(a)

The town commission, pursuant to this article, hereby establishes a planned unit development (PUD) for Shelter Cove PUD project in the area described in subsection (c) of this section. The board specifically finds as follows:

(1)

The proposed PUD does not adversely affect the orderly development of the town and complies with the comprehensive plan adopted by the town, as found by the Seventh Judicial Circuit Court.

(2)

The proposed PUD will not affect adversely the health and safety of the residents or workers in the area, and meets all relevant zoning requirements of the town, as found by the Seventh Judicial Circuit Court.

(b)

The following procedures shall be observed:

(1)

The PUD area created by this section and described in subsection (c) of this section shall be indicated on the official zoning map of the town.

(2)

All maps, plans, documents, covenants, agreements, stipulations, conditions and safeguards constituting the development plan as finally approved in a Shelter Cove PUD agreement shall be placed on file, within 30 days of approval, in the office of the town clerk, and shall constitute the regulations for the specific PUD district that has been approved.

(3)

Development within the boundaries of the PUD district as approved shall take place in accord with this chapter as may be modified or amended by this section and the Shelter Cove PUD development agreement executed by the owner and the town pursuant to this section.

(4)

The owner shall signify its acceptance of this PUD designation by filing its written acceptance with the town clerk within 30 days of November 20, 2002.

(c)

The area of the Shelter Cove PUD is as follows:

Lot 2: Lot 2 as recorded in Beverly Beach Shores West replat Plat Book 29, page 29, of the public records of Flagler County, Florida.

Parcel 1: Part of Government Lots 5 and 6, Section 26, Township 11 South, Range 31 East, Flagler County, Florida, lying westerly of State Road A1A, and/or Oceanshore Boulevard and easterly of the Intracoastal Waterway, being more particularly described as follows: Begin at the northwest corner of Beverly Shores West, replat, as recorded in Map Book 29, page 29, public records of Flagler County, Florida, thence S23 degrees 39′22″E along the west line of said Beverly Shores West and its southerly extension a distance of 1,441.75 feet to a point on the south line of Government Lot 5; thence S88 degrees 59′38″E along said south line of Government Lot 5 a distance 1,023.13 feet to a point on the easterly line of the Intracoastal Waterway; thence N16 degrees 43′16″W along said easterly line a distance of 141.23 feet; thence N16 degrees 42′13″W continuing along said easterly line a distance of 1,240.36 feet; thence S88 degrees 57′21″E a distance of 841.76 feet to the point of beginning. Containing 28.48 acres more or less.

Parcel 2: Part of Government Lot 10, Section 26, Township 11 South, Range 31 East, Flagler County, Florida, lying westerly of State Road A1A, and easterly of the Florida Intracoastal Waterway, being more particularly described as follows: Begin at the intersection of the westerly right-of-way line of State Road A1A with the easterly extension of the north line of Osprey Point Subdivision as recorded in Map Book 28, page 14, public records of Flagler County, Florida, thence S89 degrees 01′13″W along the said north line of Osprey Point Subdivision and its easterly extension a distance of 1,277.06 feet to a point on the easterly line of the Florida Intracoastal Waterway; thence N16 degrees 43′16″W along said easterly line a distance of 259.03 feet; thence N88 degrees 59′28″E a distance of 1,023.13 feet; thence N23 degrees 39′33″W a distance of 190.27 feet to the southwest corner of Beverly Shores West, replat, as recorded in Map Book 29, page 29, public records of Flagler County, Florida; thence N89 degrees 08′06″E along the south line of said Beverly Shores West replat a distance of 220.00 feet to a point on the westerly line of State Road A1A; thence S23 degrees 39′22″E along said westerly line a distance of 460.55 feet to the point of beginning, containing 8.11 acres more or less.

(Ord. No. 2001-01-03-01, 6-4-2001; Ord. No. 2002-ORD-3, 11-20-2002; Ord. No. 2002-ORD-4, 1-8-2003)