Ordinance No. 90-03-181.pdfPrepared by Sonya Doerr
E~ook 11094 1},a g e 1797
800 Seminole Road
Atlantic Beach,FL 32233 03-181 DocR
24031 X3942Book:
110' 94 Pa 1797 -es; 1 ~
11 Filed &
Recorded45/53:14/244349:4fi
AM JIM
FULLER
5 MeN COURT DUVAL
RETV~~ CLERK CIRCUIT
iD ORDINANCE NUMBER: 90COUNTYTRUS~ TDFUND ~8.
04 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL,STATE OF FLORIDA,ADOPTING ORDINANCE NUMBER
90-03-181, REZONING LANDS AS DESCRIBED HEREINAFTER
TO PUD (PLANNED UNIT DEVELOPMENT); PROVIDING
FOR SPECIAL CONDITIONS; PROVIDING FINDINGS OF FACT; PROVIDING
A SAVINGS CLAUSE;REQUIRING RECORDATION; AND PROVIDING
AN
EFFECTIVE DATE. RECITALS WHEREAS,the City Commission for the City of Atlantic Beach, Florida
hereby finds that the public health,safety and welfare of citizens are protected and enhanced by the
enactment of
this ordinance, and WHEREAS, the change in Zoning District designation enacted by
this ordinance shall provide for orderly growth; encourage the most appropriate use of Land;protect
and conserve the value of property;prevent the overcrowding of Land; promote, protect and
improve the health,safety,comfort,good order,appearance, convenience, and general welfare of the public
and serve to accomplish and implement the goals and objectives of the
Comprehensive Plan,and WHEREAS, after required notice was published,a first reading of
the proposed ordinance was held on the 14th day of April,2003 at7:15 p.m.,and a public hearing and
second reading were held on the 28th day of April,2003 at7:15 p.m.to hear and
enact said Ordinance. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION
ON BEHALF OF THE PEOPLE OF THE CITY
OFATLANTIC BEACH, FLORIDA: SECTION 1.That, as requested by Genesis Group, on behalf of Bestcon,
Inc.,the title owner of record in the application (File Number REZ 2003-01)with
supporting documents for the zoning change dated January 06, 2003, hereinafter known
as the PARADISE PRESERVE PLANNED UNIT DEVELOPMENT (PUD)application, the
zoning classification of lands described on attached Exhibit A is hereby changed to
Planned Unit Development (PUD).lands withinSECTION2.That development of the this
Planned Unit Development shall proceed in accordance with the PUD application, attached as Exhibit B,dated
January 06,2003,and other supporting documents, which are a part ofFile Number
REZ-2003-01,and incorporated by Ordinance
B°°~1103p Pa g ~ 17'98
reference into and made part of this Ordinance. In the case of conflict between the application,the
supporting documents,and the provisions of this Ordinance,the provisions of this Ordinance shall
prevail.
SECTION 3. Findings of Fact: The need and justification for approval of the PARADISE
PRESERVE PUD have been considered in accordance with the City of Atlantic Beach
Comprehensive Plan and the Zoning,Subdivision Land Development Regulations and,whereby, it
is found that:
The request for rezoning has been fully considered after public hearing with legal notice duly1.
published as required by law.
2. The rezoning to Planned Unit Development is consistent with the Comprehensive Plan and the
Future Land Use Designation of Residential,Low Density.
3. The rezoning is consistent with the Land Development Regulations, specifically Division 6,
establishing standards for Planned Unit Developments.
4. The zoning district designation of Planned Unit Development,and the specific uses and special
conditions as set forth herein,are consistent and compatible with surrounding development.
SECTION 4. To the extent they do not conflict with the unique specific provisions of this
PUD Ordinance,all provisions of the Land Development Regulations,as such may be amended from
time to time, shall be applicable to this development; except that modification to this PUD by
variance or special use shall be prohibited except as allowed by the Land Development Regulations,
and except to the degree that the development may qualify for vested rights in accordance with
applicable ordinances and laws. Notwithstanding any provision of this ordinance,no portion of any
Building Code, Comprehensive Plan or any regulation aside from those set forth within the Land
Development Regulations shall be deemed waived or varied by any provision herein.
SECTION 5. This Ordinance shall be recorded in a book kept and maintained by the Clerk
of the City of Atlantic Beach, Duval County,Florida,in accordance with Section 125.68,Florida
Statutes.
SECTION 6. This ordinance shall become effective on the date passed and enacted by fmal
reading. Upon the effective date of this Ordinance, the change in zoning classification shall be
recorded on the official Zoning Map as maintained in the Building, Zoning and Community
Development Department by the Community Development Director or designated administrative
official
Ordinance 90-03-181 Page 2
B~c.1149U Page 179'9ool~
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 14th day of April,2003.
Passed on final reading and public hearing this 28(f April,2003.8~~~~ ~
JO SERVE
Ma esi ' ng Officer
3 -~~s; ,.r ~,(,{~ ~ ~~~
7JC.:
y„;.~ :.fit. ~ . ~ ~ „~
r.
1 ,L'. r
F_ r;; ..ed
I~~.as t form and correctness: ~ .~ ;t~ -- ;r ~t( f •, ,
C. SEN, t ~ ~ ,
ESQUIRE . tl~;j~~ ' ~toy ~,;~ "~
ra ti}k Attest: aJ °C1ty W ,
MA EN
KING City Clerk
Ordinance 90
03-181 Page 3 of 3
EXI3IBIT A
Legal Description
Duval County RE X172376 0000 {0.62 acme);RE #172376 1000 (2.42 acres);RE172386
1000 (7.95 acres)
A PART OF GOVEPT~tVIENT LOT 1,SECTION I8,TOWNSHIP 2 SOUTH,RANGE 29 EAST,
DWAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF BEGINNING CObIMENCE AT THE INTERSECTFON OF THE SOUTHERLY
RIGHT OF WAY LINE OF DU7TTON DRIVE (FORMERLY CHURCH ROAD AND FORMERLY
LEVY ROAD EXTENSION, COUNTY ROAD NO.222,AS NOW ESTABLISHED AS A 66 FOOT
RIGHT OF WAY)WITH THE WESTERLY RIGHT OF WAY LINE OF ~ , COURT (A 50
FOOT RIGHT OF WAY AS SHOWN ON THE PLAT OF LAKEVIEW.AS RECORDED IN PLAT
BOOK 41,PAGE 81 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY)AND RUN
SOUTH 00°23' 10"EAST,ALONG SAID WESTERLY RIGHT OF WAY LINE OF LAKEVIEW
COURT,212.00 FEET;THENCE SOUTH 89°49' 10"EAST,ALONG TKE SOUTHERLY
TERMItWS OF SAID LAKEVTEW COURT,25.00 FEET TO THE NORTHWESTERLY CORNER
VIEW;THENCE SOUTH 00°23' 10"EAST,ALONG THE WESTERLYOF LOT 3,SAID LAI~
LINE OF SAID LOT 3,LAI~00.FEET TO THE SOUTHWESTERI;Y CORNER OF
VIEW.75.
SAID LOT 3;THENCE NORTH 89°49' 10"WEST,ALONG THE SOUTHERLY LIlV-E OFLA1~
OFFICIAL RECORDS OF SAID COUNTY IN
tDS DESCRIBED AND RECORDED IN THE
DISTANCE OF211.20 FEET;THENCE SOUTz 00°23'20"EAST,VOLUME 7637,PAGE 888, A
ALONG 1N EASTERLY BOUNDARY LINE OF LANDS DESCRIBED AND RECORDED IN
SAID OFFICIAL RECORDS OF DWAL COUNTY IN VOLUME 4648,PAGE 252, A DISTANCE
OF618.55 FEET; '?'89°36'S0" FEET;THENCE `ORTH 78°HENCE SOUTH WEST,619.86
42°20'0^"10625FEE;';20`02"WEST,70.38 FEET;TfiENC:E NORTI-I WEST, -TI-~
WEST, 39.FEET;THENCE
92 FEET;TI3ENCE NORTH 26°25'S7"WEST. ='2.
NCE NORTH06° .20'.02". 34 NORTH 43°11'40"WEST, 3.96
FEET;THENCE I:44'77.NO~H 2I°14'WEST,:
32~FCE NORTH 35" w~.79.
04 FF~T; 3ENCETH-.4° WEST, 38.FEET;THENCE NORTH 41`40'
56FEET;TI~~'NCE PTORTi3 08°49'32'EAST, FEET; THEI~55°57~
T~8: 56NOI~27'00"
7 °23'
ST. < <.
S4"WEST.30. EAST,54.58 FEET;THENCE SOUTH 8FFE'N~53 -IGE"ITiE1~T;-'3RTI3.30°56'11" .
NCE SOUTH 75°51'06"EAST,27.34 FEET;THENCE SOUTHTI-~
22°14'36"EAST,36.28 FEET;THENCE SOUTH ?6°52'29"EAST,42.19 FEET:TP~
NCESOUTH' 48°55' .I7"EAST,11.75 FEET;THENCE SOUTH 09°40' 20"WEST,27.71
2G"EAST,54:88FEET;'
T'H 47° "EAST,'67.73 FEET;THENCE NORTH 65°39'S8"EAST.88.
FEET;THENCE SOUTH 77°08'31"EAST,354.66 FEET;THENCE NORTH 89°36' S0"
FEET;THENCESOU'53'34."
95
EAST,213.46 FEET;THENCE-NORTH 00°23'10"WEST, 203.14 FEET;THENCE NORTH
89°49'IO"WEST, 240.83 FEET;TI-IDNCE NORTH 44°06'19"WEST,135.
68 FEET; THENCENORTH 02°49'.29"EAST,36.68 FEET; THENCE NORTH 78° 06' 44" E_? ~'?'.
FEET; THENCE 03' 16" WEST,14.80 FEET; THENCE SOUTH 89°36'S0"
WEST,85.OG FEET; THENCE NORTH 00°23' 10" WEST, 77.00 FEET; THENCE SOUTH 89°
36'S0"WEST,28.12 FEET; THENCE NORTH 00°23'IO"WEST,110.00 FEET; THENCE SOUTH
89°36'S0"WEST,16.88 FEET;TI~NCE NORTH 00°23' 10" WEST,99.09 FEET TO A
POINT ON THE PREVIOUSLY DESCRIBED SOUTHERLY RIGHT OF WAY LINE
OF DUTTON DRIVE; THENCE SOUTH 49'IO"EAST,ALONG SAID SOUTHERLY RIGHT OFWAY
75.00 -NORTH 05°
89°
LINE,636.47 EET TO THE
POINT OF BEGINNIlVG.THE ABOVE DESCRIBEDLANDS CONTAIN 10.99 ACRES,
EXHIBIT B
Ordinance 90
03-181 WRITTEN
DESCRIPTION FOR PARADISE PRESERVE PLANNED UNIT
DEVELOPMENT ( PUD)Table
of Contents I.Overview
page 2 II.Suitability/ Compatibility with Surrounding Area
page 2 III. Permitted Uses
page 2 IV. Development Density
page 3 V. Development Standards
page 4 VI.Vegetative and Historical Features
page 7VII.Homeowner' s Association
page 8VIII.Owner' sand Developer' s Commitment
page 8 IX.Anticipated Development Schedule
page 9 X.Variances, Deviations and Waivers
I. Overview
The subject site, comprised of approximately 10.99 acres, is located south of Dutton
Island Road,West and west of Main Street within the City of Atlantic Beach, Florida.
andThe future land use designation for the property is Residential,Low Density (RL),
the current zoning districts are Residential Single Family (RS-1)and Open Rural (
OR).The RL future land use designation allows a maximum of six (6)dwelling units per
net acre. The purpose of this request is to rezone the property to the Planned
order to create private gated community of upUnitDevelopment (PUD)zoning district in a
to 47 homes. The PUD zoning will provide the developer with flexibility and
development alternatives not possible under the standard RS-1 district.The
incorporate amenities such as recreational areas,pedestrian walkways, opendevelopmentwill
entry feature and unified design elements while harmonizingspace,a private street,an
the surrounding residential andwith
conservation uses.II.Suitability/ Compatibility with
parcels adjacent theSurrounding Area The land use designations and zoning districts for to
subject site are as follows.The proposed residential development is compatible
with
surrounding uses.Future Land Use Designations and Zoning Districts for
Adjacent Parcels Direction Future Land Use
Category
Zoning District East RL Residential, Low
Densit RS-1 West CON Ci
of Jacksonville AGR North LDR, CSV Ci
of Jacksonville CSV South RL Residential,
Low Densi RS-1 Source:City of Atlantic Beach Future
Land Use Map,
lists the permitted uses, which are allowed1989III.Permitted Uses The following section
by right within the
Paradise Preserve PUD development. Uses permitted within
Zoning District.Family suites, subject to the limitations set forththe RS-1
in following Section V,a.Recreational facilities of a neighborhood scale
to serve the residential neighborhood. Home occupations in accordance with Section
24
159 of the Land Development Regulations.
EXHIBIT B Page 2 of
IV. Development Density
single-Residential development includes up to forty-seven (47)
family residential dwelling units, and up to fourteen (14)secondary dwelling units, described
as family suites and subject to the limitations as set forth herein.In accordance withthe
City's land development regulations, the area calculated for density purposes
private right-of--ways, and open space,andconsists of includes lot area,
approximately 10.21 acres.The Residential, Low Density future land use designation
permits a maximum density of six (6)dwelling units per net acre.
and the secondary dwellingAccordingly, the proposed single-family residential dwelling units
consistent with the density limitations ofunitsare
the Residential, Low Density category. As further described within Section V,a family suite
a private garage may be constructed on a maximum of fourteen (14)in combination with
following Section V,paragraphlotsin accordance with the limitations and restrictions of
a. be occupied only by a family member of the primaryThe family suite shall
occupant an elderly parent or teenager,or as Family isof the principal dwelling,such as
of the Land Development Regulations. Family suites shalldefined within Section 24-17
not be leased or rented and shall remain in joint ownership with the
beprincipal dwelling. By requiring the occupant of a family suite to a family member,
single-family residential nature of the surrounding land use will be preserved,the
and maximum density will not be exceeded.The following table shows the proposed
acreage for each land use type.Approximately 14% reserved for recreationalof the site is
use and
includes parks, open
space and retention areas.Land Use
Allocation Pro osed Use Number ofAcres
47 sin le famillots
6. 80Private
road openspace (
r-o-w 2.55 Wetlands
0.05Recreation Parks/
0. 86ac.)
73 ac. 1.59
Total 10. 99 EXHIBIT B
Retention 0.
V. Development Standards
Development standards and private covenants and restrictions shall be created to
ensure contextual design elements. -This section describes the various types of
development standards,which shall apply to the Paradise Preserve PUD.
a. Buildings and Lots
The following section sets forth the lot and building requirements for the development.
Lot and Buildin Re .uirements
maximum allowed densit 6 units net acre
maximum area occu ied b buildin s & structures in PUD 35%
maximum im envious surface for individual lots 50%
minimum lot size 55'x 102 5,610 SF
minimum lot width
55 feet
maximum building height (measured from calculated average
grade of lot to highest point of roof structure or parapet, 35 feet
an attachments thereto,excludin chimne s
minimum front setback front-loaded lots 20
feet minimum front setback rear-loaded lots
rectangular shaped lots)10 feet on one side; 5
10 feet minimum side setback (front-loaded feet on other total 15 feet
between buildin s minimum side setback rear-loaded 8~irre lar sha
ed lots 5 feet minimum rear setback
front-loaded lots 15 feet minimum rear
setback rear-loaded lots 20 feet For structures that have a detached garage or a
connected the main structure by a breezeway or some other solid roof connection,garage to
the minimum rear yard and side yard setback shall be 5 feet from the
property line.To accommodate driveway aprons,a minimum setback distance of 20 feet shall be
provided in the yard where garage entries are located.Where applicable, a
minimum 25-foot be maintained from delineated jurisdictionalundisturbed buffer shall
wetlands in St.Johns Riveraccordance with the
Water Management District (SJRWMD) rules and regulations.A family suite on the second floor of a private garage
may be constructed on lots not to exceed a total of fourteen (14)lots, except
that no such family suite shall be constructed on Lots 1 through 6,Lots 9 through 13,or
Lot 7,Lot 14 and Lot 47.Family suites
shall be subject to the following provisions. Maximum building height
for the structure shall be 25 feet.Maximum total floor area of the structure shall
be 75%of the heated
and cooled area of the principal dwelling.Use restrictions that apply to the principal
dwelling shall also apply to the structure
containing the private garage and family
suite.EXHIBIT B Page 4
When in use,a family suite shall be occupied by a family member and shall not be
leased or rented.
A structure containing a private garage and family suite shall remain under the
same ownership as the principal dwelling and shall not be subdivided from the lot
on which the principal structure is located.
b. Buffering,Landscaping and Vegetation
In addition to the open space described above,a minimum 10-foot buffer area (Parcel
C)will be provided along a portion of the eastern project boundary. The open
space located at the project entrance (Parcel B)will be landscaped. Parcel C and Parcel B,
shall privately owned and maintainedinaddition to all other common areas be
by ahomeowner's association or other such entity established ininperpetuity
areas, retentionaccordance with Florida law for the purpose of maintaining common
and stormwater facilities,recreation amenities and facilities and all other privately
owned structures and features. Removal of trees and protected vegetation shall be
in accordance with the requirements of Chapter 23 of the City Code, as may be
amended.No clearing or grading of right-of-ways shall occur prior to
approval of construction site development pursuantplansfor
to Section 24-257.A minimum 25-foot undisturbed buffer
be maintained from delineated jurisdictional wetlands in accordance with theshall
St.Johns River Water Management
District ( SJRWMD) rules and
regulations.c.Digital Network Amenities It is envisioned by the Developer that each unit in
Paradise Preserve will have the option of being served by a common digital network that will
security monitoring system, television/provide services such as a
Intranettelephone/ radio connections, and Internet access, including a neighborhood
the necessary equipment for the network will be housedsystem (NeighborNet).If provided,
a small community hub building, which will be placed a minimum distance of 5in
feet from any line.The described digital network amenities will be locatedresidentiallot
in a utility easement within Parcel C,the buffer along the easternproperty boundary.
At the Developer's option,the hardware and software required to run the system to
each house would be owned and bythe Developer, his and/maintained successor
or
assigns, or another private provider.
d.Entry Signage and Lighting The entrance treatment will include landscape shrubs and
up-lighting. A perimeter fencetreesaswell as decorative ground mounted
or wall with identification signage will be placed at the project entrance (Parcel B).
The sign,which maybe wall-mounted, will be limited to 32 square feet of sign face area and
8 feet in height.If illuminated, the sign shall be externally illuminated
with ground mounted lighting only.Any lighting shall project from the ground onto the sign only,
and shall not be directed towards
any EXHIBIT B Page 5
street or residential lot. Wall columns may also include decorative lighting. Temporary
construction signs will be limited to 6 square feet in area and 8 feet in height, and
removed within fifteen days of completion of construction. Real estate signs advertising
the sale of the premises will be limited to one sign per lot, and such signs will be
limited to 6 square feet in area and 5 feet in height.
e. Vehicular Circulation,Project Access and Parking
aaThe project is to be developed as gated community served by private loop road
A minimum centerline turn radius of 35 feet is proposed near the projectParcel A).
entrance,and aone-way loop is proposed at the terminus of the main road.The
way width for two-way portion of the main road will be 50 feet withright-of-the
20 feet paved curb and gutter section; the right-of-way width for the one
12 feet paved.Theway portion of the road will be 30 feet with
private right-of-way shall be constructed in accordance with City standards,but shall
beowned and maintained in perpetuity by a homeowner's association or
other such entity established in accordance with Florida law for
the purpose of maintaining private streets and sidewalks.A security gate will be provided at
a access system (such aas
Knox emergency vehicles. addition, a secondary emergency
the project entrance, and will feature universal emergency
system)to be used by In
access will be provided via a easement between Lots 41 and 4210-foot
providedadjoining the property to the south.Break-away type fencing shall be
at this project boundary location to
allow emergency vehicles an additional access point to the project.Each dwelling unit shall
provide a minimum of two off-street parking spaces. For those units that
a family as described above,one additional off-streetinclude suite
provided. Off-street overnight parking shall be prohibited. Double frontageparking space shall be
maybe designed with rear entry driveways. It is envisionedLots9 through 13
that the principal structures will face the east-west cul-de-sac road
and the garage structures will be accessed from the main road,which curves along
Lots 22 and 23,principal structures willthe southern boundary of the lots.Regarding corner
face the main road in the same alignment as adjacent lots,and the garage structures may be
accessed from the main road via the secondary front yards to the east (see
site plan).As stated above,a minimum
setback distance of 20-feet shall be provided
where garage entries are located to accommodate driveway aprons.f.Pedestrian Circulation and Recreation/ Open
Amenities foot wide sidewalk will be constructed along bothSpace A 4
sides of the internal street and along the property frontage on Dutton Island
Road. The proposal includes a landscaped park area (Parcel D)located within the
one-way loop described above. This area will contain a mailbox
kiosk structure, gazebo, swing set,and three decorative wooden park benches. Recreational and picnic opportunities will
also be provided within Parcel F,
the retention pond area to
and two decorative wooden park benches will be located here. A third similar site will
be provided along the west side of the private right of way (Parcel A)where it abuts the
adjacent conservation area. Three additional decorative wooden park benches will be
placed in this location (see site plan).
Retentiong.
Retention areas will be located within Parcels E and F. All drainage, retention and
stormwater functions,facilities and structures shall be privately owned and maintained
inhomeowner's association or other such establishedin perpetuity by a entity
accordance with Florida law for the purpose of maintaining common areas,recreation
amenities and facilities and all other privately owned structures and features.
h. Utilities
Water and sewer service to Paradise Preserve will be provided by the City of Atlantic
Beach,and electric power will be provided by the Jacksonville Electric Authority (JEA).
Public utilities will be constructed underground and located within a utility easement(s)
as required by Sections 24-136,24-221(h)and 24-253of the City'
s land development regulations. If determined to be necessary, a lift station will be located
within Parcel B near the project entrance.The lift station will be screened in accordancewith
the
City' s requirements.VI.Vegetative
and Historical Features
Vegetative Communities The site contains four generalized communities, which have been
classified according to the FloridaDepartment of Transportation's Florida Land Use,
System ( FLUCFCS, 1999).The on-site
a.
Cover and Forms Classification
communities are listed and characterized as follows. Please refer to the following for the
community
Residential,. Low Density (FLUCFCSlocationonthesite:Code
110;1.ac.)residential areas withThis category represents less than two54
dwelling units per acre.The vegetation component associated with these
lots is primarily Hardwood-Conifer Mixed as described above,
with areas of open lawns. Hardwood -ConiferMixed ( FLUCFCS
45 This upland classification describes portions of the siteCode 434;7.ac.)
in which neither hardwoods nor conifers achieve a 66 percent crown canopy
Pinus loblolly bay (Gordonia lasianthus~,dominance.The canopy consists of Loblolly pine (
live oak (Quercus virginiana), red bay (Persia borbonia) and slash pine (Pinus elliottii),
with the subcanopy consisting of relatively the same composition. Ground cover is
dominated by saw palmetto ( Serenoa repens), fetter-bush (Lyonia lucida),
Pteridium aquilinurra, and sawbracken fern (
EXHIBIT B Page 7 of
greenbrier (Smilax glaucc~
Reservoirs less than 10 acres (FLUCFCS Code 534; 0.29 ac.)
a small man-This category represents made retention
pond.Wetland Forested Mixed (FLUCFCS Code 630;0.81
present on site is classified as wetlandac.)The dominant wetland community
forested mixed. The dominant vegetation includes slash pine,swamp tupelo (nyssa
Taxodium distichum),biflora), Liquidambarstyraciflua), cypress (
Quercus nigra),red maple (Acer rubrum),wax myrtle (Myrica cerifera),
sylvaticavar.-sweet gum (
water oak (
cinnamon Osmunda cinnamomec~, and Virginia chain fern (
fern (Woodwardia
virginicc~. b.Historical
Resources According to staff at the Florida Department of State Division of Historical
Florida Master Site File contains no listing of archaeological sites orResources DHR),the
historic structures in Section 18,Township 2 South,Range 29 East.One historic cemetery
is listed in the Master Site File,but it is located outside of the project
boundary. VII.Homeowner's
common Parcels F)shall privately ownedAssociation The following areas (A through be
and maintained in perpetuity by ahomeowner's association or other such entity
established in accordance with Florida law for the purpose of maintaining common
areas,recreation amenities and facilities and all other privately owned structures
and
features. Parcel A:private road right
of-way buffer/
Parcel B:
entryway feature Parcel C:buffer along eastern
property bounday Parcel D:mailbox kiosk/
recreation area Parcel E:
retention pond Parcel F:
retention pond/
recreation areaVIII.Owner'sand Developer'
s Commitment The applicant,owner, developer and all assigns and successors in
proceed with the proposed development in accordanceownership hereby agree and stipulate to
with the PUD application,Ordinance 90-03-181,all attachments and
the Site Plan, as adopted by the City Commission ofExhibits to the Ordinance, including
the
City of Atlantic Beach.The developer, all owners, successors and assigns of lands
and parcels described herein shall
to: EXHIBIT B
Page 8 of 10 Ordinance
agree and commit
Provide a written statement of a proposal for completion of the development
according to plans approved by the ordinance,and for continuing operation
and maintenance to such areas, functions and facilities as are not to be
provided,operated or maintained by the City pursuant to written agreement;
and
Bind all successors and assigns in title to any commitments included in the
enacting ordinance, which shall include by reference the application for
rezoning. This shall be clearly reflected in the Covenants and Restrictions of
the PUD, which shall be -recorded with the Clerk of the Courts of Duval
County.
ways,drainage facilities and common areas locatedAll right-of-
PUD are for the common use and benefitwithin the Paradise Preserve of
owned and maintainedall property owners and shall initially be constructed,
by the Applicant, his successors and/ or assigns. The Applicant
shall transfer ownership and maintenance responsibilities to the Paradise
profit corporation establishedPreservePUD Homeowner's Association,anon-
Florida upon completion of constructionunder the laws of the State of
the twentyof such common facilities, or not later than issuance of
25th) of Occupancy for development upon individual lots.fifth (Certificate
The site shall be maintained in a clean and orderly manner in accordance
with all provisions of this PUD and conditions included within
the adopting documents and agreements for commonOrdinance. Legal
or a propertyownership and continued private maintenance by property owners and/
shall meet the requirements of Florida law and the Cityassociation
and Land Development Regulations in effectofAtlantic Beach Zoning,Subdivision
at
the time of establishment.
IX.Anticipated Development Schedule Paradise Preserve will be completed in a single
Construction of project improvements will commence within two months ofphase.
receiving a Development Permit,which is issued in conformity with the approved PUD,
final plat,and construction plans. Anticipated development time of improvements
subdivision
will be six Certificate of Completion shallmonths after commencement. A
be issued upon satisfactory final inspection of the constructed
improvements. Construction of single-family residences will occur as soon.as permit
approvals or completion of development,whichever occurs first. Rate of construction will be
at approximately two houses per month. It is anticipated that the build-out of the project
will be less than three years from initial building permit
issuance.Construction of all development and improvements shall proceed in accordance with
all applicable requirementsof Article IV of
land development regulations.the City' s
EXHIBIT B Page 9 of
X. Variances, Deviations and Waivers
land development regulations, thisAs provided for in Section 24-222 of theCity's
requirements. IncludedPUD proposal varies slightly from City design and construction
in the request are waivers from the following sections of theCity's land
development regulations.Approval of these waivers will not affect public health,safety and
accessory
garage, staff,asemi-detached garage structure that is
welfare. Section 24-17 (definitions for "structure" and "
private"):Per City
to the principal structure solid roof is considered partconnected with a
and shall meet the minimum setback criteriaofthe principal structure
for the principal project,the developer requestsestablished structure. For this
that a semi-detached garage structure be defined as an accessory
structure, which will conform to the same 5-foot minimum side and
rear
setbacks asdetached garages. Section 24-252(h):The developer requests
permission to construct a Loop Street exceeding 1500 feet in length.The
approximately 1571 feet in length.proposed main loop roadway is
The required 50-foot right-of--way width,and 20-foot
topavement width, with curb and gutter are provided. Internal streets are
beprivately owned and maintained in perpetuity
entity. Section 24by ahomeowner' s association or other such
255(e):The developer requests permission to create lots with double street frontage on Lots
9 through 13 due to the irregular shape of the parcel; such lots
will
eventbe allowed rear entry garages to better utilizethe frontage.In the
that additional variances, deviations, and/or waivers are necessary to proceed with the project,
the developer reserves the right to request the granting of suchactions in
accordance with the following sections from the City's land development
47(h):Minor Zoningregulations, as may be amended:Section 24
Variances,Section 24-49:Zoning
133(c): 187:Variances, Section 24-Deviations from PUD Ordinance,and Section 24
Waivers.Upon written request to and approval from the City's Community Development Director
and Building Official, a maximum waiver of 10% yard setbacks mayofrequired be
waived for the sole purpose of saving protected trees or significant
vegetation subject to
Codescompliance with Florida Building
of required setbacks from
delineated jurisdictional wetlands. Signature of
and provision