2007-O-06ORDINANCE NO.2007-0-06
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 79.18 ACRES LOCATED SOUTH OF THE
TAYLOR ROAD AND GLENCOE ROAD INTERSECTION,
EDGEWATER, FLORIDA; FROM COUNTY A-2 (RURAL
TRANSITIONAL) TO CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT); AUTHORIZING THE
MAYOR TO EXECUTE THE PLANNED UNIT
DEVELOPMENT (PUD) ZONING AGREEMENT FOR THE
VILLAS AT THE LAKES SUBDIVISION PLANNED UNIT
DEVELOPMENT; AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF EDGEWATER; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
Sid C. Peterson, Jr., Esquire, agentlapplicant on behalfofHanson & McCallister, Inc.,
owners of property located South of the Taylor Road and Glencoe Road, Edgewater, Florida.
Subject property contains approximately 79.18 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from County A-2 (Rural Transitional) to City RPUD (Residential Planned Unit
Development) for the property described herein.
On November 8, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On April 16, 2007, the City Council considered on first reading/public hearing the
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2007-046
proposed change in the zoning classification after publication of such hearing in the Observer on
Saturday, April 7, 2007.
5. On July 30, 2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on Thursday, July 19, 2007, and notifying by mail
all property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
12. The City Council finds that the requested rezoning does not affect a large portion of
the public, but rather has impact on a limited number of persons or property owners.
13. The City Council finds that the requested rezoning is a decision contingent on a fact
or facts arrived at from distinct alternatives and that the requested rezoning decision can be
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2007-0-06 2
functionally viewed as policy application, rather than policy setting.
14. The City Council finds the consideration of this rezoning to be a quasi-judicial act
rather than a legislative act of the City Council.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
A-2 (Rural Transitional) to City RPUD (Residential Planned Unit Development) pursuant to the
associated Planned Unit Development (PUD) Agreement for the Villas at the Lakes Subdivision
(attached hereto and incorporated as Exhibit rB").
The following described real property all lying and being in the County of Volusia
and State of Florida.
U. S. Lot 1, and a portion of U. S. Lot 2 and U. S. Lot 7, Section 6, Township 18
South, Range 34 East, Volusia County, Florida being described as follows:
For a Point of Beginning, commence at the northeast comer of said Section 6, said
Point being marked by a 4" x 4" concrete monument with "St. Regis" etched on the
side; thence South 00021'00" West, along the east line of said Section 6, a distance
of 4167.45 feet to the southeast comer of said U. S. Lot 7; thence South 88e53'49"
West, along the south line of said U. S. Lot 7, a distance of 50.01 feet; thence North
18°34'33" West, a distance of 2280.61 feet to a 4" x 4" concrete monument with an
iron rod; thence North 53°37'44" West, a distance of 727.93 feet; thence North
73008' 10" East, a distance of 47.17 feet; thence North 61 ° 18'40" East, a distance of
1000.00 feet; thence North 28e41'20" West, a distance of 500.00 feet; thence South
61 ° 18'40" West, a distance of 1000.00 feet; thence South 28°4 F20" East, a distance
of 448.92 feet; thence South 73'08' 10" West, a distance of 73.33 feet thence North
28e4743" West, a distance of 574.76 feet to a 4" x 4" concrete monument with an
iron rod; thence North 00049'43" East, a distance of 1002.14 feet to the north line of
said Section 6; thence North 88°55'28" East, along said north line of Section 6, a
distance of 1700.30 feet to the Point of Beginning.
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2007-0-06
and
The West 50 feet of the East 300 feet of SW 1/4 of the SW 1/4 of Section 36,
Township 17 South, Range 33 East, lying South of the existing County Road (exact
South R/W to be established by Volusia County Engineering Department by
construction of paved road).
Containing 79.18 + acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
above described property.
PART C. CONiFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competentjurisdiction, such holding shall not affect the remaining
portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable
to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not
affect its applicability to any other person, property, or circumstance.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
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2007-0-06
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilwoman Rhodes and Second by Councilwoman Rogers,
the vote on the first reading of this ordinance held on April 16, 2007, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
This matter was scheduled to be heard during the July 16, 2007 Council meeting however,
this meeting was rescheduled to July 30, 2007. The appropriate notices/legal advertisements were
placed.
During the July 30, 2007 Council meeting a Motion was made to CONTINUE the second
reading/public hearing until August 13, 2007 by Councilwoman Rogers with Second by
Councilwoman Lichter, Motion approved 4-0 (Councilwoman Rhodes absent).
During the August 13, 2007 Council meeting, a Motion was made by Councilwoman Lichter
with second by Councilwoman Rhodes to Continue the second reading/public hearing until August
20, 2007. Motion approved 5-0.
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2007-0106 5
After Motion to approve bf ouncilwoman Rhode and Second by Councilwoman Lichter
the vote on the second mading/public hearing of this ordinance was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE NAY
x
Absent
Absent
-x_
x
PASSED AND DULY ADOPTED this 206 day of August, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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2007-0.06
CITY COUNCIL OF THE
CIT OF EDGEW TE LORH)A
Mi a omas
Mayor
Robin L. Matuai
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 20 day
of August, 2007 under Agenda Item No. 7B .
>1 A
i
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THIS INSTRUMENT PREPARED BY:
Paul Rosenthal, Esquire
Foley & Lardner, LLP
1 I N. Orange Avenue, Suite 1800
Orlando FL 32801-2386
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O. Box 100
Edgewater FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
VILLAS AT THE LAKES
THIS AGREEMENT is made and entered into this? 0 day of day of 2007
by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing
address is P.O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as
"City") and SID PETERSON, JR., applicant whose address is P.O. Box 428, New Smyrna Beach,
Florida 32170, (herein after referred to as "Developer). The purpose of this Agreement is to define the
terms and conditions granting the development approval of the subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 79.I8f acres located south of Glencoe Road
and Taylor Road in Edgewater, Volusia County, Florida. The legal description of the property is attached
hereto as Exhibit "A" — Legal Description. The record owner of the subject property is HANSON &
McCALLISTER, INC., a Florida Corporation.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer shall
commence construction of Villas at the Lakes, as defined by the Master Plan, dated September 8, 2006
(Exhibit `B" included herein), within one (1) year of required permit approval for this project, or within
eighteen (18) months of the effective date of this Agreement, whichever is greater. Developer's failure to
initiate construction within one (1) year may result in the City's termination of the Agreement. The City,
at its sole option, may extend the duration of this Agreement. This development must be consistent with
the Master Plan
Villas at the lakes
and must be approved by City Council prior to commencement of any authorized work. Final approval
shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement,
environmental, solid waste containment, and planning elements.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this Agreement and in
accordance with the City of Edgewater's current Land Development Code. The Developer further agrees
that all development will be consistent with the Villas at the Lakes Master Plan dated September 8, 2006
(Exhibit "B"). The Villas at the Lakes shall be developed consistent with the City's single-family and
multi -family development procedures. Final project approval may be subject to change based upon final
environmental, permitting, and planning considerations. Use of the property will be as follows:
A. Average Lot Sin/Unit Count
The development of the parcels shall be consistent with the uses prescribed for each area within
the proposed RPUD. The location of said land use areas are shown on the Master Plan Exhibit `B",
which location and size may vary in order to maximize the preservation of specimen trees and wetland
areas on the property. The following land uses shall be allowed as permitted principle uses and structures
along with their customary accessory uses and structures:
• Condominium/multi-family
• Single-family detached residential
Villas at the Lakes shall not exceed a total of 232 residential dwelling units. The 55 single-family
lots are planned to be 75'x 120' or greater. The 176 condominium/multi-family units shall be a
minimum of 1,000 square feet of livable area. Based on Final Subdivision Plan approval, the total
number of units may vary but the maximum residential units allowed for the Villas at the Lakes shall not
exceed 3.7 dwelling units per net acreage or a total of 232 units. The developer hereby reserves the right
to plat all lots as single-family with a minimum lot size of 75' x 120' in lieu of the 176
condominium/multi-family units.
No lot will exceed a maximum building coverage of 30% with a maximum impervious coverage
of 60% per lot.
Minimum Lot Size:
Single -Family Multi -Family Unit
Area— 9,000 square feet Area- 1,000 square feet
Width —75' feet
Depth — 120' feet
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B. Minimum House Square Footage
The minimum gross single-family house square footage shall be at least 1,200 square feet living
area under air/heat, with a variety of unit sizes. The minimum gross condominium/multi-family square
footage shall be at least 1,000 square feet living area under air/heat. In addition, each single-family house
will have a minimum of a two (2) car enclosed garage. No carport will be allowed.
Single -Family Minimum Yard Size and Setbacks:
Front —35'
Rear - 20'
Side - 10'
Side Comer - 20'
Maximum Height - 35'
Utility Easements - 10' - front, 5'- sides
Swimming Pools Rear - 7.5' from property line to pool deck edge
Side - 10' from property line to pool deck edge
Condominium/Multi-family
a. All condominium buildings shall be adjacent to a public or private right-of-way
or common area. There will be one (1) access point off of the Main Roadway to a
common driveway shared by a group of condominium/multi-family buildings as
depicted on the Master Plan.
b. Front setback of buildings shall be 25-feet from edge of pavement of driveways
and/or streets.
c. Rear setbacks of buildings shall be 20-feet except if there is a landscaped
common area behind the multi -family building and there is a minimum distance
of 20-feet from the project boundary line and the building or accessory
structures. For multi -family buildings on the lakes, rear setbacks shall be 25-feet
from the mean high water line of the lake. Provided however any attached porch
or terrace can extend up to 10-feet into the rear setbacks.
d. Minimum distance between buildings shall be 20-feet.
e. Maximum building width shall be 125-feet.
f. Maximum number of units per building shall be 8-units.
g. Minimum setback from RPUD boundaries shall be 25-feet.
h. Maximum building height shall be 35-feet.
i. Minimum parking spaces shall be two (2) per living unit. Garages, driveways
and common parking areas may count towards this requirement.
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j. Minimum Square Feet (under air/heated) shall be 1,000, with a variety of unit
sizes.
k. Maximum number of stories shall be three (3), not to exceed 35-feet in height.
C. Roads
All internal roads shall be private and maintained by the Homeowners' Association with public
utilities and easements. The main gated internal road running north and south and traversing the entire
parcel shall be designed in accordance with standards established in the Edgewater Land Development
Code, as amended, hereinafter referred to as the "Main Roadway". The City has a pre-existing utility
easement through the property, which shall be re -aligned to be the same area encompassed by the "Main
Roadway". Vehicular access to all other areas within the development shall be via roadways with a
minimum width of twenty-four feet (24') with Miami curbs.
D. Storrnwater Management
The retention pond(s) will meet the requirements for the St. Johns River Water management
District and the City of Edgewater Land Development Code. The pond(s) are approximately 24.It acres
and will he owned and maintained by the HOA. Developer is required to provide an outfall to a publicly
owned drainage conveyance system, and obtain an off -site drainage easement if necessary.
E. Sianaae
There will be one (1) ground sign located at the gated entrance and freestanding directional signs
within the subdivision. Copy area, height and setback requirements will be per the City's Development
Regulations.
F, Trees
There shall be a minimum of six (6) trees per each single-family home building lot and one (1)
street tree at fifty (50) foot on center and to be located within the internal road right-of-ways. Trees shall
be 2 '/a in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit "C" —
Trees. A tree survey shall be provided prior to construction plan approval. Each lot shall have a tree
survey prior to the issuance of a building permit. The purpose of the tree survey shall be to determine the
number of specimen and historic trees and to determine the tree mitigation requirements. Multi -family
site shall have one (1) tree per 1,500 square feet.
Statistical tree survey information may be considered at the discretion of the Development
Services Director. However, such statistical surveys shall be limited to sites containing an overstory
consisting predominantly of tress uniform in age, species and distribution, which do not contain specimen
or historic tress. Statistical surveys must be conducted in compliance with accepted forestry practices.
Villas at the lakes 4
The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
G. Entrance to Subdivision
There shall be one (1) ingress/egress point on the south side of Taylor Road. Said entrance to be
a minimum width of fifty -feet (50') and gated.
H. Model Homes and Temporary Offices
Four (4) Lots shall be designated for use as potential model home or temporary sales office lots at
the time of preliminary plat. A model home may be used as a sales office from the time the plat is
recorded until such time as the last lot is developed within the subdivision. Temporary structures, such as
trailers, recreational vehicles, and the like may be permitted as temporary sales office while a model home
is under construction. Such temporary offices shall only be permitted for an interim period not to exceed
sixty (60) days or until completion of the first model home, whichever occurs first.
Model home construction prior to plat recording shall only be allowed upon compliance with the
following requirements:
(a) Provision for fire protection, including testing and approval of the water system by
the Florida Department of Environmental Protection (FDEP), in on -site hydrants are
required to service the area where the proposed models will be constructed.
(b) Construction of access roads to the model home sites prior to building permit
issuance, to the extent necessary to allow sufficient access by City vehicles for
inspections.
(c) Permanent utility connections cannot be made until the sanitary sewer system has
been completed and certified to FDEP.
Additional requirements, restrictions and conditions may be imposed by the City to address
specific site or project concerns. A certificate of completion issued as provided in the Standard Building
Code shall be deemed to authorize limited occupancy of model homes.
Flags or insignias which read "model", "open", "open house" or any other phrase which identifies
property for real estate purposes may be displayed in the following locations and numbers. The
maximum height of such flags shall be eight feet (8') with a maximum size of fifteen (15) square feet.
(a) Single-family model home lot, not to exceed two (2) flags.
(b) Condominium/multi-family model home unit, not to exceed one (1) flag per unit.
1. Declaration of Covenants, Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions: Articles of Incorporation, and By -
Laws for the Villas at the Lakes Homeowners Association will be recorded in the public records of
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Volusia County at the time the Final Plat for Villas at the Lakes is recorded. A separate Declaration of
Condominium, Articles of Incorporation and By-laws for the Condominium Association will be filed with
the State and recorded in the public records of Volusia County, Florida at the time the Final Site Plan is
approved.
J. Open Space Requirements.
Open space as required per the Edgewater Land Development Code, as amended, shall be a
minimum of 25% and shall meet the definition in the current Land Development Code.
K. Pedestrian Walks
A ten foot (10') pedestrian space of pervious material as approved by City staff (common area)
shall be provided along and around the entire shoreline of each lake. In addition thereto there shall be
provided six (6) bench areas along the Pedestrian Walks and spaced evenly around each lake.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Villas at the Lakes is Low Density Residential with
Conservation Overlay. The zoning designation for Villas at the Lakes shall be RPUD (Residential
Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's
permitted uses for RPUD (Residential Planned Unit Development) are applicable to the development of
the property and consistent with the adopted Comprehensive Plan/Future Land Use Map.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system. All water main
distribution system improvements will be installed by the Developer and conveyed to the City by Bill of
Sale in a form acceptable to the City and dedicated to the City prior to or at time of platting.
B. Developer agrees to connect to and utilize the City's wastewater transmission and collection
system. All wastewater collection and transmission system improvements will be installed by the
Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the
City prior to or at the time of platting.
C. The City has determined that reclaimed water may be available in the near future; therefore the
Developer shall install piping for future reclaimed water service.
D. Developer agrees to provide on and off -site current and future utility and drainage easements
for drainage and utility service consistent with this provision.
E. All electrical services will be underground.
F. Roadway improvements and all associated right-of-ways shall be dedicated to the
Homeowners Association at the time of final plat approval.
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i
G. Off -site improvements (including but not limited to intersection improvements, turn lanes,
acceleration lanes, deceleration lanes, signalization) are the developer's responsibility and shall meet all
City, County and/or State requirements and approval.
H. Impact fees for each dwelling unit will be paid in accordance with the following schedule:
Water — Pay 100% of the applicable impact fees to the City by applicant at the time the
permit application is signed by the City, thereby reserving requisite water capacity.
Sewer — Pay 100% of the applicable impact fees to the City by applicant at the time the
permit application is signed by the City, thereby reserving requisite sewer capacity.
Police, Fire, Recreation — Paid to City by applicant at the time of Building Permit
application.
Roads —Paid to City by applicant at the time of Building Permit Application.
Volusia County Impact Fees for Roads and Schools — Paid at City Hall by applicant prior
to a Building Certificate of Occupancy.
The amount of all required impact fees shall be at the prevailing rate authorized at the time of
payment of impact fees.
1. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
J. A concurrency review shall be conducted to ensure that all required public facilities are
available concurrent with the impacts of the development.
K. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal
review, engineering review and construction inspection related to the Villas at the Lakes development
approval and the construction inspection related to the Villas at the Lakes development approval and the
construction of required infrastructure improvements and the review and approval of the final plat.
L. The developer shall provide all public facilities to support this project including the following:
1. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Storrnwater collection/treatment system, including outfall system.
4. Piping for future reclaimed water.
5. Provide all required pavement marking and signage (stop signs, road signs, etc)
within the Subdivision. All signage shall comply with Florida Department of
Transportation (FDOT) standards.
6. Developer is responsible for costs of recording the plat upon approval by the City
of Edgewater.
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7. Bonds — A Performance Bond may be accepted by the City and shall be 110 % of
the costs of all remaining required improvements. A Maintenance Bond equal to
10% of the cost of the infrastructure improvements shall be provided to the city
prior to recording the Final Plat. The Maintenance Bond shall be in effect for a
two (2) year period.
8. Sidewalks shall be constructed on both sides of the streets/roadways and have a
minimum width of four feet (4') and shall be constructed prior to issuance of a
Certificate of Occupancy on each building lot. Developer shall provide a bond or
surety in a form acceptable to the City in the amount of $10.00 per lineal foot for
two (2) years. If sidewalks are not completed within two (2) years, the developer
will install the remaining sidewalks or extend for two (2) more years upon city
approval.
9. Streetlights shall be reflected in the Declaration of Covenants and Restrictions,
and maintained by the Homeowners Association and be installed by the
Developer at time of installation of the infrastructure or prior to the Certificate of
Occupancy issuance for the first dwelling unit.
M. Recreational Facilities
An area will be reserved for a recreational area, or areas as the case may be, for a clubhouse,
pool, tennis court, and children's playground. In addition, pedestrian walks will be provided along and
around the entire shoreline of each lake together with six (6) bench areas spaced evenly around each lake.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined in the
Agreement after having determined it is not contrary to the city of Edgewater Comprehensive Plan and
Land Development Code and is compliant with all concurrency requirements set forth in said documents.
7. DEDICATION OF LAND FOR PUBLIC USE
The Developer shall convey to the City of Edgewater, by warranty deed and title insurance free
and clear of all liens and encumbrances, all roadway right of ways and all utility easements as required.
Villas at the Lakes has designated 20t acres as open space, to be maintained by the HOA.
8. PERMITS REOUIRED
The developer will obtain required development permits or letters of exemption. Permits may
include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health, St. Johns River Water Management District, Amy Corps of
Engineers, and Florida Fish and Wildlife Conservation Commission.
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2. City of Edgewater — Rezoning, Subdivision Plat approval, Subdivision Construction Plan
approval, all applicable clearing, removal, construction and building permits.
3. This site may require a Volusia County Environmental Permit.
4. The subject property is not within the 100-year Flood Plain; minimum finished floor
elevation shall be nine (9) feet.
9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, terra or restriction shall not
relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms
or restrictions, and any matter or thing required to be done under the existing ordinances of the City.
Existing ordinances shall not be otherwise amended, modified, or waived unless such modification,
amendment, or waiver is expressly provided for in this Agreement with specific reference to the
ordinance provisions so waived, or as expressly provided for in this Agreement.
Developer shall establish a mandatory Homeowners Association (HOA) for the purpose of
maintaining the property and enforcing applicable covenants and restrictions. The mandatory FICA will
also be responsible for the streetlight requirements that result from the project including payment to
Florida Power and Light for installation, maintenance and power consumption and the maintenance of the
stormwater areas within the Villas at the Lakes common area tracts as depicted on the plat. The FICA
documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By -Laws
shall be reviewed and approved by the City prior to final plat approval.
10. HEALTH SAFETY AND WELFARE REOUMEMENTS
The Developer shall comply with such conditions, terms, restrictions, or other requirements
determined to be necessary by the City for the public health, safety, or welfare of its citizens.
11. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the
Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal
will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute,
the issue shall be scheduled for the City Council agenda. The action of the City Council is the final
authority concerning this Agreement.
12. PERFORMANCE GUARANTEES
During the term of this Agreement regardless of the ownership of the Property, the Property shall
be developed in compliance with the terms of this Agreement and applicable regulations of the City not
inconsistent with, or contrary to, this Agreement.
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13. BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments, and all final
site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and
any person, firm, corporation, or entity who may become the successor in interest to the land subject to
this Agreement or any portion thereof and shall run with the land and shall be administered in a manner
consistent with the laws of the State of Florida.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in
Volusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months, commencing
12-months after the date of this Agreement to determine if there has been good faith compliance with the
terms of this Agreement. If the City finds on the basis of competent substantial evidence that there has
been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by
the City.
16. APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled, and interpreted
according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and obligations
contained in the Agreement.
18. AG REEMENF/AMEINDMEINI'
This Agreement constitutes the entire agreement between the parties, and supersedes all previous
discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to
and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal
amendment.
19. FURTHER DOCUMENTATION
The parties agree that at anytime following a request therefore by the other party, each shall
execute and deliver to the other party such further documents and instruments, in form and substance
reasonably necessary to confirm and/or effectuate the obligations of either party hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of this
Agreement by an action for specific performance.
Villas at the lakes 10
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other party to
enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the
prevailing parry shall be entitled to recover from the other party its reasonable attorney's fees, legal
assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including
bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or
not such action is prosecuted tojudgment.
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to
be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and the words
contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or
meaning of the provisions of this Agreement.
24. SEVERABH.ITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held
invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into
the date and year first written above.
ATTEST:
Susan J.ort�
City Clerk
Witnessed by:
CITY COUNCIL OF THE CITY OF
EDGE AT F A
iW--
Mi Intel Th mas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Sid C. Peterson, Jr.
Applicant
Villas at the lakes I l
Hanson & McCallister, Inc.
BY:
David McCollister, President
Signed, sealed and delivered in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me on this day of 2007,
by and who is personally known to me or has produced
as identification and who did (did not) take an oath.
Notary Public
Stamp/Seal
Villas at the lakes 12
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of Florida
U. S. Lot I, and a portion of U. S. Lot 2 and U. S. Lot 7, Section 6, Township 18 South, Range 34 East,
Volusia County, Florida being described as follows:
For a Point of Beginning, commence at the northeast corner of said Section 6, said point being marked by
a 4" x 4" concrete monument with "St. Regis" etched on the side; thence South 00'21'00" West, along the
east line of said Section 6, a distance of 4167.45 feet to the southeast comer of said U. S. Lot 7; thence
South 88'53'49" West, along the south line of said U. S. Lot 7, a distance of 50.01 feet; thence North
18'34'33" West, a distance of 2280.61 feet to a 4" x 4" concrete monument with an iron rod; thence North
53'37'44" West, a distance of 727.93 feet; thence North 73'0810" East, a distance of 47.17 feet; thence
North 61' 18'40" East, a distance of 1000.00 feet; thence North 28'41'20" West, a distance of 500.00 feet;
thence South 61'18'40" West, a distance of 1000.00 feet; thence South 28`41'20" East, a distance of
448.92 feet; thence South 73'08'10" West, a distance of 73.33 feet; thence North 28'47'43" West, a
distance of 574.76 feet to a 4" x 4" concrete monument with an iron rod; thence North 00'49'43" East, a
distance of 1002.14 feet to the north line of said Section 6; thence North 88'55'28" East, along said north
line of Section 6, a distance of 1700.30 feet to the Point of Beginning.
and
The West 50 feet of the East 300 feet of SW 1/4 of the SW 1/4 of Section 36, Township 17 South, Range
33 East, lying South of the existing County Road (exact South R/W to be established by Volusia County
Engineering Department by construction of paved road).
Containing 79.18t acres more or less and being in Volusia County, Florida
Villas at the lakes 13
EXHIBIT "C"
TREES
Common Name
Botanical Name
Inches (DBH)
Elm
Ulmus spp.
12 plus
Hickory
Carya spp.
12 plus
Loblolly Bay
Gordonia lasianthus
12 plus
Magnolia
Magnolia grandiflora
12 plus
Maple
Acer spp.
12 plus
Other Oak Species
Quercus spp.
12 plus
Red Bay
Persea borbonia
12 plus
Red Cedar
Juniperus silicicola
12 plus
Swamp Bay
Persea palustris
12 plus
Sweet Bay
Magnolia virginiana
12 plus
Sweet Gum
Liquidambar styraciflua
12 plus
Sycamore
Platanus occidentalis
12 plus
Turkey Oak
Quercus laevis
12 plus
Cypress
Taxodium spp.
12 Plus
Sugarberry/Hackbeny
Celtis laevigata
12 Plus
Slash Pine
Pinus elliottii
18 Plus
Longleaf Pine
Pious palustris
18 Plus
Villas at the lakes 15
et
M
Mayor Michel L. Thames
District 1 Cauncilwamm Della J. Rogers
District 2—Vice Mayor Dennis A Vmcenv
District 3 Cou talwomm Hemet E. Rhodes
District 4 Camcilwaman Judith R. Lichler
LETTER OF TRANSMITTAL
August 22, 2007
Sid Peterson Jr.
P O Box 428
New Smyrna Beach, F132170
Dear Mr. Peterson,
City Mmeger Jw C. Williams
City Aaomry Carolyn S. Assay
City Clete Stuart J. Wadsworth, CMC
The Edgewater City Council at their regular meeting of August 20, 2007 adopted Ord.
#2007-0-06, requesting an amendment to the Official Zoning Map to include 79.18±
acres of land located south of the Taylor Road and Glencoe Road intersection as RPUD
(Residential Planned Unit Development) and approved associated RPUD Agreement for
Villas at the Lakes (rezoning)
We are sending you the following attachments for action as defined below:
ORIGINAL -COPY
DESCRIPTION
ACTION
1-copy unrecorded
Old. #2007-0-06, amendment to the Official
1. & 5.
Zoning Map to include 79.18± acres of land
located south of the Taylor Road and Glencoe
Road intersection as RPUD (Residential
Planned Unit Development)
2-originals
RPUD Agreement for Villas at the Lakes
1., 2., & 5.
(rezoning).
1. For your files
2. For execution & return
3. At your request
4. For review & comment
5. See remarks
104 NORTH RIVERSIDE DRIVE
FAX- (386) 424-2409 SUNCOM 383-2407
CITY CLERK'S OFFICE- (386) 424-2400 EXT 1101
SWadsworth@cityofedgewater.org
Remarks: Please have both PUD Agreement -Villas at the Lake fully executed keep the
copy of unrecorded Ordinance 2007-0-06 and one unrecorded signed PUD Agreement -
Villas at the Lake for your files. Return one executed PUD agreement to my attention for
recording:
SusanJ. Wadsworth,CMC
City Clerk
P O Box 100
Edgewater, Florida 32132
Once Ordinance 2007-0-06 and the PUD agreement has been recorded I will forward
you a copy.
_6�/Qz
Susan J. Wadsworth, CMC
City Clerk
Cc: Legal
City Manager
Planning