2000-O-23
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Instrument # 2000-214733
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Page: 3424
ORDINANCE NO. 2000-0-23
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED ON PARK AVENUE, MASSEY RANCH
BOULEVARD AND FLYING M COURT, VOLUSIA COUNTY,
INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY AND TERMS OF
THE ANNEXATION AGREEMENT; AMENDING THE
DESCRIPTION OF CITY OF EDGEW A TER CORPORATE
LIMITS; PROVIDING FOR FILING WITH THE CLERK OF
THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA
COUNTY PROPERTY APPRAISER AND THE
DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Massey Enterprises, a Florida Partnership; Massey Development Corporation, a
Florida Corporation; and Massey Ranch Airpark, Inc., a Florida Corporation are the owners of j
certain real property located South of Park A venue and at the proximity of Park A venue and Massey,
Ranch Boulevard Intersection, in V olusia County, Florida. Subject property lies South of Park
Avenue (a County road) and East and West of Massey Ranch Boulevard (a County road) and
contains approximately 116.45 acres more or less.
2. The owners have voluntarily petitioned the City of Edge water for annexation pursuant
to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of voting District 1 of the City of Edgewater are hereby designated
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to include the property described herein.
5. After a meeting on September 13,2000, the Planning and Zoning Board reviewed the
petition and recommended by a vote of 5 to 0 that the property be annexed into the City.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEWATER, FLORIDA.
1.
Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit A and depicted in the map identified as Exhibit B, which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edge water, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality and
to the terms of that certain Annexation Agreement which is attached hereto and incorporated by
reference as Exhibit C.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described above and depicted in the map identified as Exhibit B.
3. Pursuant to Section 2.01 of the Charter ofthe City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Vol usia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
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PART B.
CONFLICTING 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 C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, 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, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E.
ADOPTION.
After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the
first reading/public hearing of this ordinance held on October 23,2000, was as follows:-
AYE NAY
Mayor Donald A. Schmidt ~
Councilman James P. Brown --.2L
Councilman Dennis A. Vincenzi --.2L
Councilwoman Harriet E. Rhodes ~
Councilwoman Judy Lichter ~
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After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
second reading/public hearing of this ordinance held on November 6, 2000, was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 6' day of November, 2000.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2000-0-23
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
�ffonald A. Schmidt
Mayor
Robid L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this (�*
day of%5f2,e�_e_i„_i , 2000 under
Agenda Item No. (, - J}
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EXHIBIT A
LEGAL DESCRIPTION
Owned by Massey Enterprises:
1. Parcel # 8438-01-00-0010 All that part of Lots 1 through 5 inclusive, Lots 17 through 21
inclusive, Lots 135 and 136, Assessor's Subdivision of the Samuel Betts Grant as shown on plat
recorded in Map Book 3, Page 153, Public Records of V olusia County, Florida, lying easterly of the
200 foot wide runway conveyed to Massey Ranch Airpark, Inc. in a Quit Claim Deed recorded at
Book 4402, Page 2031, Public Records of V olusia County, Florida, and, a 60 foot strip ofland being
a portion of Lot 138, Assessor's Subdivision of the Samuel Betts Grant as shown on plat recorded
in Map Book 3, Page 153, Public Records of V olusia County Florida, lying northerly of the westerly
prolongation of the northerly right-of-way line of Sixteenth Street, a 50 foot right-of-way as now
constructed and as shown on plat of Florida Shores Unit #5 as recorded in Map Book 23, Pages 107
and 108, Public Records of V olusia County, Florida; the easterly line of said 60 foot strip of land
being parallel with and lying 125 westerly of the westerly right-of-way line of Willow Oak Drive,
a 50 foot right-of-way as now constructed and as shown on plat of Florida Shores Unit #4 as
recorded in Map Book 23, Page 104, Public Records of Vol usia County, Florida. 46.97 acres.
2. Parcel # 7431-00-00-0110 All that part of U.S. Lots 3 and 4, Section 31, Township 17 South,
Range 34 East, lying easterly of the 200 foot wide runway conveyed to Massey Ranch Airpark, Inc;
in a Quit Claim Deed recorded at Book 4402, Page 2031, Public Records of V olusia County, Florida;
and a 75 foot strip ofland measured at right angles to the northerly line of the Assessor's Subdivision
of the Samuel Betts Grant per Map Book 3, Page 153 Public Records of Vol usia County; Florida,
in U.S. Lot 4, Section 31, Township 17 South, Range 34 East, lying northerly of and contiguous to
the northerly line of said Samuel Betts Grant, The easterly line of which is the northerly prolongation
of a line lying 50 feet easterly of and parallel to the easterly line of Lot 137 of said SamuelBetts
Grant, the westerly line of which is the easterly line of Airpark Road, an 80 foot county road; and
also a 50 foot strip of land measured at right angles to the northerly line of the said Samuel Betts
Grant, in U.S. Lot 4, Section 31, Township 17 South, Range 34 East, lying northerly of and
contiguous to the northerly line of said Samuel Betts Grant, the easterly line of which is the 200 foot
wide runway conveyed to Massey Ranch Airpark, Inc. in a Quit Claim Deed recorded at Book 4402,
Page 2031, Public Records of Vol usia County, Florida, the westerly line of which is the northerly
prolongation of a line lying 50 foot easterly of and parallel to the easterly line of Lot 137 of said
Samuel Betts Grant. 1.21 acres.
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3. Parcel # 7432-00-00-0100 All That part of U.S. Lot 4, Section 32, Township 17 South, Range
34 East, lying southerly of Park A venue, a 60 foot County road, and easterly of a 200 foot wide
runway conveyed to Massey Ranch Airpark, Inc. in a Quit Claim Deed recorded at Book 4402, Page
2031, Public Records of V olusia County, Florida. 8.28 acres.
4. Parcel # 7432-00-00-0110 U.S. Lot 5, Section 32, Township 17 South, Range 34 East, excluding
that portion platted as Cherokee Ridge Subdivision, recorded in Map Book 41, Page 27, and
excluding that portion platted as Massey Ranch Airpark Unit I, recorded in Map Book 44, Page 68,
Public Records of Vol usia County, Florida. 20.14 acres.
5. Parcel # 8438-01-00-1362 All that portion of Lot 137 Assessor's Subdivision of the Samuel Betts
Grant, per Map Book 3, Page 153, Public Records of Volusia County, Florida, also known as
Oaklynn Cemetary, recorded in Map Book II, Page 10, Public Records of V olusia County, Florida,
lying easterly of Airpark Road, and shown as Myrtle Avenue on said Oaklynn Cemetary Plat, and
also a portion of Lot 136, said Samuel Betts Grant being more particularly described as follows:
As a point of reference, commence at a 11/2 inch iron pipe marking the southeast comer of U.S. Lot
4, Section 31, Township 17 South, Range 34 East; thence S 690 IS' 31" W along the northerly line
of the Samuel Betts Grant, Section 54, Township 17 South, Range 34 East, as now monumented, a
distance of 232.13 feet to the westerly right-of-way line of a 200 foot wide runway and for the
POINT OF BEGINNING; thence S 690 IS' 31" W along the northerly line of the said Samuel Betts
Grant, a distance of 458.63 feet; thence S 20047' 27" E along the easterly line of Lot 137 of the said
Samuel Betts Grant and its southerly prolongation, a distance of699.59 feet; thence N 690 13' 38"
E a distance of283.86 feet to the westerly right-of-way line the aforesaid 200 foot wide runway;
thence N 06045' 31" W along the westerly right-of-way of ~ai~ 20q i~O! ~i~e runway to the POINT
OF BEGINNING. 13.35 acres.
Owned by Massey Ranch Airpark, Inc:
6. Parcel # 8438-01-00-0020 A 200 foot wide runway located in Lots 17 through 21 inclusive, lots
135 and 136, Assessor's Subdivision of the Samuel Betts Grant per Map Book 3, Page 153, Public
Records of Vol usia County, Florida, and in U.S. Lots 3 and 4, Section 31, Township 17 South,
Range 34 East, more particularly described in Quit Claim Deed recorded at Book 4402, Page 2031,
Public Records of Vol usia County, Florida. 20.50 acres.
Owned by Massey Development Corporation:
7. Lots 3, 6, 7, 8, 15,22 and Parcel A, Massey Ranch Airpark Unit I, recorded in Map Book 44,
Page 68, Public Records of Vol usia County, Florida. 8.00 acres.
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THIS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esquire
FOLEY & LARDNER
III North Orange Avenue, Suite # 1800
Post Office Box 2193
Orlando, FL 32802-2193
(407)423-7656
AFTER RECORDING RETURN TO:
Susan J. Wadsworth, City Clerk
CITY OF EDGEW A TER
Post Office Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only.
ANNEXATION AGREEMENT
"MASSEY - PHASE II"
TmS ANNEXATION AGREEMENT made and entered into this b +~ day of
r/e>"!.M ~ r- , 2000, by and between, the.cITY OF EDGEW A TER, FLORIDA, a municipal
corporation, whose mailing address is P. O. Box 100, Edgewater, Florida 32132-0100, (hereinafter,
" ..
referred to as "City") and MASSEY ENTERPRISES, a Florida partnership, 'MASS'E;'Y' ,...,
'.. ):0:",',.
DEVELOPMENT CORPORA TION, a Florida corporation, and MASSEY RANCHAIRP ARK,
INC., a Florida corporation, whose mailing address is P.O. Box 949, New Smyrna Beach, Florida -
32170, (hereinafter collectively referred to as "Owner").
WHEREAS, the Owner owns approximately 116.45 acres of real property located South of
Park Avenue and at the proximity of Park Avenue and Massey Ranch Boulevard intersection, Tax
Par~elIdentification Numbers 8438-01-00-0010, 7431-00-00-0010, 7432-00-00-0100, 7432-00-00-
0110,8438-01-00-1362,8438-01-00-0020,7432-1 1-00-0001, 7432-11-00-0030, 7432-11-00-0060,
7432-1 1-00-0070, 7432-11-00-0080, 7432- 11-00-0 150, and 7432-11-00-0220 as more particularly
(Agreement! Annexation-Massey-Phase2)
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described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property");
and
WHEREAS, Owner has caused a Petition for Voluntary Annexation to be filed for the
Property; and
WHEREAS, the City is desirous of annexing said Property, and has satisfied itself that the
conditions for annexation and the economics thereof are satisfactory; and
WHEREAS, the Owners have requested that the City provide municipal services to the
Property; and
WHEREAS, the City has reviewed the need for providing municipal services to the Property
and has determined that the City can provide municipal services in accordance to the existing Land
Development Regulations and concurrency requirements.
NOW, THEREFORE, based on the foregoing, the parties agree as follows:
1.
RECITALS
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The Recitals set forth above are true and correct and b);this refere~ci are inooq,oiatedherein
as part of this Agreement.
2. PERMITTED USES
City acknowledges the annexed area includes Massey Ranch Airpark, a publicly licensed
airport, and considers the airport central to the anticipated development of the annexed area. In
addition, the City acknowledges and supports the existence and continuation of the public airport and
recognizes that it is a benefit to the public as a transportation facility and promotes commerce to the
community. City agrees to accept and recognize the existing recorded subdivision recorded in the
(Agreement! Annexation-Massey-Phase2)
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Public Records of Vol usia County, Florida and located in Map Book 44, Page 68, known as Massey
Ranch Airpark Unit I approved on September 10, 1992 by the County of V olusia and recorded on
December 18, 1992.
Attached hereto and incorporated by reference as Exhibit "B" is a list of the permitted land
uses and zoning densities which will be applicable to development of the property until such time as
the City amends its Comprehensive Plan and Future Land Use Map. Any new development within
the annexed area shall be developed in compliance with all applicable City ordinances, resolutions,
and Land Development Regulations effective at that time, unless otherwise provided herein.
The City recognizes the continued use of certain property on Airpark Road (approximately
4.5 acres) containing a cemetery to retain a county zoning of A-2 (Rural Agricultural). The runway
will also retain the county zoning of A-2. The portion of the annexed area lying west of the runway
and east of the cemetery is designated as a Fixed Base Operation ("FBO") site and shall be rezoned
at no cost to the Owner to I-I immediately or soon after the annexation. The City recognizes the')
"1_
FBO site is permitted as a special exception which was previously approved by V olusia Count}r.-The -
City shall recognize each residential lot in Massey Ranch Airpark Units I and II is intended to have
taxiway access to Massey Ranch Airpark and shall permit aircraft access to each lot. The City, at no
cost to the Owner, shall require a comprehensive plan amendment and rezoning of Property lying
east of the current alignment of the airport runway in the annexed area that will reflect a mixed
residential use consistent with the Residential Planned Unit Development (RPUD) designation of the
Land Development Code for a medium density, single-family and multi-family, fly-in community
(excluding Unit I). City will use best efforts to adopt Administrative Comprehensive Plan changes
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necessary to permit the mixed residential use.
Owner agrees to have the jurisdictional wetlands identified and preserve them or mitigate for
impacts in accordance with the St. Johns River Water Management District requirements.
3. DEDICATION OF LAND FOR PUBLIC PURPOSES
Owner shall convey and/or dedicate the following easements, lift stations and station site to
the City: an eighty foot (80') foot right-of-way which includes the existing Dale Street (between
Railroad and Park Avenue); additional right-of-way on north and south side of Park Avenue from
Dale Street to Old Mission Road (for future widening of Park Avenue) as shown in Figure 1.
provided, however, that the City or County, as appropriate, is successful in re-aligning Airpark Road
as described in paragraph 4 (ROADS), herein; ten foot (10') water and sewer underground utility
easements on the south side of Park Avenue to the west side of the runway; lift station and station
site which will be located at a mutually agreed upon location by both parties.
Easements and right-of-ways are depicted on Figure 1~ . which is attached hereto' and'~
incorporated herein.
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City agrees to accept all dedications within Massey Ranch Airpark, Unit I, previously granted
to V olusia County, including maintenance responsibility for Massey Ranch Boulevard and Flying M
Court.
Lift Station Site Requirements - The lift station site shall be owned by the City, with no
easement or lease. Owner shall retain no rights to the property. Site shall be selected so not to
require unreasonable depth of lift station. Site shall be forty feet by forth feet (40' X 40'), maximum.
Site shall be adjacent to a public right-of-way or a twenty-five foot (25') wide access easement
(Agreement! Annexation-Massey-Phase2)
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between the site and the nearest public right-of-way shall be granted to the City. Selected site shall
allow construction and maintenance of the pipelines and utilities to and from the site. Easements of
fifteen feet (15') in width shall be granted to the City or utility companies for these pipelines and
utilities if needed. If detrimental conditions such as contaminated material, non-stable material, etc.
which may prohibit or make more difficult the lift station's construction are found at the dedicated
site, Owner shall convey another mutually agreed upon site. The original site shall then be conveyed
back to Owner.
4. UTILITIES
Owners agree to connect to and utilize the City's water distribution and wastewater collection
systems within three (3) months of notice of its availability. Owners agree to pay City's adopted
water and wastewater connection and impact fees. Owners agree to provide all required utility
easements for services.
City Responsibilities: Force Mainrrransmission System - The City agrees to prqvide.:
design services for the force main/transmission system for Massey Ranch Airpark, Unit ll. ., . ,
Water - City, at its own expense, will construct a twelve inch (12") water main on Massey
Ranch Boulevard; a six inch (6") water main on Flying "M" Court, Massey Ranch Airpark Unit I; and
a twelve inch (12 ") water main on Skyway Drive and Ranch Road and provide fire hydrants as
required by the Land Development Code between Skyway Drive and Airpark Road.
Wastewater - City, at its own expense, will construct a wastewater collection system on
Skyway Drive and Ranch Road.
Owner Responsibilities - At such time as Owner develops the proposed Massey Ranch
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Airpark Unit II, Owner hereby agrees to provide engineering design and construction of sewer
collection system to serve Unit II, Massey Ranch Airpark (site development), construct water mains
to service Unit II, Massey Ranch Airpark; provide lift station and station site to serve Unit II, on
Massey Ranch Airpark property; provide wastewater easement on property located at 12th Street and
Willow Oak Drive; dedicate lift station, station site and easement to the City. Owner also agrees to
further provide any needed utility easements along Skyway Drive and Ranch Road to the master lift
station located on Ranch Road and Airpark Road.
5. ROADS
The City will request V olusia County to realign Airpark Road south of Ranch Road as shown
on attached Figure 2. Once approved by V olusia County, the City agrees to make best efforts in an
attempt to stabilize Airpark Road until it is realigned and paved. Owner agrees to provide the
necessary right-of-way to the County of V olusia for said realignment. Airpark Road shall be.vacated
south of the north line of the east-west taxiway. City will provide best efforts to create a mechanism..- .
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which will allow secured type entry on Massey Ranch Boulevard for the purpose. of safety. for:
vehicular movement crossing airplane taxiways.
6. AGREEMENT RUNS WITH THE LAND
In consideration of the City providing municipal services to the Property, the Owner and the
City acknowledge and agree that this Agreement is irrevocable and, further, this Agreement and all
other rights and obligations of the parties hereunder are intended to and shall run with the Property,
and shall bind, and inure to the benefit of, the parties hereunder and their respective successors in
title. ANY FUTURE OWNERS OF THE PROPERTY SHALL TAKE TITLE TO THE
(Agreement! Annexatioo-Massey-Phase2)
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PROPERTY SUBJECT TO THIS AGREEMENT AND BY ACCEPTING A DEED OF
CONVEYANCE TO THE PROPERTY, AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT. The Property shall be deemed a single parcel and any
sub parcels of the Property which are created by subdivision or by any other means shall be subject
to the terms and conditions of this Agreement, subsequent sale and individual ownership
notwithstanding.
7. REPRESENTA TIONS
The Owner hereby warrants and represents to the City that the Owner currently owns fee title
to the Property and has full power and authority to enter into this Agreement and that the Property
is free and clear of all liens and encumbrances.
8. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area in the manner defined by this
Annexation Agreement, the attached exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Agreement,. and subject to the terms of any development agreement' .
between owner and City.
9. AMENDMENT
This Agreement may not be modified or amended, or any term or provision hereof waived or
discharged except in writing, in recordable form, signed by the parties hereto, or their respective
successors and assigns. Any such modification or amendment shall not be effective until recorded
in the Public Records of Vol usia County, Florida.
10. STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MA TIERS
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To the extent there is a conflict between this Agreement and any existing City resolution,
regulation or ordinance, this Agreement shall control. However, all other applicable City ordinances
in effect at the time of execution of this Agreement continue to apply. Further, the failure of this
Agreement to address a particular permit, condition, term or restriction shall not forgive the necessity
of complying with the law governing said permitting requirements, conditions, terms or restrictions.
11. INDEMNIFICATION
A. To the extent provided by law, the Owner hereby agrees to indemnifY and save the
City harmless from and against all losses, costs, expenses, claims, damages, judgments, liabilities and .
causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and
paralegal fees both at trial and at appellate levels, arising out of or alleged to have arisen out of this
Agreement or been occasioned, in whole or in part, by the exercise of the City of its rights granted
hereunder. The Owner shall use its best efforts to promptly notifY the City in writing of any Claim
and shall provide the City with information regarding the Claim as the City may reasonably request,
but the failure to give such notice or provide such information shall not diminish-the Owners'
obligations under this Section.
B. To the extent provided by law, the City hereby agrees to indemnifY and save the
Owner harmless from and against all losses, ~sts, expenses, claims, damages judgments, liabilities
and causes of action whatsoever (collectively, "Claims") including reasonable attorneys' fees and
paralegal fees both at trial and at appellate levels, arising out of or alleged to have arisen out of this
Agreement or been occasioned, in whole or in part, by the exercise of the Ownerofits rights granted
hereunder. The City shall use its best efforts to promptly notifY the Owner in writing of any Claim
(Agreement! Annexation-Massey-Phase2)
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and shall provide the Owner with information regarding the Claim as the Owner may reasonably
request, but the failure to give such notice or provide such information shall not diminish the Citys'
obligations under this Section.
12. APPEAL
If Owners are aggrieved by any decision of any City department head interpreting the terms
of this Agreement, that party shall first file a written appeal with the City Manager. If Owners are
aggrieved by a decision of the City Manager, an appeal shall be made to the City Council. The appeal
shall be initiated by the filing of a written request with the City Manager for placement of-the issue
on the City Council agenda. After receiving the request, the City Manager shall place the matter on
the next available City Council agenda.
13. HEADINGS
The headings of this Agreement are for reference only and shall not limit or otherwise affect
the meaning thereof.
14. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be binding upon, inure to the benefit
of and be enforceable by the parties and their respective legal representatives and their successors in
title and interest.
15. RECORDING
The Owner acknowledges and agrees that the City shall record this Agreement in the Public
Records of V olusia County, Florida, and the Owners agree to pay all costs associated therewith.
16. ATTORNEYS' FEES
(j\gfCell1enUPulnexation-~ssey-Phase2)
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In the event either party institutes a legal proceeding against the other party, to enforce the
terms of this Agreement or for breach of any of the terms, conditions or covenants of this Agreement,
the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees,
paralegal fees and costs, both at the trial and appellate levels. In the event a third party institutes a
legal proceeding against the City and/or the Owner, regarding the enforceability of this Agreement
or any other matters arising out of or related to this Agreement, the annexation ofthe Property or the
provision of municipal services, then in such event the Owner shall pay all costs, fees, charges, and
expenses of the City relative thereto, including but not limited to attorneys' fees and paralegal fees
at both the trial and appellate levels.
17. SPECIFIC PERFORMANCE
In addition to each and every remedy now or hereafter existing at law or in equity, the parties
hereto expressly agree that City shall have the right to enforce this Agreement by an action for
specific performance.
18. FURTHER ASSURANCE
As from time to time requested by the City, the Owner agrees to execute such additional
documents as may be necessary in order to effectuate the provisions of this Agreement.
19. ENTIRE AGREEMENT
This Agreement embodies and constitutes the entire understandings ofthe parties with respect
to the subject matter hereof and all prior or contemporaneous agreements, understandings,
representations and statements, oral or written, are merged into this Agreement.
20. GOVERNING LAW
(Agreement! Annexation-Massey-Phase2)
October 18, 2000
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This Agreement shall be construed and enforced in accordance with, and governed by, the
laws of the State of Florida.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the date and year first written above.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
(Ag.ement/Annmatim-Massey-PLase2)
Ocwbt 18,2000
II
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
Dated:�/� xm.Ev r COI-3C�7j
Rob n L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this (.Aday of A(vVc, 8r 2000 under
Agenda Item No. G -q
Witnessed by:
LjJ ctlL~ . ~VV1
~~L~
STATE OF FLORIDA
COUNTY OF VOLUSIA
Book:
F'age:
4616
3441
OWNER:
Massey Enterprises, Massey Development
Corporation & Massey Ranch Airpark,
Inc.
Dor s E. Massey
Managing Partner, President, Secretary
Dated: ~ r/ -(l pVl beY
lIP, 2(!)Od
,
The foregoing instrument was acknowledged before me this / ~ 4 day of
/)~J/f,?7I:5~1C . 2000, by John S. Massey and Doris E. Massey, who are personally
known to me or who Has proatJeed . as identification
and who did (did not) take an oath.
Stamp/Seal
\\\\llIII/"t, "OFFICIAL SEAL:
:t\~'~! ~!'..<:.", .
l~l' "."~ Bette L. McCormick
:*. :*= .
~~~ :~::My Commission Expires 1017/2001
~.. .~i . . ""'C686602
"',,'f OF f"~~~ CommissIOn Itv
111"tI u'\\
(Agreement! Annexation-Massey-Phase2)
October 18, 2000
.~#~J
Notary Public
-"J3'Z'TT~ L 4/~;e.lnlo:.
Printed Name of Notary
12
Boak:
F"age:
4616
j442
EXHIBIT "A"
LEGAL DESCRIPTION
Owned by Massey Enterprises:
1. Parcel # 8438-01-00-0010 All that part of Lots 1 through 5 inclusive, Lots 17 through 21
inclusive, Lots 135 and 136, Assessor's Subdivision of the Samuel Betts Grant as shown on
plat recorded in Map Book 3, Page 153, Public Records of Vol usia County, Florida, lying
easterly of the 200 foot wide runway conveyed to Massey Ranch Airpark, Inc. in a Quit Claim
Deed recorded at Book 4402, Page 2031, Public Records of Vol usia County, Florida, and,
a 60 foot strip ofland being a portion of Lot 138, Assessor's Subdivision ofthe Samuel Betts
Grant as shown on plat recorded in Map Book 3, Page 153, Public Records of Vol usia
County Florida, lying northerly ofthe westerly prolongation of the northerly right-of-way line
of Sixteenth Street, a 50 foot right-of-way as now constructed and as shown on plat of
Florida Shores Unit #5 as recorded in Map Book 23, Pages 107 and 108, Public Records of
Volusia County, Florida; the4easterly line of said 60 foot strip ofland being parallel with and
lying 125 westerly of the westerly right-of-way line of Willow Oak Drive, a 50 foot right-of-
way as now constructed and as shown on plat of Florida Shores Unit #4 as recorded in Map
Book 23, Page 104, Public Records of Vol usia County, Florida. 46.97 acres.
- -
2. Parcel # 7431-00-00-0110 All that part of U.S. Lots 3 and 4, Section 31, Township 17
South, Range 34 East,lying easterly ofthe 200 foot wide runway conveyed to Massey Ranch ~ "-"' c
Airpark, Inc. in a Quit Claim Deed recorded at Book 4402, Page 2031, Public Reeordsof,
Volusia County, Florida; and a 75 foot strip ofland measured at right angles to thenortheiIy-:' - o~ .;-:-'
line of the Assessor's Subdivision of the Samuel Betts Grant per Map Book 3, Page 153 --
Public Records of Vol usia County, Florida, in U.S. Lot 4, Section 31, Township 17 South,
Range 34 East, lying northerly of and contiguous to the northerly line of said Samuel Betts
Grant, The easterly line of which is the northerly prolongation of a line lying 50 feet easterly
of and parallel to the easterly line of Lot 137 of said Samuel Betts Grant, the westerly line of
which is the easterly line of Airpark Road, an 80 foot county road; and also a 50 foot strip of
land measured at right angles to the northerly line ofthe said Samuel Betts Grant, in U.S. Lot
4, Section 31, Township 17 South, Range 34 East, lying northerly of and contiguous to the
northerly line of said Samuel Betts Grant, the easterly line of which is the 200 foot wide
runway conveyed to Massey Ranch Airpark, Inc. in a Quit Claim Deed recorded at Book
4402, Page 2031, Public Records of V olusia County, Florida, the westerly line of which is the
northerly prolongation of a line lying 50 foot easterly of and parallel to the easterly line of Lot
137 of said Samuel Betts Grant. 1.21 acres.
(Agreement! Annexation-Massey-Phasel)
October 18, 2000
13
Book:
Page:
4616
3443
3. Parcel # 7432-00-00-0100 All That part of US. Lot 4, Section 32, Township 17 South,
Range 34 East, lying southerly of Park Avenue, a 60 foot County road, and easterly ofa 200
foot wide runway conveyed to Massey Ranch Airpark, Inc. in a Quit Claim Deed recorded
at Book 4402, Page 2031, Public Records of V olusia County, Florida. 8.28 acres.
4. Parcel # 7432-00-00-0110 US. Lot 5, Section 32, Township 17 South, Range 34 East,
excluding that portion platted as Cherokee Ridge Subdivision, recorded in Map Book 41,
Page 27, and excluding that portion platted as Massey Ranch Airpark Unit I, recorded in Map
Book 44, Page 68, Public Records of Vol usia County, Florida. 20.14 acres.
5. Parcel # 8438-01-00-1362 All that portion of Lot 137 Assessor's Subdivision of the Samuel
Betts Grant, per Map Book 3, Page 153, Public Records of Vol usia County, Florida, also
known as Oaklynn Cemetery, recorded in Map Book 11, Page 10, Public Records of V olusia
County, Florida, lying easterly of Airpark Road, and shown as Myrtle Avenue on said
Oaklynn Cemetery Plat, and also a portion of Lot 136, said Samuel Betts Grant being more
particularly described as follows:
As a point of reference, commence at a 11/2 inch iron pipe marking the southeast
corner of US. Lot 4, Section 31, Township 17 South, Range 34 East; thence S
69015' 31" W along the northerly line of the Samuel Betts Grant, Section 54,
Township 17 South, Range 34 East, as now monumented, a distance of232.13 feet
to the westerly right-of-way line of a 200 foot wide runway and for the POINT OF
BEGINNING; thence S 69015' 31" W along the northerly line of the said Samuel
Betts Grant, a distance of 458.63 feet; thence S 20047' 27" E along the easterly line
of Lot 137 of the said Samuel Betts Grant and its southerly prolongation, a distance
of699.59 feet; thence N 690 13' 38" E a distance of283.86 feet to the westerly right-
of-way line the aforesaid 200 foot wide runway; thence N 06045' 31" W along the
westerly right-of-way of said 200 foot wide runway to the POINT OF BEGINNING.
13.3 5 acres.
Owned by Massey Ranch Airpark, lnc:
6. Parcel # 8438-01-00-0020 A 200 foot wide runway located in Lots 17 through 21 inclusive,
lots 135 and 136, Assessor's Subdivision of the Samuel Betts Grant per Map Book 3, Page
153, Public Records of Volusia County, Florida, and in U.S. Lots 3 and 4, Section 31,
Township 17 South, Range 34 East, more particularly described in Quit Claim Deed recorded
at Book 4402, Page 2031, Public Records of Vol usia County, Florida. 20.50 acres.
(Agreement! Annexation-Massey-Phasel)
October 18, 2000
14
Book: -4.616
Page: j444
I'
Owned by Massey Development Corporation:
7. Lots 3,6, 7, 8, 15,22 and Parcel A, Massey Ranch Airpark Unit I, recorded in Map Book
44, Page 68, Public Records of Vol usia County, Florida. 8.00 acres.
Parcel A
Lot 3
Lot 6
Lot 7
Lot 8
Lot 15
Lot 22
Parcel #7432-11-00-0001
Parcel #7432-11-00-0030
Parcel #7432-11-00-0060
Parcel #7432-11-00-0070
Parcel #7432-11-00-0080
Parcel #7432-11-00-0150
Parcel #7432-11-00-0220
(Agreement! Annexation-Massey-Phase2)
October 18, 2000
15
EXI-llBIT "B"
Book: 4616
t-<age: .j445
.
APPENDIX B-ZONlNG ORDINANCE-
'f
'date all occupants are provided. Sales
roducts are permitted at said camps it
rd. No. 87-14, 9 II, 6-18-87)
Wh esale or re'tail fertilizer sales. COrd.
8 i 9 I\', , 3-8-84)-
Dimen ional Requirements:
Minim lot size:
Are : 10 acres. (Ord. No. 84-1~ 9
8
Widt . No minimum.
Minimum y rd size:
./
Of{7Street Po. ,ing ,~nd Loading quirement$:,
Off~street par . g and lo~ ar meeting the
requirements f sections 810~00 an 811.0~ shall
be constru . COrd: No. 90-3,4; ~'9, -~7-~0)_'
quirement "tor Mobile R ,
a betWeen the groUnd and or ofthe
mobile he' dwellmg,' shall be e~clo e4 with
,skirting. Or~. No. 8~lJ 9 ~3-8-84)
'l}pes of Sig!1S Permitted: "
Gro d signs (refer tci section 822.00 et s q. for
, a ditional regulations). (Ord. No. 86- 6, 9
" 10-23:86) , .
p e~ting sigDs (refer to section 822.00 et eq.
. " pr additional regwations). (Ord. No. 86- 6,
~ IX, 10-2~786) ,
, Supp. No. 11
: CDB:33
16
Art. VII
Tempor~ signs (refer to section 822.00 et seq.
for additional regulations). (Ord. No. 86-16,
S IX, 10-23-89) ,
~~RALAGRICULTURE
CLASSrFICATlO~"
. Purpose and Intent: The purpose and intent of
the A-2 Rural Agriculture Classification is. tb
preserve' and protect rur'al 'areas of the county
. . that have some agzi.cultural value, but which are
alsO' suitable, for rural estate living.' ,COrd: No.
'90-34, 9 10, ,9';21-90) .
. .
Permitted' Principal Uses and Structures: In
the A7'2 Rural Ag;ricuIture Classification, no prem-
, ,ises sl;1all, be ,us~d except for the following uses
and their customary accessory uses or stru~.
COrd. No. 90-34, ~ 10,9-27~90), ' . ,
Except for those penmtted special exceptions
listed hereunder, all 'agn~tural p~uitS, ,
including the processing, packaging, storage
. and sale of agriculture products which ':U'e
raised on the premiSes; (Ord. ~o. 8~1, ~ ~
3-8-84) , ' '. 1.'
Ap~arf~. '. ,.
, AVlanes. '_ '; .~
'ecmununication tow~ not ~ce~g,70f~tin .
' lieight~ove gr~d.}eve1. (Ord;~o. 97-19,:~-
U,8-7-97) ,,' ',,' :_ - ,
Essential utility services. (Ora. N:o. 84-1, fi m,
3-8-84)' ',." '.
Exempt excavations (refer to 'section 8.17.00(0))
'and/or thos'e which comply with ~c1e ~I
of the Land ,Developme~t Code ,of ,Volusia ,
County, [appendix AJ and/or final site plan:
review procedures- of this ,ordin~ce. (Ord.
, No. 84-1,' ~ III, ~-8-84; Ord. No. g9-~O, ~ VI,
6-20-89; Ord. No. 90-34, ~.10, 9-27:-90) ,
Exenipt landfills (refer ,to section ~17.,OO(p)).
(Ord. No. 89-20, ~ VI, 6-2-0-89; O.nI. No.
90-3.4, ~ 10, 9-27-90) " .
Fire stations. (Ord. No~ 92-6, ~ XII, 6-4-92)
Hobby'breeder. (Ord. No. 92-6, ~~I, 64-~2~.
Home occUpations, class A (refer to. secti~n
807.00). _, ,
Outdoor musical event. (Ord. No. 94-4, ~ )(pi,
5-5-94)' .
, "
-Editor;, note-Section 10 of Ord; No. 90-34. a~opied
Sept. 27..-1990, ch~ged the title orUie A-2-c:laasificatfori frclm
, ~General Agriculture-to "Rural Agriculture.- .'_
Art. VII
EXHIBIT "B"
Book::
Page:
4616
3446
COUNTY OF VOLUSLA CODE
Parks and recreation areas accessory to resi-
'. dential developments.
Pisciculture.
Pl,lblic school.s. (Oid. No. 92~6,.~ XII, 6-4-92)
Publicly owned parks and recreational areas.
(Ord. No. 92-6, ~ XII, 6492)
Publicly'owned or regulated w.ater supply wells.
(Ord. No. 92-6,"~ XII,:6-4-92) . . .
Single-family standard or manufactured dwell-
ing. (Ord. No. S4-1, ~ \T; 3-8-84)
Tailwater, recovery systems. (Ord~ No. 82-20, ~.
V, '12-9-82)
Worm raising.
. .;"
,;,.......;1... .-
Permitted Special Exceptio~:' Addition81 regu-
lationslrequirem9D:ts governing ~tted special
exceptio~ arelOcatecf'in secti~ '~1'('~00 and
1104.00 of this ordinance. (Ord. No.. 9().,34,.~ 10,
9-27-90) . . . . . .
~ curtaiil' incinerators (refer to' section
: .-817.00(q))..,(Ord: No. 90-84, ~ .~O, 9-27-90;
. (. :' Ord.. No. 9~, ~ xn'; 5-5~94) . .
Animal hospit8;l8, veterinary clinics.
Communi~tion towers .exc;eeding' 70 feet in,
.height.Shove ground ieveL (Ord.No.97-19, ~
. H, ~7-97). ......' , ,'.-. .' . .
..Bed and' b~ homeStay:(refer' to ~ection,
. 81'1.00(8)). (Ord. No. 90-84, ~ 10, 9-27-90)
Day care cen~ (rerer to s~on 817.00(t)).
(Oi-cL'No~'90-34, ~ 10~ ~27-90) ,
Farm worker Ii~ ~ty (refer to section
. 817.00(k))..(Ord. No. 84-1, ~ \T; 3-8-84;. Ord.'
No. 90-34, f 10,9-27-90) '.' : .....r;. ';.
Fish, hunting '01' nonpiofiforganization camps.
(Ord. No; 84-1, ~ W 8-8-84)" .
Fixed-wing aircraft landing':f;ields and helipads.
(Ord. No. .92-6, f XII, ~92)
Garage apartments. .
9as and oil wells. (Ord. No.. 84-1, ~ V, 3-8-84)
Group home (refer to section 817.00(1)). .COrd.
.~. No. 90-34, ~ 10;' 9-27-:-90)
Hog and potiltryfarms.
Home occupatioIis, class B (refer' to section.
807.00). .'. .
Houses of worship- and cemeteries (refer. to
.section 817.00(d)).. . . ,
Junkyards (refer to section 817.:00(j)). COrd. No.
84-1, ~ ~ ~-8-84; Ord. No. 90-34, ~ 10;
. 9-27-90Y
Kennels.
~UPp. No. 11 .
CDB:34
Livestock feed lots.
Mobile home dwelling with a minimum floor
area of 480 square feet. as a. temporary .
residence while building a standard or man-'
ufactured dwelling'. (maximum duration of
. 18 months). (Ord. No.. 84-1, ~ ~ 3:8-8~)
Nonexempt .excava:tions (refe~' to section
817.00(0)): (Ord. No. 84-1, ~ V, 3-8-84; Ord.
No. 89-20, ~ VIII, 6-20-89; Ord. No. 90-34, ~
10, 9-27-90>. .
Nursing homes, boarding homes approved and
licensed by the appropriate state agency
(refer to section 817.000)). (Ord. No. 84-1, ~
V; 8-8-84; Ord. No. 90-34, f'1(), 9-27-90) ,
Off-street p'arking areas (refer to section'
817.09(n)). COrd. No. 85-2, ~ Ij 3-14-85;' Ord. .
No. 90-34,.6 10,":9-27-90) .' '.
Processmg:packaging, storage, retail or whole-
sale sales ofagtfc!1J.tural products not raised
on the premiSes. . '.
Public ~ses not listed. as a permitted Jll"4lcipal
use. (Ord. No. 92-6,: ~ m, 6-4-92)
Public utility' Uses . and structureS. (refer to
, section 817.00(a)). (Ord. No. 84-1, f ill, 3~-
84) , ',' .,:'
RailrOad yards, sidings and ~a1s.
~ational 8reas'(~er.to sectiQJ;1 B17.00(c)): '
(Oid. No. 92-6, f XII, 6-4-92) . -, .'-
Recreational vehicle park (refer to;' seCtion
809.00). (Oz:d. No. 84-1, f V; ~4)"
. Riding st8.bies (minimum parcel'si,ze: require-
ment ~f .fiye acres). (Ord.' No. 82-20, ~ V;'
l~-8m .
Sanitary 'landfills~ class ill only (refer' to sec-'.
tion 817.0O(p), m~um parcel size. of 10
acres):(Ord. No. 90-34, ~ 10, .9-27-90)
Sawmills and pl.aning mills. .
Schools, parochial or private (refer to section
8l7.00(d)). .' .
Speedways, racetracks and mot9rized vehicle,'
motocros.s courses.' .
Teniporary and permanent asphalt batching
'.andcementplants (refer to section 817.00(i)).
Temporary campsites. for 3 days before, during
. and 3 ~ays after any I:egularly scheduled .
racing event at the Daytona 'Beach Interns-
. tiorial Speedway on condition that security,
. . portable toilets, garbage disposal and pota';
. ble' w:ater facilities sufficient to acco~o-
date all occupants are provided. Sales of
-.Y'
.- '..,1
17
Bo'ok:
Page:
~,616
3447
EXHIBIT "B"
APPENDIX B-ZONING ORDINANCE '
products are permitted at said campsites.
(Ord. No. 87-14, ~ II, 6-18-87; Ord. No. 94-4;
~ xrv, 5-5-94)
Wholesale or retail fertilizer sales.
Dimensional Require'ments:
Minimum lot size.; ,
Area: 5 'acres. '
Width: No minimum.
Minimum yard size: .
Front yard: 50 feet:
Rear yard: .50 feet.
Side yard:
Abutting any ,lot: 25 feet. .(Ord. No.
el-39, ~ VI, 11~19~81) ..
Abutting any street: 50 feet.
Waterfro~t yard: 50 feet., (Orel. No.. 82-20, , ,
~ XIII, 12-9-82j Ord. 'No. 90-34; ~ 'la,
, .9-27-90; Ord. No. 94-4, ~ ~ 5-5-94)
Maximu,nbuilding height: 45 fe,et. (Ord. No.
92-6, ~ XII, ~-92) ,
MaxiThum lot coverage: The total lot, area' cov-
, ~red With principal and accessory bui1~gs
shall not exceed 35 percent. ,
Minimum floor area: 750 square feet. (Ord. No.
'. Bio,S9, ~ VI, 11-19-8i; Ord.No. 84-1, f V;
, s.a,.B4) " '" "
Off-Street Parking and LOadine Requirements:
Off-street parJqng'and loacfuig ~as meetmg the
requirements of sectioIis 810.00 and 811.00 'shall
be 'constr,ucted. (Ord. No. 90~3'4,. ~ la, Q-27-90)
Skirting Reqidrementfor Mobile Home Dwell-
, ing: The 'area between the ground,and'floor of the
mobile home' dwelling shall be,' enclosed' with
s~ing. (Ord. No. 84-1, ~ V; 3-8-84)'
, '!ypes of Signs Permitted: ,
Ground signs (refer to section 822.00 et seq. for
additional regulations).' (Ord. No. 86-16, ~
IX, 10-23-86)
Projecting signs (refer to section 822.00 et seq.
for additional regulations). (Ord. No. 86-16, ,
~ IX, 10-23-86) ,
Temporary signs (refer to section 822.00 et seq.
, for addi~onal regulations): (Ord. No. 86-16;
, ,~ IX, 10-23-86) .'
Supp. No.,ll
Art. VII
A-3 TRANSITIONAL AGRICULTURE
CLASSIFICATION.
e purpose and intent of the A-3 Tr
Agri ulture Classification is to preserve
t~ct sall farms for personal and limite agricul-
tur'al oduction or to provide a transi . nal agri-
culmr zone between more futensiv'e '. cultural
use are and residential' areas. It s mtendl\!d'
that this classification be app1ie~' 0 properties
which are within a' designated rur community"
topreserv existing agncultural, Bes hi urban.
areas 'as de icteci by the compr ensive plan, or
to properties so as to coincide 'th the existing
character of area in a m8nn r Consistent with
the' compreh , ive plan. ( No. 90-S4~' f 11,
9-~7-90)
, Pennitted. Prf ipal- Uses and' Structures: In
the A;..3 Transition Agricul eClass~cation, no
premiseS shall be, sed pt for the fonowing
uses and their Cl,lsto ary ccessoiyuses or struc-
tures. (Oi'd. No. 90-3 ~ 1,9-27-90) '. ,
Except: for those pe 'tted special exceptioDs
listed hereunder, 'agricultural pUrsuits,
including the p' ing, packaging, s:torage
an4 sale ~f agri Products which' ai'e ,
, raised on the p . (Ord. No. 84-1,' A.. VI,
" 8-8-84).' , '. '. :.... C ' '
Apiaries. J .
Aviaries. '.. .
Communication'
,height above
n, 8-7-97) ._ ,
Essenti~ utili~ services. ( rd. No~ 84-'1;'f 'nI,
3~-84) ,
Exempt exca\" ,'ons (refer to ection 817.00(0))
, and/or thos whic~ campi with article VIII
of the L ,Developmen~ de of Volusia
County [ pendix A] and/ofinal site plan
reView p ocedures of thi~ 0 inance.' (Ord:
, No. 84- ~ III, 3-8-84; Ord. ' . 8~-2<;>>, ~ YI,
6-20-89 Oid. No. 90-34:, ~ 11; -27-90)
Exempt dfills (refer to sectio 8,17.00(p)).
(Ord. o. 89-20, ~ Vi, 6-20-8 ; Ord. No.
90-3 J ~ 11, 9-27-90)
Fire s tioils. (Ord; No.'92-6, ~ XIII, 6~92)...
Hobb breeder. (Ord. No. 9~-6i ~?Or 6-4-92)
. .
.ECi r'. note-Section 11 'of oid. No. 90-34 adopted
sept~ J 1990, changed the title ()tthe A:-3 clasllificir. 'on from,
-Limi 8d Agricul.ture- to "Trai1sitional Agriculture.-
CDB:35
18
'.
.'
EXHIBIT "B"
Book:
Page::
4616
3448
APPENDIX B-ZONING ORDINANCE'
products are permitted at said campsit .
(Ord. No. 87-14, ~ II, 6-18-87; Ord. No.9 -4;
xrv, 5-5-94)
WH lesale or retail fertilizer sales.
5 feet. .(Ord. No.
Skirting Req irementfor M, ile Home Dwell- .
. ing: The area b' een the groun . and floor of the
mobile home welling shall be enclosed' with
skirting. (Ord. o. 84-1, ~ V, 3-8-8 ) .
0/
'!Ypes of S .
Ground si s(refer to section 822.0
additi al regulations}. (Ord. N
IX, 1 23-86) .
Project' g signs (refer to section 822.0 . et seq.
for aditional regulations), (Ord. No. 6-16,.
~ ., 10-23-86) . . .
. Tern .tary signs (refer to section 822.00et eq. .
. fi . addi~onal regulations). (Ord: No. 86- 6,
IX, '10-23-86)
..Supp. No. 11
CDB:35 .
19'
Art. VII
~SITIbNAL AGRICULTURE
CLASSIFICATION.
The purpose and intent of the A-3 Transitional
Agriculture Classification is to preserve and prO-
tect small farms for personal and limited agricul-
tur'a! production or to .provide a tr&:lSitiona! agrl.
cultliral zone between more intensive agricultural
use areas and residential' areas. It is mtendE;!d'
that this classification be applied .to . properties
which are within a .designated rural community, .
to pr~serve existing agricultural. uses iri urban.
areas as depicted. by the compreherisive plan, or
to properties so as to coincide with th~ existing
character of an area in a manner eonsisten,t with
the' comprehensive plan. (Ord. No. 90-34, ~ '11,
9-27-90)
. Permitted' Principal Uses and Structures: In
the A;.3 Transitional Agriculture Class~cation, no
premiseS shall be. used' except for the following
uses and their customary accessory uses or struc-
tures. (Ord. No. 90-34, ~ 11, 9-27-90) . .
Except for those pemiitted special exceptions
listed hereunder. . all agricultural pursuits,
including the processing, packaging, s~rage .
. and sale of agriCulture products which are'i.:;;,
raised on the premiSes. COrd. No. 84-.~,'f..~,::'..: .' .
. 3-8.;84) .' . ; .. . '.':'- \ . '.
Apiaries. . ...
Aviaries. .
Communication towers not exceeding 70 fe~t iIi'
. height ~bove ground level. (Ord.'No. 97-1.9, ~
n, ~7-97)' ..:'
Essential utility services. (Ord. No; 84-t~.~ 'nI,
3-8-84) .
Exempt excavations (refer to section 817.00(0))
and/or. those which comply with article VIII'
of the Land Developmen~ COde of Volusia
County [appendix AI. and/or final site plan
review procedures of thi~ ordinance.' (Ord:
No. 8471, ~ III, 3-8-84; Ord. No. 89-201 ~ VI,
. 6-20-89;'Ord. No. 90-3~, ~ 11,9-27-90) .
Exempt landfills (refer to section 817.00(p)). .
(Ord. No. 89-20, ~ Vi, 6-20-89; Ord. No.
90-34, 9 11, 9-27-90)
Fire stations. COrd. No.' 92-6, ~ XIII, 6-4-92).':
Hobby breeder. (Ord. No. 92-6, ~ XIII, 6-4-92)
. .
.*Ed1tor'. note-Section 11 of Old. No: 90-34, adQP~.'
Sept. 27, 1990, changed the title ot the A~3 classification from .
~Limited Agricul.ture" to "Trailsitiorial Agriculture."
Art. VII .
EXHIBIT "B"
Baok:
Page:
4616
3449
COUNTY OF VOLUSIA CODE
: Home occupations, class A.
Parks and recreation areas accessory to resi-
. dential developments..
Pisciculture.
Public sch.oals. (Ord. .No. 92-6, ~ XIII, 6-4-92)
Publicly awned parks and recreatianal areas.
, (Ord. Na. 92-6, ~ XIII,. 6-4-92)
Publicly awned .or regulated water supply wells. .
COrd. No. 92-6, ~ XIII, 6-4-92) . .
Single-family standard or manufactured dwell-
. ing. (Ord. Na. .84-1, ~ VI, 3-8-84)
Tailwater recavery .systems. (Ord: Na. 82-20, ~
V; '12-9-82)
Warm raising.
...... ."
Permitted Special Exceptions: Additional regu-
1atiansfrequiremEm~.gaverning permitted special
excep~ans ar.e. "l.ocated ~ sections 817.00 ~d
1104.00 .of this .ordinance. COra. Na. 90-34, ~ 11,
. 9-27-90) .. . .
C~mmunicatian .towers excee_ding 70 feet .in.
height abave. graund level. (Ord. Na; 97-19, ~
...n,8-7-~7) . . .
Bed and.bieakfaSth.omestay (refer.to section
. 817.00(8)). (Ord. Na. 90-34,.~ 1.1, '~27-90)
. Dairies and dairy prod~cts. (ininim~:parce1
-_. .size reqUirem.ent .of five acre~). . .
Day care centeI:s (refer to sectian 817.0q(t)).
. (OM. Na. 90-34, f 11,9-27-90)". ,..
Excavatians .only far stormwater retention pOnds
far.-which ~ permit is required .by this ordi-
. nance..(Ord. ~o. 84-.1, ~ VI, 3-8-84;.Ord.. Na.
. 89':20, H \T:Q:, lX, 6-20-89) .
Garage apartments. .
Group home (refer to section 817.00Q)). (Ord.
. . No. 90-34, ~ 11,9-27-90) .
.Hag farms (ininimw:iipar~el size reqtiliement
. , .of 2.5 acr~). .
Home accupatians, class B. (refel'" to sectian
807.00).
Hauses .of warship and cemeteries (refer to
sectian 817.00(d)).
Kenne'ls.
Livestack feed lots (minimum parcel size re-
-quirement .of five acres).
Nursing homes, baardinghouses' apprave4 and
Iiccn.St>d. by the. appropriate state agency,
.(refer to sectian 817.00(1)). (b.rd~ Na. 84-1, ~
VI, 3-8-84; Ord. Na. 90-34, ~ 11, 9-27-90)
lupp. NO._:1I
. CDB:36
Off-street parking areas (refer to section
817.00{n)).(Ord. No~ 84-1', S I, 3-8-84;Ord.
No. 90-34, S 11, 9-27-90) ,
Poultry farms (minimum parcel size require-
ment of 2.5 acres)..
Private clubs (refer to section 817.00(m)).-(Ord.
Na. 84-1, ~VI, 3-8-84;Ord. No. 90-34, ~l1,
9-27-90) .
Processing, packaging, storagej retail .or whale-
sale sales of agricultural products natr8.ised
on the premises. ,
Public uses not listed. as a. pernutted princ.ipal
' use. (Ord. Na.. 92-6, ~ Xin, 6-4-92) ,
Public' utilitY . UB~s and' str.uctures (refer to
sect~on BI7.00(a)). (Ord. No. 84-1,. ~ III, 3~8-
84) .
Recre'ational (refer to section 817.00(c)). (Ord.
. Na.92:-6, ~ XUI, 6-:~92). _ '_
Riding stables (miniinUm parcel size require-
ment .of five acres): ,COrd. Na. 82-~O, .~ V;
12-9-82) _ .
Sanitary landfill, class m .only (refer to sectiari
817.00(p)), (minUnum parcel size aflO acres).
(Ord. Na. 90-.34, ~ 11, 9-27-90; Ord. Na. 9~,
~ Jnr, 5-5-94)': ,-. . . _ ._'. . ,
Schools, parochial and private (refer.to seCtian
817.00(d)). . . _. " ' .' _ .
Single-family mobile hame dwelling With a
. minimum floor area .of 480 square feet $fI' a
temparary residence while ~:>uil~g a staD.-
dard .or manufactured ~we11ing (m.axmium
duratian .of 18 months). (Ord. Na~ 81-3.~, ,~..__'
VI( 1l~19-'81; Ord. Na. 8~1, ~ VI,S-'8-84)' _.-
, Temparary campsites far 3 days befare, during
and 3 days after any regularly. .scheduled
racing event' at the Daytona Beach Interna-
tional Speedway duijng the manth .of March
on condItian that security, partable tOilets,
garbage dispasal and patable water facilities
- sufficient ta accammadate all occupants are
pravi~ed. Sales .of products are permitted at
said campsiteS. COrd. Na. 87~14, ~ il, 6-18-
87)
Wholesale"orretail fertilizer sales. (Ord. Na.
. .
84-25) ~ IV; 10-10-84) .
Dimensional Requirem~nts:
Minimum lot size.;
Area: 1 acre.
Width: 150 feet.
.20
. .
EXHIBIT "B"
Boak::
Page:
4616
..)450
APPENDIX B-ZONING ORDINANCE
<
Minimum yard size:
Front yard: 40 feet
Rear yard: 40.feet
Side yard:
Abutting any lot: 25 feet. (Ord. No.
81-39, ~ VIII, 11-19-81)
Abutting any street: 4'0 feet. .
Waterfront yard: 40 feet. (Or9.. No. 82-20,
~ XIII, 12-9':82; Ord. No. 90-34,'~ 11,
9-27-90; Ord. No. 94-4, ~ xv, 5-5-94)
Maximum building height: 55 feet.
Maximum lot coverage: The total lot are.a cov-
ered with principal and accessory birildiIigs
shall not exceed 35 percent.
Minimum /loor area: 1,000 8q~are feet. (Ord.
No: 81-39, ~ VIT, 11-19-81; Ord.. No. 84-~, fi VI,
'~-8-84) . . . . .
. Off-Strnet'Parking and LoadingRequi~ment:
Off-street parking and loading areas meeting the
requirements of sections 810'.00 arid 811.00 shall
be co~tructed. '(~d. .No~ 90-~4, ~ .11, 9-27-9()).
Skirti1)g Requirement for Mobile Home Dwell-
ing: The area between the ground and floor pf t.Jie
mooiIe . home dwelling. shaII be. enclosed with
skirting. (Ord~ ~o. 84-1,' fi VI, a-8-84) . . . .
. 'iype~' ~f.S~' Pe~initted:
GroUnd sigI)S (refer to section 822.00 et seq. for
additional regulations). (Ord. No. 8~16, ~
Ix, 10-23-86) .' .
Projecting signS (refer to section 822.00 et seq.
for additional regulations). (Ord. No. 86-16,
~~1~~~ . .
Temp9rary signs (refer to s~cti(;lD 822.00 et seq.
for additional regulations). (Ord. ~o. 86-16,
~ lX, 10-23-86)
A-4 TRANS.ITIONAL AGRICULTUR
CLASSIFICATION.
40Edi .S DOte-The A-4.clasaificatio
of Oed. ~o" 94-4, adopted May 6, 1994. .
Supp. No. 11
CDB:37
21
Art. . VII
areas. It is intended that this classification e'
a plied to preserve existing agricultural us in
ur an and rural areas as depicted by the co pre-
he ive plan, or' to properties so as to c mcide
wit the existing chll!acter of an area in a anner
consi tent with the comprehensivepl~ .
Per itted Principal Uses' and St' ctures: in
the A-4 ansitional Agriculture Clas fication, no
premise shall be used except for t e following
use.s and heir customary accessory ses or struc-
tures. .
Apiarie
Aviaries. .
Comm
. height ove ground level. Ord.l'fo. ~7-19,. fi
II, 8-7-9 -)
Essential u . 'ty.services.'
Except for oBe permitte
listed here der, all . cultural pursuitS,
including process'. g, packaging, storage
. and sale of gricul . e products which are
raised on' the r.e . . .
Exempt excavati ns ( er ~ section 817.00(0))
. and/or those. comply ~th article .YITI
of the Land D v .opin'ent Code of Vo~usia
County rappen AJ and/or final site plan: .
review procedur of thisordinance~ :
Exempt landfiIis ( er ~.'.section 817.00(p)).
Fire stations. .
Hobby breeder.
Home occupatio ,cl s A
Outdoor music event.
Parks and recr ation
dential devepments.
PiscicultUre. . '. :,
Public' school .
Publicly own d .parks and . ..
Publicly 0 'd or regUlated . ater supply wells:
Single-fami standard or m'
ing. .
Tail water ecovery systems.
Worm rai g.
Permitte Special Exceptions: Ad 'tional regu-
lations/req irements governing perm tteq. special
exceptions are located in. sections 17.00 and
1104.00 0 this ordinance. . ..;
Camm . cation towers exceeding feet in
hei t above ground level. (Ord. No. 7-19, fi
II, -7~97) .
EXHIBIT "B"
Book: 4616
Pa.ge: .:,451..
. .
'.
SECTION-21-31- COMFREHENSlVE PLAN RELATIONSHIP
Table ill-I shows which zoning categories are consistent with and implement the land use categories
in the Comprehensive Plan, particularly the Future Land-Use Map (PLUM). Changes to this Table
require a text plan amendment to the PLUM (Section 21-96)-and completion of the LDC amendment
process (Section 21-94).
TABLEID-1.
LAND USE AND ZONING COMPATmILITY
Future Land Use Desi2Wltion ComDatible Zonin2 Districts
Low Density Residential RR,R-1,R:"2, R-3, RPUD~ RP
1.0 to 5.0 DU/gr.- ac : ..A/
Medium Density Residential R-4, RPUD, MH-L MH':2
5.1 to 8.0 nU/gr. ac
IDgh Density Residential R..:5, RPUD, B-4
8.1 to 12.0 DU/ro:-._ac
Commercial B-2, B-3, B-4, BPUD, RP
Industrial 1-1,1-2, IPUD
R~tion -~, RR" AG, R-I, R-2, R-3, RPUD
PubUclSemi-PubIic CN, AG
Conservation CN
AgricultUre AG,RR
. .1. 1 nTTn , ~('
Future Land Use Element of the Comprehensive Plan, 1991
SECTION 21-32 - ZONING DISTRICT QESCRlPTIONS
21-32.01 - Zoning District Descriptions
Table ill-2 summarizes the principal purpose for each zoning category. The mlnimum parcel sizes
are provided where applicable.
. (SeePage ID-S)
Rev. 7/00 (policiesProcedureslLandDevelopmentCode) m-4
22
EXHIBIT "B"
Book:
Page:
4616
3452
. ..
Zoning District Title Category Purpose & General Description
Conservation CN Protection of wetlands, aquifer recharge &
environmentally sensitive areas
Rural Residential RR Provide for limited agriculture and provide for a
transition between rural and residential land uses _
min. 1 acre lot .
SF Residential R-l Single family residential - (1.0 to 5.0 units/acre)
min. 12,000 SQ. ft..lot
SF Residential R-2 Single family residential (1.0 to 5.0 units/acre) min.
. 10,000 sq. ft. lot
SF Residential R-3 Single family residential (1.0 to 5..0 units/acre) min.
. 8,625 SQ. ft. lot
MF Residential R-4 Medium density residential (5.1 to 8.0 units/acre)-
single family, duplex, apartments, townhouses
MF Residential R-5 High density residential (8.1 to 12.0 units/acre)-
sinJde family, duplex, apartments, townhouses'
Residential Planned Unit RPUD Intended for mixed residential, personal service
Deve~opment and liri:1ited retail commercial With a siQgIe .
development plan - no min. size parcel- See .
Article V, Section 21-57 for details
Residential Professional Office RP Intended for office professional along SR#442, Park
Avenue and U.S. #1, rezo~ must be accompanied
. by a site Dlan
Mobil~ Home Park: MIl-I .MediuiIldensity~~dential'(5.1 to 8.0 units/acre). .
ProvidC fOr mobile home parks ~ min. 5 acre parceI
.' . .. .. (See'sec.21-71fornon~nformingparks) '.'
ManufaCtured Home MH-2 ~edium density residential (5.1 to 8.0 units/acre).
Subdivision . Provide for manufactured home subdivisions - min.
50 aCre Darcel
Neighborhood Business B-2 Intended for retail goods and services for frequent
resident needs - min. 10,000 SQ. ft.
Highway Business B-3 Intended for high volume highway related
commercial uses - no min. parcel size
Tourist Commercial B-4 Intended for short term waterfront acconnnodations
for visitors and accessory uses, may include ,
residential mixed use as Part of PUD - min. 2 acres
Business Planned Unit BPUD Intended for mixed co~ial and limited
Development . multifamily residential with a single development
plan - no min: size parcel - Details in Article V,
Section 21-57
light Industrial . I-I Intended for stOrage, light manufacturing, .
wholesaling and distribution uses - no min. parcel
size
Heavy Industrial 1-2 Intended for heavy manufacturing uses- no min.
parcel size
Industrial Planned Unit . !POO ltitended for mixed industrial and limited .
Development commercial with a single development plan - no
min. parcel size - Details in Article V, Section 21-
. 57
Agriculture AG Provide for general agriculture uses - min. 2.5 acre
nllrt'p.l '. .
TABLE 111-2
ZO~GDffiTmCTD~CmPTIONS
23
"
EXHIBIT "B"
Book: Lj.616
Page: 3453
. ..
SECTION 21-33 - USES AND RESTRICTIONS
21-33.01 - Purpose .
This portion of Article ill depicts the permitted, conditional and accessory uses by zoning district
using the matrix format. The footnotes in.Table ill-3 refer to any applicable special criteria for that
use in the particular zoning district and are described in Section 21-34 of this Article.
If a designation is not present in a. given square in the matrix, that use is NOT permitted in that'
zoning district. Changes to the list of uses, the zoning districts and/or the permitted, conditional or
accessory use status of a given land use can only be changed by completing the me amen~ent
. process described in Article IX. .
21-33.02 - Permissible Uses
Theuse depicted as''P'' in the matrix (Tablelli-3)-means that it is peimissible in that zoning district
as i,l matter of right; subject to satisfactory compliance with the project design standards found in
Article V and any applicable site plan review requirements in. Article IX.
The list of permissible .uses can not be all inciusive. These uses described in Table ID-3 shall be
interpreted by the Plannin~ Director to include other uses th~ have similar impacts to those lis~.
Any ~pu~ or request regarding interpretations shall be resolved by the .City Manager subject to
appeal to the City COuncil. .
21-33.03 - Conditional Uses
The use depictoo as <(e" in the matrix (Tableffi-3) means that it is permitted in that zoning district
only after satisfactory completion. of the conditional use process described in Article IX or the
satisfactory completion of a Planned Urban Development. Satisfactory .compliance with the'
. applicable project design standards. described in Article V and the conc~ncy requirements .
described in Article XI must also be achieved prior' to cOmrbencement of a project:
. . .
21~33.04 - Accessory'Uses
The use depicted a "A" in the matrix (Table ill-3) means a use tha,t is incidental, related appropria~
. and clearly subordinate to the. existing principal permitted use. .
Rev. 7/00 (PoliciesProcedureslLandDevelopmentCode) ill-6
24
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EXHIBIT "B"
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F"age:
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EXHIBIT "B"
Book: 4616
Page: 3457
,C "
TABLE III-3 FOOTNOTES
The Sections cited below identify special requirements for the listed land uses and areJound on the
following pages. In addition, many of the proposed projects must also comply with the requirements
of Article tv - Natural Resource Protection, Article V - Site Design Criteria and ArtiCle VI ':" Signs.
1. See Satellite Dishes, Section 21-36.04 - Dishes greater than 39 centimeters in
diameter are required to.obtain a building permit and otherwise conform to the site
development criteria.
2. See TeleCommunications, Article XU for details.
3. See Bed & Breakfast, Section 21':34.12 for details.
4. See KenneIs/Boarding, Section 21..;34.09 for details for details.
5. See Mini-Warehouses, Section 21-34.11 for details.
6.. See Nursing Homes., Section 21-34.13 for details.
. 7. . See Ou~oor Storage, Section 21-34.04 and 21-36.03 for details.
. .
8.' See Community Residential Homes, Section 21-34.02 for details.
9. Limited to 6, or less, residents and no closer . than 1000 feet to another Family
Residential Home.
10. See Institutional Residential Homes, Section 21-34.03 for details..
11. Multifamily reSidential is permitted in .BPUD only as part of a single
business/residential development plan - Article V, Section 21-57 for details.
12. See Salvage Yards, Section 21-34.07 for details.
13. Residentia1/Professional offices maybe permitted as a conditional use in the R-2
district for properties residentially developed abutting State Road #442. See Section
21-34.14 for details. . .
Rev. 7/00 (PoliciesProcedures/LandDevelopmentCode) I11-1O
28
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14. No artificial lights or recreational aCtivity within 25 feet of the perimeter of the
property line shall be permitted adjacent to residential property.
15. Places of Worship - Schools/Child Care, see Section 21-36.05 for details.
16. Umited commercial is permitted in IPUD, only as part of a single
industrial/commercial development plan pursuant to the requirements in Article V.
17.' Attached and detached aircraftha.J?-gers permitted in residential districts adjacent to
, airport taxi ways.
18. ,Internally oriented reqU1 commercial, see Section 21.57 for details.
SECTION 21-34 . SPECIAL USE REQUIREMENTS
The following uses are subject to the spec~a1 restrictions described below in addition to the
applicable natural resource standards des~ribed in Article, IV and the project design standards
described ,in Article V.
21-34.01- Home Occupations
, .
The purpose of this Section is to provide criteria under which a home occupation may operate in the '
City's resi~ential areas. No home occupation li~nse shall be issued unless the Planning Department
, detennines the proposed business is ~mpatible with the criteria shown below.
a. The use must be conducted by a member, or members, of the i.rnriIediate family residing on '
,the premises and be conducted entirely' within the liVing area of the dwelling unit not to
exceed twenty percent (20%) of the dwelling unit space for the l10me occupation.
b. N() manufacturing, repairing of vehicles, or other uses that are restricted to commercial and
'industrial districts are allowed.
c. No chemical equipment, supplies or material except that which is normally used for
household domestic purposes, shall be used or stored on site.
d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is
normally emanated by a single dwelling unit.
Rev. 7/00 (policiesProcedureslLandDevelopmentCode) ill-II
29
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