~REAR PROPERTY LINE SAME AS MAIN STRUCTURE ON STREET SIDES MUST BE SCREENED KITH ONE OR A COMBINATION OF ACCEPT- ABLE CONSTRUCTION MATERIELS FENCES AND SIMILAR STRUC- TURES SHALL NOT BE CON- STRUCTED IN FRONT YARDS OUTSIDE FACE SHALL BE SET SIX INCHES (6') INCHES IN- SIDE SIDE PROPERTY LINES DITTO REAR PROPERTY LINE WHERE YARD FACES STREET, FENCES ARE NOT ALLOWED MAY BE CONSTRUCTED WITH ONE OR A COMBINATION OF APPROV- ED CONSTRUCTION MATERIELS. -13- a- 6. S TBA-K RFSTRI.TION FOR SFM[HOLE REACH: I. OCEAN FRONT LOTS: FRONT (EAST): TO CCL ~AR~ 20 FEET SIDE: 7.5 FEET il. INTERIOR LOTS; FRONT: 20 FEET REAR: 21 FEET SIDE: _. VARIABLE BUT NOT LESS THAN 12.5 FEET BETWEEN ~- BUILDING PADS 111. CORNER LOTS AT ENTRANCE DRIVE CONNECTION WITH SEMINOLE ROAD; NES7 LOT LINE BEING THE SAME AS THE BAST RIGHT OF WAY LINE OF SEMINOLE ROAD: 10 FEET TO BUILDING PADS J. SETBACK RFCTRI TIONC FOR OGEpNC1D€ i. OCEAN FRONT LOTS: 20 FEET SIDE: J.S~FEET FROM T .LINE TO B )~'y /I-~" CPAD ON-NO WALL MAY BE IN CON- ACT NITN AN IMAGINARY VERTICAL LINE EXTEND- ED UPWARF FROM PROPER- TY LINE. ANY SETBACK FROM THIS UPWARD IMAG- INARY LINE ON THE ZERO SIDE IS ALLOWABLE. Ii. INTERIOR LOTS: FRONT AND REAR SIDE: -12- 20 FEET DIT70 OCEAN FRONT LOTS ^~__ 4. JTILITIES; WHERE EXISTING UTILITIES ARE IN THE PATH OF PROPOSED DEVELOPMENT AND CONSTRUCTION, THE DEVELOPER/ BUILDER SHALL TAKE ALL PRECAUTIONS TO ASSURE THE NON- INTERRUPTION OF UTILITY SERVICES. PRIOR TO THE COM- MENCEMENT OF ANY CONSTRUCTION ACTIVITY, THE DEVELOPER/ CONTRACTOR/BUILDER SHALL DETERMINE THE LOCATION OF ALL OVERHEAD AND UNDERGROUND UTILITIES AND SHALL PRESERVE SAME AGAINST DAMAGES AND DESTRUCTION. 5. TRAFFIC MAINTENANCE: WHERE CONSTRUCTION ACTIVITI' IN PUB- LIC RIGHTS OF WAY INTERFERES WITH PUBLIC TRAFFIC OPERA- TIONS, THE DEVELOPER/CONTRACTOR/BUILDER SHALL TAKE THE REQUIRED ACTIONS TO MAINTAIN TRAFFIC AT AN ACCOMMODATING AND FUNCTIONAL LEVEL. 6, PUalrr AND SITE SAFETY: THE DEVELOPER/CONTRACTOR/BUILDER SHALL INVOKE SAFETY PRACTICES AND MEASURES THAT COMPLY WITH REGULATORY AGENCIES HAVING JURISDICTION. ALL REA- SONABLE MEASURES SHALL BE TAKEN TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE AT ALL TIMES. ], fnucrniirTtnu LITTER AND DEBRIS. THROUGHOUT THE COURSE OF DEVELOPMENT AND CONSTRUCTION ACTIVITIES, THE DEVELOPER/ CONTRACTOR/BUILDER SHALL ASSURE THAT LITTER, GARBAGE, AND OTHER DEBRIS SHALL BE COLLECTED AND CONTAINERIZED ON THE SITE FOR DISPOSAL OFF SITE. EXTRA CARE SHALL BE TAKEN TO ASSURE THAT ADJACENT NEIGHBORHOODS ARE PROTECTED FROM THE SPILLAGE OF SUCH TRASH AS MAY BE GENERATED. 1. 10T COVERAGE: LOT SITE COVERAGE BY BUILDING AND OTHER STRUCTURES WILL COMPLY KITH LOCAL ZONING AND BUILDING CODE REQUIREMENTS. 2. $~T~DING HEI HT LIMITATIONS: BUILDING HEIGHT SHALL NOT BE GREATER THAN THIRTY FIVE ljS'I FEET ABOVE FINISHED GROUND GRADE. j, LANDSCAPING: EACH DWELLING UNIT SHALL BE LANDSCAPED WITH A BASIC FOUNDATION AND YARD AREA PLANTING WHICH HAS BEEN DESIGNED BY A LEGALLY AUTHORIZED PROFESSIONAL DESIGNER. 4, $ITI DIN MAT RI S' BRICK, WOOD, AND/OR STONE SMALL f.OMPRISE THE BASIC PALLET OF BUILDING MATERIELS; HOW- EVER, OTHER ARCHITECTURALLY ACCEPTABLE MATERIELS THAT MAY BE APPROVED BY THE AkCHITECTURAL REYIEN COMMITTEE. INFERIOR, SUBSTANDARD, INCOMPATIBLE, AND AESTHETICALLY DETRACTING MATERIELS SHALL NOT BE USED. 5. FINISHED FLOOR ELEVATIONS: FIRST FLOOR (NOT BASEMENT) ELEVATIONS SHALL BE AT A NON-JEOPARDY LEVEL ABOVE THE CENTER LINE OF THE STREET. -11- III. SITE DEVELOPMENT STANDARDS INTENT, THE INTENT OF THESE STANDARDS IS TO ASSURE THAT ALL LOTS AND HOMES ARE DEVELOPED IN A CONSISTENTLY HIGH QUALITY MANNER, THAT NATURAL SITE CONDITIONS ARE RESPECTED TO THE EXTENT ALLOWABLE BY THE DEVELOPMENT PLANS, AND THAT EXIST- ING VEGETATION, GENERAL CONSTRUCTION PROCEDURES, BUILDING COVERAGE AND HEIGHT, YARD SETBACKS, DRIVEWAYS, WALKWAYS, AND GRADING AND DRAINAGE PRACTICES ARE CONTROLLED. g, EXISTING VEGETATION. EXISTING SITE VEGETATION WILL BE DISTURBED BY THE CONSTRUC- TION OF STREETS. UTILITIES AND HOMES, TO THE EXTENT THAT AREAS OF THE SITE ARE NOT IN THE PATH OF CONSTRUCTION, THE EXISTING VEGETATION SHALL BE PRESERVED, NO ENCROACHMENT OF CONSTRUCTION, GRADING, CLEARING, AND/OR ANY OTHER DECIMATING ACTIVITY SHALL OCCUR ON THE OCEANSIDE OF THE COASTAL CONSTRUCTION SETBACK LINE NOR ON ANY PART OF THE DUNE NOT PERMITTED FOR CONSTRUCTION ACTIVITY. UNDERSTORY LITTER AND EXCESSIVE VEGETATIVE MATTER MAY BE REMOVED BY HAND IN ORDER TO PROVIDE FOR HUMAN HABITATION AND TO ENHANCE BIOLOGICAL AND BOTANICAL ASSOCIATIONS. RETAINING WELLS AND WALLS WILL BE CONSTRUCTED TO PRESERVE SPECIMEN TREES AND OTHER VEGETATION HAVING ECOLOGICAL AND AESTHETIC VALUE, - C. GENERAL CONSTRUCTION CONDITIONS. 1. CLEARING AND GRUBBING fOR THE CONSTRUCTION OF STREETS AND UTILITIES SHALL NOT EXCEED EXTEND MORE THAN TEN (10') FEET BEYOND THE STREET RIGHT OF WAY ON EITHER S[DE NOR MORE THAN FIVE (5 ')FEET TO EITHER SIDE OF THE CENTER LINE OF THE TRENCH FOR PIPES AND CONDUITS THAT ARE 18 INCHES AND LARGER IN DIAMETER, WHERE P[PE AND CONDUIT SIZES ARE 15 INCHES AND SMALLER, CLEARING AND GRUBBING ACTIVITY SHALL NOT EXCEED THREE (3') FEET TO EITHER SIDE OF THE CENTER LINE OF THE_TRENCH, 2, EROSION PROTECTION MEASURES USING GEO-TECHNICAL FABRICS, MATTING, TEMPORARY GRASSING, BERMS, AND OTHER BARRIERS SHALL BE USED TO PREVENT EROSION OF SOIL AND SEDIMENTATION, TOTAL PROTECTION SHALL BE PROVIDED TO PROHIBIT SOIL AND SEDIMENT FROM ENTERING ROADSIDE DITCHES, SWALES, AND WATER COURSES. 3, OPEN HOLES, MANHOLES, DITCHES, PITS, TRENCHES, AND DTHER SUCH CONSTRUCTION RELATED DEVICES SHALL 8E PROTECT- ED IN A MANNER HA W LL DETER CHILDREN, PETS, AND OTHERS, -10- ~.. III. SITE DEVELOPMENT STANDARDS ss,,,.. ..- _. ice. p, LANDSCAPE INSTA TLL_fON• LANDSCAPE INSTALLATION SHALL BEGIN WITHIN ONE (1) WEEK AFTER BUILDING CONSTRUCTION HAS ENDED, LANDSCAPE WORK MUST BE COMPLETELY INSTALLED WITHIN THIRTY (30) CALEN- DAR AFTER INSTALLATION COMMENCES, SUBJECT ONLY TO ACTS OF GOD, E, FINAL SURV~ ONCE CONSTRUCTION AND INSTALLATIONS HAVE BEEN COMPLETED, AN "AS-BUILT" SURVEY SHALL BE DONE TO SHOW THE FOLLOWING: 1, LOT LINES AND CORNERS 2. EASEMENTS AND RIGHTS OF WAY 3, BUILDING 4, BERMSMAAND OTHERSSUCHLFEATURESSWH/CHKHAVEABEEN~CONA~ STRUCTED ON THE SITE, ' -9- is ~pnr. BUILDING SECTIONS AT 1/2" = 1'-O" SHOWING WALL SECTION DETAILS, SOFFIT AND FASCIA TREATMENT DE- TAILS, ROOF SECTION DETAILS, PITCH AND TYPE OF ROOF USING A DIMENSIONAL 4 TAB ASPHALTIC FIBER- GLASS SHINGLE, FOUNDATION DETAIL AND FOOTINGS, GRADE AND MATERIELS, AND DIMENSIONS. EXTERIOR MATERIELS/COLORS/FINISHES: WRITTEN SPECIFICATIONS THAT REFERENCE QUALITY TESTING STANDARDS. MANUFACTURER'S SAMPLES AND STANDARDS, PRODUCT SAMPLES AND/OR PHOTOS, AND COLOR CHIPS. I ANDSCAPE AND IRRIGATION PLANS: A. SCALE: 1' = 10'-0" OR 1' = 20'-0" B. PROPERTY LINES C. EASEMENTS AND RIGHT-OF-WAYS D. WALKS, DRIVES, FENCES, WALLS. PATIOS, POOL, SPA, AIR CONDITIONERS. SERVICE YARDS, ELECTRICAL TRANSFORMERS, YARD LIGHTS, ROOF OVERHANGS AND BALCONIES. FOUNDATIONS AND FOOTINGS THAT ARE AFFECTED BY PLANTINGS AND IRRIGATION, MOUNDS, SWALES, DRAINAGE STRUCTURES, PROPOSED GRADES, EXISTING AND PROPOSED TREES/ SHRUBS/ GROUND COVERS, FOUNTAINS, ACCENT LIGHTING, AND OTHER OBJECTS AND FEATURES TD BE DEVELOPED AND/OR TO REMAIN AS EXISTING. E. 'PLANTING LIST AND KEY SHOWING KEY, BOTANICAL NAME, COMMON NAME, HEIGHT AND SPREAD AT PLANTING, TREE CALIPER AND RELEVANT COMMENTS. PLANT QUANTI- TIES SHALL BE SHOWN BY EACH PLANTING LOCATION. FINAL TOTAL PLANT COUNT BY KEY ITEMS IS OPTIONAL. "- F. IRRIGATION PLAN SHALL SHOW ALL HEAD LOCATIONS, PIPE ROUTING, 20NE VALVES, MANUAL VALVES, CONNEC- TION TO WATER SOURCE, CROSS CONNECTION DEVICES, METERS, WELLS AND PUMPS, CONTROLLER AND POWER THEREFOR, AND AN IRRIGATION KEY AND LEGEND CHART INDICATING THE SUGGESTED MANUFACTURER, PATTERN, GPM, RADIUS OF COVERAGE, AND COMMENTS. DIMEN- SIONS SHALL BE SHOWN ALONG WITH NOTES AND OTHER REFERENCES. C. COMMENCEMENT OF BUILll1NG CONSTRUCTION. ONCE FINAL REVIEW PLANS HAVE BEEN APPROVED BY THE ARC AND THE JURISDICTIONAL GOVERNMENTAL AGENCIES HAVE ISSUED A PERMIT/S TO THE BUILDER, HE/SHE CAN COMMENCE CONSTRUC- TION AS APPROVED. SHOULD THERE BE PLAN MODIFICATIONS REQUIRED BY THE BUILDING DEPARTMENT REVIEW, SUCH VARIA- TIONS SHALL BE SHOWN TO THE ARC FOR APPROVAL PRIOR TO CONSTRUCTION COMMENCEMENj. -8- ~.. ~ E _ 3. STEP THR 8i1 DIN. 0 PARTM NT SigM1TTA ' FOLLOWING FINAL REVIEW, THE BUILDER MAY SUBMIT THEIR ARC APPROVED DOCUMENTS TO THE BUILDING DEPARTMENT, OR OTHER SUCH JURISDICTIONAL AGENCIES AS MAY HAVE JURIS- '~ DICTION FOR REQUIRED PERMITS. B. SPECIFIC DESIGN AND PLAN DOCUMENTS ARE REQUIRED IN ORDER TO INSURE THAT THE INTENDED QUALITY STANDARDS ARE MET. SAMPLES OF PRODUCTS AND MATERIELS TO BE INCORPORATED IN THE CONSTRUCTION ARE SUBJECT TO THE REVIEW AND APPROVAL OF THE ARC. THE FOLLOWING DOCUMENTS, PLANS, AND OTHER ITEMS SHALL BE SUBMITTED: ' 1. PLANS: GENERAL INFORMATION: A. RECOMMENDED SHEET SIZE = 24" X 36" B. SCALE: 1/4" = 1'-O" FOR ARCHITECTURAL AND 1" _ 10'-O" OR 1" = 20'-0" FOR SITE DESIGN SHEETS C. NORTH ARROW ON PLANS D. TITLE BLOCKS AND SHEET TITLES ALONG WITH DATE, LOT NUMBER, SHEET NUMBER, E. NOTES, DIMENSIONS, AND REFERENCES. 2. SITE PLAN: A. SCALE: 1" = 10'-0" OR 1" = 20'-0" B. NORTH ARROW C. TITLE BLOCK ~ ' -- D. EASEMENTS. SETBACK,' EXISTING GRADES, FINISHED ' FLOOR ELEVATION, FINISHED ELEVATION OF SURROUND- ING PAVEMENT AND WALKS, FOUNDATION OUTLINE OR F00T PRINT OF CONSTRUCTION SHOWING DRIVEWAY AND WALKWAYS, FENCES, DRAINAGE PLAN, AND LANDSCAPE PLAN, SHOW POOL, PATIO/S, SPA, AIR CONDITIONING UNITS AND ANY OTHER OBJECTS TO BE CONSTRUCTED ON t THE SITE. 3. ARCHITEGTURAL DRAWINGS AND SAMP A. FLOOR PLANS AT 1/4" = 1'-0" WITH COMPLETE DIMENSIONING B. EXTERIOR ELEVATIONS AT 1/4" = 1'-O" SHOWING EXISTING GRADE-FILL AND FINISHED GRADE, DOORS, GARAGE DOORS, CHIMNEYS, SERVICE AREAS, SCREEN FENCES/WALLS, PRIVACY WALLS, MECHANICAL EOU1P- MENT, AND DIMENSIONS - _~_ ~. II DESIGN AND REVIEW PROCFDLIRES A, $LIBMITTAL AND APPROVAL PROCESS FOR BUILDING CONSTRUCTION, THE SUBMITTAL AND APPROVAL PROCESS ENTAILS THREE (3) STEPS WHICH MUST BE FOLLOWED UNLESS THE ARCHITECTURAL REVIEW COMMITTEE FINDS SUBMITTED DOCUMENTS THOROUGHLY COMPLETE AND SATISFACTORY AT THE PRELIMINARY P.EVIEW STAGE, WHEN PRELIMINARY REVIEW DOCUMENTS ARE INSUFFICIENT, THE ARCHI- TECTURAL REVIEW COMMITTEE W-LL REQUIRE A SECOND STEP RE- VIEW FOR FINAL APPROVAL AND/OR REQUEST FOR ADDITIONAL INFORMATION, THE THIRD STAGE OR STEP ENTAILS SUBMITTAL OF ALL REQUIRED DOCUMENTS TO THE JURISDICTIONAL GOVERN- MENTAL AUTHORITY/IES. EACH BUILDER IS RESPONSIBLE FOR CONTACTING THE BUILDING DEPARTMENT REGARDING RE9UIREMENTS FOR SUBMITTAL, (NOTE: IT IS CONTEMPLATED THAT "CDM BUILDERS" WILL BE THE EXCLUSIVE BUILDER IN BOTH PROJECTS.) 1. STEP ONE: PRELIMINARY REVIEW SUBMITTAL: THE BUILDER ENTITY SHALL SUBMIT THE FOLLOWING DOCU- MENTS FOR PRELIMINARY REVIEW. SUCH DOCUMENTS SHALL BE COMPLETE AND THOROUGH; (SUBMIT 4 BLUELINE SETS) A. REVIEW APPLICATION FORM TO BE DEVELOPED BV-THE ARCHITECTURAL REVIEW COMMITTEE SHALL BE COMPLETED AND SUBMITTED. B. BOUNDARY SURVEY 'MAP WITH PERIMETER BEARINGS, EASE- MENTS, SETBACK LINES, TOPOGRAPHY, EDGE OF ADJACENT STREET PAVING, AND OTHER RELEVANT FEATURES AND/OR OBJECTS INCLUDING EXISTING TREES THAT ARE FOUR (4") INCHES AND LARGER IN DIAMETER AT BREAST HEIGHT. COMMON NAME OF EACH TREE SHALL BE NOTED VIA A SYMBOL AND KEY SYSTEM, . C. SITE PLAN INDICATING PLACEMENT OF BUILDING/S, DRIVEWAY, WALKS, ALLOWABLE FENCES, AND ALL 07HER OBJECTS AND FEATURES PROPOSED FOR CONSTRUCTION. D. ARCHITECTURAL BUILDING PLANS COMPLETE WITH FOUR SIDE ELEVATIONS. E, LANDSCAPE PLAN. THE ARC WILL REVIEW THE APPLICATION AND PRELIMINARY SUBMITTAL DOCUMENTS WITHIN FOURTEEN (14) WEEK DAYS AND RETURN THREE (3) SETS OF DOCUMENTS TO THE BUILDER. Z. STEP TWO: FINAL REVIEW SUBMITTAL: WHEN STEP ONE SUBMITTAL [S INCOMPLETE AND/OR FLAWED, STEP TWO SUBMITTAL HILL BE REQUIRED AND WILL ENTAIL ALL DOCUMENTS REQUIRED UNDER STEP ONE CORRECTED AND COMPLETE IN ACCORD WITH PRELIMINARY SUBMITTAL REVIEW COMMENTS, -6 II. DESIGN AND REVIEW PROCEDURES F i t I f K. THE ARCHITECTURAL REVIEW COMMITTEE SNALL BE COMPOSED OF THE FOLLOWING MEMBERS UNTIL ALL LOTS, PLOTS, AND TRACTS HAVE BEEN SOLD IN THE RESPECTIVE SUBDIVISION AFFECTED BY THIS DOCUMENT AND THE PROVISIONS CONTAINED HEREIN; MIKE AKEL• P. E. - CHAIRMAN OF THE COMMITTEE j 110 RIVERSIDE AVENUE JACKSONVILLE, FLORIDA 32202 STEVE MORROW CDM PROPERTIES NEPTUNE BEACH, FLORIDA 32233 HILTON T. MEADOWS, ASLA-APA DIVERSIFIED ENVIRONMENTAL PLANNING 6837 MERRILL ROAD JACKSONVILLE, FLORIDA 32211 ONCE ALL LOTS, PLOTS, AND TRACTS HAVE BEEN SOLD IN THE RE- SEPCTIVELY AFFECTED SUBDIVISION, THE OWNERS AND/OR OWNER- SHIP CONSTITUTING THE MAJORITY MAY SELECT NEW MEMBERS TO ~ REPLACE ANY ONE OR ALL OF THE MEMBERS/MEMBERSHIP OF. THE ARCHITECTURAL REVIEW COMMITTEE THEN ESTABLISHED. -5- ~r+~..--x,. ~# . CONTRACTORS, DEVELOPERS, BUILDERS, SUBCONTRACTORS, HOME OWNERS, REALTORS, BROKERS, ARCHITECTS, ENGINEERS, LAND- SCAPE ARCHITECTS, SURVERYORS, CONSULTANTS, AND OTHERS (1) ALL CONSTRUCTION, DESIGN, DEVELOPMENT, RENOVATION, ADDITIONS, MODIFICATIONS AND ANY OTHER ASSOCIATED ACTIVITIES SHALL 8E CONDUCTED AND ACCOMPLISHED IN COMPLIANCE WITH THE STANDARDS, PROCEDURES, REQUIRE- MENTS, AND PRACTICES SETFORTH HEREIN AND WITH THE "COVENANTS AND RESTRICTIONS" AS SETFORTH SEPARATELY, (2) ALL 9UIlDERS, CONTRACTORS, DESIGNERS, AND OTHERS WHO PROVIDE PROFESSIONAL CONSTRUCTION AND DEVELOP- MENT RELATED SERVICES WITHIN OR FOR EITHER SUBDIVI- SION SHALL BE CURRENTLY REGISTERED, LICENSED AND/OR CERTIFIED PURSUANT TO THE APPROPRIATE CHAPTERS OF FLORIDA STATUTES AND TO THE RULES AND REGULATIONS OF THE DEPARTMENT OF PROFESSIONAL REGULATION AND/OR OTHER REGULATING OR GOVERNING AGENCY OR DEPARTMENT OF THE STATE OF FLORIDA. J. SITUATIONS AND CIRCUMSTANCES NOT COVERED BY WRITTEN PROVISION HEREIN, (1I IN THE EVENT ANY SITUATIONS, CIRCUMSTANCES, INQUIRIES, AND/OR DEVELOPMENTS ARISE WHLCH ARE NOT ADDRESSED BY THE PROVISIONS OF THIS DOCUMENT AND/OR BY THE "COV- ENANTS AND RESTRICTIONS" AS SEPARATELY SETFORTH, THE ARCHITECTURAL REVIEW COMMITTEE SHALL RENDER A FAIR AND EQUITABLE DECISION CONSISTENT WITH THE PRINCIPLES FOR ITS EXISTENCE AS OUTLINED HEREIN. (2) SHOUID ANY PARTY AFFECTED BY ANY DECISION AND/OR AC- _- TION OF,THE ARCHITECTURAL REVIEW COMMITTEE REMAIN DISSATISFIED BY/WITH THE DECISION AND/OR ACTION, SUCH PARTY SHALL HAVE THE RIGHT TO APPEAL THE DECISION AND/ OR ACTION IN WRITING WITHIN TEN (lO) WEEK DAYS. THE ARCHITECTURAL REVIEW COMMITTEE WILL RESPOND TO ANY WRITTEN APPEAL WITHIN THIRTY CALENDAR DAYS OF SUCH APPEAL. IF THE ARCHITECTURAL REVIEW COMMITTEE DOES NOT, IN ITS SOLE WISDOM, GRANT THE EXPECTED RELIEF SOUGHT BY THE AGGRIEVED AND/OR DISSATISFIED PARTY, SAID PARTY SHALL HAVE THE RIGHT TO SEEK RELIEF VIA A COURT OF APPROPRIATE AND COMPETENT JURISDICTION, ALL COSTS OF COURT AND ALL LEGAL FEES OF THE "ARC" AS A COMMITTEE AND AS INDIVIDUALS SHALL BE BORNE BY THE AGGRIEVED AND/OR DISSATISFIED PARTY AND/OR MIS AGENT OR REPRESENTATIVE. -4. j N. THE ARCHITECTURAL REVIEW COMMITTEE. THE ARCHITECTURAL REVIEW COMMITTEE HAS BEEN ESTABI-I SHED AND HEREBY DIRECTED TO MONITOR THE DEVELOPMENT OF EACH SUBDIVISION AND MAY, AT THE COMMITTEE'S SOLE DISCRETION, PURSUE NEGOTIATED AND LEGAL ACTIONS THAT ASSURE COMPLI- ANCE WITH THE "DESIGN QUALITY STANDARDS" AND WITH THE "COVENANTS AND RESTRICTIONS". ADDITIONALLY, THE ARCHI- TECTURAL REVIEW COMMITTEE MAY PROMULGATE PROCEDURES, RULES, METHODS, AND OTHER CRITERIA WHICH FACILITATE THE IMPLEMEN- TATION OF THE 'DESIGN QUALITY STANDARDS" AND THE "COVENANTS AND RESTRICTIONS". SUCH PROMULGATIONS AS MAY BE DEVISED BY THE ARCHITECTURAL REVIEW COMMITTEE, ALSO KNOWN AS THE "ARC" SHALL HAVE THE SAME STATUS AS TO APPLICABILITY AND ENFORCEABILITY AS IF WRITTEN HEREIN AND/OR WITHIN THE "COV- ENANTS AND RESTRICTIONS" AND SHALL BE ENFORCEABLE. ACTIONS OF THE ARCHITECTURAL REVIEW COMMITTEE ARE SEVERABLY INDIVIDUAL AND UNIQUELY SPECIFIC AND SHALL NOT CONSTITUTE A PRECEDENT AGAINST WHICH OTHER ACTIONS OF A SIMILAR P.ND/OR DISSIMILAR NATURE/CHARACTER ARE JUDGED AND/OR SUBMITTED TO LITIGATION. THE "ARC" IS CONCERNED PRIMARILY WITH THE VISUAL QUALITIES, CONSISTENCIES, AMENITIES, AND ENVIRONMENTAL FEA- TURES AND CHARACTERISTICS GF THE SEPARATE COMMUNITIES. THE "ARC" DOES NOT ASSUME ANY LEVEL OF RESPONSIBILITY AND/OR LIABILITY BY INCLUSION AND/OR EXCLUSION FOR ANY OF THE FOL- LOWING SEPARATELY AND/OR COLLECTIVELY: (1) THE STRUCTURAL ADEQUACY, STRENGTH,. CAPACITY, SAFETY FEATURES AND/OR ANY OTHER CHARACTERISITCS OF ANY STRUCTURES, FACILITIES, AND/OR FEATURES CONTAINED ON OR IN EITHER SUBDIVISION WHETHER NATURAL OR MAN-MADE; AND/OR, (2) ANY CONDITION OF THE SOIL INCLUDING BUT NOT LIMITED TO EROSION, ERODABIIITY, COMPACTION OR COMPACTAB[LITY, -~ PERMEABILITY, STABILITY, ACIDITY, ALKALINITY, SALINITY, VEGETATIVE COVER AND/OR SUPPORT CAPABILITY, SURFACE AND/OR BELOW SURFACE CONDITIONS/FEATURES/COMPOSITION/ COMPONENTS, AND/OR ANY OTHER SPECIFIC OR NON-SPECIFIC CHARACTERISITCS; AND/OR, (3) PERMITS,. CERTIFICATES, INSURANCE, ANALYSIS, SURVEYS OF ANY NATURE AND/OR CHARACTER, BUILDING AND CONSTRUCTION CODES OF ANY ORIGIN/APPLICABILITY/NATURE, ORDINANCES. RULES, REGULATIONS, LAWS AND/OR ANY OTHER DOCUMENTS OR DEVICES WHETHER PERTINENT OR NOT PERTINENT TO EITHER OR BOTH SUBDIVISIONS SEPARATELY OR COLLECTIVELY; AND/ OR, (4) THE PERFORMANCE AND/OR NON-PERFORMANCE OF ANY BUILDER, CONTRACTOR, MATERIEL-MEN/SUPPLIERS, WORKMEN, DESIGNERS, SURVEYORS, ARCHITECTS, ENGINEERS. LANDSCAPE ARCHITECTS, NURSERYMEN, ENVIRONMENTALISTS, UTILITY MEN, FINANCIERS, REALTORS, BROKERS, AND/OR ANY OTHER PERSON/S OR ENTITY/ IES WHO AND/OR WHICH MAY dE OR BECOME INVOLVED 1N/ON EITHER OF THE SUBDIVISIONS SEPARATELY OR COLLECTIVELY. -3- THESE STANDARDS SHALL APPLY TO ALL CONSTRUCTION AND DEVELOP- MENT ACTIVITY CONTEMPLATED AND/OR UNDERTAKEN IN/ON SEMINOLE REACH AND OCEAN REACH. SUCH ACTIVITY, FOR EXAMPLE, SHALL INCLUDE BUT WILL NOT BE LIMITED TO ANY AND EVERY TYPE OF OUTDOOR LIGHTING, LANDSCAPING, IRRIGATION, RESIDENTIAL AND/ OR ANY OTHER TYPE OR TYPES OF STRUCTURES AND ADDITIONS AND/ OR MODIFICATIONS THERETO, WELL PUMPS, WALKS, DRIVES, FENCES, OUTDOOR BENCHES, POOLS, POOL DECKS, POOL COVERS, SCREEN WALLS, RAMPS, SOLAR SYSTEMS, SATTELITE DISHES AND OUTDOOR ANTENNA DEVICES, POLES, EDGINGS, MULCHES. BOLLARDS, SHUTTERS, AWNINGS, GUTTERING AND/OR DRAINAGE DEVICES, SWALES, PONDS, BERMS AND/ OR MOUNDS, STATUARY AND OUTDOOR SCULPTURE OR SIMILAR 08JECTS, MAIL/PAPER BOXES, PAINT COLORS AND EXTERIOR FINISHES. ROOF AND OTHER CONSTRUCTION MATERIALS ALONG WITH ANY OTHER ACTIVI- TY THAT, IN THE SOLE JUDGMENT OF THE ARCHITECTURAL REVIEW COMMITTEE, REPRESENT A CONCERN FOR THE OUAL[TY AND ENHANCE- MENT OF THE COMMUNITY. WHERE INFRACTIONS AND/OR DISCREPANCIES OR VIOLATIONS EXIST, THE PARTY/PARTIES INVOLVED SHALL BE NOTIFIED [N WRITING AND GIVEN THIRTY (30 ) DAYS BY THE ARCHITECTURAL REVIEW COMMIT- TEE TO MAKE CORRECTIONS. SHOULD THE OFFENDING PARTY/PARTIES FAIL TO MAKE SATISFAC70RY CORRECTIONS, THE ARCHITECTURAL RE- VIEW COMMITTEE MAY, AT ITS SOLE DISCRETION, PURSUE~LEGAL REMEDY THROUGH A FLORIDA COURT OF APPROPRIATE AND COMPETENT JURISDICTION. E. REVISIONS. CHANGES. AND MODIFICATIONS t0 STANDARDS. AT ITS SOLE DISCRETION, THE ARCHITECTURAL REVIEW COMMI7TEE MAY REVISE, CHANGE, AND/OR MODIFY THE STANDARDS, PROCEDURES, CRITERIA, AND OTHER COND1710NS CONTAINED HEREIN AT ANY TIME. OWNERS OF~RECORD AT THE TIME OF SUCH REVISIONS. CHANGES, AND/ OR MODIFICATrONS WILL BE FURNISHED A COPY OF THE REVISED, CHANGED, AND/OR MODIFIED STANDARDS. F. WAIVERS. EXCEPTIONS. VARIANCES. IN GENERAL, WAIVERS, EXCEPTIONS, AND/OR VARIANCES WILL NOT BE GRANTED BY THE ARCHITECTURAL REVIEW COMMITTEE. IN CASES, HOWEVER, WHERE UNUSUAL AND DETRIMENTAL CIRCUMSTANCES EXIST, IN THE SOLE JUDGMENT OF THE ARCHITECTURAL REVIEW COMMITTEE, THE ARCHITECTURAL REVIEW COMMITTEE MAY BE PETITIONED TO GRANT AND MAY GRANT WAIVERS, EXCEPTIONS, AND VARIANCES. G. COVENANTS AND RESTRICTIONS. COVENANTS AND RESTRICTIONS ARE SEPARATELY RECORDED FOR EACH SUBDIVISIONS AND ARE APPLICABLE AND ENFORCEABLE BY THE ARCH- ITECTURAL REVIEW COMMITTEE. -2- I INTRODUCTION SEMINOLE aeecx AND OCEANSIDE, LOCATED NEAR THE NORTH END OF SEMINOLE ROAD AT SEMINOLE BEACH, FLORIDA IN DUVAL COUNTY IMMEDIATELY CONTIGUOUS TO THE ATLANTIC OCEAN, ARE BOTH DE- SIGNED AND HEREBY CONTROLLED AS "QUALITY DEVELOPMENTS". AS SUCH, BOTH DEVELOPMENTS ARE INTENDED TO EMBRACE STAND- ARDS OF DEVELOPMENT AND CONSTRUCTION THAT ARE PARALLEL TO THOSE ADVOCATED BY THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR "CONTRACT QUALITY DEVELOPMENT" PROJECTS. ADD' ITIONALLY, THE DENSITY OF BOTH ARE REDUCED SUBSTANTIALLY FROM THAT ALLOWABLE UNDER MULTIFAMILY ZONING. SEMINOLE REACH CONTAINS SEVEN l7) PATIO SIZED LOTS INTERIOR TO THE COASTAL SETBACK LINE AND SERVED BY A PRIVATE STREET AS PART OF THE DEVELOPMENT. OCEANSIDE• ALSO SITUATED NEAR THE NORTH END OF SEMINOLE ROAD fS CONTIGUOUS TO THE ATLANTIC OCEAN. OCEANSIDE IS COM- PRISED OF TWELVE (121 LOTS INTERIOR TO THE COASTAL SETBACK LINE AND ALSO SERVED BY A PRIVATE STREET, BOTH PROJECTS ARE BEING DEVELOPED FOR SURROUNDING COMMUNI- TY COMPAI~IBILITY AND QUALITY, A, WHY DESIGN QUALITY STANDARDS ~~~ TO ASSURE THAT BOTH DEVELOPMENTS qRE DEVELOPEO IN A SENSI- TIVE AND QUALITY CONTROLLED MANNER AT LOWER DENSITY LEVELS IS THE PRIMARY REASON AND PURPOSE OF THIS DOCUMENT, IT IS ANTICIPATED THAT A LOOK AND SENSE OF COMMUNITY AND VALUE MAINTENANCE AND PERPETUATION WILL RESULT FROM IMPLEMENTATION OF THE CRITERIA OUTLINED HEREIN, B. WHO WILL USE THESE QUALITY STANDARDS AND GRIT RIA ~~~ THE EXCLUSIVE BUILDER, REALTORS, PROPERTY OWNERS, LENDERS, ARCHITECTS, LANDSCAPE ARCHITECTS, BUILDING AND ZONING OFFI- CIALS, CIVIL ENGINEERS, APPRAISERS, AND OTHERS ARE EXPECTED TO USE THESE STANDARDS AND CRITERIA. THOSE PERSONS WHO USE THESE STANDARDS AND CRITERIA SHALL MAKE INQUIRIES, RESPONSES, AND SUBMITTALS TO ACCOMMODATE THE DESIGN REVIEW PROCESS AS OUTLINED HEREIN AND ADMINISTERED BY THE ARCHITECTURAL REVIEW COMMITTEE. C, HOW TO USE THE STANDARDS AND CRIT RIA .. PROPERTY OWNERS, DESIGNERS, THE BUILDER AND OTHERS SHALL READ AND FOLLOW THE CRITERIA OUTLINED HEREIN, READING AND UNDERSTANDING SMALL BE DONE THOROUGHLY BEFORE COMMENCING PLANS. ACTUAL HOME CONSTRUCTION SHALL BE POSTPONED UNTIL ALL APPROVALS ARE OBTAINED FOR PRELIMINARY AND FINAL BUILD- ING PLANS BY THE ARCHITECTURAL REVIEW COMMITTEE. -1- ~ PROJECT LOCATION MAP & GUIDE ._, DESIGN QUALITY STANDARDS FOR SEMINOLE REACH AND OCEANSIDE S EM I N O L E R O AD ~ N O R T H A T L A N T I C B EACH . F L O R I DA PREPARED FOR: MIKE AKEL-" 1 1 0 R I V E R S I D~ • AV E N U E JACKSONVILLE. FLORIDA 32202 PREPARED BY:._. HILTON T. MEADOWS."ASLA DIVERSIFIED ENVIRONMENTAL PLANNING 6 8 3 7 M E R R I L L R O AD JACKSONVILLE . F L O R I DA 3 2 2 1 1 2 1 S E P T E MB E R 1 9 8 7 ~= ~,...... CITY OF ~tlarlie Seaels - ~lauda November 6, 1987 i To: The Honorable Mayor and Ci[y Co®issioners From: Richard C. Fellows, City Manager Subject: STATUS REPORT 'lI60CEAN BOULEVAAU P. O. BOX 26 ATLANi1C BEACH, FLORIDA 9223) TELEPHONE Iso~1218-2396 o Commissioner Cook has held a meeting of [he committee appointed [o review the bids on a co®9unications [over for the Public Safety Build- ing. The minutes of [his meeting are included for your information and a decision on this matter will be an agenda item on Honday nigh[. o Tvo budge[ Resolucions will be before the Commission on Monday nigh[, one is authorizing the transfer of $100,000.00 from the City's Fund Balance foz the purct,ase of land in Section R for a solid waste transfer station, and [he other is for the purpose of balancing the fiscal year 1986/87 Legal Budget. o The City will present Resolucions of commendation to Lt. Nicholas Vander Ylal and civilian Edward {Iabtcht in connection with [he rescue of an injured motorcyclist in an accident on Maypor[ Road. o We have prepared an Ordinance which will implement the five-year vesting recently voted by [he City Commission. I[ would be Sn order to introduce [his and set it for public hearing at the meeting of November 23, 1987. o At a previous meeting several weeks ago Pete Uowl ing presen [ed an idea regarding a development concept which vas referred to the Co9mlunity Development Board. The Community Development Board considered the matter ac its meeting of October 23 and has approved the concept of the seven lot 'Oceanside Development. You may recall the zoning c lassif ica[ion would alloy the construction of a minimum of nineteen multi-family units but the developer wishes to build only twelve single-family units. The property is too samll for a Planned Un i[ Development and because of the size of lots and some ocher items, does not qualify for regular consideration under our present Ordinances. City P.t to rney Hullis may have some comments and we are forwarding whatever documents ve have for your consideration. CITY OP ATLANTIC BEACH - BUDGET ADJUSTMENT NUMBER: 87-12 EFFHCTIVE DATE:09-30-87 FUND: General Fund-O1 __________________________ E%PENDITURE REVENUE ACCOUNT N0. ACCOUNT TITLE ADD DEDUCT ADD DEDUCT ___________ ______________________ _________ _________________ _-______ O1-514-4900 Salaries 9.100 01-516-3400 4,100 O1-516-4900 5,000 TOTALS ___________________________ ________ 9.100 9.100 0 0 H%PLANATION: To provide for additional legal budget for F.Y.1986-87. PREPARED BY: Harry E. Royal, Finance Director INITIATED BY: Richard C. Fellovc. City Manager DATE:11-09-87 COMMISSION ACTION REQUIRED: Yes DATE RECEIVED: 11-09-87 w '- ~ CITY OF ATLANTIC BEACH BUDGET ADJUSTMENT NUMBER: 87-11 EFFECTIVE DATE:09-30-87 _________ ___-_____ FDND: General Fund __________________________ EXPENDITURE REVENUE __________________ _________________ ACCOUNT NO. ACCUUNT 1'I TLE ADD DEDUCT ADD DEDUCT 01-510-6100 Land 100,000 01-271-00 Prior Year Fund Balance 100,000 TOTALS ________ ________ ________ ________ 100.000 0 100,000 0 EXPLANATION: To provide budget for funds to be ezpended in relation to land acquired fox sanitation transfer site previously approved by the City Commission. PREPARED BY: Harry E. Royal, Finance Director INITIATED BY: Richard C. Fellovc. City Manager COY.MISSION ACTION REQUIRED: Yes r- .a. , DATE:11-09-87 DATE RECEIVED: 11-09-87 ~a_ RESOLUTION N0. 87-+0 A RESOLUTION TRANSFERRING CERTAIN HONIES BETWEEN FUNDS WHEREAS, [he Ci q• Charter of [he City of Atlantic Beach requires [hat the City Commission approve all budgetary increases and transfers from one fund Co another, and WHEREAS, [he nature oC budgetarv systems and those day Co day decisions affecting such budgetary systems require adjustment from time to time, YON, THEREFORE, BE IT RESOLVED by the Ci[y Commission of the City of At lan[ic Beach, that the attached Budget Adjustment No. B7-ll be approved for the 1987-1988 budget. Adopted by the Ci[v Commission November 9, 1987. k k fi k k * William 5. Howell, Mayor, Presiding Officer Approved as [o Form and Correctness: Claude L. Nullis, City Attorney ATTEST: Adelaide R. Tucker, Ci[v Clerk 4- '> ~'. ~__ ~_ CITY OF ATLANTIC BEACH BUDGET ADJUSTMENT NU NBER: 87-12 EFFECTIVE DATE:09-30-87 FUND: General Fund-O1 EXPENDITURE REVENUE ACCOUNT N0. ACCOUNT TITLE ADD DEDUCT ADD DEDUCT 01-514-4900 Salaries 9,100 01-516-3400 4,100 01-516-4900 5,000 TOTALS 9,100. 9,100 0 0 ERPLANATION: To pzcvide For additional legal budget for F.Y.1986-8/. PREPARED BY: Harry E. Royal, Pinance Director INITIATED BY: Richard C. Fellows, City Manager DATE:11-09-87 COMMISSION ACTION REQUIRED: Yes DATE RECEIVED: 11-09-87 ________ ____-____ RESOLUTION NO. 87-41 A RESOLUTION TRANSFERRI NC CERTAIN MONIES BETWEEN FUNDS w _ r ?- k., _ WHEREAS, Che CL[v Charter oC [he Ci[y of Allan tic Beach requires i t ha[ the Ci[y Co~moission approve all hudge[ary increases and [ran sf ers from one fund [o another, and ! 6'HEREAS, [be nature of budgetary systems and [hose day [o day decisions affecting such budgetary systems require adjustment from time [o time, NOW, THEREFORE, BE I'i RESOLVED by the City Commission of [he City of A[lan[ic Beach, that the attached Budge[ Adjustment No. 87-12 be approved for [he 1987-1988 budget. j Adopted by the City Commission November 9, 1987 William S. Howell, Mayor, Presiding Officer i Approved as [o Fors and Correc [Hess: Claude L. Mullis, Ci[y Attorney ATTEST: Adelaide R. Tucker, Ci[y Clerk ORD LNANCE N0. 58-87-10 AN ORUINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 2, ARTICLE VI, DIVISION 3, TO PROVIDE VESTING IN THE CITY RETIREMENT SYSTEM IN PIVE YEARS INSTEAD OF TEN YEARS; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. Chapter 2, Article VI, Division 3 is hereby amended in all sections of said Div isior. J to srrfke [he words "ten years of service" and insert [he words "five years of service" wherever in [he Ordinance it appears in connection with ves[Sng rights. Section 2. This Ordinance shall cake effect after its adoption and approval by the SCa[e of Flor Sda Retirement Division. a • i * • * k ! * R * • a Passed by [he Ci[y Commission on first reading Passed by [he Ci[y Commission on second d final reading ~' Hilliam S. Howell, Mayor, Presiding Officer: Approved as to Porm end Correctness: Claude L. Hollis, City Attrorney ATTEST: Adelaide R. Tucker, Ci[y Clerk w_. _. _ NOTICE: OF PUBLIC HEARING CITY OF .1TLANTIC REACH Notice is hereby given [ha[ [he Ci[y Commission oC Atlantic Beach, Florida will hold A PUBLIC HEARING on November 23, 1987 a[ 7:I5 p.m. at City Hall, 716 Ocean Boulevard, for [he purpose of hearing and considering the views of [he public concerning [he following proposed Ord inancc: ORDINANCE NO. SH-87-10, AK ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 2, ARTICLE VI, DIVISION 3, TO PROVIDE VESTING IN THE CITY RETIREMENT SYSTEM IN FIVE. YEARS INSTEAD OF TEN YEARS; PROVIDING AN EFFECTIVE DATE. A11 persons interested are notified to be present a[ said [Sme and place and they shall be heard. Copies of the Ordinance are on file in the City Clerk's office at City tia ll. If a person decides co appeal any decision wade by the Ci[y Commission with respect [o any matter considered at any meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes [he testimony and evidence upon wh Lch appeal is to ba based. Published: Beaches Leader 11/I1/87 - Purchase Order 83112 Posted: City Nall Post Office r COMMITTEE MINUTES The co®aitcee appointed Co eva luace the bids for furnishing and install- ing a cover for communications equipment ac [be Public Safety Bu Siding met on Priday, November 6, 1987, in Hie Cicy Manager's office at 2:00 Pl1. Present were the Chairman, Couvoissioner Cook, and members, Ci[y Manager Fellows and Fire Chief Royal. Police Chief Thompson was unable co attend because of a previous commit men[ but had-been able [o acquire some information for the co®irtee. The committee members each received a copy of the bid tabulation shoving [he bid of Mgle Tover Company of Gainesville at $4,025.00 and [he bid of Temco of Jacksonville $1,200.00. Immediate discussion ensued regarding the bid of Temco Tover Company. Wayne Royal pointed out [hat Clem Harris, the owner of the company, has been 1n business for a number of years and is very reliable. It vas also pointed out he vas the man who installed the current [over a[ Che Public Safety Bu iid ing. City Manager Fellows repot[ ed [onto[[ had been msde with [he Rhone Manufacturing Company in Peoria, Illinois, regarding [he covers, and Mr. Estes of Rhone pointed out [hat Mgle Tover Company had bid a Rhone 55 which he felt was a little heavy for the type of work ve were talking about. On the ocher hand he felt Hie 2500 which ve currently have and which vas proposed by Temco might be a little light. Nhen [his matter vas discussed with Clem Harris of Temco Tover Company he pointed out the existing Rhone 25D0 has been in use ac [he current public safety build- ing for years and has never been a problem. Further, Clem Norris of Temco pointed out that he warrantied all work and material for a period of one year and would guarantee that the antenna would vic hstand any hurricane force wind which might come through [his area. Further discussion ensued and i[ vas agreed by all concerned that the bid of Temco Tower Company appearing Co be [he lowest and best bid, the committee would unanimously recov®end to the City Commission a contract be awarded [o Connie Harris, Jr., of Temco Tower Company in the amount of $1,200.00 for a 70-foot communications [over a[ [he new Public SaFety Building. There being no further discussion, the meeting vas adjourned at 2:30 PH. PACe kouH MINUTES NOVEl1BER 3, 19B NAME OF COMMAS. M S v Y v N Other Business -con[Snued Commissioner Edwards said [hat he had enjoyed serving with Co~maissione lbrris and wished him God speed. Commissioner lbrris thanked everyone for [heir indulgence during some of hls long winded debates, and pointed ouC chat [he real highlight of his Career as a Commissioner was during the waning hours of [he Buccan er deBate. He had prepared fcr many, many days and weeks, and even had ch TV stations present. The house vas packed with interested citizens. He had bags of evidence, etc. ready co take on the Commission once again. The Chair recognized him and said "Commissioner Morris, you have five minutes". Commissioner ?orris said he would never forget that, after all of his preparation, he only had five minutes [o speak. He told the Mayor "that's what separates the men from the boys". Commissioner Morr s told the Mayor and Commission i[ certainly earned his respect for them and [he lady [ha[ was on [he Comuiss ion a[ the time. Commissioner lbrris expressed [he opinion chat serving as a Commission r was like getting a small pox vaccination, everyone should have a dose of it, and added Che Commission would certainly have a sympathetic cri is when he vas present in [he audience. Commissioner lbrris further stated he had enjoyeA working with all oC he staff, and vas very proud of our city. He was also very pleased Alan Jensen vas taking over his seat. He ended by saying it had been a plea ure ~ serving on [he Commission. There being no other business to come before Che Commission, Che Mayor declared the meeting adjourned at 7:50 p.m. William S. Nowell Mayor/Presiding Officer ATTEST: Adelaide H. Tucker City Clerk CORRECTION THIS DOCUMENT HAS BEEN REMICROFILMED TO ASSURE LEGIBILITY .... it--~- ii ~ ii ~L__J/ ~qi "~~a~ ~; ~:. ~~° t ~. ..s- ,~ L r. _._ PACE FOUK NI MUTES NOVEMBEk 3, 198 NAME OF CCMMRS. M S V Y V N Other Business - continued Commissioner Edwards said [hat he had enjoyed serving with Commis ione Morris and wished him God speed. Commissioner Norris thanked everyone for their indulgence during some of his long winded debates, and pointed out that the real highlight of his career as a Commissioner vas during [he waning hours of tine Buccan er debate. He had prepared for many, many days and weeks, and even had [h TV stations present The house vas packed with in[e reseed citizens. He ~ had bags of evidence, etc. ready [o take on the Commission once again. The Chair recognized him and said "Commissioner Morris, you have Cive minutes". Commissioner Morris said he would never forge[ [ha[, after all of his preparation, he only had five minutes Co speak. He told [he Mayor "[hat's what separates [he men from the boys". Coamissioner Morr s Cold the Mayor and Conmission i[ certainly earned his respect Eor [hem and the lady chat vas on the Commission at the time. Commissioner Morris expressed [he opinion that servf ng as a Commission r vas like ge[t ing a small pox vaccination, everyone should have a dose of it, and added the Commission would ter [ainly have a sympathetic cri is when he vas present in [he audience. i Commissioner Norris Eur[her stated he had enjoyed working with all of he staff, and vas very proud of our city. He was also very pleased Alan Jensen vas taking over his sea[. He ended by saying it had been a plea ore servLng on [he Commission. There being no other business [o come before [ire Commission, the Mayor declared the meat£ng adjourned a[ 7:50 p.m. Will ism S. Novell Mayer/Presiding Of Cicer ATTEST: Adelaide H. Tucker CS[y Clerk ,~, PAGE TNREE HINUTES NOVEMBER 3, 198 5. Major Sever Rehab ili[a[ion speclf ications - continued chat it would have to be separated in [o par is ,due to the fact that [he nine manholes were no[ eligible for E.P.A. Cund in g. Motion: Authorize [he drawing of plans and specifics [ions for Phase II and the remaining portions of Sec cion 'S1" and "B" r.ot to exceeA $20,000.00. So discussion before [he vote. Motion carded unanimously. * * * * * * * * * x * * * k * k * * * * * * * * * * * * * * * 6. Discussion by the Ci [y Commission on correcting an error on [he zoning atlas on Cornell Lane east of Maypor[ Road Mr. Fellows reported Chere vas an apparent error in [he zoning Atlas. I[ was simply the line [hat vas drawn was in error, and included a piece of residential property in commercial zoning, Chereby preven[SnE [he owners from building a hone on [he lo[. lb cion: To correct the error on the zoning atlas. Following discussion, [he question was called and the motion carried unanimously. * * * # * k * * * * * * * * * * * * * * * * * * * * * k 7 C i[[ee report 6y Commiss inner Glenn Edwards on recommendations relacive [o evaluation of bids on a portable generator Commissioner Edwards reported the Committee met on October 27, 1987 a[ 10:00 a.m. Following evaluac ion of [he bids, the Committee unani- mously agreed to recommend to the Commission to award the bid to Reagan Equipment Company in the amount $11,950. Notion: Accept [he recommendation of [he Committee, and award [he bid to Reagan Equipment Company, of Jacksonville, subject co $5,000 par[-payment Oceanwa lk agreed [o pay. . No discussion before the vote. Motion carried unanimously. k k k * * k k * k k k * * * * k * * * k * * * k * * * * * * k k k * 8. Any other old business Commissioner Cook Cold Commissioner Morris i[ had been a pleasure to spend the past four and one-half years with him, and even his poetry wasn't too bad. Commissioner Gulliford told Commissioner lb rris he had enjoyed servin wdth him, as he had made dull evenings exciting again. Commissioner Morris had been a worthy adversary at times and a supportive comrade other times. NAME OF COMM1iS. M 5 Y Y Y N Cook x Edwards x Cull iford x x Ibrris % x Novell x Cook x x Edwards x x Gulliford x Morris x Howell x Cook x Edwards x x Gulliford x x Morris x Novell x 3 3 PACE TWO V V MINUTES NAME OF NOYEt1BF.P. 3, 198 COMMAS. M S Y N 4. Appearances - Continued [he requirements of [he private sec [or. Commissioner Cook asked [he Ci y Manager if he had any record shoving [he number of people that had vor ed for the city vho quit after five years employment. Mr. Fellovs reporte chat since [he Pension plan vas adopted in 1972, there had been 13 peo le [o resign after five years employment, but before [en years. Mr. Cook asked if [hose 13 people would be completely vested. Mr. Fe lluvs said no, they would no[. Mr. Corbin advised [he Commission [ha[ [he Pension Board also considered Che issue of retroactivity, and added that Mr. Mullis, who acts as Ac torney [o the Board, had advised the Pension Boy d Chat [he City could no[ legally go back and retroactively vest someone who, at this point in time, vas no longer an employee of Che city. Hayor Howell expressed concern over a policeman chat had resigned just a little over a year ago [ha[ had nigh[ years with Che city, and now employees would be vested in five. He asked if the Pension Board I,ad considered [he possibility of going to five year vesting starting now. Mr.COrbin replied they discussed cvo al[ernativz plans that would have phased vesting in. They considered a proposal where after five years c e employee would be vested 50% and after [en years [hey would be 100'/, ve ted. Hoveveq there vas not much support on the Board for that proposal. Co - missioner Morris noted that he worked for a company vho operated under a Cen year, 300% vesting, but ac five years the employees started gectin a percentage. Polloving a lengthy discussion, [he following motion vas wed: Motion: Amend [he Pension Ordinance [o change the vesting per ioJ Cook x from ten [o five years, based on the recommendation of t:dvards [he Pension Board. Gulliford x x Morris x x Howell > Polloving discussion before [he vote, [he motion carried with a three co two vote. Mayor Novell and Commissioner Edwards voted nay. * f * * k * * * * * * * * * * * * * * * * * f k k k k • :k A S. Action by the City Commission to authorize the dravinp of lP ans and specifications for Major Sever Rehabilitation, Phase I1, [he remaining portions of Section "A" and Section "e" in an amount not to exceed $20,000.00. The City Manager stated that [his vas a continuation of [he City's maj r Sever Rehabilitation program. He added that the bids on Section "A" will be received ac the next meeting. The proposal vas to prepare the plans and specifications for [he rest of "A" and all of Section "R". Mr. Fellovs reported this vas a five year program and they budgeted $100,000 each year [o make major sever system repairs. He added [hat this vas E.P.A.funding, therefore 55% of i[ would be paid for by the Federal Government. Commissioner Gulliford asked iC the job the City bid [ha[ vent over budget was included in [his. Mr. Fe Llovs replied that it vas included, and i[ vas being combined with the special proj ecC of [he nine manhole repairs. They have recombined it to make a bigger job. Conunissioner Cu113ford asked if the bid vas F,ning to be separated into parts or would iC be a lump sum bid. Mr. Fellovs replied MINUTES OF THE RET IRINC CITY COMMISSION OF ATLANTIC BEACH, FLORIDA HELD AT CITY HALL ON NOVEMBER 3. 1987 AT 7:15 P.ll. PRESENT: William S. Howell, hliyor/Presiding Officer Hobert B. Cook, Sr. Clenn A. Edwards William I. Cullifo td, Jr. Jofin W. Morris, Jr., Commissioners A.ND: Richard C. Fellows, City Manager Peter Corbin, Acting Ci[y Attorney Adelaide R. Tucker, Ci[y Clerk ABSENT: Claude L. Mullis, Ci[y Attorney, Out of the City The meeting vas called [o order by Mayor Novell. The invotation,offere by Commissioner Cook vas followed by Che pledge [o [he flag. 1. Approval of the Minutes of the ReRUlar Meeting of October 26, 1987 :boon: Minutes oC [he regular meeting of October 26, 1987 be approved as submitted. ' No discussion before the vote. Motion carried unanimously. * R * k # * * * # k * * * * * * * * * * * * * * * * # 2. Recognition of visitors - Hone J. Bid Openings: A. Receipt of competitive bids for furnishing and installing comvnunic a[ions lover at the new Public Safety Building Angle Tower Company $4,025.00 Gainesville, Florida Temco Tower Company $1,200.(10 Jacksonville, F1. Bid tabulation attached hereto and made a part thereof. * * # * * * * * # k k * * * # # * k * * * * # * # # * k k "boon: Bids be sent to Commit cee. No discussion before [he vote. Mo [ion carried unanimously. Mayor Novell appointed Commissioner Cook Co Chair [he Coami[[ee, and report back a[ [he next meeting. k * * * k k * * * k * k k * * Y * * k k k * * * k * * k k * k 4. Appearances: Mr. CO rbin briefed the Commission on the Pension Board's recommendatfon decrease the vesting period from [en m five years. Nr. Corbin stated Board believed [heir reconmendation would make the fund consistent wit ME OF COMMAS. M O T 1 O N 5 E C O N D V O r e D Y E 5 V O r E D N O Cook x Edwards x x Gul if ford x x Morris x Novell % Cook x x Edwards x Gulliford x x Norris x Nowell x h ro he k,: F ~,_ CITY OF ~tCaKtie b"eaelc - ~lauda ]t6OCEAN BOULEVARD P. O. BOX 26 ATLANTIC REACH. FLORDIA 9YP33 TELEPHONE 1~1 P~42986 November 6, 1987 To: '1'be Ilonorable Hayor and Ci[y Commissioners From: Richard C. Pellows, City Manager Subject: STATUS REPORT o Commissioner Cook has held a meeting of [he committee appointed to review [he bids on a common ita[ione tower for the Publie Safety Build- Sng. The minutes of this meeting are Sncluded for your information and a decision on this matter will be an agenda item on Monday night. o Two budget Resolutions will be before the Commission on Monday night, one is authorizing the transfer of $100,000.00 from the City's Fund Balance for Che purchase of land in Section R for a solid waste transfer station, and the other Is for [he purpose of balancing the fiscal year 1986/87 Legal Budget. o The City will present Resolutions of commendation to Lt. Nicholas Vander Nal and civilian Edward Habicht 3n connection with the rescue of an injured motorcyclist in an accident on Mayport Road. o Ne have prepared an Ordinance which will implement the five-year vesting recently voted by [he City Commission. It would be fn order [o introduce this and set it for public hearing ac the meeting of November 23, 1987. o A[ a previous meeting several weeks ago Pete Dovl ing presented an idea regarding a development concept which vas referred to [he Common i[y Development Board. The Common icy Development Board considered [he matter a[ its meeting of October 23 and has approved [he concept of the seven lot Oceanside Development. Ywu may recall the zoning classif Station would alloy [he construction of a minimum of nineteen multi-family units but [he developer wishes to build only twelve single-family units. The property is too samll for a Planned Unit Development and because of the size of lots and some other Stems, does no[ qualify for regular consideration under our present Ordinances. City Attorney Mullis may have some comments and we are forwarding whatever documents we have for your consideration. 3~,. ,.. ~~ AGENDA NOVEMBER 9, 1987, 7:15 PN Call to Order I Invocation and pledge co [he Clag 'r 1. Approval of the minutes of [be meeting of the retiring Commission ' November 4, 1987 and [hc meeting of the nev Commission November 3, ! 1987 2. Recognition oC visitors j 3. Presentation of Resolutions of co®nenda[ion i 4. Appearances: ~ A. Pete Dovl ing [o dl scuss concept development of Oceanside and Seminole Reach projects i 5. Committee Repo r[s: A. Cov®issioner Cook with committee report and recommendation rel ac ive to award ing oC a contract for furnishing and install- ing a 70-foot radio tower at [he nev Public Safely Bu ildfng 6. Action on Resolutions: A. Resolution Na. 87-40 Introduction and adoption of a Resolution providing for budget ', ad}ustmen[s auti~or izing [he transfer of $100,000.00 from Prior '. Year Fund Balance to Land Acquisition in Section H '., B. Resolu[ior. No. 87-41 Introduction and adoption of a Resolution authorizing a budge[ ad]us[men[ to transfer $9,100.00 from the Code Enforcement Account to Legal Expenses [o balance out the fiscal year 1986/87 7. Action on Ordinances: A. Ordinance No. 58-B7-10 Introduction and first reading of an Ordinance amending [he Ordinance Code of Che City of At lan[ic Beath, Florida, to provide vesting in the City retirement system in five years instead of [en wears 8. Miscellaneous business 9. Mayor to tall on CL[y Commissioners, Ci[y A[[orney, CS[y Clerk, C i[y Manager for reports and/or request Adjournment a< -: . t Ff S- 9!hrTt !I I NIITF.S ]'L.~ commits re appoint rd to rev iev and evaluate [he bids for one [ratter-mounted grnorot~+r met m+'I'uc:~:Jav, Oe u+ber 27, 1981, at 1(1:00 AM in tbo City ^Luury;er'n u(i ica•, Citc II:~I1, A[lan[ic Beath. pr. sent weer rhuirm:m C.~mm(ssinncr l:dvards, Ci[y Manager Fellovs, and Purl it S.•rv irr•, ni r.•r for Rea Ll. Farb member ui tLc rummi[[ac rccriveJ a copy of Chc hid [abula[lon .h.~wi ng the Reur,an Equipment Company of Jacksonville vas the apparent l ev. bidder at jl l,9i11.11(1. During Jixcuss ion it vas determined Advanc eJ I'ovcr Sy.[vm. had ::.•n[ In an alternnte hid vh ich had hoen stapled [o their reF.++lur hid and had not been ohserved during the hid opening. Meveveq it vas decermf nod cbe alternate hid did no[ meet specifications because of tLc +perd of the engine, vhl le [hc regular bid submi tied vas jua ever $1,0110 hil;har than [Im[ of Reagan F.qui pmen[ Company. Reagan Equipment Compam was hidd L+g nn a fenerac Model SDOJS while Advanced po•.. r Sy.a ems wvu bidd inF; nn an Oran 30.ODL6. Cyr. mit[ec member Fellovs ron[ac[eJ Commissioner Culliford because of his t•xpcrienre in the field [n lnqui re into his knowledge regarding the ompany and/nr the vqu ipmen[. Commissioner Oulllford indicated he vas well cxperienerd with the rmmp:my Iiaving done some business of th them before, and ind traced they ve re quite large and reliable. As far as [he Grnernr generator, he safd he had heard of them but did not know if [hey were on a par with Onan, Kohler and the others or no[, but he knee of nothing uega[iva about the equf pmrnt. Fort her discussion ensued with an evaluation of warranties, and of cer a telephone call [o Reagan Equ ipmen[ Company it vas determined [ha[ [he on.•-pear va rrmrty vas equal [o the other bidders and in line with [he requested specif icatlons. The Cf ty llanager will coot inue m find users of the Cenerac equipmenc who tan testify as [n its desirability, and absent any objections or bad rcrnaneendat ions, the rommittee unanimously agreed to recon®end the bid of Reagan E,u ipmen[ Company for [he trailer-mounted generator in the amount of $11,950.00. The City Nanager pointed out the cost of the generator would he partially defrayed by a $5,000.00 contrl6u[ion [a be made by the developers of Oceanvalk who had agreed to make the contribu- tion in lieu of faro Ssh ing a Renerat or for the O<eanvalk lift station. There being no further dlsntss ion, the meeting vas adjourned at 10:35 L1. i [: °. . PACE FOUR MINUTf:S OCTOBER ?6, 19E Miscellaneous - continued Mr. Gene No rdan requested app ru val [o move a house he recently pure ha= in Maypnr[ co his property on Beach Avenue. The recently purchased house vas originally the Uaniels residence, and held histor is value. ! So rdan explained he had permission (ram [he Navy [o move [he house [h~ [he \avy base and down Senincle Knad [o Beach Avenue with minimal in- terruption of [he d[y facilities. Following discussion relative [o [he house mee[inR [he Southern Standard Building Code, and [he city's regulations. The Building Inspector, Mr. Ford, advised he had already discussed the matter wl[h Mr. No rdan who understood everything in the }souse would be considered as new upon inspection. There were no obj eel ions from [he Coa¢aission. There being no other business [o mme before Ch2 Commission, the Maya declared the meeting adjourned a[ 7:45 p.m. l: illiam S. Novell !layor/Presiding Officer ATTEST: Adelaide R. Tucker City Clerk NAME OF COMMAS. M S ~ Y Y N d ugh C,:..; PAGE THREE MINUTES OCTOBER 26, 19 6. Miscellaneous The City Planager stated that [he city had squired two vehicles and he wanted to discuss with [he Commission tUe disposition of [he vehicles One vas a 1979 MG. The Naval Intelligence Service made a narcotics bu in Oc [ober, 1986 that resulted in [he confiscation of [he vehicle. T final judgement has been in the name of Atlantic Beacb but Che [ask f vas no[ even in operation at the time of Use confiscation, and for [h. reason [he Chief of Police felt the Naval Investigative Services shoo be entitled [o [he car. He stated that due to the fact Cha[ [he car v in [he name of A[lan[tc Reach, i[ vas up [o [he City Commission [o ac to transfer [he vehicle to [he NIS. Fo llowinK discussion, [he Ciw Attorney advised he saw no problem vt[h [ire transfer. Mr. Fellows also reported [he Task Force activity had confiscated a 1975 Mercury Station iJagon that had a $281.00 outstanding lien and also needed repairs. After evaluating the situation, the city did not feel i[ would be worth [he money and effort [o utilize the vehicle, but Jacksonville Beach said [hey would satisfy [he lien and use [he car if the Commission would transfer [he vehicle m [hem. The Ci[y Attorney asked [he Police Chief iC he vas following the S[a [e Statute on disposing of surplus properC}', as he did not wish [o set a precede Following a IenK[hy discussion, [he fo ll owing motion vas moved: Motion: Authorize Che transfer of the two vehicles. Ho discussion before the vote. Motion carried unanimously. * * :~ * * R k R F * * * k * * * * * * ^ * * * * * * * * # * * # The Ci[q 1lanager noted several executive sessions had been held rela[1 Co a new con[racc with [he Fraternal Order of Police. He advised they had agreed to the final offer made by Che City of Atlantic Beach: acce [he same cos[ of livinK increase which vas awarded Co other city employees, there will be a Senior Patrol Officer position [hat would t quire certain procedures for a person [o apply for same, including a written ezamina[ion, also a[ leas[ five years of service, and duties above and beyond Chose of [he normal staff officer. Motion: Approve the three (3) year contract with the Fraternal Order of Polite, with a re-opener in April,l988 for wages and a negotiation of a new grievance procedure. Yo discussion before [he vote. Motion carried unanimously. * * * k k * * * * * * k * k * * * k k k * * * k k k * * k # # k A lengthy discussion was held on [he finish of the new Public Safely building. The Architect had proposed [o put a sealer CLaC would vea the [he building prematurely. Mo [ion: Pu[ a clear sealer on [he building only iE necessary. No discussioon before [he vote. Motion Carried unanimously. k * * k * * * k k * k {: k * k k k # # # k # R * * * # k * * k NAME OF 3 COMMAS. M S V Y V N V t > ce t l Edvatds x x Culliford x x Hoveil x e t Edvatds x x Gu ll iford x x Novell x Edwards x Gulliford x x Howell x PACE TWU MINUTES OCTOBER 26, 19 w. Action by [he Ci[y Commission on a rega•st of DeetfielJ Lakes, Phase II, (or acce~[in~ for ma in[ewnce the ut it icy improvements in said pro7ect• City Manager Fellow sail chat chey had received all [he documentatia on [his with [he exception of the bill of sale which vas received on October 26, 1987. Fir. Fellows stated [i~at all [he doe umen[a[ion appears to be in order. Commissioner Edwards asked where Deerfield Lakes vas. Mr. Fellows replied that i[ vas in the Buccaneer District Motion: Move to accept the imp rovemen[s [n Deerfield Lakes. No discussion before [he vote. Motion carried unanimously. S. AC [ion on Ordinances: A. Ordinance No. 58-87-8 - Final Read ine and Public Hearin 6N ORDINANCE AMENDING CHAPTER 2, ARTICLE VI, DIVISION 3, SECTION 2-28'. TO INCREASE THE PERCENTAGE OF AVERAGE FINAL COMPENSATION FOR ALL 1ff.1BERS OF THE RETIREFIENT SYSTEMS; ADUINC SECTION 2-298, PROVIDING FOR MEMBER CONTRIBUTIONS; PROVIDING AN EFFECTIVE DATE. Mayor Noveli presented in full, in writing, Ordinance No. SB-87-8 on second and final reading. Ne opened tl~e floor for a Public Hearing a~ invited comnien[s from [he audience. As no une spoke for or against, [he Mayor dec lated [he Public Hearing closed. Notion: Passage of Ordinance No. 56-87-8 on second and final reading. No discussion before the vote. ibtion carried unanimously. * * * * * * * * * * * * * * * * * * * * k * * * * * * * * * k * k * B. Ordinance No. 58-87-9 - Final Readine and Public Hearin AN ORDINAYCE PROVIDING FOR A COST OF LIVING INCREASE FOR EXISTING RETIRAYIS OF THE ATLANTIC BEACH PENSION SYSTEM; PROVIDING AN EFFECTI{ DATE. Mayor Novell presented in full, in writ in R. Ordinance No. 58-87-9 on second and final reading. He opened the floor for a Public Nearing ar invited commencs from the audience. As no one spoke for or against, [he Mayor declared [he Public Hear inR closed. Mo Lion: Passage of Ordinance No. 58-87-9 on second and final reading. No discussion before the voce. tbtlon carried unanimously. * * * * * # * * * * * * * * * * * * * * * * k * k * * * * * * * * k * NAME OF ~ COMM115. M S V Y V N i Edwards x x Culliford x x Howell x Edwards x x Culliford x x xowell x Ip Edwards x x Culliford x x Howell x ~*... w, MINUTES OF '1't1E REGULAR MHET[NC Ok 1'H t: ATLANTIC BEACH CITY COECfISSION HELD AT CITY NALL ON OC'fUlSF.R 26, 1987 AT 7:15 P.M. PRESENT: b'i lliam 5. Novell, Mayor/Presiding Officer Glenn A. Edvards Idilliam I. Cul lifo N, Commissioners AND: Richard C. Fel loos, Ci[y Nanager Claude L. Mullis, City Attorney Adelaide R. Tucker, City Clerk ABSENT: Robert B. Caok, Sr., John N. Norris, Jr., Commissioners, Bo [h OuC of Tovn The meeting vas called [o order by Mayor Novell. The invocation, offe by Commissioner Edvards vas Colloved by the pledge [o [he flag. 1. Approval of [he minutes of Che regular meeting of October 12 1987. Motion: Minutes of [he regular Commission meeting of October 12, 1987 be approved as submitted. No discussion before [I~e vote. Motion carried unanimously. * * * * * * * * * * * * * * * # * * * * * * * * * # * * * * * * * # # 2. Recognition of Visitors - None 3. Bid Openings: A. Receipt of bids for furnishing and installing a self-supporting communications cover at the nev Public Safely Building. The City Manager asked that item 3A be deferred until the next meeting there were no objections from chr Commission. e. Receipt of bids for a [railer mounted portable generator for use in connection with the life staCions in Atlantic Beach and [he Buccaneer Water and Sever District. 1. Advanced Pover Syscems $12,968.00 Jacksonville. Florida 2. Reagan Equipment $11,950.00 Sacksonvil Le, Florida 3. Ring Pover Corporation $14,055.00 Jacksonville, Ploirda BSd tabulation Ss attached hereto and made a part hereof. * * # * * * * * * * * * * k * * * k * * * * * * * 4 * * * * fi * * * * Motion: Bids he sent [n Committee, [o report back a[ [he next meeting. Commissioner Edvards [n Chair Cormi[[ee. No discussion before the vote. Motion carried unanimously. * * * * * * # * * * * * * * * * * * * * * k * # * * * * * * * * k * * ME OF COMMAS. M O T I O N S E C O N D V O T E D Y E S V O T E D N O ed Edvards x x Culliford x x Novell x Edvards x x Culliford x x Novell x ~~ f-. ~- _-.:. AC ENI)A i CITY OF ATLANTIC BEACH SPECIAL MEETING TUESDAY, NOVF.HBER 3, 1987, 7:I5 PH ~. Call [n order , Invocation and pledge [n the flag 1. Approval of Uie minutes of the regular meeting of Octobet 26, 1987 2. Recognition of visitors 3. Bid Opening: A. Receipt of competitive bids for furnishing and installing communications [over a[ [he new Public Safety Building , 4. Appearances: A. lir. Peter Corbin, Chairman of the Board of Trustees of Atlantic Beach Pension Fund, Co discuss the recommendations of j [he Board of Trustees for decreasing vesting time from ten years [o five years. 5. Attfon by the Ci[y Commission to authorize the drawing of plans and specifications for Haj or Sewer Rehabilitation, Phase II, the j remaining portions of Section "A" and Section "B" in an amount no[ 4 [o exceed $20,000.00 j 6. Discussion by the Ci[y Commission on correcting an error on the zoning atlas on Cornell Lane east of Mayport Road f 7. Committee report by Commissioner Glenn Edwards on recommendations relative [o evaluation of bids on a portable generator 8. Any other old business f 9. City Clerk to swear in Mayor Elect William S. Novell, and Commis- j sinners Elect Alan C. Jensen and Robert B. Cook, Sr. ~ I0. Mayor to call new City Commission to order ~ I1. Special presentation i 12. Any other new business 13. Mayor to call on City Commissioners, Cicy At corney, Ciq~ Clerk and Ci[v Manager for reports and/or requests Adjournment , AGENDA CITY OF ATLANTIC BEACH ~ r TUESDAY, NOVEMBER 3, 1987 RETIRING COMMISSION - 7:15 PN f Call to order i Invocation and pledge to the flag ~ i I. Approval of [he mina [es of the regular meeting of October 26, 1987 t i 2. Recognition of visitors t 3. Bid Opening: A. Receipt of competitive bids for furnishing and installing ~ communications tower at the new Public Safely Building ~ 4. Appearances: A. Mr. Peter Corbin, Chairman of the Board of Trustees of Atlantic Beach Pension Fund, [o discuss the recoomtendat ions of the Board of Trustees for decreasing vesting time from ten years to five years. 5. Action by [he City Commission [o authorize [he drawing of plans and spec if ica[ions for Major Sever Rehabilitation, Phase II, the remaining porcions of Section "A" and Section "B" in an amounc not to exceed $20,000.00 6. Discussion by [he City Commission on coaec[ing an error on [he zoning atlas on Cornell Lane ease of Mayport Road 7. Committee report by Comoi ssioner Glenn Edwatds on recommendations relative to evaluation of bids on a portable generator 8. Any ocher old business ADJOURNMENT NEN COMMISSION - 8:00 PM L City Clerk to swear in Mayor Elect Nilliam S. Novell, and Commis- sioners Elect Alan C. Jensen and Robert B. Cook, Sr. 2. Mayor [o call new City Commission [o order 3. Special presentation 4. Any other new business 5. Mayor to call on Ci[y Commissioners, City Attorney, City Clerk and City Manager for reports and/or requests ADJOURNMENT O f NOVEMBER MICRO >a. rssm~.ua. od ~ ~~ ..._