Planned Unit Development. Black Creek and US 17 Written Statement. REO Funding Solutions III, LLC 100 N. Tampa Street Tampa, FL 33602

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1 Owner s Name: Agent: REO Funding Solutions III, LLC 100 N. Tampa Street Tampa, FL Susan L. Fraser SLF Consulting, Inc Park Street Jacksonville, FL slfraser@bellsouth.net Future Land Use Category: Existing Zoning: Proposed Zoning: Mixed Use Planned Unit Development Planned Unit Development Adjacent Land Use: North- Black Creek - PC Fleming Island Plantation DRI South- Commercial East - US 17 Commercial West - Institutional (Camp Chowenwaw) Adjacent Zoning: North Black Creek PUD South BA East BB-3 and BB West PO-2 Proposed Development: 80 Single Family Dwelling Units 14,000 SF Restaurant inclusive of outside seating (max) 100 wet slips on Black Creek (max) 1,000 square feet Commercial Outdoor Recreation 4,000 SF Entertainment Use (max) Site Description: Total Site: acres Ball Road ROW 0.90 acres Wetlands: 0.66 acres DEVELOPABLE acres Black Creek Mixed Use 1 SLF Consulting, Inc.

2 Vegetation on the site consists of large oak trees, cabbage palms and pines. Wetlands are located at and below the toe of the slope to Black Creek and on the southern boundary of the property; within the wetlands vegetation includes cypress, maple and sweetgum. Soils: 13- Meggett fine sandy loam : nearly level with a high water table at less than 12 inches for 2 to 4 months during most years. Natural vegetation includes laurel oak, sweetgum and saw palmetto (this soil is located on the southern portion of the subject property; this portion of the property has been cleared and planted with nonnative tree species). 24 Urban land: the SCS identifies that more than 85 percent of this soil classification is covered by urban facilities. This designation reflects the prior development of the parcel as a mobile home/rv Park. Floodplain and Floodway: The property lies within the floodplain, which has an established elevation of 4. The property lies within the floodway of Black Creek (elev. 4). The floodplain and floodway are located adjacent to Black Creek at approximately the toe of the slope to Black Creek (elev. 4-5). The top of bank is at elevation 12 to 13. No development other than permitted marina and dry slip improvements are proposed within the floodplain or floodway limits. Drainage: Drainage is to the north, to Black Creek. Wildlife: There is one active bald eagle s nest on the property. No other threatened or endangered species occur on site. Black Creek Mixed Use 2 SLF Consulting, Inc.

3 Utilities: Central water and wastewater service will be provided by the City of Green Cove Springs; electric service will be provided by the City of Green Cove Springs. Site Development Plan Development shall substantially conform to the PUD Site Plan attached as Exhibit A. Changes to the site plan that do not affect the intent or character of the development shall be considered a minor change, subject to the approval of the Planning and Zoning Department. Non- residential site plan details are conceptual. Maximum flexibility in the application of the PUD requirements and criteria and the standards of Clay County shall be recognized by staff to accommodate the preservation of existing trees within the PUD. Specifically, flexibility within the non-residential parking area shall be applied, including the elimination of some planting islands provided compensating area is provided to retain trees. Proposed Development: 80 Single Family Residential Units, maximum 14,000 SF Restaurant inclusive of outdoor seating and up to an additional 4,000 square feet of outdoor use and entertainment area, subject to Section 3-4 and 3-5 of Article III of the Land Development Code 100 wet slips on Black Creek, maximum, consistent with regulatory permits for same 1,000 square feet Commercial Outdoor Recreation The property lies within the Mixed Use Land Use Category. Proposed development is consistent with the mix and design criteria for this land use category outlined in FLUE Policy 3.3.1(i): The property is less than 75 acres in area; There are two uses, one of which is residential and the second is commercial; The property is located so as to obtain 100 points under FLUE Policy 1.3.5; The property is located on a major arterial; The development will be served by central water and sewer; Non-residential uses are provided at a rate of greater than 100 square feet per residential unit and less than 750 square feet per residential unit; the maximum building height for non-residential use is 5 floors or 70 feet; for residential use, the maximum building height established in this PUD is 35 feet; the architectural design of the restaurant will be of human scale; Black Creek Mixed Use 3 SLF Consulting, Inc.

4 Travel lanes for residential roads in the PUD shall be between ten and eleven feet in width and five foot sidewalks will be provided to serve residential areas and a minimum eight foot sidewalk/courtyard area provided to serve the restaurant; Garages that face the street shall be offset from the plane of the main façade of the residential unit by a minimum of ten feet; Vegetative buffers to adjacent property are of required width; A minimum of 10 % open space will be provided and a minimum 25% of the open space will be useable open space to serve the residents of the PUD ; Streets and sidewalks are utilized to connect the project to adjacent property owned by Clay County (Camp Chowenwaw). Access Ball Road is an unimproved county right of way acquired through a prescriptive rights taking pursuant to Clay County Resolution 05/ Acquired by Clay to insure access to Camp Chowenwaw, the right of way taken varies in width from 38 to 47. Ball Road will be improved by the Developer to the county standards as required to serve the development and, once improved, the improvements within the 60 foot right of way will be dedicated by plat to Clay County for maintenance. Intersection improvements at US 17 required by FDOT shall be constructed by the Developer; the cost of intersection improvements shall be shared by Clay County as provided below. The Developer may provide enhanced landscaping and paving within any portion of Ball Road right of way, subject to the approval of the Clay County Engineering Department, provided that developer shall be responsible for maintenance of any enhanced landscaping and paving materials other than County standard. Maintenance shall be guaranteed under a Maintenance Agreement between the HOA and Clay County. Within the Ball Road right of way, Developer shall provide a five foot sidewalk on the northern side of that portion of Ball Road improved by the Developer. Developer may design Ball Road to include on-street, parallel parking. If Developer elects to provide on-street parking, the parking shall be included in the street cross section. Electric service may be located within the right of way of Ball Road, subject to the approval of the utility provider. Access to the park shall be maintained during construction of Ball Road by Developer through coordination with Clay County. Improvements to US 17 required by the FDOT to serve the proposed project and intersection improvements for Ball Road that are associated with traffic volumes and vehicle types for the Black Creek Mixed Use 4 SLF Consulting, Inc.

5 PUD development will be the responsibility of the Developer. The cost of any additional improvements required for Ball Road at US 17 for the County Park shall be the responsibility of the County. The residential use within the PUD may be constructed with gated access. If gated access is provided, streets within the gated portion shall be private, maintained by the HOA. The location of any controlled entry feature shall be a minimum of 40 feet from the right of way of Ball Road. Access to the marine use /docks shall be controlled and shall be open to the public at the discretion of the owner/ manager. Ownership The single family residential units shall be sold by plat with common areas to be owned and maintained by the HOA. The HOA may include the non-residential lands/owner. The nonresidential development land may be sold or leased and if sold, shall be subject only to the conditions of this PUD with regard to buffers between uses. Development Plan Section 1. Permitted and Required Uses Residential A maximum of 80 single family residential units are permitted with a minimum lot size of 5,500 square feet. Minimum Lot Sizes: 50 feet x 110 feet, non-waterfront 60 feet x 120 feet, waterfront Minimum Yard Requirements: Front Yard (garage) 20 feet Front Yard (façade) 15 feet Side Yard 5 feet Rear Yard 10 feet Maximum Building Height: 35 feet Black Creek Mixed Use 5 SLF Consulting, Inc.

6 Accessory Uses: (a) Garage Sales up to a maximum of 2 per calendar year. Duration not to exceed 72 hours, conducted during daylight hours. (b) Satellite dish receivers for individual use. (c) Keeping of domestic cats and dogs with a limit of 3 total per household over 6 months in age. (d) Private boat slip within the PUD. Conditional Uses: (a) Home occupations (b) Swimming pools. (c) Temporary structures or buildings. Storage of travel trailers, recreational vehicles and boats outside an enclosed garage is not permitted. On-premise consumption of alcoholic beverages is permitted within recreation and amenity facilities that serve the residents of the project and their guests and licensed under Chapter 11-C of the Florida Division of Alcoholic Beverage and Tobacco. Non-Residential A minimum of 100 square feet of non-residential use per dwelling unit is required under the Mixed Use land use category. This requires a minimum of 8,000 square feet of non-residential use within the PUD if 80 residential units are developed. A maximum of 750 square feet per residential unit is allowed; this is a maximum of 60,000 square feet of non-residential use, based on 80 residential units being constructed. A restaurant of up to 14,000 square feet (including outdoor seating areas) and up to an additional 4,000 square feet of entertainment use is proposed within the PUD. Up to 1,000 square feet of COR use is proposed. If all proposed non-residential improvements are constructed, the total area of non-residential use in the PUD is 19,000 square feet or 237 square feet per residential unit. If only the restaurant is constructed, the non-residential square footage is 14,000 or 175 square feet per residential unit. The Final Development Plan shall provide a minimum of 100 square feet of non-residential use per residential unit. Black Creek Mixed Use 6 SLF Consulting, Inc.

7 Permitted non-residential uses are: 1) Restaurant, subject to Sec 3-4 and 3-5 of Article III, Land Development Code with outdoor seating and outdoor entertainment use. 2) Marine facilities consisting of a maximum of 100 wet slips including the sale of fuel; kayak/canoe rental or classes; paddleboard rental or classes and similar water dependent recreation uses. Docks may be assigned/rented to the restaurant, residential lots within the PUD or available for public rental, consistent with the applicable regulatory permits. 3) Commercial Outdoor Recreation including recreation uses such climbing wall, volleyball court or other small game area, zip line and children s play equipment. Entertainment use shall be limited in general location to that depicted on the PUD Site Plan. Entertainment use shall include amplified sound, however amplified sound that may be heard beyond the limits of the seating area of the restaurant shall only originate from an interior location the stage area depicted on the PUD Site Plan or from a basement area of the nonresidential structure that is open only to the north and/or east sides (west and south walls must be fully enclosed with enclosure overhead). All amplified sound shall be directed toward the east (to US 17) or to the north. Amplified sound that may be heard beyond the limits of the seating area of the restaurant shall be limited to the hours between 10 AM and 2 AM. Entertainment use and COR uses may be subject to an entry fee. Entertainment and COR uses other than water-related COR uses shall only be permitted during the hours of operation of the restaurant and access to these uses shall be controlled by the restaurant owner/operator. Water related Marine or COR Uses may be operated by the restaurant owner/operator or the marina/dock operator. Water-related Marine or COR uses shall be permitted to operate outside the hours of operation of the restaurant and may be located in areas designated for Entertainment Use, Marine Use or COR use on the PUD Site Plan. Parking shall be provided to support the non-residential use at the following rates: 1 space per 60 square feet of dining area 1 space per 200 square feet of remaining, interior area of the restaurant 1 space per 100 square feet of outdoor seating or entertainment area 1 space per four wet slips available for public rental 0 spaces per wet slip rented/assigned to the restaurant (day use) 1 space per 1,000 square feet of COR use Black Creek Mixed Use 7 SLF Consulting, Inc.

8 Non-Residential parking (example) Mixed Use Planned Unit Development Restaurant use of up to 7,000 square feet of enclosed dining area, 9,000 square feet total enclosed and outdoor area/entertainment of 4,000 square feet: 116 spaces required for dining area 10 spaces required for other enclosed area 40 spaces required for outdoor seating Marine Use of 77 wet slips (example): 19 spaces required Proposed non- water related COR Uses are a component of the restaurant uses. Proposed waterrelated COR Uses are a component of the Marine Use. If COR Use is provided, two parking spaces will be provided to support the proposed COR uses. Actual non-residential parking spaces required shall be based on the rates specified herein applied to the actual uses permitted for construction. Open Space Developable land within the PUD is acres (Ball Road ROW excluded). Other street rights of way are 1.01 acres in area and stormwater management facilities are 2.5 acres in area. Public and private open space in the form of the Eagle Protection Zone is an additional 0.51 acres in area. The net acreage for the purposes of calculating the required open space under the PUD requirement is 20 acres. A minimum of ten percent of the net area of the PUD or 2.0 acres, of the developable land is required to be provided as open space. A minimum of 2.0 acres of open space will be provided within the PUD including the Creek Buffer Tract but exclusive of other buffers and the Commercial Outdoor Recreation Uses. Under the Mixed Use Land Use category, a minimum of 25%, or 0.50 acres of the required open space is required to be active or useable open space acres of active/useable open space will be provided for the use of the residents of the PUD. Located near the eagle s nest preserve area and lakes within the project, useable open space will include trails/paths for use by the residents of the PUD. The active open space area is exclusive of the COR uses. Black Creek Mixed Use 8 SLF Consulting, Inc.

9 A Creek Buffer Tract is provided between the single family lots and Black Creek to maintain tree canopy and views. This area shall not be open to public access but may be open to residents of the community. Trees may be trimmed and limbed up in this buffer area; selective clearing shall be permitted. This area contributes almost one half acre to the open space for the PUD. Section 2. Lot and Building Requirements A. Building Setbacks 1) Non-Residential Building setbacks to Ball Road shall be 25 feet. 2) Building setbacks to US 17 shall be 20 feet from the right of way. 3) Building setback to Black Creek shall be 50 feet, measured from the mean high water line, as such is established by the Florida Department of Environmental Protection (DEP). Recreation facilities, including trails and walks within the Creek Buffer Tract shall not be subject to the 50-foot setback. Water dependent uses shall not be subject to setback other than that established by environmental permit. B. Design Criteria 1) Maximum building height is 5 stories or 70 feet for non-residential uses and 35 feet for residential structures.. 2) All front entry enclosed parking designed to serve an individual residential unit shall be designed such that the face of the garage is offset a minimum of 10 feet from the front roofline of the structure. 3) Interior accessways are limited to a maximum of 22 feet in width for two way traffic and 11 feet for one way traffic, with the travel lanes limited to a width of 10 to 11 feet. 4) Non-residential building architecture shall exhibit a non-uniform roof line and shall provide façade variation in materials, plane and color. Pedestrian character shall be provided by the use of awnings, façade elements, porticos and entry features. Site and architectural plans shall be subject to County review and approval for compliance with the standards established above prior to the issuance of a final development order. Section 3. Buffer, Setbacks and Landscape Requirements Development will meet the requirements of the Tree Protection and Landscape Ordinance except that: Black Creek Mixed Use 9 SLF Consulting, Inc.

10 1) the required perimeter buffer screening where residential use abuts the County Park shall be a minimum of 10 feet. The buffer shall consist of a six foot open, decorative metal fence or black vinyl chain link fence planted with evergreen vines. Alternatively, the chain link fence erected by Clay County along the common property line may be planted as described and no additional fencing shall be required. No wooden or opaque fencing shall be permitted in the buffer. The existing natural vegetation shall create the buffer and will be enhanced to achieve 85 % opacity within 12 months of planting. Existing tree canopy shall be enhanced as required to provide a minimum of one canopy tree per 50 feet; spacing shall accommodate existing tree locations and may produce clusters of trees (uniform spacing is not desired). The buffer area shall be owned and maintained by the Owner s Association. 2) The US 17 Buffer located adjacent to the commercial development shall consist of evergreen shrubs, which at the time of planting shall be 30 inches in height and provide a continuous screen. The existing vegetation shall be enhanced as required to provide the minimum number of canopy trees (existing and planted) to receive at least six tree points per fifty lineal feet or fraction thereof, arranged so that the trees are distributed unevenly along the distance. The US 17 Buffer south of Ball Road shall consist of existing vegetation and/or planted vegetation and screening to achieve a buffer of 85% opacity to a height of 6 feet and a minimum of 6 tree points per fifty lineal feet of fraction thereof, arranged so that the trees (existing or planted) are distributed unevenly along the distance. A wall or opaque fence shall be permitted between US 17 and adjacent residential development within the PUD. Setbacks for non-residential uses to residential uses shall apply as follows: 1) No materials, garbage containers or refuse from a non-residential use shall be permitted closer than 25 feet from a residential lot line. Garbage or refuse shall be containerized and such containers shall be enclosed and screened so as not to be visible. Solid doors shall be required on all garbage enclosures. 2) No service areas associated with the non-residential use shall be located closer than 50 feet from the lot line of a residential lot. Section 4. Lighting Black Creek Mixed Use 10 SLF Consulting, Inc.

11 Non-Residential Lighting Standards All exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light trespass and glare across the property lines and or project glare at any location on or off the property. Lighting of such areas shall not be used to attract attention to the businesses. 1) The average light level shall not exceed 3.6 footcandles on any part of the site. 2) Lighting of or on buildings shall be limited to wall-washer type fixtures or up-lights, which do not produce spill light or glare. A cutoff fixture shall not have more than one percent (1%) of lamp lumens above horizontal. Sag lenses, convex lenses, and drop lenses shall be prohibited. Lighting at a building or project shall not be comprised in whole or part of any floodlights. 3) Illumination levels at the property line of the commercial use shall not be more than 0.5 f.c. at any point when the building or project is located next to any residential use, and shall not be more than 2.0 f.c. when located next to any other use. To avoid glare or spill light from encroaching onto adjacent properties, illumination shall be installed with houseside shields and reflectors, and shall be maintained in such a manner as to confine light rays to the premises of the non-residential use. 4) Lighting shall be installed with time controls so that light levels are reduced not later than one hour after the close of operations to the minimum levels needed under the IESNA to ensure safety and security (approximately a 50% reduction). Free standing light fixtures shall not exceed 15 feet in height in parking areas and other parts of the site, and along sidewalks and parking lot pedestrian corridors, height shall not exceed 12 feet with lights spaced no more than 40 feet apart. A photometric plan and site lighting plan shall be required with construction drawings to review for compliance with these standards. Section 5. Eagle s Nest Bald eagles were removed from the endangered species list in June 2007 because their populations recovered sufficiently. However, the protections under the Bald and Golden Eagle Act (Eagle Act) continue to apply. The project was issued a US Army Corp of Engineers (ACOE) permits on June 6, That permit is valid thru June 6, Development of the property and eagles onsite will be subject to the US Fish and Wildlife Service s biological opinion approved as part of the ACOE permit. Should the nest be certified as abandoned by the ACOE, single family residential lots may be developed within the Eagle Protection Zone depicted on the PUD Site Plan without additional PUD approval. Black Creek Mixed Use 11 SLF Consulting, Inc.

12 Section 6. Docks While the site has been approved for the construction of 377 wet and dry boat slips this PUD authorizes a maximum of 100 wet slips, consistent with the environmental permits at the time of development. Developer may locate the approved wet slips and construct access walks, boardwalks and or piers within the PUD and the sovereign submerged lands of Black Creek pursuant to this PUD and the applicable regulatory permits. A copy of the applicable permits shall be provided to Clay County prior to construction of the improvements authorized therein. Section 7. Signs The Clay County Sign Ordinance shall apply to the proposed development on the basis of the following: Commercial Sign criteria shall apply to the restaurant and marina uses located on Black Creek. The Restaurant shall be entitled to locate a sign on the waterside of the commercial use area that is no more than 8 feet in height and 20 feet in area. Section 8. Alternative Joint Use/ Improvements Camp Chowenwaw is located west and south of the PUD property. Camp Chowenwaw was improved under a Florida Communities Trust (FCT) grant and as such, all improvements within the camp property are subject to FCT approval. This PUD authorizes an application to amend the FC T Grant to provide the following improvements to lands within the Camp Chowenwaw FCT Grant: The following improvements shall be provided by the Developer within the PUD within right of way owned by Clay County and additional right of way as required to connect to Camp Chowenwaw: 1. Ball Road shall be improved by the Developer to county standards within the full limits of the PUD (to the Camp Chowenwaw entrance). Ball Road, once improved, shall be dedicated by plat to Clay County for maintenance as a public road. The following improvements shall be constructed by the Developer within the lands included in the Camp Chowenwaw FCT Grant boundary: 1. Up to 100 joint use parking spaces shall be designed, permitted and constructed by Developer on Parcel (Camp Chowenwaw) for use by Clay County to Black Creek Mixed Use 12 SLF Consulting, Inc.

13 serve Camp Chowenwaw and the PUD as overflow parking at such time/concurrent with the permitting of the entertainment area of the restaurant use to exceed 4,000 square feet in area. Parking shall be designed to provide paved drive aisles and access ways with grassed spaces and wheel stops, except for required accessible spaces which shall be constructed to County standards for same. Parking for 2 buses shall be included in the design of the parking area. 2. The Developer shall design, permit and construct stormwater management facilities to treat surface water from Ball Road and the joint use parking spaces within Parcel Developer shall coordinate with the Parks Department and submit preliminary plans to the County for approval for all improvements on Parcel and shall provide a tree survey of all trees over 8 inch DBH with the initial submittal for conceptual review of the location and design of any Joint Use Improvements. The PUD Owner s Association shall be responsible for maintenance of all improvements constructed on Parcel by Developer. Black Creek Mixed Use 13 SLF Consulting, Inc.

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