Exh 7AAGENDA ITEM #7A
APRIL 28, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION STAFF REPORT
AGENDA ITEM: Proposed Paradise Preserve PUD
SUBMITTED BY: Sonya Doerr, AICP ~.~
Community Development Director
DATE: April 15, 2003
BACKGROUND: The proposed PUD was approved upon first reading at the April 14, 2003
meeting. A clean final PUD document is attached.
BUDGET: No budget issues.
RECOMMENDATION: Motion to enact upon final reading Ordinance Number 90-03-181,
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.
ATTACHMENTS: Proposed ordinance and supporting e~diibits.
REVIEWED BY CITY MANAGEB:
04-28-03 regular meeting
AGENDA ITEM #7A
APRIL 28, 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 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 a part of File Number REZ-2003-01, and incorporated by
Ordinance 90-03-181 Page 1 of 3
AGENDA ITEM #7A
APRIL 28, 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 ofFact: The need and justification for approval ofthe 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 #7A
APRIL 28, 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, ESQITIlZE
City Attorney
Attest:
MAUREEN KING
City Clerk
Ordinance 90-03-181 Page 3 of 3
AGENDA ITEM #7A
APRIL 28, 2003
E;~3IBIT A
Legal Description
Duval Couniy RE X172376 0000 (0.62 acre); RE #1'72376 1000 (2.42 acres); RE172386
1000 (7.95 acres)
A PART OF GOVEF:TIMENT LOT 1, SECTION 18, TOWNSHIP 2 SOUTH, RANGE 29 EAST,
DWAL COUNTY, FLORIDA, BEIlVG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FOR A POIlVT OF BEGINNIl~TG CObIitiIENCE AT THE INTERSECTION 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 COUNTY) A.t~TD RUN
SOUTH 00° 23' IO" EAST, ALONG SAID WESTERLY RIGHT OF WAY LINE OF LAKEVIEW
COURT, 212.00 FEET; THENCE SOUTH 89° 49' 10" EAST, ALONG THE SOUTHERLY
TER1V1 tNUS OF SAID LAKEVIEW COURT, 25.00 FEET TO I-~ NORTHWESTERLY CORNER
OF LOT 3, SAID LAI~VIEW; THENCE SOUTH 00° 23' 10" EAST, ALONG THE WESTERLY
LINE OF SAID LOT 3, LAKEVIEW. 75.00. FEET TO THE SOUTHWESTERLY CORNER GF
SAID LOT 3; THENCE NORTH 89° 49' 10" WEST, ALONG THE SOUTHERLY LI1V-E OF LAtYDS
DESCRIBED AND RECORDED IN THE OFFICIAL RECORDS OF SAID COUNTY IN VOLUME
7637, PAGE 888, A DISTANCE OF 211.20 FEET; THENCE SOL~T:z 00° 23' 20" EAST, ALONG
AN EASTERLY BOUNDARY LINE OF LAI~IDS DESCRIBED AND RECORDED LN SAID
OFFICIAL RECORDS OF DWAL COUNTY IN VOLUME 4648, PAGE 252, ~ DISTANCE OF
618.55 FEET; 'T`HENCE SOUTH 89° 36' S0" WEST; 619.86 FEET; THENCE NORTH 78° 20'
02" WEST, 70.38 FEET; THErFG`E NORTH 42° 20' 02" WEST,10625 FEET; THENCE NORTH
06° .20'.02". WEST. 39.34 FEET; TFIDNCE NORTH 43° I I' 40" WEST, 3.96 FEET; THENCE
NOTt'I~I 2I° 14' 44" WEST,.77.92 FEET; THENCE NORTH 26° 25' S7" WES'T'. ?^.56 FEET;
THENCE 1~TQRT$ 08° 49' 32' EAST, 79.32~FEET; T`HE.NCE NORTH 55' S7' 35- w~ST. 77.04
-FEF.'T; T~3ENCE NOI~384° 27' 00" WEST, 38..56 FEET; THENCE NORTH 41° 40' 34" WEST ,
30.53 FEET; ~'I~1~IGE'NORTH 30° 56' 11" .EAST, 54.58 FEET; THENCE SOUTH 87° 23' 20"
EAST, 54:68 FEET; THENCE SOUTH 75° 51' 06" EAST, 27.34 FEET; THENCE SOUTH 22°
14' 36" EAST, 3628 FEET; THENCE SOUTH 76° 52' 29" EAST, 42.19 FEET: TP~.'VCE
SOUTH'48° 55' .I7" EAST, 11.75 FEET; THENCE SOUTH 09° 40' 20" WEST, 27.71 FEET;
THENCE SOUTH 47° ~53' 34." EAST, 67.73 FEET; THENCE NORTH 65° 39' S8" EAST; 88.95
FEET; THENCE SOUTH 77° OS' 3I" EAST, 354.66 FEET; THENCE NORTH 89° 36' S0" EAST,
213.46 FEET; THENCE~NORTH 00° 23' IO" 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" E_?ST. ?5.00 FEET;
THENCE NORTH OS° 03' 16" WEST, 14.80 FEET; THENCE SOUTH 89° 36' ~~" W-EST, 85.GG
FEET; THENCE NORTH 00° 23' 10" WEST, 77.00 FEET; TI~NCE SOUTH 89° 36' S0" WEST,
28.12 FEET; THENCE NORTH 00° 23' IO" WEST, 110.00 FEET; THENCE SOUITH 89° 36' ~0"
WEST, 16.88 FEET; TI~NCE NORTH 00° 23' IO" WEST, 99.09 FEET TO A POINT ON THE
PREVIOUSLY DESCRIBED SOU'IZ3ERLY RIGHT OF WAY LINE OF DUTTON DRNE;
TI-~ENCE 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 28, 2003
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 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 28, 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).
w 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 2oaing
District
East RL Residential, Low Densi RS-1
West CON Ci of Jacksonville AGR
North LDR, CSV Ci of Jacksonville CSV
South RL Residential, Low Densit 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 .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 April 28, 2003
AGENDA ITEM #7A
APRIL 28, 2003
N. 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 subject 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
garage 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 used 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
Ordinarice 90-03-181 April 28, 2003
AGENDA ITEM #7A
APRIL 28, 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`'Buildin Re uirements
maximum allowed densi 6 units net acre
maximum area occu led b buildin s & structures in PUD 35%
maximum im envious surface for individual Iots 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 Iots 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 April 28, 2003
AGENDA ITEM #7A
APRIL 28, 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 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 of 10
Ordinance 90-03-181 April 28, 2003
AGENDA ITEM #7A
APRIL 28, 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 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 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 April 28, 2003
AGENDA ITEM #7A
APRIL 28, 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 ali 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, CoUer 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 lasianthusj, 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 aquilinurrt), and saw
EXHIBIT B Page 7 of 10
Ordinance 90-03-181 Apri128, 2003
AGENDA ITEM #7A
APRIL 28, 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; 0.8.1 ac.)
The dominant wetland community present on site is classif ed 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 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.
The developer, all owners, successors and assigns of lands and parcels described herein
shall agree and commit to:
EXHIBIT B Page 8 of 10
Ordinance 90-03-181 Apri128, 2003
AGENDA ITEM #7A
APRIL 28, 2003
• 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.
• 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 April 28, 2003
AGENDA ITEM #7A
APRIL 28, 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 April 28, 2003
EXHIBIT C -Master Site Plan
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