10-08-2008
CITY OF EDGEWATER
Planning and Zoning Board
Wednesday, October 8, 2008
6:30 p.m.
EdgewaterCommunityCenter 102 N.RiversideDrive
AGENDA
1.CALL TO ORDER
2.ROLL CALL
3.APPROVAL OF MINUTESRegular meeting of September 16, 2008
4.OLD BUSINESS- PUBLIC HEARING
None at this time
5.NEW BUSINESS- PUBLIC HEARING
a.VA-0804 – Rix Development - Jeremy Anderson, applicant,requestingsetback and buffer variances
from the City of Edgewater Land Development CodeArticleVforproperty located at 114 N. Old
County Road.
b.RZ-0508 – ASD Properties Management, LLC, owner, requesting an amendment to the Official
ZoningMap to include 110.66± acres of land located on the south side of Old Mission road, west of
Josephine Street as RPUD (Residential Planned Unit Development).
6.OTHER BUSINESS
None at this time
7.DISCUSSION ITEMS
c.Development Services Director’s Report
d. Chairman’sReport
e.Agency Members’ Report
8.ADJOURNMENT
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made withrespecttoanymatter
considered at a meeting or hearing, that individual will need arecordofthe proceedings and will need to ensure
that a verbatim record of the proceeding is made.The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedingsshouldcontact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone
number 386-424-2400 ext. 1101, 5 days prior to themeetingdate. If you are hearing impaired or voice impaired,
contact the relay operator at 1-800-955-8771.
Citizen comments are to be limited to five (5) minutes
CITY OF EDGEWATER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
CASE # VA-0804
OWNER: JeffRix
't'
APPLICANT/AGENT: Jeremy Anderson
REQUESTED ACTION: The applicant is requesting the following variances from the Land
Development Code:
. Section 21-50.02 - Table V-I, south side setback of 10' in lieu of the required 50'
(when abutting residential zoning/use); and
. Section 21-54.04 buffer yard requirement to allow 5' in lieu of a minimum 30' buffer
yard and to be exempted from the required masonry wall installation standards.
PROPOSED USE: Light Industrial office/warehouse
LOCATION: 114 N. Old County Road (PID #'s 7452-01-00-0347 &7542-01-00-0349)
AREA: 1.29:i: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Industrial
ZONING DISTRICT: I-I (Light Industrial)
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Salvage Yard Industrial 1-1 (Lie:ht Industrial)
East Vacant Commercial B-3 (Highway
Commercial)
South Single Family Industrial I -1 (Light Industrial)
Residential
West FEC Railroad FEC Railroad FEC Railroad
Background
The applicant is requesting relief from the side setback and landscape buffer requirements
and is proposing to construct 15,000 SF of warehouse/ office space for light industrial use.
G:\Planning and Zoning Board\Info Summanes\2008\V A-0804 - RIX Development -Old County Road.doc
Land Use Compatibility:
The proposed light industrial use is compatible with the surrounding commercial and
industrial uses along Old County Road.
Adequate Public Facilities:
This site is served by the City's water and sewer service area and has direct roadway access
to unimproved Old County Road
Natural Environment
This site is has no known environmental issues.
Comprehensive Plan Consistency:
The industrial use of the property is consistent with Goal 1 of the City of Edgewater
Comprehensive Plan, Future Land Use Element which states "To effectively manage the
land use pattern in the City to enhance the quality of life for its citizens; promote economic
vitality; and, accommodate population and development growth in an environmentally
acceptable manner."
Other matters
Prior to development, the Technical Review Committee must approve the proposed site
plan.
Per the City of Edgewater Land Development Code Section 21-10.04, in order to grant a
non-administrative variance, the P&ZB shall make the following findings of fact:
1. That granting of the proposed variance is not in conflict with the Comprehensive
Plan;
2. That granting of the proposed variance will not result in creating or continuing a
use, which is not compatible with adjacent uses in the area;
3. That granting of the proposed variance is the minimum action available to permit
reasonable use of the property;
4. That the physical characteristics of the subject site are unique and not present on
adjacent sites; and
5. That the circumstances creating the need for the variance are not the result of
actions by the applicant, or actions proposed by the applicant.
STAFF RECOMMENDATION
Staff recommends approval of the variance requests from the City of Edgewater Land
Development Code as follows:
· Section 21-50.02 - Table V-I, south side setback of 10' in lieu of the required 50'
(when abutting residential zoning/use); and
· Section 21-54.04 buffer yard requirement to allow 5' in lieu of a minimum 30' buffer
yard and to be exempted from the required masonry wall.
for property located at 1 t1 Old County Road based upon the condition that the applicant
install some form of opaque barrier along the full length of the south property line.
G:\Planning and Zoning Board\lnfo Summaries\2008\V A-0804 - RIX Development -Old County Road.doc
2
MOTION
Motion to approve the variance requests from the City of Edgewater Land Development Code
as follows:
. Section 21-50.02 - Table V-I, south side setback of 10' in lieu of the required 50'
(when abutting residential zoning/use); and
. Section 21-54.04 biiffer yard requirement to allow 5' in lieu of a minimum 30' buffer
yard and to be exempted from the required masonry wall.
for property located at 114 Old County Road based upon the condition that the applicant
install some form of opaque barrier along the full length of the south property line.
G:\Planning and Zoning Board\lnfo Summaries\2008\V A-0804 - RIX Development -Old County Road.doc
3
<
~
D~
In 0
c _0
H. ~
lDr-~ ;0
!:I. 3" ~Z )CO
~ S'
.g
lD
~
-l=>o
o
-
.......d~/...........
r~~"'"
-'
/'
'"
",~,
"r"
,,'
......~....".......
~.....r
/'
-'
/',;.,..........
,,"
",.J"''''
", \ \'\ IA.
y\Jft<' v
.................,
......."................ ~ ..
r"/"-/"// \:t..t:<\",>N }j,~'{
......//'" "'~f~;
.-Y' ,""........ ("" t"" t::~$ .~
....,.....,......''''.. .....,t....)r
.w ,.J
1;;Jl.53.;\
, ::-N~r~~
l '\ \:IJ
\., t.
........
.........................
......d'"
..... 0 G)
Z ~
n
:r: "'C
II N ::I:
-l=>o 0 n
0 Vl
"Tl n
m )>
~ r-
~ m .f'
.,....""r
.........
~,.
/
-'
"..-..,."""............,
,....."../...
".
/
.;<{
.../
...."..,......r.........
/\\:;:/.
\.(t:
~J}\
",.\
~;~\
\
\.
"..................
~......./,./...
........,,,,.,....,..........'. .9:;
,,/
/
...d/'"'"
00
o
"."............
.......,,"....
,,,~~"'0.>i"j~.>'/
.......p"....
,/
"r'~
r'"
"r"
....',,"'...........,....
........./.....
,/,,,,r-',-.'/"
.,,~.
d,v" tz
'{;'
"r"
.,...."..;
~."
d'
""...."
,.
,.;..
"~.,
;f... '~'.?
....:,;
:~.
,~,
<<r;;
"
'~;0..
1:;
~'''':
'"
'"'
;::s
~.;.I
"';;"
t::
-'
///t;:,;r:
d '\ ;> :-.
\ .~*
r < \,"
<;t.'~,.9~ ~;
".,~ ~
.n' W>, .;,
l;'. '\ ~i.
"" \ X"y,
~~1~
.~~ ~~:.
.~~"'
't0I10CSb,'~ ~)
~\ 'z; 00"''3 ....
\~ '2.7." '<C
.~
<t
<-':;';:~:t
':':- :'..~
/~'~"
"....
,J...
~L..
()l()l
"'~
::..1 .
~~
~~
PO, ~
~.-:;
~g.
:;;/
...-;..)...
\\r
~-~
.~~.
?~:
/
/
.~./...,//.........
,,// :it}
~-" o"~.d........};t~
/......... ."',,""... /.'1;.-.....
...r"...I'...... ".....,.-F"".#"" /
l"'/i;,"d/~dr"~ ~,./../ .':.;,
..........~~..... "............,......-r
..... '.>- ...."......""
..../......
...1',......
,./
....,.-/"0.;;>
..............
......--.,........
/"
/
"'.,,/,............/
/'
~~ ' /'
tp.~ \} ... .....
~ a mh-~, ;t c; ,.///
~ ~ t~i~J.\~s :L~.~ ;t S '''~:// ~
" ~ ~ ~ ~ f"1i /.>' 'tt:;;":>:;; /:;;,,;J't, ~
~ ~ ~ ~ ~~~~\ ///~::'=<~";<{l'\;:/ '". ~,"'J;:';:~::' !B
~ a ,S'~ / 't&',,'" "<;'::::>/ ,;Yf:-'y<'>'<;:;;:;::'; ~ ~
Z t:D ~ {J) ~""","f~.....,.~~""'" .",......./""->-/....., _
m C In I'TI " -" _ .. .;.{ d/~ ~
r- E g /~;;tt; / /// '.,' / //// ~
Q mz n- / d./'''/~''/" ::8'" ,/" ...... po</'" ~ / ....
Z ~ ' /""'/1' /' <(:' .........../.."
----of "... ",/ /' ./..:'.,'..,'~;':-".C ~Ww'; ~:w,'~,. .
G) - ../~~ <-.\ ",,,,' .-/ S j//' ~/ '. -n ,;..
,r;f.7:;'~:~ ::>:.;r' /~::- r(;~ //~~../ /"
:::,.'........ ~.P~~"" (J') / :"....v/ "..".... ..............r-
",,;;j;":.)..J>--" /' ./~~:;// ~"" ~y/~" /"
.~.;r /:i:Jc;~/" /~/~~~;3/" ~ ~ ~
/""/'';/<(~' ./ // ~ S ~
./<.';,' it ::: :: ~o 0.,0 '" \~ n ~ ~ ~ /tll g...;l 0 > Sc:: 0
-/::;'<[.,0'; I'D i6 tII......o q.E" q ; '.... g~:o -0'; 2: .~d~ It) .,., z 0 ..
-,)','"' ~ - ~ ~ ,..,.'" "" 0 ... ",""f; o./g..''';<-:r 0 ~.
,~ ' g lU ~ [...~ ~ <; E e. ~ ?......Ei.................. U) I'll ~ c &
rl ~<.a EU CD ~ Dr ~~/g..:::.;; .. Fl ~ m
l ~ ~t<' c.. 0 0 -/"-10.-.....:.:.....-;: ] }:Io :T "lJ VI
EU.~.~_.~~~~o3o ~_~ n
"8 ,~ffl' ~ s- ~~.....o }S 5: OJ ;: tIl ~ In E ~
.3o"(P.1'- 0 :::1....0 l>> 5 ~ CJ "'C 0 ~ ti1 c ~
/- "0 0 s= ~ b 6: D) ci" I>> :i": ~ N r;' ~ 0
/ s..:c:tt) 0 ~~E..:::S E.s=tr ... g'l~ CD ~
. ~~ O~rD~~~~I>>O aEUo 0
/ mon~~l'D~:T m~'" rl~~ C
~.~o~~,..~rD~_.~. ~~_
/ ~.~~~~~~~~~8~ ~g~ ~
<- ~~:;aJ"'C"""";.~nr~o~~ 2:Qg :x1
.... 0 ~ Rl I'D... ::::!. CD .., ...w g -. a. r+ ..-<
~[~a"'CI>><..,:"lJ~ ~S'~ ~o
l'D.... >:.;. 2. :::C< cu EU t/'} tD OQ I:a.
~"<~~ ~~~~c n~~o ~
n~~Rlr+ ~~_. ~ 00 0
~~g~a o~g~~ a~~ ~
~~~I'Il~ ;a~~~: ~~! ~
~V'l~:~. ~~~=g 2~a I
W~~~~ rlmc..J QMI n
~~~w~. ~~~l'D~ ~~~ ~
"'ii!;~~~ ~n9'~ffi 6j';~ ""
~m~rl >:;aJ~~ no I "lJ
~No~ffi <~~~~ O""""P ~
.. - ~:I I'D c: c: EU _
1>>~~mB ~~EU~~ ~~~ ~
E:1II!S-" ffi~a.8~ -?iil", ~
~gwa8 ~"'=aiil ~~~ c
::IOqOO"'O:J =rl--log""N 00.0 :x1
n",,~EU~ l'DO~o~ :::I.I'Il~ "lJ
~~m;g go~~@ ~c..~ 0
o Q.~=", '" O'(;l<::'" ' :r~ ~
;:::g~:z 20 !2..~ 8: In
Ilfg8~ ~iii~ !:g~ i
~ '" - q @ ~
-:::1.........
t~{&~.~
(y~{;
/'
.-.r.......rJ;.r-
/
./
1{}~::-,
In Z \:I lP In
::c 0 m C =i
m z :;c 5 m
r- <
r- \:I 0
\:I m Z
~ :;c C G)
:5 In
2S 0 n
z C 0
G) In Z
n n
:;c
0 ~
z
n m
:;c
m
~
m
(J')
--f
m
RO
OJ
C
>
z
o
In
n
l>
\:I
m
lP
C
...,
...,
m
:;c
lP
S
r-
Q
z
G)
In
~
lP
>
n
~
)>l>)>l>
0000
'- '- '- '-
~~~~
mmmm
zzzz
-l~~~
:Ev;mz
mO(l;;o
~~.:::!~
~:I: ::c
~ ~
\:I N
:;c 0
e z
mz
QG)
n
~
!!!
...,
8
5
z
Ci)
m
Z
m
::c
)>
I'
,~ ,~
\Ow
"-' '-"
Cow
~~
....
,In
....
-...J
....
In
"TI
U1 10
Cr.....
tv 00
In In
1n"TI
...,
....
\0
i.n
....
-...J
In
"TI
....
U1
b
o
o
In
"TI
U1
en
N
w
....
In
...,
-i
o
-i
l>
r-
l>
:::c
m
~
I
o
z
Ci)
)>
::c
m
)>
(J')
:E In m Z :E In m Z =0 ~ r-
0 )> 0 0 )> 0 .0 ~
m ~ m ~
In C :;c In C ::0 r- ::c
-I -I ~ ~ -I ~ c: :E ~
II ::c II ::c II ::c II :I: $ )> Z
q II .... II q II tv II ~ -<
n q lJ! U"I U! .... 0
~ q q C
In
~
In :;c
ti :;
r-
'I
.t:
v U! .... lJ! v .... v .... ;g
q q q q tv q ~
U! ~
~
r- r- r-
~~~
::C::C::C
~~~
zzz
000
ccc
~~~
:;c::o:;c
:;:;:;
r- r- r-
-
'II
~.t=~
~--...--
tc:;:::~S
tu,,~~
~~ -
~w~
~~~
O~99900....
tuIOW....O~i.uN
'-JwU1WtvU1.j:>.1O
:b:b)>l>)>l>l>)>
r)r)nnnnnn
~
;;0
i>
z
n
m
N'"
DATE:
REVISION lSSUEMTE:
BY,
m
-Q~m~ :r>
!~~~ -. &.
~J8~ ; III
I J] it I'D ...
~i t:!.~
~ ~ ::I
RIX DEVELOPMENT
VARIANCE EXHIBITION
CITY OF EDGEWATER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
CASE # RZ-050S
OWNER: A.S.D. Properties Management LLC.
APPLICANT/AGENT: A.S.D. Properties Management LLC.
REQUESTED ACTION: Amendment to the Official Zoning Map to include 110.66:1: acres of land as RPUD
(Residential Planned Unit Development).
PROPOSED USE: Mobile Home Park
LOCATION: East of Old Mission Road, north of Mission Oaks Condominium and south of Josephine Street.
AREA: 110.66:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Medium Density Residential with Conservation Overlay and Conservation
ZONING DISTRICT: Volusia County MH-5 (Urban Mobile Home), MH-l (Mobile Home Park), MH-7 (Mobile Home
Park) and RC (Resource Corridor)
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant, Mobile Volusia County - Environmental Volusia County - MH-2 (Mobile
Homes Syet3ms Corridor, Urban High Home & Recreation Park), MH-
Intensity, and Urban Medium 5 (Urban Mobile Home), and
Intensity RC (Resource Corridor)
East Vacant, Mobile Volusia County - Environmental Vol usia County- R-3 (Urban
Homes, Single Systems Corridor, Urban Medium Single Family Residential) ,
Family Residential Intensity, and Urban Low MH-5 (Urban Mobile Home),
Intensity and RC (Resource Corridor)
South Vacant and Single Volusia County - Environmental Volusia County - MH-5 (Urban
Family Residential Systems Corridor, Low Impact Mobile Home), RC (Resource
Urban Corridor)
City of Edgewater Low Density City of Edgewater -
Residential (LDR) with Residential Planned Unit
Conservation Overlay Development (RPUD)
West Vacant, Single Voh;sia County- Urban Medium Volusia County - R-4 (Urban
Family Residential, Intensity and Low Impact Urban Single Family Residential),
Mobile Home and MH -2 (Mobile Home &
Campground Recreation Park), Mobile Home
Park (MH -7) and Resource
Corridor (RC)
Background
The majority of the property is zoned with Mobile Home designations within Volusia County. The applicant
proposed to annex into the City and develop consistent with the present County Future Land Use and Zoning.
The Planning and Zoning Board recommended approval of the annexation request to City Council for this property
on March 9,2005. The annexation request was approved by City Council on July IS, 2005.
Created on 9/25/200812:34 PM
The Planning and Zoning Board recommended approval of the Comprehensive Plan Future Land Use Map request
for this property on May 11, 2005. City Council approved the Comprehensive Plan Future Land Use Map
amendment on October 10, 2005.
At their regularly scheduled meetin~ on January 7, 2008, City Council approved a motion granting approval of the
subject property to be considered as vested pursuant to compliance with Section 21-07.06 of the Land Development
Code.
Land Use Compatibility
The proposed mobile home residential use is compatible with the surrounding area.
Adequate Public Facilities
This property has access to Old Mission Road. The property lies within the water and sewer service area of the City
of Edgewater per an agreement with both the City of New Smyrna Beach and the Utilities Commission of New
Smyrna Beach. Plans for utility lines in this area have been accommodated partially by the Western Reserve Area
Utilities Project.
Natural Environment
This property is heavily wooded, although some underbrushing has occurred. An environmental assessment shall be
completed prior to any development of this site.
Comprehensive Plan Consistency
Per Table III-1 of the Land Development Code the proposed RPUD (Residential Planned Unit Development) zoning
district is compatible with the existing Medium Density Residential with Conservation Overlay and Conservation
Future Land Use designation.
Other Matters
No other known matters.
STAFF RECOMMENDATION
Staff recommends sending a favorable recommendation to City Council to approve an amendment to the Official
Zoning Map to include 110.66:1: acre,; of land located on the east side of Old Mission road, south of Josephine Street
as RPUD (Residential Planned Unit Development).
MOTION
Motion to send a favorable recommendation to City Council to approve an amendment to the Official Zoning Map to
include 110.66:1: acres of land located on the east side of Old Mission road, south of Josephine Street as RPUD
(Residential Planned Unit Development).
..
Created on 9/25/2008 12:34 PM
III
Gl
'f~
Gl...l ~
g...z~
... E
0.01
c~
~
~
MILR(
THIS INSTRUMENT PREPARED BY:
CITY OF EDGEW A TER
P.O. Box 100
Edgewater, FL 32132-0100
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Gnly
PUD AGREEMENT
OAKWOOD COVE
THIS AGREEMENT is made and entered into this
day of
, 2008 by
and between, the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, whose mailing
address is P. O. Box 100, lu4 N. Riverside Drive, Edgewater Florida 32132, (hereinafterreferred to
as "City") and A.S.D. Properties Management, LLC, owner, whose address is 333 W. Marion
A venue, Edgewater, Florida 32132 (hereinafter 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 ofthe agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 1 1 O::l: acres located east of Old Mission
Road and north of Mission Oaks 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 A.S.D. Properties Management, LLC.
2. VESTED RIGHTS
On January 7, 2008, the City Council determined the Developer to have vested rights.
Accordingly, the rules, regulations and provisions ofthe City's Land Development Code in place on
or about September 10, 2006 shall apply. Any and all vested rights granted to Developer shall
remain in place so long as ~~::s Agreement shall be in full force and effect and shall lapse in the event
this Agreement is terminated or revoked. This Agreement may be terminated or revoked solely
Oakwood Cove_PUD_06_13_08_c1ean_version 1
under those limited circumstances specifically set forth herein and only for just cause following
Developer's failure to cure a material breach of such specific provisions after receiving written
notice and a reasonable opportunity to cure such breach from the City.
3. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Oakwood Cove, as defined by the Master Plan, dated June 4,2008
(Exhibit "B" included herein), within twenty four (24) months of the effective date of this
Agreement. Developer's failure to initiate construction within twenty four (24) months may result in
the City's termination of the Agreement. Commencement of construction means to begin
performing on-site modification, fabrication, erection or installation of a treatment facility or a
conveyance system for the discharge of wastes and on-site modification, fabrication, erection or
installation of a treatment facility or a transmission system for the conveyance of potable water.
Land clearing and site preparation activities related to this construction are not included herein;
however, before undertaking land clearing activities, other permits for stormwater discharges from
the site may be required. '{he City, at its sole option, may extend the duration of this Agreement.
This development must be consistent with the Master Plan 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.
4. 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 Edge water's Land Development Code, as described in Paragraph
2 above. The Developer further agrees that all development will be consistent with the Oakwood
Cove Master Plan dated Ju;\e 4, 2008 (Exhibit "B"). Oakwood Cove shall be developed consistent
with the City's single-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 SizelUnit Count
Oakwood Cove shall not exceed a total of 135 single-family dwelling units. The I 35 single-
family lots are planned to be a minimum of 50' x 95' or greater. Based on the Final Subdivision Plan
approval, the total number of units may vary but the maximum residential units allowed for
Oakwood Cove shall not exceed 1.35 gross dwelling units per total acreage or a total of 135 units.
No lot will exceed a maximum building coverage of35% with a maximum impervious
Oakwood Cove_PUD_06_13_08_c1ean_version 2
coverage of 65.% per lot.
Minimum Lot Size:
Area - 4,750 square feet
Width -50 feet
Depth - 95 feet
B. Minimum House Square Footage
The minimum gross house square footage shall be at least 750 square feet living area under
air, carports will be allowed.
C. Minimum Yard Size and Setbacks:
Front -20'
Rear - 10'
Side - 7.5'
Side Comer - 7.5'
Maximum Height -35'
Utility Easements -5' front, 7.5' sides
D. Roads
Roads within Oakwood Cove will have a minimum right-of-way of fifty-feet (50') with
twenty feet (20') of pavement and a two-foot (2') curb on one side of the road and a six-inch (6")
curb on the other. All roadways within Oakwood Cove will be private and gated. All gates shall
conform to the requirements of Section 21-215 of the City of Edgewater Land Development Code.
Utilities shall be dedicated to the City of Edgewater.
E. Stormwater Management
The retention pond(s) will meet the requirements for the St. Johns River Water Management
District and the City of Edge water Land Development Code (LDC). The pond(s) are approximately
6:1: acres and will be owned and maintained by the HOA. Developer is required to provide and
outfall to a publicly owned drainage conveyance system, and obtain an off-site drainage easement if
necessary. The Developer shall meet all requirements pertaining to flood plain development
standards as defined in the: ;~DC.
F. Signage
Any signage shall meet the current City of Edgewater Land Development Code.
Oakwood Cove]UD_06_13_08_clean_version 3
G. Trees
Single-family lots shall have a minimum of two (2) trees per lot. All other City and County
minimum tree protection standards shall be satisfied for this subdivision development.
H. Entrance to Subdivision
Two (2) entrances, per master plan, shall be permitted for accessing the development
from Old Mission Road.
I. Model Homes and Temporary Offices
Lots I, 2, 15 and 102 are designated for use as potential model home or temporary sales
office lots. 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 a 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), if 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 reall;state 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. The number of flags shall not exceed four (4)
Oakwood Cove_PUD_06_13_08_c1ean_version 4
1. Declaration of Covenants, Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and
By-Laws for the Homeowners Association will be recorded in the public records of V olusia County
at the time the final plat for Oakwood Cove is recorded.
K. Permitted Commercial/Retail Uses for Northern Parcel
Notwithstanding anything in the Agreement to the contrary, the northern portion of the
property described on Exhibit "e" attached hereto (the "Northern Parcel"), may be developed for
anyone or more of the following permitted commerciallretail uses and/or any uses compatible with
Zoning District "B-2" as established under the City's Land Development Code:
. Financial, Banking and Investment Institution;
. Gas/Service Station;
. Convenience Store;
. Retail;
. Professional Offices;
. Studios;
. Restaurant;
. Personal Service Facilities;
. Public Buildings and Government Offices;
. Recreation and Entertainment;
. Laboratory/Clinic;
. Toys/Sporting Goods;
. Courier Service;
. Hardware/PaintlWallpaper Stores;
. Office Supply;
. Car Wash;
. Day Care Center;
. Pharmacy;
. Realtor;
. Insurance Sales Office;
. Health/Fitness Facilities;
. Liquor Store;
. Churches/Places of Worship;
. Medical/Dentist Office;
. Furniture Store;
. Eating and Drinking establishments;
. Computer sales/services;
. Beauty/Barber Shop;
. Dance Studio;
. Telecommunication towers/antennas;
Oakwood Cove_PUD_06_13_08_c1ean_version 5
.
AnimalN eterinary Hospital;
Retail Laundry/Dry Cleaning;
Night Club/Lounge/Bar;
Pool Hall/Billiards;
Shopping Center;
Theater;
Schools;
RV & Boat Storage; and
Arcades.
.
.
.
.
.
.
.
.
If the Northern Parcel is developed for commerciallretail uses, the setbacks and height restrictions
and other requirements for the Northern Parcel shall be as follows:
1. Intensity - The commercial/retail development shall not exceed a total of 58,500
square feet (500 square feet per dwelling unit).
2. Building Height - The maximum building height for the commercial/retail buildings
shall not exceed 35 feet measured from the finished floor elevation to the peak of the roof.
3. Maximum Impervious Coverage - The impervious coverage for the commercial/retail
development shall not exceed seventy five percent (75%).
4. Setbacks - The setbacks for the commercial/retail development shall be 40 feet in the
front, 20 feet in the rear, and 10 feet on each side.
5. Minimum Lot Size - The minimum lot width for the commercial/retail development
shall be 80 feet. The minimum lot depth for the commerciallretail development shall be 125 feet.
5. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Oakwood Cove is Medium Density Residential with
Conservation Overlay and Conservation. The zoning designation for Oakwood Cove shall be RPUD
(Residential Planned Unit Development) as defined in the City Land Development Code. The City
of Edge water's permitted uses for RPUD (Residential Planned Unit Development) are applicable to
the development of the property and consistent with the adopted Comprehensive PlanlFuture Land
Use Map.
6. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable water system at the nearest point of connection,
Oakwood Cove_PUD_06_13_08_clean_version 6
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 the 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 future.
Therefore, the developer shall install reclaimed piping in anticipation of said services.
D. Developer agrees to provide on and off site current and future utility and drainage
easements for drainage ana 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
Oakwood Cove Homeowners Association at the time of final plat approval; provided, however, if
the Northern Parcel is developed for commercial/retail uses, the roadway improvements and all
associated right-of-ways in the Northern Parcel shall be dedicated to the Oakwood Cove
Commercial Owner's Association.
G. Off-site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, lh~celeration 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
applicable permit application is signed by the city, thereby reserving requisite water
capacity. A minimum water charge shall be applied to each E.R.U. reserved and not
connected within one (1) year.
Sewer - Pa:; 100% of the applicable impact fees to the city by applicant at the time
the applicable permit application is signed by the city, thereby reserving requisite
sewer capacity. A minimum sewer charge shall be applied to each E.R.U. reserved and not
connected within one (1) year.
Oakwood Cove_PUD_06_13_08_clean_version 7
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 (if deemed applicable by the
Volusia County School District) - Paid at City Hall by applicant to include, but not
be limited to, local road impact fee, County road impact fee, 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.
I. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, alld 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 Edge water for direct costs associated with
the legal review, engineering review and construction inspection related to the
Oakwood Cove 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
Water Distribution System including fire hydrants.
Sewage Collection and Transmission System.
Stormwater collection/treatment system, including outfall system.
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.
Developer is responsible for costs of recording the plat upon approval by the City of
Edgewater. .
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
Oakwood Cove_PUD_06_13_08_c1ean_version 8
following:
1.
2.
3.
4.
5.
6.
recording of the Final Plat. The Maintenance Bond shall be in effect for a two (2)
year period.
I'.
7. Sidewalks shall be constructed on one side of the street/roadways, along all common
areas and have a minimum width of four feet (4') and shall be constructed on each
building lot prior to issuance of a Certificate of Occupancy on said building lot.
Sidewalks along common areas shall be constructed and approved by the City prior
to issuance of the first Certificate of Occupancy for the development. 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
8. Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and
maintained by the Homeowners Association or the Commercial Association, as
applicable, and be installed by the Developer, pursuant to LDC standards at time of
installation of the infrastructure or prior to the Certificate of Occupancy issuance for
the first dwelling unit.
M. Recreational Facilities
No recreational facilities are planned at this time.
7. 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 Developmeat Code and is compliant with all concurrency requirements set forth in
said documents.
8. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the Oakwood Cove Homeowners Association or the
Commercial Association, as applicable, 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. Oakwood
Cove has designated 27.5 acres as open space, to be dedicated and maintained by the HOA.
9. PERMITS REQUIRED
The Developer wiii obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. County of V olusia, Department of Environmental Protection, Department of Health,
St. Johns River Water Management District, Army Corps of Engineers, and Florida
Oakwood Cove_PUD_06_J3_08_c1ean_version 9
Fish and Wildlife Conservation Commission.
2. City ofEdg~water - 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. 100 year flood elevation for this site is 6.2-feet minimum finished floor elevation
shall be 7.2-feet.
10. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction shall
not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restristions, 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.
11. HEALTH SAFETY AND WELFARE REQUIREMENTS
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.
12. 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.
13. 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.
14. BINDING EFFECT
The provisions ofthis 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
Oakwood Cove_PUD_06_13_08_c1ean_version 10
land subject to this Agreement or any portion thereof and shall run with the land and shall be
administered in a manner ~0nsistent with the laws of the State of Florida.
15. 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.
16. 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 6fl of competent
substantial evidence that there has been a failure to materially comply with the terms of this
Agreement, the Agreement may be revoked or modified by the City. Any such revocation or
modification shall only occur after the City has notified the Developer in writing of Developer's
failure to materially comply with the terms of this Agreement and Developer fails to cure such
breach after receiving written notice and a reasonable opportunity to cure such breach from the City
17. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
18. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
19. AGREEMENT/AMENDMENT
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 ofthe provisions of this Agreement shall be made by the parties only in
writing by formal amendment. Substantial changes, as determined by the City Manager, will require
City Council approval.
20. FURTHER DOCUMENTATION
The parties agree that at any time 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.
Oakwood Cove]UD_06_13_08_c1ean_version 11
21. SPECIFIC PERFORMANCE
Both the City and !~e Developer shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance.
22. 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 party 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}lot such action is prosecuted to judgment.
23. COUNTERP ARTS
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.
24. 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.
25. SEVERABILITY
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: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel
Michael Thomas
City Clerk
Mayor
Oakwood Cove_PUD _ 06 _13 _ 08 _ clean_version
12
Robin L. Matusick
Paralegal
Witnessed by:
Rodney Jones
Applicant
A.S.D. Properties Management, LLC
Signed, sealed and delivered in the presence of:
STATE OF FLORIDA
COUNTY OF VOL USIA
The foregoing instrument was acknowledged before me on this
day of
2008, 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
Oakwood Cove _ PUD _ 06 _13 _ 08 _clean_version 13
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and
State of Florida.
LEGAL DESCRIPTION (OR BOOK 2450, PG 1863)
PARCEL A:
The following land in Volusia County, Florida:
All of Block "0" except Lot 2 West of Canal and North of Road; that part of Lot 1, Block
"E" lying South of Road, except that portion described as follows:
Beginning at the Southwesterly corner of said Lot 1, Block "E", thence Northerly along
the Westerly line of said Lot, a distance of 325 feet to the Point of Intersection of the
West line of Lot 1 with the County Road; thence Northerly along County Road a distance
of225 feet; thence Southeasterly 575 feet more or less to the Southeasterly corner of said
Lot; thence Westerly along Southerly line to the Point of Beginning, all being situated in
the JAMES LUPE SUBDIVISION, per Map Book 2, page 33, Public Records of Vol usia
County, Florida.
ALSO:
That part of Lot 5 of the middle 1/3 of the AMBROSE HULL GRANT, according to the
map in Map Book 1, Paged 141, described as follows: Beginning at the Southeast corner
of Block "0" of JA!vpS LUPE'S SUBDIVISION of the AMBROSE HULL GRANT,
thence Southerly on a line being the extension of the East line of Block "0", a distance of
220 feet; thence Westerly to the Southwest corner of said Block "0"; thence Easterly
along the South line of said Block "0" to the Point of Beginning, except that part
described as follows: Property in Block "0" of the JAMES LUPE SUBDIVISION, per
Map Book 2, Page 33, Public Records of Volusia County, Florida, described as follows:
Commence at the SE comer of Block "0" of JAMES LUPE SUBDIVISION; thence
Southerly on a line being the extension of the East line of Block "D", a distance of 220.1
feet; thence South 6r22' West 1223.6 feet; thence North 76032' West 352.26 feet; thence
North 22046'20" East 735.77 feet; thence South 67013'40" East 277.66 feet; thence South
22046'20" West 55 feet; thence South 17E20'40" East I 0 feet for the Point of Beginning;
thence South 17020'40" East 225 feet; thence South 72039'20" West 133.33 feet; thence
North 17020'40" West,)25 feet; thence North 72039'20" East 133.33 feet to the Point of
Beginning.
TOGETHER WITH:
LEGAL DESCRIPTION (OR BOOK 2476, PG 1012)
EXHIBIT _A _ asd
PARCEL "A":
A parcel of land in th~-middle of 3rd of the AMBROSE HULL GRANT, (said Middle 3rd
lying and being in Section 44, T-17-S; R-33-E and Section 53, T-17-S; R-34-E) and
described as follows: Commence at the Northeast comer of said Middle 3rd; thence
Southerly along the East line of the HULL GRANT 1631.6 feet for the Point of
Beginning; thence S 23030' E, 1531.52 feet along the Easterly line of HULL GRANT;
thence S 64042' W. 2331.76 feet; thence N 13026'30" E, 1806.24 feet; thence N 4013' W,
69.25 feet; thence N 65050' E, 1223.63 feet to the Point of Beginning, Containing 61.56
acres more or less and all being in said AMBROSE HULL GANT;
PARCEL "B":
A parcel of land in the Middle Third of the AMBROSE HULL GRANT, said Middle
Third lying and begin in Section 44, Township 17 South, Range 33 East and Section 53,
Township 17 South" Range 34 East and described as follows: Commence at the
Northeasterly comer o'r'said Middle Third, thence Southerly along the Easterly line of the
AMBROSE HULL GRANT, 1631.6 feet, thence South 65050' West, 1223.63 feet for the
Point of Beginning of the description, thence S 4013' E, 69.25 feet; thence N 760E36' W,
556.56 feet to the Mission Road (Old Turnbull Hammock Road) thence with the said
Road N 22022' E 66.82 feet, thence S 76036' E, 525.49 feet to the Point of Beginning of
this description. Subject to an easement over Parcel "B" for road purposes.
PARCEL "C":
A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in
the Middle 3rd of the AMBROSE HULL GRANT, according to the plat thereof as
recorded in Map Book 8, Page 125, of the Public Records of Volusia County, Florida,
being described as follows: Commence at the Southeasterly comer of Block "F", said
LOVEJOY'S 2ND SU~DIVISION; thence North 1000'00" West, along the Easterly line
of said Block "F", a distance of 1300.00 feet; thence South 69E 12'53" West, a distance of
1548.04 feet for the Point of Beginning; thence South 21 000'00" East, a distance of
281.30 feet; thence South 69012'53" West, a distance of 1548.14 feet; thence North
21001'46" West, a distance of 281.30 feet; thence North 69012'53" East, a distance of
1548.29 feet to the Point of Beginning.
Subject to an together with a 30 foot easement for ingress/egress and utilities described as
follows: A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND
SUBDIVISION in the Middle 3rd of the AMBROSE HULL GRANT, according to the
plat thereof as recorded in Map Book 8, Page 125, of the Public Records of Vo1usia
County, Florida being described as follows: Commence at the Southeasterly comer of
Block "F", said LOVf,JOY'S 2ND SUBDIVISION; thence North 21000'00" West, along
the Easterly line of said Block "F", a distance of 1300 feet; thence South 69012'53" West,
a distance of 1548.04 feet; thence South 21 000'00" East, a distance of 125.65 feet for the
Point of Beginning; thence continue South 21000'00" East, a distance of 30.00 feet;
thence South 69012'53" West, a distance of 12.54 feet; thence North 65047'07" West, a
distance of 177.69 feet; thence South 69012'53" West, a distance of 1631.58 feet to the
Easterly line of Old Mission Road, as now occupied; thence North 02026'47" West, along
said Easterly line of Old Mission Road, a distance of31.61 feet; thence North 69013'32"
EXHIBIT_A_asd
2
East, a distance of 1634.07 feet; thence South 65E47'07" East, a distance of 177 .69 feet to
the Point of Beginning~
Containing 110.66 :!:: acres more or less.
EXHIBIT _A _asd
3
EXHIBIT "B"
MASTER PLAN
-I:,
~ ~ ~
~ ~ ~
'" .!
~ ~
: I
~
N
O.
,
~
Z
o
~I
~I
"
;11
;U
OVl
VlO-l
~-l;::0
'o";u
U1;UfTI;::
~~Z::E
OG1V1~
'fTI~-l
......,:::! fTI
Z;U
G1
tn'J~
"
U1fgZ
-...JVI~
~fTI-l
O;UC
;U<AI
fTI~~
VI:::!'
o
Z
OVl
VlO-l
U1-l;::0
'o";u
U1A1fT1;::
~~Z::E
OG1V1~
, fTI~-l
...........::jrrl
ZAI
G1
l:
~
\
> ~\~
( I I
~ jr=~
~~I
(' ;"
~\+
O\~
~~
~O
AI
mOGl
, 0-
U1;::O
~;::2
o\ti:::!
Alo~
fTI-,
VI~
'0
;U
N
C!-
,
~
Z
o
VI
o
~
"
fTI
OJ
C
"
"
fTI
AI
N
O.
,
~
Z
o
VI
o
~
"
fTI
OJ
C
"
"
fTI
;U
fTI
Z
-l
AI
~
Z
o
fTI
'W ~~YO~9E~,~~
CMl ENGINEERS' lANDSCAPE ARCHITECTS
("."81 (LCllll
PlANNERS. TRANSPORTATION. ENVIRONMENTAl
VWM.ZEVCOt1EN,C()f,I
'\
PROJECT NO: 03023
ISSUE DATE: 0lI.0UllI
DESIGNED 9Y: JOfPN
OAKWOOD COVE PUD
DRAFTED BY: OS
CONCEPTUAL SITE PLAN
CHECKED BY: fIN
DRAWING Fn F' 0Jll7.lCP
XREF'8
CITY OF COOCWATER
VOLUSIA COUNTY, FLORDA
20' LANDSCAPE BUFFER
7
;r
;r
I
'/
;r
I
;r
;r
I
;r
;r~
~<?
~~
;rrgj
,.!:,.
;r'>)D
t;~
~?
;>
;r
;r
NAI
IOfTI
'VI
U1-
o
~fTI
OZ
AI:::!
fTI~
VI,
I
;r
;r
(~o,
~ (,
~ -11\10
~~
~SU,c-,
~.<'~-l>
~
~
fTI
Z
-l
;U
~
Z
o
fTI
l'1
~
'"
:1
~
-;
'"
q
~~;::;::;::OQ!
g=nn!olt
_0.-'-'-'3
~~. ~ g ~ 3 ~
aen333ID3
!!. CD b' "lJ a !li
g- ~ 3 a ii' ~
a-~3~-a
co <D <D
II I Q. Co
~~'=bl
"lJa:33
~if~~
~ '8'~ !l.
'< en f7i ~
c:[()~
il 0
.. ~
iil
co
<D
~;::~~~~~~~~~~~~~~~~W
~~. 2. ~ = ~ ~,m c c ~ ~ PI.g~.g !,)( i
~. ~ ~ ~ a: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ * ~. ~
en3 3 rID -en::!:"lJ"lJ3 .Q.o.lIl o.N~ 0
~rba~~~~~~~ a~a~g-~m
~~~Q!~a<D!li~~~ ~iC~5P~
~gN'~ ~:;:,u~~; ;c~c5(Qz-t
(nCD~ ~aoo'o's. Q)cn PAl
II gJ :::l So. ~ :1 :::l Ul t'D C"
~~ a~~~~ G
"lJ .ii'" '" ..
a en ~~
~ o~..g
-< a; g.~'
r CI Q.a.
~. ;
'"
~
~.
.
q ~ ~ ~i~-~
""'"
8
en
:"
. .
....,O()Ul....
)>;+;+-.....101
o'<'<)>}lo
~~~~a
-0.0.""(/1
~~~Ul-::
-~~~~
~ ~
.
....,.....,....rv W01~
O:!~qq ~~~
<00
U]~
:"
:-,,~:::o!::::o!:......
~g~~~!:t
r)>OC:O- ~
~(") 3 S:6
:;; g ~ ~ ~
o ,,_
~ V> ~
CD ~;~
I 01
o
ST. AUGUSTINE
....,5 u.s 1 $. STe 1601 ST. AUGUSTINE. Fl 32066
(904) 197-1!10 FAX (904) 197....159
ORMOND BEACH
JOO INTCRO'lANGC BLVD. ORMOND BEACH, n 32174
(386)671-2482 FAX(386)617-2505
FOR REVIEW ONLY
NOT FOR CONSTRUCTION
AMELIA ISlAND
401 CENTRE ST. srE 301 FERNANOINA 8CH, Fl 32034 @1tY c:OtO &: ASSOaAlD Me. ZOl>>
(00.1491-5436 FAX (904)261-7879
,
,
r
EXHIBIT "C"
NORTHER PARCEL (COMMERCIAL)
LEGAL DESCRIPTION
A PORTION OF BLOCK "D" OF JAMES LUPE'S SUBDIVISION OF THE AMBROSE
HULL GRANT PER MAP BOOK 17, PAGE 63 (MAP BOOK 2, PAGE 33) OF THE PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE MIDDLE 1/3 OF THE AMBROSE
HULL GRANT PER MAP BOOK 1, PAGE 141 OF SAID PUBLIC RECORDS OF VOLUSIA
COUNTY, FLORIDA; THENCE S23030'OO"E ALONG THE EAST LINE OF SAID MIDDLE
1/3 OF THE AMBROSE HULL GRANT, A DISTANCE OF 714.85 FEET, SAID EAST LINE
ALSO BEING THE EAST LINE OF SAID BLOCK "D" OF JAMES LUPE'S SUBDIVISION
OF THE AMBROSE HULL GRANT: THENCE DEPARTING SAID EAST LINE OF BLOCK
"D" S66030'OO"W, 182.25 FEET; THENCE N84016'55"W, 157.88 FEET; THENCE
S66010'01"W, 202.77 FEET; THENCE S38037'01"W, 195.12 FEET; THENCE N81027'29"W,
97.44 FEET; THENCE NI4039'39"W, 186.00 FEET TO THE EASTERLY RIGHT OF WAY
LINE OF MISSION ROAD, A VARIABLE WIDTH PRESCRIPTIVE RIGHT OF WAY AS
NOW LAID OUT AND IN USE AND THE BEGINNING OF A NON TANGENT CURVE,
CONCA VE WESTERLY, HAVING A RADIUS OF 502.03 FEET AND CENTRAL ANGLE
OF 7024'52" WITH A CHORD BEARING N33008'37"E; THENCE NORTHERLY ALONG
SAID EASTERLY RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, 64.97 FEET;
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, N29026'28"E, 169.30 FEET;
THENCE CONTINUE ALONG SAID EASTERLY RIGHT OF WAY LINE N28033'34"E,
169.48 FEET TO THE BBGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A
RADIUS OF 931.32 FEET AND CENTRAL ANGLE OF 12046'23" WITH A CHORD
BEARING N22009'12"E; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF
WAY LINE AND ALONG THE ARC OF SAID CURVE, 207.62 FEET; THENCE
CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, N15047'41 "E, 77.96
FEET TO THE CENTERLINE OF AN UN-DIMENSIONED ROAD, PER SAID PLAT OF
JAMES LUPE SUBDIVISION; THENCE LEAVING SAID EASTERLY RIGHT OF WAY
LINE AND ALONG SAID CENTERLINE N54044'04"E, 233.68 FEET TO THE POINT OF
BEGINNING.
CONTAINING 8.122 ACRES MORE OR LESS.
,.