Exh 7AAGENDA ITEM #7A
APRIL 14, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Proposed Paradise Preserve PUD
SUBMITTED BY: Sonya Doerr, AICP.~
Community Development Director
DATE: March 31, 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 firture land use category, which permits up to six dwelling units
per acre. Roadways are to be maintained as private streets, and sidewalks will be constricted
along both sides of the internal roadway and also along the Dutton Island Road frontage. All
common areas, drainage and stormwater facilities will be constructed 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 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 up to 14 secondary dwellings described as family suites.
The PUD provides for the same restrictions as set forth 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.
The proposed PUD was discussed by the Commission at a March 24th workshop, and changes
offered by the Applicant at that meeting have been incorporated into Exhibit B, the PUD text.
For your review, I have underlined substantive changes and additions since the previous
proposed PUD documents. I have also underlined several sections that were particular topics
of discussion during the workshop.
Staff fords 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
04-14-03 regular meeting
AGENDA ITEM #7A
APRIL 14, 2003
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 were 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
forApri128, 2003.)
ATTACHMENTS: Minutes of the February 18, 2003 Community Development Board
meeting, proposed ordinance and supporting exhibits.
REVIEWED BY CITY MAMA
04-14-03 regular meeting
AGENDA ITEM #7A
APRIL 14, 2003
Minutes of Community Development Baard
February 18, 1003
Page 1
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.
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.
AGENDA ITEM #7A
APRIL 14, 2003
Minutes of Community Development Board
February 18, 1003
Page 1
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 oerr c larified 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 get 20 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 ali 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 corner 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 10 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.
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,
AGENDA ITEM #7A
APRIL 14, 2003
Minutes of Community Development Board
February 18, 1003
Page 3
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 ndividual l 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 1VIr. 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-loaded 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. 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.
AGENDA ITEM #7A
APRIL 14, 2003
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AGENDA ITEM #7A
APRIL 14, 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 PROVIDINGAN EFFECTIVE DATE.
RECITALS
WHEREAS, the City Commission for the City ofAtlantic 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 at 7:15 p.m., and a public hearing and second reading were
held on the 28th day of April, 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 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).
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 NumberREZ-2003-01, and incorporated by
Ordinance 90-03-181 Page 1 of 3
AGENDA ITEM #7A
APRIL 14, 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 frilly 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 maybe 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 #7A
APRIL 14, 2003
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 28th day of April, 2003.
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIlZE
City Attorney
Attest:
MAUREEN KING
City Clerk
Ordinance 90-03-181 Page 3 of 3
AGENDA ITEM #7A
APRIL 14, 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 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 COUNTI~ 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 OF LANDS
DESCRIBED AND RECORDED IN THE OFFICIAL RECORDS OF SAID COUNTY IN VOLUME
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 VOLLnVIE 4648, PAGE 252. a DISTANCE OF
618.55 FEET; THENCE SOUTH 89° 36' S0" WEST, 619.86 FEET; THENCE' NORTH 78° 20'
02" WEST, 70.38 FEET; THENCE NORTH 42° 20' 02" WEST, -106.25 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 2.6° 25' S7" WEST. ?^.56-FEET:
THENCE 1VORT-H 08° 49' 32".'EAST, 79.32~FEET; THENCE NORTH 55° 57~ 35~~ wt,ST. 77.64
:FEET;-THENCE NQRT~I:84° 27' 00" WEST,.38.56 FEET; THENCE NORTH 4I° 40' S9" W'ES:.
30:53 FEET;~THENCE NORTI.3.30° 56' 11" .EAST, 54.58 FEET; THENCE SOU'T'H 8 7 ° ?3' 20"
EAST, 54.6$ 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, 42.19 FEET: Th,.ENCE:
SOUTH 48° 55' .17" EAST, 11.75 FEET; THENCE SOUTH 09° 40' 20" WEST,. 27.7 i FEET;
THENCE SOUTH 47° "53' 34" EAST, 67.73 FEET; THENCE NORTH 65° 39' S8" EAST. 88.95
FEET; THENCE SOUTH 77° 08' 31" EAST, 354.66 FEET; THENCE NORTH 89° 36' S0" EAST,
213.46 FEET; THENCE NORTH 00° 23' 10" WEST, 203.14 FEET; THENCE NORTH 89° 49'
10" 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" E.? ST. 75.00 FEET;
THENCE NORTH 05° 03' 16" WEST, 14.80 FEET; THENCE SOUTH 89° 36' S0" WEST; 85.00
FEET; THENCE NORTH 00° 23' 10" WEST, 77.00 FEET; THENCE SOUTH 89° 36' S0" WEST,
28.12 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 #7A
APRIL 14, 2003
EXHIBIT B
Ordinance 90-03-1 S 1
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 7
VII. Homeowner's Association page 8
VIII. Owner's and Developer's Commitment page 8
IX. Anticipated Development Schedule page 9
X. Variances, Deviations and Waivers page 10
AGENDA ITEM #7A
APRIL 14, 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 six (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 up to
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 amenities such as recreational areas, pedestrian walkways, 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
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 Cit of Jacksonville AGR
North LDR, CSV Cit of Jacksonville CSV
South RL Residential, Low Densit RS-1
Source: City of Atlantic beach ruture Lana use rviap, 1yt57
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 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 10
Ordinance 90-03-181 March 28, 2003
AGENDA ITEM #7A
APRIL 14, 2003
IV. Development Density
Residential development includes up to forty-seven (47) single-family residential
dwelling units, and up to fourteen (14) secondary dwelling units described as family
suites and subiect to the limitations as set forth herein. In accordance with the City's
land development regulations, the area calculated for density purposes includes lot
area, private right-of-ways, and open space, and consists of approximately 10:21 acres.
The Residential, Low Density future land use designation permits a maximum density
of six (6) dwelling units per net acre. Accordingly., the proposed .single-family
residential dwelling units and the secondary dwelling units are consistent with the
density limitations of the Residential, Low Density category.
As further described within Section V, a family suite in combination with a private
~ara~e may be constructed on a maximum of fourteen (14) lots in accordance with the
limitations and restrictions of following Section V, paragraph a. The family suite shall
be occupied only 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. By requiring the occupant
of a family suite to be a family member, the single-family residential nature of the
surrounding land use will 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
EXHIBIT B Page 3 of 10
Ordinance 90-03-181 March 28, 2003
AGENDA ITEM #7A
APRIL 14, 2003
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 Buildn` Re uirernents'
maximum allowed densi 6 units net 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,
& 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 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 garage connected to the main structure
by a breezeway or some other solid roof connection, the minimum rear yard and side
yard setback shall be 5 feet from the property line. To accommodate driveway aprons,
a minimum setback distance of 20 feet shall be provided in the .yard where garage
entries are located. Where applicable, a minimum 25-foot undisturbed buffer shall be
maintained from delineated jurisdictional wetlands in accordance with the St. Johns
River Water Management District (SJRWMD) rules and regulations.
A family suite on the second floor of a private garage may be constructed on lots not to
exceed a total of fourteen (14) lots except that no such family suite shall be
constructed on Lots 1 through 6 Lots 9 through 13 or Lot 7 Lot 14 and Lot 47
Family suites shall be subject to the following provisions.
• Maximum building height for the structure shall be 25 feet.
• Maximum total floor area of the structure shall be 75% of the heated and cooled
area of the principal dwelling.
• Use restrictions that apply to the principal dwelling shall also apply to the structure
containing the private garage and family suite.
EXHIBIT B Page 4 of 10
Ordinance 90-03-181 March 28, 2003
AGENDA ITEM #7A
APRIL 14, 2003
• 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, 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 may be amended.
No clearing or grading of right-of-ways shall occur prior to approval of construction
plans for site development pursuant to 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 will be housed in a small community hub
building, which will be placed a minimum distance of 5 feet from any residential lot
line. The described digital network amenities will 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 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 will
be placed at the project entrance (Parcel B). The sign, which may be 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 of 10
Ordinance 90-03-181 March 28, 2003
AGENDA ITEM #7A
APRIL 14, 2003
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
The project is to be developed as a gated community served by a private loop road
(Parcel A). A minimum centerline turn radius of 35 feet is proposed near the project
entrance, and aone-way loop is proposed at the terminus of the main road. The right-
of-way width for the two-way portion of the main road will be 50 feet with 20 feet paved
curb and gutter section; the right-of-way width for the one-way portion of the road will
be 30 feet with 12 feet paved. The private right-of-way shall be constructed in
accordance with City standards but shall be owned and maintained in perpetuity b~
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 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 will be provided via a 10-foot easement
between Lots 41 and 42 adjoining the property to the south. Break-away type fencing
shall be provided 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 include a family suite as described above, one additional off-street parking
space shall be provided. Off-street overnight parking shall be prohibited. Double
frontage Lots 9 through 13 may be 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 will 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 will 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
EXHIBIT B Page 6 of 10
Ordinance 90-03-181 March 28, 2003
AGENDA ITEM #7A
APRIL 14, 2003
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).
g. Retention
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
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.
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 24-253 of 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 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. Please refer to the following for the community location on the
site:
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 aquilinurr~, and saw
EXHIBIT B Page 7 of 10
Ordinance 90-03-181 March 28, 2003
AGENDA ITEM #7A
APRIL 14, 2003
greenbrier (Smilax glaucc~
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 (Liquidambarstyraciflua), cypress (Taxodium distichum), water
oak (Quercus nigra), red maple (Acer rubrum), wax myrtle (Myrica cerifera), cinnamon
fern (Osmunda cinnamomec~, and Virginia chain fern (Woodwardia virginicc~.
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) 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
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_apphcation 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.
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
EXHIBIT B Page 8 of 10
Ordinance 90-03-181 March 28, 2003
AGENDA ITEM #7A
APRIL 14, 2003
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.
• All right-of-ways, drainage facilities and common areas located within the
Paradise Preserve PUD are for the common use_ and benefit of all property
owners and shall initially be constructed, owned and maintained by the
Applicant, his successors and/or assigns. The Applicant shall transfer
ownership and maintenance responsibilities to the Paradise Preserve PUD
Homeowner's Association, anon-profit corporation established under the laws
of the State of Florida upon completion of construction of such common
facilities, or not later than issuance of the twenty-fifth (25th) Certificate of
Occupancy for development upon individual lots. 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 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 will be completed in a single phase. Construction of project
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 will 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 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 requirements of Article IV
of the City's land development regulations.
EXHIBIT B Page 9 of 10
Ordinance 90-03-181 March 28, 2003
AGENDA ITEM #7A
APRIL 14, 2003
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, asemi-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 a semi-
detached garage structure be defined as an accessory structure, which will
conform to the same 5-foot minimum side and rear setbacks as detached
garages.
• Section 24-252(h): The developer requests permission to construct a Loop
Street exceeding 1500 feet in length. The proposed main loop roadway is
approximately 1571 feet in length. The required 50-foot right-of-way width,
and 20-foot pavement width, with curb and gutter are provided. 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 on Lots 9 through 13 due to the irregular shape of the
parcel; such lots will 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.
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 10 of 10
Ordinance 90-03-181 March 28, 2003
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