Exh 7CAGENDA ITEM #7C
MARCH 10, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Proposed Paradise Preserve PUD
SUBMITTED BY: Sonya Doerr, AICP s',Q
Community Development Director
DATE: March 03, 2003
BACKGROUND: The proposed PUD consists of 10.99 acres located south of Dutton Island
Road and west of Main Street. (See attached Vicinity Map.) The project will contain up to
forty-seven single-family residential lots and associated facilities. The site is located within the
Residential, Low Density future land use category, which permits up to six dwelling units per
acre. The proposed net density for the project is 4.6 units per acre. Roadways are to be
maintained as private streets, and sidewalks will be constructed along both sides of the internal
roadway and also along the Dutton I sland Road frontage. All common areas, drainage and
stormwater facilities will be developed and maintained by the developer, the homeowner's
association or private successors in ownership. Utilities will be underground, and central water
and sewer will be provided.
The project is proposed to be a gated community with primary access from Dutton Island
Road, West. A universal emergency access system will be provided at this entrance, and an
easement will be established between two lots to provide a secondary emergency access
through the adjacent cemetery property to the south.
The application proposes minimum lot sizes of 5,610 square feet with minimum lot width of 55
feet. A 25-foot undisturbed buffer shall be maintained between development and jurisdictional
wetland lines, and a 10-foot buffer will be maintained along the eastern boundary of the
project. Several small recreation areas with benches and picnic tables are provided, and a
pocket park with children's play equipment is proposed within the roadway loop.
Uses are limited to single-family residential, home occupations in accordance with such
provisions of the Land Development Regulations, and typical accessory structures. The
application also requests approval of "family suites" that would be constructed in association
with detached garages, similar to garage apartments as addressed in Section 24-88. (The
application provides for the same restrictions as in Section 24-88, except that the PUD
expressly limits these to occupancy by family members only and no lease or rental of such
suites.)
AGENDA ITEM #7C
MARCH 10, 2003
Staff finds the proposed PUD to be consistent with the Comprehensive Plan as well as with the
PUD regulations as set forth within Division 6 of the Land Development Regulations, and
accordingly, recommends approval of the proposed PUD. The Community Development
Board considered the rezoning application at the February 18, 2003 meeting and unanimously
recommended approval subject to several minor changes, which have been incorporated into
the application.
BUDGET: No budget issues.
RECOMMENDATION: Motion to approve Ordinance Number 90-03-181 upon first
reading, which shall establish the Paradise Preserve PUD (File Number REZ-2003-01), a
rezoning to Planned Unit Development for lands as described within attached Exhibit A,
adopting the proposed ordinance, application and supporting documents, and all terms and
conditions as set forth therein. (Public hearing for second reading and final action is scheduled
for March 24, 2003.)
ATTACHMENTS: Minutes of the February 18, 2003 Community Development Board
meeting, proposed ordinance and sunnortin~ exhibits.
REVIEWED BY CITY
2
AGENDA ITEM #7C
'~ MARCH 10, 2003
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AGENDA ITEM #7C
MARCH 10, 2003
ORDINANCE NUMBER: 90-03-181
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 10th day of March, 2003 at 7:15 p.m., and a public hearing and second reading was
held on the 24th day of March, 2003 at 7:15 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 1ZEZ 2003-O1) 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).
SECTION 2. That development of the lands within 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 apart ofFile Number 1ZEZ-2003-01, and incorporated by
Ordinance 90-03-181 Page 1 of 3
AGENDA ITEM #7C
MARCH 10, 2003
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:
1. The request for rezoning has been fully considered after public hearing with legal notice duly
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 final
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 of 3
AGENDA ITEM #7C
MARCH 10, 2003
Passed on first reading and public hearing by the City Commission of the City of Atlantic
Beach this 10th day of March, 2003.
Passed on final reading and public hearing this 24th day of March, 2003.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN G JENSEN, ESQUIRE
City Attorney
Attest:
MAUREEN KING
City Clerk
Ordinance 90-03-181 Page 3 of 3
AGENDA ITEM #7C
MARCfI 10, 2003
EXHIBIT A
Legal Description
Duval County RE #172376 0000 (0.62 acre); RE #172376 1000 (2.42 acres); RE #172386
1000 (7.95 acres)
A PART OF GOVERNMENT LOT 1, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST,
DUVAL COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POINT OF BEGINNING COMMENCE AT THE INTERSECTFON OF THE SOUTHERLY
RIGHT OF WAY LINE OF DUTTON 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 LAKEVIEW,COURT (A SO
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 COUN'T`Y) 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 THE SOUTHERLY
TERMINUS OF SAID LAKEVIEW COURT, 25.00 FEET TO THE NORTHWESTERLY CORNER
OF LOT 3, SAID LAKEVIEW; THENCE SOUTH 00° 23' 10" EAST, ALONG THE WESTERLY
~. LINE OF SAID LOT 3, LAKEVIEW. 75.00 FEET TO THE SOUTHWESTERLY CORNER OF
SAID LOT 3; THENCE NORTH 89° 49' 10" WEST, ALONG THE SOUTHERLY LINE Ofi LANDS
DESCRIBED AND RECORDED IN THE OFFICIAL RECORDS OF SAID COUNTY IN VOLUNIE
7637, PAGE 888, A DISTANCE OF 211.20 FEET; THENCE SOUT;; 00° 23' 10" EAST; ALONG
AN EASTERLY BOUNDARY LINE OF LANDS DESCRIBED AND RECORDED IN SAID
OFFICIAL RECORDS OF DWAL COUNTY IN VOLU?VIE 4648, PAGE 252. A DISTANCE OF
618.55 FEET; THENCE SOUTH 8}° 36' S0" WEST; 619.86 FEET; THENCE `FORTH 78° 20'
~` 02" WEST, 70.38 FEET; THENCE NORTH 42° 20' 02" WEST,10625 FEET; THENCE NORTH
06° .20' 02".WEST, 39.34 FEET; THENCE NORTH 43° 11' 40" WEST, 3.96 FEET; THENCE
NORTH 21° 14' 44" WEST,.-77.92 FEET; THENCE NORTH 26° 25' S7" WEST. •32.56 FEET;
THENCE NORTH 08° 49' 32" EAST, 79.32'FEET; THENCE NORTH 55= 5 r J J W .~~ 1 . 7 ~ .04
•FF~'T; THENCE NORTH:84° 2?' 00" WEST, 38.56 FEET; THENCE NORTH 41° 40' S9" WEST,
30.53~'EET;"THEIVGE"NC7RTH.30° 56' I1".EAST, 54.58 FEET; THENCE SOLrI'I-I 87° 23' 2C"
EAST, 54:68 FEET; THENCE SOUTH 75° 51' 06" EAST, 27.34 FEET; THENCE SOUTH 2?°
14' 36" EAST, 36.28 FEET; THENCE SOUTH 7 6° 52' 29" EAST; 42. I9 FEET: TIs,.ENCE
SOUTH 48° 55' .17" EAST, 11.75 FEET; THENCE SCIUTH 09° 40' 20" WEST, 27.7 i FEET;
THENCE SOUTH 47°"53' 34" EAST,-67.73 FEET; THENCE NORTH 65° 39'.58" EAST. 88.95
FEET; THENCE SOUTH 77° 08' 31" EAST, 354.66 FEET; THENCE NORTH 89° 36' SO" EAST,
213.46 FEET; THENCE NORTH 00° 23' 10" WEST, 203.14 FEET; THENCE NORTH 89° 49'
IO" WEST, 240.83 FEET; THENCE NORTH 44° 06' 19" WEST, 135.68 FEET; THENCE
NORTH 02° 49'..29" EAST, 36.68 FEET; THENCE NORTH 78° 06' 44" EAST, 75.00 FEET;
THENCE NORTH 05° 03' 16" WEST, 14.80 FEET; THENCE SOUTH 89° 36' S0" WEST; 85.CG
FEET; THENCE NORTH 00° 23' 10" WEST, 77.00 FEET; THENCE SOUTH 89° 36' S0" WEST,
28. I2 FEET; THENCE NORTH 00° 23' 10" WEST, 110.00 FEET; THENCE SOUTH 89° 36' S0"
WEST, 16.88 FEET; THENCE 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 89° 49' 10" EAST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 636.47
FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED LANDS CONTAIN 10.99 ACRES, MORE OR LESS.
AGENDA ITEM #7C
NIARCI~ 10, 2003
EXHIBIT B
Ordinance 90-03-181
WRITTEN DESCRIPTION FOR
PARADISE PRESERVE PLANNED UNIT DEVELOPMENT (PUD)
March 24, 2003
Table of Contents
I. Overview page 2
II. Suitability/Compatibility with Surrounding Area page 2
III. Permitted Uses page 2
IV. Development Density page 2
V. Development Standards page 3
a. Buildings and Lots .page 3
b. Buffering, Landscaping and Vegetation page 4
c. Digital Network Amenities page 4
d. Entry Signage and Lighting page 5
e. Vehicular Circulation, Project Access and Parking page 5
f. Pedestrian Circulation and
Recreation/ Open Space Amenities page 5
g. Retention page 6
h. Utilities page 6
VI. Vegetative and Historical Features page 6
a. Vegetative Communities page 6
b. Historical Resources page 7
VII. Homeowner's Association page 7
VIII. Owner's and Developer's Commitment page 7
IX. Anticipated Development Schedule page 8
X. Variances, Deviations and Waivers page 8
AGENDA ITEM #7C
MARCH 10, 2003
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. The future land use
designation for the property is Residential, Low Density (RL), and the current zoning districts are
Residential Single Family (RS-1) and Open Rural (OR). The RL future land use designation allows
a maximum of 6 dwelling units per net acre. The purpose of this request is to rezone the property
to the Planned Unit Development (PUD) zoning district in order to create a private gated
community of 47 homes. The PUD zoning will provide the developer with flexibility and
development alternatives not possible under the standard RS-1 district. The development will
incorporate pedestrian amenities such as recreational areas, open space, a private street, an entry
feature and unified design elements while harmonizing with the surrounding residential and
conservation uses.
II. Suitability/Compatibility with Surrounding Area
The land use designations and zoning districts for parcels adjacent to the subject site areas follows.
The proposed residential development is compatible with surrounding uses.
Future Land Use Designations and Zoning Districts for Adjacent Parcels
Direction Future Land Use Cate ory Zonn District
East RL Residential, Low Density RS-1
West CON (City of Jacksonville) AGR
North LDR, CSV (City of
Jacksonville) CSV
South RL Residential, Low Density) RS-1
Source: City of Atlantic Beach Future Land Use Map, 1989
III. Permitted Uses
The following section lists the permitted uses, which are allowed by right within the Paradise
Preserve PUD development.
• Uses permitted within the RS-1 Zoning District.
• Family suites, subject to the limitations set forth in Section V below.
• Recreational facilities of a neighborhood scale to serve the residential neighborhood.
• Home occupations in accordance with Section 24-159.
IV. Development Density
Residential development includes forty-seven (47) dwelling units at a net density of 4.6 units per
acre, which is below the maximum density of six (6) units. per acre allowed by the RL future land
use designation. In accordance with the City's land development regulations, the area calculated
for density purposes includes lot area, privateright-of--ways, and open space (approximately 10.21
acres). All uses except retention and wetlands are considered for this calculation.
EXHIBIT B Page 2 of 9
Ordinance 90-03-181 February 27, 2003
AGENDA ITEM #7C
MARCH 10, 2003
As described in Section V below, a family suite in combination with a private garage may be
constructed on each lot as an accessory use. The family suite may only be occupied by a family
member of the primary occupant of the principal dwelling, such as an elderly parent or teenager or
as Family is defined within Section 24-17 of the Land Development Regulations. Family suites
shall not be leased or rented and shall remain in joint ownership with the principal dwelling. The
family suite shall not count as an additional dwelling unit. By requiring the occupant of a family
suite to be a family member, the single-family residential nature of the surrounding land use shall
be preserved, and maximum density will not be exceeded.
The following table shows the proposed acreage for each land use type. Approximately 14% of the
site is reserved for recreational use and includes parks, open space and retention areas.
Land Use Allocation
Pro osed Use Number of Acres
47 sin le famil lots 6.80
Private road r-o-w 2.55
Wetlands 0.05
Recreation
Parks/open space (0.86 ac.)
Retention 0.73 ac.) 1.59
Total 10.99 acres
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 table lists the proposed lot and building requirements for the development.
Lot and Buildin Re uirements
Maximum allowed densi 6 units/acre
Maximum area occu ied b buildin s & structures in PUD 35%
Maximum im ervious 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,
and an attachments thereto, excludin chimne s)
35 feet
Minimum front setback front-loaded lots) 20 feet
Minimum front setback rear-loaded lots 10 feet
Minimum side setback (front-loaded rectangular shaped lots) 10 feet on one side; 5 feet on other
total 15 feet between buildin s}
Minimum side setback rear-loaded & irre ular sha ed lots 5 feet
Minimum rear setback front-loaded lots) 15 feet
Minimum rear setback rear-loaded lots 20 feet
EXHIBIT B Page 3 of 9
Ordinance 90-03-181 February 27, 2003
AGENDA ITEM #7C
MARCH 10, 2003
For s tructures t hat h ave a d etached g arage o r a g arage c onnected t o t he m ain s tructure by a
breezeway or some other solid roof connection, the minimum rear yard and side yard setback shall
be 5 feet from the property line. To accommodate driveway aprons, a minimum setback distance of
20 f eet s hall b e p rovided i n t he y and w here g arage e ntries are located. Where applicable, a
minimum 25-foot undisturbed buffer shall be maintained from delineated jurisdictional wetlands in
accordance with the St. Johns River Water Management District (SJRWMD) rules and regulations.
A family suite on the second floor of a private garage may be constructed on each lot subj ect 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.
• When in use, a family suite shall be occupied by a family member and shall not be leased or
rented; the family suite will serve as an accessory to the principal dwelling and shall not count
as an additional dwelling unit.
• 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) shall be
provided along a portion of the eastern project boundary. The open space located at the project
entrance (Parcel B) shall be landscaped. Parcel C and Parcel B, in addition to all other common
areas shall be privately owned and maintained in perpetuity by a homeowner's association or other
such entity established in accordance with Florida law for the purpose of maintaining common
areas, retention 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 maybe amended. No clearing or grading
of right of ways shall occur prior to approval of construction plans for site development per Section
24-257. A minimum 25-foot undisturbed buffer shall be maintained from delineated jurisdictional
wetlands in accordance with the St. Johns River Water Management District (SJRWMD) rules and
regulations.
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 provide services such as a security monitoring
system, television/ telephone% radio connections, and Internet access, including a neighborhood
Intranet system (NeighborNet). If provided, the necessary equipment for the network shall be
housed in a small community hub building, which shall be placed a minimum distance of 5 feet
from any residential lot line. The described digital network amenities shall be located in a utility
easement within Parcel C, the buffer along the eastern property boundary. At the Developer's
option, the hardware and software required to run the system to each house would be owned and
EXHIBIT B Page 4 of 9
Ordinance 90-03-181 February 27, 2003
AGENDA ITEM #7C
MARCH 10, 2003
maintained by the Developer, his successor and/or assigns, or another private provider.
d. Entry Signage and Lighting
The entrance treatment will include landscape shrubs and trees as well as decorative ground
mounted up-lighting. A perimeter fence or wall with identification signage shall be placed at the
project entrance (Parcel B). The sign, which maybe wall-mounted, shall 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 street or residential lot. Wall columns may also include
decorative lighting. Temporary construction signs shall 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 shall be limited to one sign per lot, and such signs shall be
limited to 6 square feet in area and 5 feet in height.
e. Vehicular Circulation, Project Access and Parking
The project is to be developed as a gated community served by a private road (Parcel A). A
minimum centerline turn radius of 35 feet is proposed near the project entrance, and aone-way loop
(cul-de-sac) is proposed at the terminus of the main road. The right-of--way width for the two-way
portion of the main road shall be 50 feet with 20 feet paved curb and gutter section; the right-of-
way width for the one-way portion of the road shall be 30 feet with 12 feet paved. The private right
of way shall be owned and maintained in perpetuity by a homeowner's association or other such
entity established in accordance with Florida law for the purpose of maintaining private streets and
sidewalks.
A security gate shall be provided at the project entrance, and will feature a universal emergency
'" access system (such as a Knox system) to be used by emergency vehicles. In addition, a secondary
emergency access shall be provided via a 10-foot easement between Lots 41 and 42 adjoining the
property to the south. Breakaway type fencing shall be provided at this prof ect boundary location to
rW 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
include a family suite as described above, one additional off-street parking space shall be provided.
Double frontage Lots 9 through 13 maybe designed with rear entry driveways. It is envisioned
that the principal structures will face the east-west cul-de-sac road and the garage structures shall be
accessed from the main road, which curves along the southern boundary of the lots. Regarding
corner Lots 22 and 23, principal structures will 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 Space Amenities
A 4-foot wide sidewalk shall be constructed along both 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 the north of the
property. Two picnic tables and two decorative wooden park benches shall be located here. A third
EXHIBIT B Page 5 of 9
Ordinance 90-03-181 February 27, 2003
AGENDA ITEM #7C
MARCH 10, 2003
similar site shall 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 shall be
placed in this location (see site plan).
g. Retention
Retention areas are located within Parcels E and F. All drainage, retention and s tormwater
functions, facilities and structures shall be privately owned and maintained in perpetuity by a
homeowners 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.
h. Utilities
Water and sewer service to Paradise Preserve shall be provided by the City of Atlantic Beach, and
.. electric power shall be provided by the Jacksonville Electric Authority (JEA). Public utilities shall
be constructed underground and located within a utility easement(s) as required by Sections 24-136,
24-221(h) and 24-253 of the City's land development regulations. If determined to be necessary, a
lift station shall be located within Parcel B near the project entrance. The lift station shall be
screened in accordance with the City's requirements.
VI. Vegetative and Historical Features
-- a. Vegetative Communities
The site contains four generalized communities, which have been classified according to the Florida.
Department of Transportation's Florida Land Use, Cover and Forms Classification System
(FLUCFCS, 1999). The on-site communities are Listed and characterized as follows.
Residential, Low Density~FLUCFCS Code 110; 1.54 ac.)
This category represents residential areas with less than two 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 -Conifer Mixed FLUCFCS Code 434; 7.45 ac.)
This upland classification describes portions of the site in which neither hardwoods nor conifers
achieve a 66-percent crown canopy dominance. The canopy consists of Loblolly pine (Pinus
loblolly bay (Gordonia lasianthus), 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), bracken
fern (Pteridium aquilinum), and saw greenbrier (Smilax glauca)
Reservoirs less than 10 acres (FLUCFCS Code 534; 0.29 ac.)
This category represents a small man-made retention pond.
Wetland Forested Mixed (FLUCFCS Code 630. 0.81 ac.)
The dominant wetland community present on site is classified as wetland forested mixed. The
dominant vegetation includes slash pine, swamp tupelo (nyssa sylvatica var.-biflora), sweet gum
(Liquidambar styraciflua), cypress (Taxodium distichum), water oak (Quercus nigra), red maple
(Ater rubrum), wax myrtle (Myrica cerifera), cinnamon fern (Osmunda cinnamomea), and Virginia
EXHIBIT B Page 6 of 9
Ordinance 90-03-181 February 27, 2003
AGENDA ITEM #7C
MARCH 10, 2003
chain fern (Woodwardia virginica).
b. Historical Resources
According to staff at the Florida Department of State Division of Historical Resources (DHR), the
Florida Master Site File contains no listing of archaeological sites or 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 Association
The following common areas (Parcels A through F) are to be privately owned and maintained in
perpetuity by a homeowner's association or other such entity established in accordance with Florida
law for the purpose of maintaining common areas, recreation amenities and facilities and all other
privately. owned structures and features.
• Parcel A: private road right of way
• Parcel B: buffer/entryway feature
• Parcel C: buffer along eastern property boundary
• Parcel D: mailbox kiosk/recreation area
• Parcel E: retention pond
• Parcel F: retention pond/recreation area
VIII. Owner's and Developer's Commitment
The applicant, owner, developer and all assigns and successors in ownership hereby agree and
stipulate to proceed with the proposed development in accordance with the PUD application,
Ordinance 90-03-181, all attachments and Exhibits to the Ordinance, including the Site Plan, as
adopted by the City Commission of the City of Atlantic Beach. Further, the developer, all owners,
successors and assigns of lands and parcels described herein shall agree and commit to:
• Provide a written statement of a proposal for completion of the development according to plans
approved b y t he o rdinance, and f or c ontinuing o peration a nd m aintenance 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.
• All right of ways, drainage facilities and common areas located within the Paradise Preserve
PUD for the common use and benefit of all property owners shall initially be constructed,
owned and maintained by the Applicant, his successors and/or assigns. Upon completion of
construction of such common facilities and at the time established b y t he H omeowner's
Association documents, the Applicant will transfer ownership and maintenance responsibilities
to the Paradise Preserve PUD Homeowner's Association, anon-profit corporation established
under the laws of the State of Florida. The site shall be maintained in a clean and orderly
manner in accordance with all provisions of this PUD and conditions included within the
EXHIBIT B Page 7 of 9
Ordinance 90-03-181 February 27, 2003
AGENDA ITEM #7C
MARCH 10, 2003
adopting Ordinance. Legal documents and agreements for common ownership and continued
private maintenance by property owners and/or a property association shall meet the
requirements of Florida law and the City of Atlantic Beach Zoning, Subdivision and Land
Development Regulations in effect at the time of establishment.
IX. Anticipated Development Schedule
Paradise Preserve shall be completed in a single phase. Construction of prof ect improvements will
commence within two months of receiving a Development Permit, which is issued in conformity
with the approved PUD, final subdivision plat, and construction plans. Anticipated development
time of improvements shall be six months after commencement. A Certificate of Completion shall
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 shall beat approximately two houses per month. It is
anticipated that the build-out of the proj ect shall be less than three years from initial building permit
issuance. Construction of all development and improvements shall proceed in accordance with all
applicable requirements of Article N of the City's land development regulations.
X. Variances, Deviations and Waivers
As provided for in Section 24-222 of the City's land development regulations, this PUD proposal
varies slightly from City design and construction requirements. Included in the request are waivers
from the following sections of the City's land development regulations. Approval of these waivers
will not affect public health, safety and welfare.
• Section 24-17 (definitions for "Accessory Structure" and "Garage, Private"): Per City staff, a
semi-detached garage structure that is connected to the principal structure with a solid roof is
considered part of the principal structure and shall meet the minimum setback criteria
established for the principal structure. For this project, the developer requests that asemi-
detachedgarage structure be defined as an accessory structure, which will conform to the same
S-foot minimum side .and rear setbacks as detached garages.
• Sections 24-136(e), 24-221(a) and 24-252(h): The developer requests a reduction of the City's
minimum pavement width requirement from 24 feet to 20 feet. Local streets within the project
will conform to all other standards and requirements, including those for minimumright-of--way
widths. Internal streets are to be privately owned and maintained in perpetuity by a
homeowner's association or other such entity.
• Section 24-255(e): The developer requests permission to create lots with double street frontage
due to the irregular shape of the parcel; such lots shall be allowed rear entry garages to better
utilize the frontage.
In the event that additional variances, deviations, and/or waivers are necessary to proceed with the
project, the developer reserves the right to request the granting of such actions in accordance with
the following sections from the City's land development regulations, as may be amended: Section
24-47(h): Minor Zoning Variances, Section 24-49: Zoning Variances, Section 24-133(c):
Deviations from PUD Ordinance, and Section 24-187: Waivers.
EXHIBIT B Page 8 of 9
Ordinance 90-03-181 February 27, 2003
AGENDA ITEM #7C
MARCH 10, 2003
Upon written request to and approval from the City's Community Development Director and
Building Official, a maximum waiver of 10% of required yard setbacks may be waived for the sole
purpose of saving protected trees or significant vegetation subject to compliance with Florida
Building Codes and provision of required setbacks from delineated jurisdictional wetlands.
Signature of Owner /Developer Date
EXHIBIT B Page 9 of 9
Ordinance 90-03-181 February 27, 2003
AGENDA ITEM #7C
MARCH 10, 2003
DRAFT -Minutes of Community Development Board
February 18, 2003
Page I
~RAFr
c. REZ-2003-01, Paradise Preserve PUD, Bestcon, Inc. Request to rezone approximately
10.99 acres to Planned Unit Development (PUD) to permit a proposed development
containing up to forty-seven (47) single-family homes, private roadways and associated
amenities and facilities
Mr. Jacobson expressed concern to the City Attorney about a possible conflict of interest. City
Attorney Alan Jensen advised that there was no conflict of interest as long as Mr. Jacobson did
not receive any pecuniary gain from the granting or denial of this item.
Mr. Paul Nichols introduced himself and stated that he was the president of Bestcon, Inc. He
stated that this will be the third subdivision he has developed in the area, the first being Paradise
' Cove and the second being Hidden Paradise. He stated that these subdivisions have been built
west of Mayport Road in the theoretical blighted area. He further stated that he has purchased
approximately 11 acres off Dutton Island Road for this new subdivision.
Mr. Burkhart asked when the setbacks would be determined and where the rear garages were
going to be located. Ms. Doerr advised that the proposed setbacks set forth within the PUD text,
and that the applicant has requested modifications to certain typical setbacks within the PUD
application. Mr. Burkhart asked how many houses were going to require a variance. Mr.
Nichols advised that he was having a difficult time locating house plans to fit the lot size. He
stated that he has seven plans, which they have successfully sold in Hidden Paradise, but he was
looking for the opportunity to do different types of homes on some of the lots. Ms. Doerr
informed the Board that Bestcon would be bound by the 50% impervious surface limit on each
lot, and also the 35% maximum area occupied by buildings and structures for the entire project.
She stated that in a PUD, the Board should consider the entire project and determine if it meets
the low density Comprehensive Plan designation rather than consider individual lots.
Mr. Grunewald asked about sidewalks and curbs. Ms. Doerr responded that curb and gutter
street sections are proposed and that the regulations require sidewalks. Mr. Nichols advised that
he would build sidewalks on both sides of the street and would also have a sidewalk along the
Dutton Island Road frontage. He further advised that he envisioned this as a gated community
with private roads and that the project would connect into city water and sewer.
Mrs. Walker asked why Mr. Nichols was contemplating detached garages with family suites. Mr.
Nichols responded that he had many buyers who were potentially looking to take care of their
elderly parents or older children and would like mother-in-law suites that could provide for some
privacy. He stated that these would not be used for rental units and could only be used by family.
Mr. Wolfson expressed his concern with reducing the requirement of a 7,500 square foot lot in
low density, single-family zoning district. Mr. Wolfson calculated that approximately 45.3
homes would fit in this acreage accounting for roads, retention ponds, etc., if the 7,500 square
foot minimum were maintained. He stated that he would be more inclined to support a
conventional residential neighborhood and was opposed to reducing the lot sizes and setbacks.
AGENDA ITEM #7C
MARCH 10, 2003
DRAFT -Minutes of Community Development Board
February 18, 2003
Page 1
Mr. Nichols stated that this was a peculiar piece of property and does not lend itself to a normal
layout of streets. He stated that they were being held to standards of maintaining a maximum
amount o f i mpervious a rea and t hey are n of going t o exceed t hat, a nd t hey would h andle a 11
drainage on site.
Mr. Wolfson e xpressed concern t hat t he p lat d id n of c ontain e nough i nformation. M s. D oerr
advised that this was a just master site plan of the entire PUD for the purpose of the rezoning
application, and not a plat. If approved, the plat will come back to the Board for their review and
recommendation to the City Commission.
Ms. D oen c larlfied t hat f or a P UD, t he m aster site p lan, t he t ext d escribing t he d evelopment
plan, and all the restrictions and Lot and Building Requirements contained in those documents
would be part of the ordinance that creates the PUD and would be binding to the applicant, any
other developer and future owners.
Mr. Nichols described the lots as follows:
1) Lots 1-7 would all be front loaded garages and Would get20 feet.
2) Lots 9, 10, 11, 12 and 13 have the opportunity to be rear-loaded garages and the house could
be situated closer to the front with the driveway in the rear. In this case the house would be 20
feet from the rear property line.
3) Lots 14, 15, 16, 17 18, 19, 20, 21, 24-47 would all be front loaded garages and would be 20
feet from the front.
4) Lots 22 and 23 have the opportunity to have side-loaded garages.
Mr. Nichols advised that the average price of the 18 interior lots would be in excess of $220,000.
In response to a question from Mr. Grunewald, Mr. Nichols advised that the width of the road
pavement would be 20 feet and would narrow in the one-way loop down to 12 feet, but that the
right-of--way for the main road would be a 50-foot wide curb and gutter design.
Ms. Doerr advised that this property was designated Residential, Low density by the
Comprehensive Plan, and it was her opinion that a PUD was the appropriate way to develop this
property. She stated that there were provisions that can be required in a PUD that cannot be
required in a normal RS-1 or RS-2 zoning district.
Mr. Frohwein commended Mr. Nichols for his previous work. Mr. Frohwein expressed concern
with comer lots. Mr. Nichols stated that the corner lots were addressed on page 5, the fourth
paragraph. Mr. Frohwein stated that Lots 1, 13 and 14 were not addressed, and he would request
that the minimum set back be Z O feet.
Mr. Burkhart asked Mr. Nichols if he would find it oppressive if the Board asked him to amend
his request for a minimum five feet foot setback to provide an aggregate side setback of 15 feet.
Mr. Nichols responded that this would limit him with regard to larger house plans. He stated that
the extra feet allows him the opportunity to build a house that is different since he would Like to
be able to build a wider house on some lots.
AGENDA ITEM #7C
MARCH 10, 2003
DRAFT -Minutes of Community Development Board
Febn~ary 18, 1003
Page 3
Mr. Jacobson asked who would be responsible for the lift station. Mr. Nichols responded that the
City would take over the lift station, but that he would be responsible for building the lift station
to the City's specifications.
Mr. Wolfson again expressed concern with regard to reducing setbacks. Mr. Nichols stated that
in a PUD, the rules were all the same in that one neighborhood. He further stated that his project
is still held is the maximum 50 percent impervious surface on each lot. If held to that standard,
then changing the setbacks should not be an issue since they will be the same throughout the
community. Mr. Nichols stated that he is trying to keep it uniform, and still have some flexibility
so that houses will not all look the same.
Mr. Jacobson asked Ms. Doerr to expound on her statement that a PUD was the preferred way to
develop this property. Ms. Doerr responded that the PUD allows us to look at the whole 11-acre
piece of property at one time prior to any development and apply binding standards to that entire
property that would be address unique issues and result in a more unified and a better project. If
you read through the various provisions in the documents, there are standards to address
buffering and landscaping, wetland buffers, recreation, signs, lighting and access. The developer
has proposed a gated community, and has agreed to provide a universal emergency access
system. With a regular subdivision, we are looking only at streets and lots and whatever
permitting the water management district requires. We have more ability to control future
development of a piece of property in a PUD, and to determine if the overall development that is
proposed is consistent with our Comprehensive Plan. Based upon the standards we have in our
Comp Plan, I believe that it is.
Ms. Doerr stated that it does not concern her to vary the setbacks with a PUD provided that we
continue t o t imit t he i mpervious a rea o n i ndiviciual 1 ots t o 5 0 p ercent i mpervious. The P UD
regulations s pecifically allow p roj ects t o a sk f or d ifferent s etbacks t han i n t he r egular z oning
districts. She further stated that on a unified project, she did not have concerns with modified
setbacks since they will be consistent for that whole project.
Mr. Jenkins advised that he was in favor of this PUD and understood concerns with regard to
setbacks, but that the underlying responsibility was to be consistent with the Comprehensive
Plan, meeting impervious requirements, and having a prudent builder to put forth the effort of
curbs and other items.
A motion was made by Mr. Burkhart and seconded by Mr. Wolfson to recommend to the
City Commission approval of the PUD as proposed with the changes incorporated in Staff
recommendations and clarification that:
1. Lots 9-13 are the only lots to have rear-Ioaded garages and, therefore, the potential
fora 10-foot front yard setback; and
2. All of the rectangular lots be held to the 5-foot minimum, 15-foot combined side
yard requirements with the balance of the lots as proposed in the application.
Ms. Doerr suggested that a table be placed on the master site plan indicating the requirements of
each .lot, and requested that the Board include the proposed findings of fact in the
recommendation.
AGENDA ITEM #7C
MARCH 10, 2003
DRAFT -Minutes of Community Development Board
February 18, 2003
Page 4
Mr. Wolfson requested that, for clarification purposes the minimum side and rear yard
setbacks of each lot be indicated in the rezoning application and on the site plan, and that
the findings be incorporated into the motion. Ms. Doerr advised that she would ask the
applicant to make these changes. The vote was called and the motion passed by unanimous
approval.
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