2005-O-49r
02/0e/2000 02:02 PH
C aTstrUlerltt 2006-OM377 # I
Book= 5763
r Page: 2495
ORDINANCE NO.2005-0-49
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) TO CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) FOR PROPERTY
LOCATED WEST OF U.S. HIGHWAY NO. 1 AND
NORTHWEST OF WILLIAM STREET, EDGEWATER,
FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE
THE PLANNED UNIT DEVELOPMENT (PUD) ZONING
AGREEMENT FOR THE WORTHINGTON CREEK
SUBDIVISION; AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF EDGEWATER; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
Glenn D. Storch, P.A., (agent) on behalf of Worthington Creek Investment, Inc. who
is the owner/applicant for properly located West of U. S. Highway No. 1 and Northwest of William
Street, Edgewater, Florida. Subject property contains approximately 154.97 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from County A-3 (Transitional Agriculture) to City RPUD (Residential Planned Unit
Development) for the property described herein.
3. On September 14, 2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 4 - 2, the Board
recommended that City Council consider approval of the request.
4. On November 7, 2005, the City Council considered on first reading/public hearing
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2005-0-49
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Tnstrument# 200G0333T1 # 2
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the proposed change in the zoning classification after publication of such hearing in the Observer
on October 27,2005.
5. On December 5, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on November 25,2005, and notifYing by mail all
property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
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2005-0-49
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Instrument# 2005033377 it 3
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A-3 (Transitional Agriculture) to City RPUD (Residential Planned Unit Development) pursuant to
the associated Planned Unit Development (PUD) Agreement for Worthington Creek Subdivision
(attached hereto and incorporated as Exhibit "B").
The following described real property all lying and being in the County of V olusia
and State of Florida.
Parcel relating to Ordinance #2004-0-46:
The following described real property all lying and being in the County of V olusia
and State of Florida.
That part of the South Y2 ofU. S. Government Lot 3, located in Section 24, Township
18 South, Range 34 East, (as measured on the West line ofU. S. Highway No.1),
lying West ofU. S. Highway No. I and that part of Section 19, Township 18 South,
Range 35 East, lying East of the South Y2 of U. S. Government Lot 3, Section 24,
Township 18 South, Range 34 East and lying West ofU. S. Highway No.1 and the
South 548 feet of that part of the Northeast 1/4 of the Southwest 1/4 of said Section
24, lying East of the Florida East Coast Railway and the South 548 feet of that part
of the Northwest 1/4 of the Southeast 1/4 said Section 24, lying East of the Florida
East Coast Railway.
That part of the North Y2 ofU. S. Government Lot 3, located in Section 24, Township
18 South, Range 34 East (as measured on the West line ofU. S. Highway No.1),
lying West of U. S. No. 1 Highway and that part of the Northeast 1/4 of the
Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4 of Section 24, lying East
of the FEC Railway except the South 548 feet and except the North 247.7 feet of the
West 990 feet of the Northwest 1/4 of the Southeast 1/4 and except the North 247.7
feet of the East 446 feet of the Northeast 1/4 of the Southwest 1/4 of said Section 24.
Containing 74 i: acres more or less.
Parcel relating to Ordinance #2005-0-14:
The following described real property all lying and being in the County of V olusia
and State of Florida.
That part of the South Y2 of the Southeast 1/4 of Section 24, Township 18 South,
Range 34 East, lying East ofFEC Railroad right-of-way, and that part of Section 19,
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2005-0-49
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Instrumentlt 2006-033377 # 4
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Township 18 South, Range 35 East, lying West ofD.S. No.1 Highway and East of
said South Yz of Southeast 1/4 of Section 24, Township 18 South, Range 34 East,
except the Northerly 250 feet.
and
The Northerly 250 feet of that part of the South Yz ofthe Southeast 1.4 of Section 24,
Township 18 South, Range 34 East, lying East ofFEC Railroad right-of-way and that
part of Section 19, Township 18 South, Range 35 East, lying West ofD. S. Highway
No. 1 and East of said Northerly 250 feet of the South 1.2 of the Southeast 1.4 of
Section 24, Township 18 South, Range 34 East, also described as the North 250 feet
of the Southwest 1/4 of the Southwest 1/4 of Section 19, Township 18 South, Range
35 East, lying West ofD.S. Highway No.1 right-of-way.
Containing 80.97 i acres more or less.
Total subject area containing 154.97 acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
above described property.
PART C.
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 D.
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
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2005-0-49
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rument# 2006-033377 # ~)
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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 E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on November 7,2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
During the second reading/public hearing held on December 5, 2005, the City Council voted
to continue this hearing until January 9,2006.
During the City Council meeting on December 19, 2005, Council announced a further
continuation until January 23,2006 due to the January 9,2006 meeting being canceled.
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2005-0-49
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Instnnmtt 2006-033377 t 6
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After Motionby Councilwoman Rohodes and Secondby Councilwoman Lichter
the vote on the second reading of this ordinance was as follows:
AYE NAY
M M'k Th x
ayor t e omas
Councilwoman Debra J. Rogers x
Councilman Dennis Vincenzi x
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 23rd day of January, 2006.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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2005-0-49
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CITY COUNCIL OF
CITY OF/FDGEWA:
(pyb�, Y'114
Robin L. Matusick
Legal AssistanttParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 23rd day
of January, 2006 under Agenda Item No.
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Instrument# 2006-033377 # 8
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THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARDNER, LLP
III North Orange Avenue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW ATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
WORTHINGTON CREEK SUBDIVISION
THIS AGREEMENT is made and entered into this ;1J day of ~ ,2006
by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose
mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter
referred to as "City") and WORTHINGTON CREEK INVESTMENT, LLC., a Florida Limited
Liability Company, with P. Michael Evans as the authorized agent whose address is 1682 W.
Hibiscus Boulevard, Melbourne, Florida 32901 (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 of the 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 155.64 i: acres south of Clinton
Cemetery Road, west of US-l and east of the Florida East Coast ("FEC") Railroad, within
Edgewater, V olusia County, Florida. The legal description of the property is attached hereto as
Worthington Creek
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Exhibit" A" - Legal Description. The Record owner ofthe subject property is WORTHINGTON
CREEK INVESTMENT, LLC, a Florida Limited Liability Company whose address is 1682 West
Hibiscus Boulevard, Melbourne Florida 32901 with P. Michael Evans as their authorized agent.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer shall
commence construction ofW orthington Creek, as defined by the Master Plan, dated October 2005
(Exhibit "B" included herein), within one (1) year of required permit approvals for this project or
within eighteen (18) months of the effective date of this Agreement, whichever is greater.
Developer's failure to initiate construction within the time frame identified herein may result in the
City's termination of the Agreement. The City, at its sole option, may extend the duration of this
Agreement. This development must be consistent with the Master Plan and which must be approved
by City Council prior to commencement of any authorized work. Final approval of the Subdivision
Plans by City staff shall include, but not be limited to utilities, stormwater, traffic, streetlights, fire
rescue, hydrants, law enforcement, sidewalks, environmental, solid waste containment, and planning
elements, including landscaping, signage and pavement marking.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this Agreement
and in accordance with the City of Edge water's current Land Development Code. The Developer
further agrees that all development will be consistent with the Worthington Creek Master Plan dated
October 2005 (Exhibit "B"). Worthington Creek shall be developed consistent with the City's
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:
Worthington Creek
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A. Average Lot Size/Unit Count
Worthington Creek shall not exceed a total of 436 dwelling units. Based on the Preliminary
Plat approval, the total number of units may vary but the maximum residential units allowed for the
Worthington Creek Subdivision shall be less than 3 dwelling units per gross acreage or a maximum
of 436 units.
No lot will exceed a maximum building coverage of fifty percent (50%) with a maximum
impervious coverage of seventy-five percent (75 %).
Lot Dimensions:
Density per PUD (436 units):
55' x 120'
65' x 120'
75' x 120'
not to exceed 232 lots
not to exceed 176 lots
28 lots
B. Minimum Single Family House Square Footage
The minimum house square footage for 436 residential units shall consist of not less than
1,300 square feet living area. Each single-family residence will have a minimum of a two (2)car
enclosed garage. No carports shall be allowed.
C. Minimum Yard Size and Setbacks:
55' Lots
Front - 25'
Rear - 20'
Side - 7.5'
Side Comer-15'
Maximum Height - 35'
Utility Easements - 10' front, 5' sides
Wetlands - 25'
Worthington Creek
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Swimming Pools - Rear - Rear - 7.5' to pool deck edge and enclosures (non-comer lots)
Side - 7.5' (non-comer lots) 15' (side-comer lots) to pool
deck edge and enclosures.
65' Lots
Front - 25'
Rear-20'
Side - 7.5'
Side Comer - 15'
Maximum Height - 35'
Utility Easements - 10' front,S' sides
Wetlands - 25'
Swimming Pools - Rear - 7.5' to pool deck edge and enclosures (non-comer lots)
Side -7.5' (non-comer lots) 15' (side-comer lots) to pool deck edge
and enclosures.
75' Lots
Front - 25'
Rear - 20'
Side -7.5'
Side Comer - 15'
Maximum Height - 35'
Utility Easements - 10' front, 5' sides
Wetlands - 25'
Swimming Pools - Rear - Rear - 7.5' to pool deck edge and enclosures (non-comer lots)
Worthington Creek 4
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Side - 7.5' (non-comer lots) 15' (side-comer lots) to pool
deck edge and enclosures.
D. Roads
There shall be two (2) access road entrances permitted from US-I to service the gated
subdiyision with a minimum right-of-way width of sixty feet (60').
A south bound right turn lane and a northbound left turn lane, shall be required along US-I
for the main entrance and may be required, as determined by a traffic study, for the secondary access
point and shall meet all FDOT required specifications.
All private roadways within the development shall have a minimum right-of-way width of at
least fifty feet (50').
Due to the subdivision being a gated community, all interior roads shall be maintained by the
HOA. Emergency vehicle access will be provided by the developer and approved by the City.
E. Stormwater Management
The Retention Pond(s) will meet the requirements of the St. Johns River Water Management
District and the City's Land Development Code. The pond(s) are approximately 29.38:1: acres,
subject to final engineering, and will be owned and maintained by the HOA. Developer is required
to provide an outfall to a publicly owned or controlled drainage conveyance system, and obtain an
off-site drainage easement if necessary.
Developer agrees that the storm water leaving the site cannot cause off-site flooding to any
downstream properties.
Flood Plain Encroachment and Compensatorv Storaf!e Criteria.
Worthington Creek
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Defmitions
FEMA - Federal Emergency Management Agency
FIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United States Geological Survey
NGVD29 - National Geodetic Vertical Datum of 1929
NA VD88 - North American Vertical Datum of 1988
SHWL - Seasonal High Water Level. The SHWL is defined as the elevation to
which ground or surface water can be expected to rise during a normal wet season.
SHGWT - Seasonal High Ground Water Table. The SHGWT is defined as the zone
of water saturated soil at the highest average depth during the wettest season of the
year.
100- Year Flood Elevation - The flood elevation that has a one percent (1 %) chance of
being equaled or exceeded each year.
The on-site 100-year flood elevation shall be established to the satisfaction of the City
Engineer.
Establishing the 100-year flood elevation may be based upon a combination of:
FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive and
regional nature; and site-specific assessments signed and sealed by a professional
engineer licensed to practice in the State of Florida.
Projects located near the coast should evaluate any flooding effects associated with
both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA Zones
Worthington Creek
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A, AE, AH and AO).
In the case of conflicting information, the City will rely upon the highest elevation,
unless reasonable assurance can be provided that a lower elevation is justified.
Under no circumstances will the City accept a 100-year flood elevation determined
by overlaying a FEMA Zone A delineation with any topographic contour
information.
Construction plans and drainage basin maps shall be annotated to clearly and accurately
delineate the flood plain encompassed by the applicable on-site 100-year flood elevation.
Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot
(i.e. I-foot topographic contour interval and 100 year flood elevation to one decimal
accuracy). USGS quadrangle maps depicting 5- foot topographic contours are not adequate to
comply with these design standards.
Flood plains shall be delineated for all storage areas located within the property boundary as
defined by the pre-development topography, even if these areas are not illustrated on FEMA
FIRM panels.
Historically, flood elevations published by FEMA and other governmental agencies have
been determined using the NGVD29 datum, or for that matter any other vertical datum, a
"datum shift" may be required to "adjust" the applicable on-site I OO-year flood elevation to a
common and consistent datum.
The SHGWT shall be established by drilling a sufficient number of geotechnical borings,
whereas the SHWL shall be determined by an ecological assessment of hydric soils,
Worthington Creek
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vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be
determined for all wetlands, depressions, and any other low areas within the property
boundary that are capable of impounding stormwater runoff on the developed property.
Flood plain encroachment shall be computed for all fill placed within the flood plain below
the 100-year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all 100-year flood plain encroachments shall be provided in
accordance with the following requirements.
Compliance will be based upon a volume for volume ("cup for cup") methodology,
with the volume of compensation equal to the volume of encroachment at each and every
elevation (I-foot contour interval). Providing compensating storage equal to the volume of
encroachment at each elevation will provide equivalent flood plain management for all storm
events of magnitude less than the 100-year storm event, and is intended to prevent
cumulative water quality impacts.
Storage creation must occur below the existing 100-year flood elevation and above the
predicted SHGWT and/or SHWL.
Compensation must occur within dedicated storage areas excavated contiguous to, but
outside of, the existing 100-year flood plain.
Under no circumstances will compensatory flood storage be allowed within ponds that also
provide stormwater management (retention and/or detention) for the proposed development.
The City may approve the creation of offsite compensatory storage areas located outside the
Worthington Creek
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property boundary on a case-by-case basis.
The City reserves the right to enforce additional criteria upon any project that is located
within what the City considers a special flood hazard area. At the City's discretion,
additional flood control measures may be required to adequately protect, upstream systems,
downstream systems, and/or offsite properties.
F. Signage
All subdivision signage will be located within common areas along the main entrance road
(not within public right-of-way) to the subdivision and must meet all requirements of the Land
Development Code. A written easement dedicated to the HOA must be recorded for the location of
the sign. Developer shall dedicate all sign locations to the HOA.
G. Trees
There shall be a minimum of four (4) trees per each single-family home building lot. Trees
shall be 2 W' in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit
"C" - Trees. A tree survey shall be provided prior to construction plan approval. Each lot shall
have a tree survey prior to the issuance of a building permit. The purpose of the tree survey shall be
to determine the number of specimen and historic trees and to determine the tree mitigation
requirements.
Statistical tree survey information may be considered at the discretion of the Planning
Director. However, such statistical surveys shall be limited to sites containing an overstory
consisting predominantly of trees uniform in age, species and distribution, which do not contain
specimen or historic trees. Statistical surveys must be conducted in compliance with accepted
forestry practices.
Worthington Creek
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The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
H. Environmental Constraints
Any development of the property shall comply with all recommendations contained in all
Environmental Constraints Summary Report( s) as prepared by Biological research Associates dated
October 2005 and/or any future environmental reports as approved by federal and state agencies.
1. Entrance to Subdivision
There shall be two (2) entrances permitted from US-I to the Development.
J. 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 Worthington Creek is recorded.
K. Easements
Easements for rear yard construction purposes shall be located between every other lot and
shall have a width often (10') feet, being five (5) feet on each side of the lot lines for the benefit of
the adjoining lots in the event that access to the rear of the lot is required and the individual lot
owners side yard width is not adequate to accommodate the access. Easements for public utilities
shall be dedicated to the City and any other public utility provider.
L. Landscaping and irrigation plans must be submitted with final construction plans.
M. Model Homes and/or Temporary Construction/Sales Offices
At no time shall the number of model homes exceed a maximum of twelve (12) units.
Temporary construction/sales offices will not exceed a maximum of one per builder.
Worthington Creek
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1. Model homes are permitted upon compliance of the following
requirements/conditions:
(a) A building permit shall be approved and issued by the City Building
Department;
(b) Adequate parking shall be provided;
(c) No permanent utility connections shall be allowed until said utilities
are completed and approved by all applicable regulatory agencies;
(d) A certificate of occupancy shall not be issued until final approval of
said utilities and permanent utility connections are complete;
( e) Adequate fire protection shall be provided;
(f) Adequate access to any model home must be provided prior to the
issuance of a building permit; and
(g) Model homes may serve as a sales office until the final certificate of
occupancy is issued on the last available lot.
2. Temporary Construction/Sales Offices are is permitted upon compliance of the
following requirements/conditions:
(a) Building permits are approved and issued by the City Building
Department;
(b) Temporary offices shall be removed within thirty (30) days after
completion of the first model home per builder; and
( c) Access to the temporary office, location and parking must be
approved by City staff prior to the issuance of a building permit.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Worthington Creek is Low Density Residential with
Conservation Overlay. The zoning designation for Worthington Creek shall be RPUD (Residential
Planned Unit Development) as defined in the City Land Development Code. The City of
Edgewater's permitted uses for RPUD are applicable to the development of the property and
consistent with the adopted Land Development Code and City's Comprehensive Plan.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Worthington Creek
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Developer agrees to connect to the City's potable system at the nearest point of connection, the
nearest entrance of the subdivision. In the event the City requires the installation of oversized lines
or facilities designed to provide service for other properties, then the City shall pay for the cost of
such oversizing by means of a direct cash payment by the City to the developer or a credit against
water capital charges otherwise to be paid by the developer. 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 or in accordance
with the requirements contained in the Land Development Code as it relates to performance bonds.
B. Developer agrees to connect to and utilize the City's/County's wastewater
transmission and collection system. All wastewater collection and transmission system
improvements will be installed by the Developer and conveyed to the City/County by Bill of Sale in
a form acceptable to the City and dedicated to the City prior to or at the time of platting or in
accordance with the requirements contained in the Land Development Code as it relates to
performance bonds. Developer may desire to enter into an infrastructure agreement to facilitate the
installation of off-site wastewater collection/transmission system improvements.
C. The City has determined that reclaimed water is available at this time. Therefore,
the developer shall install piping for reclaimed service.
D. Developer agrees to provide, at no cost to the City, all required stormwater and utility
easements (on and off site) for drainage and utility service consistent with this provision.
E. All utility services will be underground.
F. Off-site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes, signalization) required by Department of Transportation
(V olusia County) and the City to enable project approval based on transportation requirements are
Worthington Creek
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the developer's responsibility and shall meet all City, County and/or State requirements and
approvals.
G. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - 100% - The applicable impact fees due to the City for water shall be paid by
applicant at time of reservation of water capacity.
Sewer - 100% - The applicable impact fees due to the City for sewer shall be paid by
applicant at time of reservation of sewer capacity.
Police, Fire, Parks and Recreation - Paid to City by applicant at the time of Building
Permit application.
City Road Impact Fee - Paid to City by applicant at the time of Building Permit
Application.
V olusia County Impact fees for Roads and Schools - Paid at City Hall by applicant to
include, but not be limited to, County road and school 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.
H. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
I. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
J. Developer agrees to reimburse the City of Edgewater for direct costs associated with
the legal review, engineering review and construction inspection related to the Worthington Creek
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development approval and the construction of required infrastructure improvements and the review
and approval of the final plat.
K. The developer shall provide all public facilities to support this project including the
following:
1. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Piping for future reclaimed service.
4. Stormwater collection/treatment system.
5. Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the Subdivision. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
6. Developer is responsible for the costs of recording the plat upon approval by the City
of Edgewater.
7. Bonds - A Performance Bond, Tri-Party Agreement or Letter of Credit, shall be
110% of the costs of all requirement remaining improvements at the time of the
recording of the Final Plat. A Maintenance Bond equal to 10% of the cost of the
water and sewer improvements shall be provided to the City at the time issuance of a
Certificate of Completion. The Maintenance Bond shall be in effect for a two (2)
year period or as currently required in the Land Development Code.
8. Sidewalks shall be constructed on both sides of the streets/roadways and have a
minimum width of five feet (5') and shall be constructed prior to issuance of a
Certificate of Occupancy on each building lot. Developer shall provide a bond or
surety in a form acceptable to the City in the amount of$l 0.00 per lineal foot for two
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(2) years. Or, upon review and approval and at the City's sole discretion, City may
allow the developer to extend the sidewalk bond for an additional two (2) year term.
If sidewalks are not completed within four (4) years, the developer will install the
remaining sidewalks.
9. Streetlights shall be maintained by the HOA and Developer agrees to request
installation of the street lights from Florida Power & Light within thirty (30) days of
Construction Plan approval and will forward proof of same to the City.
L. Recreational Facilities and Open Space
The developer agrees to provide three (3) or more passive neighborhood parks pursuant to the
Master Plan (Exhibit "B"). There shall be a minimum of twenty-five percent (25%) open space for
the project. Location of the park with dimensions will be determined during the preliminary plat
phase. Open space shall be defined as any area not occupied by any structure, impervious surface or
no more than fifty-percent (50%) of the stormwater management area.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined in
the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive
Plan and Land Development Code.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edge water, by warranty deed or plat dedications all
public utility easements as required, free and clear of all liens and encumbrances; and provide a title
opinion to evidence compliance with same. Due to the subdivision being a gated community, all
roadways are private and therefore, will not be deeded to the City. Worthington Creek has
designated 39.95 acres (plus or minus) or twenty-five and sixty-seven-one hundredths percent
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(25.67%) of the project, as open space, conservation, etc., to be maintained by the HOA or other
approved entity.
Open space is determined as any parcel or area of land or water set aside, reserved or
dedicated for the use and enjoyment of all owners and occupants of the project. Usable common
space shall include area(s) readily accessible and generally acceptable for active or passive
recreational use. Open space shall not include required setback areas or contain structures or right-
of-ways other than those intended for landscape or recreational purposes.
A twenty-five foot (25') wide berm with fencing and/or landscaping shall be located along
the entire southern boundary of the subdivision. The total width of the buffer shall be fifty-feet (50').
Residences located along the southern boundary shall be limited to single-story.
A fifty-foot (50') right-of-way shall be dedicated to the City for all canals and shall be
maintained by the HOA.
8. PERMITS REQUIRED
The Developer will obtain the required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health and Rehabilitative Services, St. Johns River Water
Management District, Army Corps of Engineers, Florida Fish and Wildlife
Conservation Commission, and V olusia County.
2. City of Edge 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 to be determined by engineer, minimum
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finished floor elevation shall be twelve inches (12") above the 100 year flood
elevation.
9. DEVELOPMENT REQUIREMENTS
Failure ofthis 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 restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment, or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived, or as expressly provided or in this
Agreement. Developer is responsible for all review, advertising and legal fees.
Development standards shall be those of the City as set forth in the Land Development Code,
except as otherwise set forth in this Agreement or as designated on the construction plans approved
by the City.
Developer shall establish a mandatory HOA for the purpose of maintaining the property and
enforcing applicable covenants and restrictions. The mandatory HOA will also be responsible for the
streetlight requirements that result from the project including payment to Florida Power and Light for
installation, maintenance and power consumption and the maintenance of the stormwater areas,
retention areas, all common areas and any designated easement areas within the Worthington Creek
Subdivision, common area tracts as depicted on the plat, and private streets within the gated
community. The HOA documents, including applicable articles of incorporation; covenants and
restrictions; and by-laws shall be reviewed and approved by the City prior to final plat approval.
10. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other requirements
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determined to be necessary by the City for the public health, safety, or welfare of its citizens.
11. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement,
the Developer shall file a written appeal to the City Manager. After receiving the written appeal, the
appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve
the dispute, the issue shall be scheduled for the City Council agenda. The action ofthe City Council
is the final authority concerning this Agreement, subject, however, to the parties' rights to invoke the
remedies provided below.
12. PERFORMANCE GUARANTEES
During the term of this Agreement regardless of the ownership of the Property, the Property
shall be developed in compliance with the terms ofthis Agreement and applicable regulations ofthe
City not inconsistent with, or contrary to this Agreement.
13. 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
land subject to this Agreement or any portion thereof and shall run with the land and shall be
administered in a manner consistent with the laws of the State of Florida.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
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commencing 12-months after the date of this Agreement to determine if there has been good faith
compliance with the terms ofthis Agreement. Ifthe City finds on the basis of competent substantial
evidence that there has been a material failure to comply with the terms of this Agreement, subject to
Developer's right to cure provided below, the Agreement may be revoked or modified by the City.
Notwithstanding any other provision of this Agreement, if the City at any time concludes Developer
is in default of a covenant or obligation ofthis Agreement, the City shall notify Developer in writing
of the claimed default, and the Developer shall have the right to cure the default within thirty (30)
days after receipt of City's notice. The Developer shall not be deemed in default hereof, and City
shall invoke no remedies, if the Developer cures the claimed default within those thirty (30) days.
Further, if the default is of such a nature that it cannot be cured through the exercise of reasonable
diligence within thirty (30) days, then the Developer shall not be deemed in default hereof, and City
shall invoke no remedies, if the Developer commences in good faith to cure the default within thirty
(30) days after receipt of the City's notice, and thereafter cures the default within ninety (90) days.
16. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18. 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 of the provisions of this Agreement shall be made by the parties only in
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writing by formal amendment. Substantial changes, as determined by the City Manager, shall be
approved/denied by City Council.
19. 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.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance. Further, the Developer shall have the right to
challenge City actions and decisions in accordance with Chapter 163, Florida Statutes and the
Florida Rules of Appellate Procedure.
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other party
to enforce any provision of this Agreement or because of a breach by the other party of any terms
hereof, the prevailing 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 not such action is prosecuted to judgment.
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and the
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words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
24. 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.
A TTES:t?,
,:,'_:r-, .'
A
SUS'3i1:J:'W:
Gity:Cie~~"
~~.
,'. .~~Ji
Robin L. Matusick
Legal Assistant/Paralegal
Worthington Creek
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,....,
Witnessed by:
WORTHINGTON CREEK
INVESTMENT, LLC Y Worthington
Creek Investment c, anager.
STATE OF FLORIDA
COUNTY OF '~@l,U8h-\b..JvAL-
The foregoing instrument was acknowledged before my on this ~ay of
~ '~ 2006, by CECILE EVANS RIDER, who has authority,l9 execute this
dijument on be If of WORTHINGTON CREEK INVESTMENT, INC., and who IJI is p~sonally
known or 0 has produced as identification and who 0 did 'fJ did not
take an oath.
.."~\i\~:r~ Marsha Isham
f,,~'Ji":..% MY COMMISSION # 00247393 EXPIRES
~'~'lj November 3D, 2007
\:l"!I";!i.~" BONDED THRU TROY FAIN INSURANCE, INC
, 1I11~
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South Y2 of the Southeast 1/4 of Section 24, Township 18 South, Range 34 East,
lying East ofFEC Railroad right-of-way, and that part of Section 19, Township 18 South, Range 35
East, lying West of U.S. No.1 Highway and East of said South Y2 of Southeast 1/4 of Section 24,
Township 18 South, Range 34 East, except the Northerly 250 feet.
and
The Northerly 250 feet of that part of the South 'l2 of the Southeast 1.4 of Section 24, Township 18
South, Range 34 East, lying East ofFEC Railroad right-of-way and that part of Section 19, Township
18 South, Range 35 East, lying West ofU. S. Highway No. 1 and East of said Northerly 250 feet of
the South 1.2 of the Southeast 1.4 of Section 24, Township 18 South, Range 34 East, also described
as the North 250 feet ofthe Southwest 1/4 of the Southwest 1/4 of Section 19, Township 18 South,
Range 35 East, lying West of U.S. Highway No. 1 right-of-way.
Containing 80.97.::!:: acres more or less.
That part of the South 'l2 ofU. S. Government Lot 3, located in Section 24, Township 18 South,
Range 34 East, (as measured on the West line ofU. S. Highway No.1), lying West ofU. S. Highway
No.1 and that part of Section 19, Township 18 South, Range 35 East, lying East of the South Y2 of
U. S. Government Lot 3, Section 24, Township 18 South, Range 34 East and lying West ofU. S.
HighwayNo. 1 and the South 548 feet of that part ofthe Northeast 1/4 of the Southwest 1/4 of said
Section 24, lying East of the Florida East Coast Railway and the South 548 feet of that part of the
Northwest 1/4 of the Southeast 1/4 said Section 24, lying East ofthe Florida East Coast Railway.
That part of the North 'l2 ofU. S. Government Lot 3, located in Section 24, Township 18 South,
Range 34 East (as measured on the West line ofU. S. Highway No.1), lying West ofU. S. No.1
Highway and that part of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the
Southeast 1/4 of Section 24, lying East of the FEC Railway except the South 548 feet and except the
North 247.7 feet ofthe West 990 feet of the Northwest 1/4 of the Southeast 1/4 and except the North
247.7 feet ofthe East 446 feet of the Northeast 1/4 of the Southwest 1/4 of said Section 24.
Containing 74 .::!:: acres more or less.
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....." Diane M. Matousek
Volusia County, Clerk of Court
EXHIBIT "C"
TREES
BOTANICAL NAME
COMMON NAME
Elm Ulmus spp.
Hickory Carya spp.
Loblolly Bay Gordonia lasianthus
Magnolia Magnolia grandiflora
Red Maple Acer rubrum
Other Oak Species Quercus spp.
Red Bay Persea borbonia
Red Cedar Juniperus silicicola
Swamp Bay Persea palustris
Sweet Bay Magnolia virginiana
Sweet Gum Liquidambar styraciflua
Sycamore Platanus occidentalis
Turkey Oak Quercus laevis
Worthington Creek
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