2005-O-50;.� 02/0BJ2006 02:02 PM
t /'1 (JIrstnmentl 2006-033378 0 1
�•i Book: 5763
Page: 2527
1 ORDINANCE NO.2005-0-50
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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 NORTH OF
CLINTON CEMETERY ROAD, EDGEWATER, FLORIDA;
AUTHORIZING THE MAYORTO EXECUTE THE PLANNED
UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR
THE JULINGTON OAKS 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:
1. Glenn D. Storch, P.A., (agent) on behalf of John Michael and Patricia B. Hickey
o (owners) and Julington Oaks Investment, Inc., the owner/applicant for property located West of U.
S. Highway No. 1 and North of Clinton Cemetery Road, Edgewater, Florida. Subject property
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contains approximately 29.20 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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Instrument# 2006-033378 # 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 ofthe 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 EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
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2005-0-50
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Instrumentit 2006.03:3378 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 Julington Oaks 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 Annexed pursuant to Ordinance #2004-0-42:
A parcel of land being a portion of US Government Lots 1 and 2 and a part of the
Northwest 1/4 of Section 24, Township 18 South, Range 34 East, Volusia County,
Florida and being more particularly described as follows:
Commence at the northwest comer of said Section 24, thence S 00034'36" E, along
the west line of the Northwest 1/4 of said Section 24, a distance of 1400.00 feet;
thence N 86018'56" E, a distance of2556.75 feet to the Point of Beginning of this
description to wit; thence continue N 86018'56", a distance of 1852.35 feet to a point
on the monumented and occupied westerly right-of-way line of U.S. Highway No.
1 (a 158.00 foot wide right-of-way) as described in O.R. Book 4708, Page 4301 of
the Public Records of V olusia County, Florida; thence S 22055'51" E, along said
westerly right-of-way line, a distance of 210.25 feet; thence S 87052'59" W, a
distance of 318.24 feet; thence S 22055'51" E, a distance of 688.36 feet to a point on
the centerline of a 60.00 foot wide easement as described in O.R. Book 2067, Page
1758 of the Public Records of Vol usia County, Florida (known as Clinton Cemetery
Road); thence S 87053'15" W, along said centerline, a distance of 189.25 feet to a
point on the easterly line oflands as described in O.R. Book 5489, Page 3080; thence
N 22055'51" W, along said east line, a distance of31 0.00 feet to the northeast comer
of said lands; thence S 87053'15" W, along the north line of said lands as described
in O.R. Book 5489, Page 3080, a distance of 221.88 feet; thence S 22038' 21" E, a
distance of 19.51 feet; thence S 67004'09" W, a distance of 120.00 feet; thence S
22038'21" E, a distance of 244.36 feet to a point on the aforesaid centerline of a 60
foot wide easement; thence S 87053'15" W, along said centerline, a distance of
481.75 feet; thence S 67043'02" W, along said centerline, a distance of 501.80 feet;
thence departing said centerline N 22035'17" W, a distance of 1027.10 feet to the
point-of-beginning.
Being subject to a 60.00 foot wide easement for road and utility purposes as
described in O.R. Book 2067, Page 1758; and FP&L easement as recorded in O.R.
Book4102, Page 1578; and a 17.0 footF.D.O.T. easement as recorded in Deed Book
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2005-0-50
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Instrumentit 2006-033378 it 4
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285, Page 125-126 and O.R. Book 128, Page 278; all as recorded in the Public
Records of Vol usia County, Florida, and any other easements and/or rights-of-ways
of record.
Containing 29.20 i: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PARTB.
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
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.
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PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTG.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, 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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Instrlwentil 2006-033378 i 6
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After Motion by C01mc 11woman Li bter and SecondbyCouncilwoman Rhodes ,
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas x
Councilwoman Debra J. Rogers x
Councilman Dennis Vincenzi x
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
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 forth and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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2005-0-50
CITY COUNCIL OF THE
CITY OF EDGEWAT R, FJAWDA
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Mike T omas
Mayor
ca2L�l ..
Robin L. Matusick
Legal Assistant/Paralegal
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# 2006-033378 # 8
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TillS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARDNER, LLP
111 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 EDGEWATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
JULINGTON OAKS SUBDIVISION
TillS AGREEMENT is made and entered into thi~y of -"{llrr<XU <:S ,2006
by and between, the CITY OF EDGEW A TER, 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 JULINGTON OAKS INVESTMENT, L.L.C., 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 29.20:t acres located west of US-I,
north of Clinton Cemetery Road, within Edgewater, V olusia County, Florida. The legal
description of the property is attached hereto as Exhibit" A" - Legal Description. The Record
owner of the subject property is JOHN M. HICKEY and PATRICIA B. HICKEY, whose
(Agreement/Zoning - Julington Oaks)
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address is 175 Clinton Cemetery Road, Edgewater, Florida 32141 (hereinafter referred to as
"Hickey"), 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 of Julington Oaks, 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 Edgewater's current Land Development Code.
The Developer further agrees that all development will be consistent with the Julington Oaks
Master Plan dated October 2005 (Exhibit "B"). Julington Oaks 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:
(Agreement/Zoning - Julington Oaks)
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A. Average Lot Size/Unit Count
Julington Oaks shall not exceed a total of 90 dwelling units. Based on the Preliminary
Plat approval, the total number of units may vary but the maximum residential units allowed for
the Julington Oaks Subdivision shall not exceed 3.1 dwelling units per gross acreage or a
maximum of 90 units.
No lot will exceed a maximum building coverage of fifty percent (50%) with a maximum
impervious coverage of sixty-five percent (65%).
Lot Dimensions:
Density per PUD (90 units):
60' x 120'
90 units - maximum
B. Minimum Single Family House Square Footage
The minimum house square footage for a maximum of 90 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:
60' Lots
Front - 25'
Rear-20'
Side -7.5'
Side Comer - 15'
Maximum Height - 35'
Utility Easements - 10' front,S' sides
(Agreement/Zoning - Julington Oaks)
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Wetlands - 25'
Swimming Pools - Rear - 7.5' to pool deck edge and enclosures
Side - 7.5' (non-corner lots) to pool deck edge and enclosures
IS' (side-corner lots) to pool deck edge and enclosures
D. Roads
There shall be one (1) access road entrance permitted from US-1 to service the gated
subdivision with a minimum right-of-way width of fifty feet (50').
A south bound right turn lane and a northbound left turn lane shall be required for access
from US-1 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.
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
2.54, 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.
Flood Plain Encroachment and Compensatory Storage Criteria.
(Agreement/Zoning - Julington Oaks)
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Dermitions
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- Y ear Flood Elevation - The flood elevation that has a one percent (1 %)
chance of being equaled or exceeded each year.
The on-site 1 DO-year flood elevation shall be established to the satisfaction of the City
Engineer.
Establishing the 1 DO-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.
(Agreement/Zoning - Julington Oaks)
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Projects located near the coast should evaluate any flooding effects associated
with both stonn surge (FEMA Zones V and VE) and the freshwater flood (FEMA
Zones A, AE, AH and AO).
In the case of conflicting infonnation, 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 lOO-year flood elevation
detennined by overlaying a FEMA Zone A delineation with any topographic
contour infonnation.
Construction plans and drainage basin maps shall be annotated to clearly and accurately
delineate the flood plain encompassed by the applicable on-site lOO-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 lOO-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 detennined using the NGVD29 datum, or for that matter any other vertical datum, a
(Agreement/Zoning - Julington Oaks)
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"datum shift" may be required to "adjust" the applicable on-site I DO-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,
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 I DO-year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all I DO-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 (1-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 I DO-year storm event, and is intended to prevent
cumulative water quality impacts.
Storage creation must occur below the existing I DO-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 I DO-year flood plain.
(Agreement/Zoning - Julington Oaks)
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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 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 or tract 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 12" 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.
(Agreement/Zoning - Julington Oaks)
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Statistical tree survey infonnation 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 unifonn in age, species and distribution, which do not contain
specimen or historic trees. Statistical surveys must be conducted in compliance with accepted
forestry practices.
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 August 2004 and/or any future environmental reports as approved by federal and state
agenCIes.
1. Entrance to Subdivision
There shall be one (1) entrance connected to US-I. Emergency vehicle access will be
provided by the developer and approved by the City.
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 Vol usia
County at the time the final plat for Julington Oaks is recorded.
K. Easements
Easements for rear yard construction purposes shall be located between every other lot
and shall have a width of ten (10') feet, being five (5) feet on each side of the lot lines for the
(Agreement/Zoning - Julington Oaks)
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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 five (5) single-family
dwellings. Temporary construction/sales offices will not exceed a maximum of one per builder.
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 permitted upon compliance of
the following requirements/conditions:
(a) Building permits are approved and issued by the City Building
Department;
(Agreement/Zoning - Julington Oaks)
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(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 Julington Oaks is Low Density Residential with
Conservation Overlay. The zoning designation for Julington Oaks 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.
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 wastewater transmission and
collection system. All wastewater collection and transmission system improvements will be
(Agreement/Zoning - Julington Oaks)
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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.
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 (US-I) and the City to enable project approval based on transportation
requirements are the developer's responsibility and shall meet all City, County and/or State
requirements and approvals. As depicted on the Construction Plans.
G. Development/Impact fees for each dwelling unit will be paid in accordance with
the following schedule:
Water - 100% - Paid to City by applicant at the time the permit application is
signed by the City, thereby reserving requisite water capacity.
Sewer - 100% - The applicable impact fees due to the City for sewer shall be paid
by applicant at the time the permit application is signed by the City, thereby
reserving requisite water capacity.
(Agreement/Zoning - Julington Oaks)
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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 Julington
Oaks 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. Stormwater collection/treatment system.
4. Piping for future reclaimed service.
(Agreement/Zoning - Julington Oaks)
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Instrument# 2006-033378 # 21
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Page: 2547
..,.,
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 $10.00 per lineal foot for two (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
(Agreement/Zoning - Julington Oaks)
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Page: 2548
...."
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 two (2) passive neighborhood parks pursuant to the
Master Plan (Exhibit "B"). There shall be a minimum of twenty-one percent (21 %) 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 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 Edgewater, 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.
Julington Oaks has designated 6.23 acres (plus or minus) or twenty one an thirty five/one
hundredths percent (21.35%) 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
(Agreement/Zoning - Julington Oaks)
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Instrument# 2006-033378 # 23
Book: 5763
....." Page: 2549
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 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 Edgewater - Rezoning, Subdivision Plat approval, Subdivision
Construction Plan approval, all applicable clearing, removal, construction and
building permits.
3. This site may require a V olusia County Environmental Permit.
4. 100 year flood elevation for this site is to be determined by engineer, minimum
finished floor elevation shall be twelve inches (12") above the IOO-year flood
elevation.
9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or 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
(Agreement/Zoning - Julington Oaks)
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Page: 2550
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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 engineering review, survey review, legal review and
advertising 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 Julington Oaks 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 determined to be necessary by the City for the public health, safety, or welfare of
its citizens.
(Agreement/Zoning - Julington Oaks)
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Instrument# 2006-033378 # 25
Book: 5763
Page: 2551
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11. APPEAL
If the Developer IS aggrieved by any City official interpreting the terms of this
Agreement, the Developer shall file a written appeal to the City Manager. After receiving the
written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City
Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda.
The action of the City Council is the final authority concerning this Agreement, 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 of this Agreement and applicable
regulations of the City not inconsistent with, or contrary to this Agreement.
13. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the land subject to this Agreement or any portion thereof and shall run with the land
and shall be administered in a manner consistent with the laws of the State of Florida.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in V olusia County. The cost of recording shall be paid by the Developer.
(Agreement/Zoning - Julington Oaks)
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Instrument# 2006-033378 # 26
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Page: 2552
....",1
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good
faith compliance with the terms of this Agreement. If the City finds on the basis of competent
substantial evidence that there has been a 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 City at any
time concludes Developer is in default of a covenant or obligation of this Agreement, City shall
notifY Developer in writing of the claimed default, and Developer shall have the right to cure the
default within thirty (30) days after receipt of City's notice. Developer shall not be deemed in
default hereof, and City shall invoke no remedies, if 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 Developer shall not be deemed
in default hereof, and City shall invoke no remedies, if Developer commences in good faith to
cure the default within thirty (30) days after receipt of 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.
(Agreement/Zoning - Julington Oaks)
19
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Instrument# 2006-033378 # 27
Book: 5763
Page: 2553
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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 writing by formal amendment. Substantial changes, as determined by the City Manager,
will require City Council approval.
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, 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
(Agreement/Zoning - Julington Oaks)
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Instrument# 2006-033378 # 28
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Page: 2554
....,
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 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,jntq'th~.date and year first written above.
." . f" I I
ATTEST:
::'c; .
;
(Agreement/Zoning - Julington Oaks)
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Instrument# 2005-033378 # 29
Book: 5763
Page: 2555
~
Witnessed by:
JULINGTON OAKS INVESTMENT,
L.L.C. a Florida Limited Liability
Company by Julington Oaks Investments
Inc,Manager
STATEOFFL RIDA
COUNTY OF VOl:19flL'\t:iJ~
The foregoing instrument was acknowledged before my on this ~ay of
2006, by CECILE EVANS RIDER, who has authori~ execute this
of JULINGTON OAKS INVESTMENT, INC., and who pg. is per~lly
ouced as identification and who 0 did 1" did
....~,:tftru"',' Marsha Isham
tf' ~\ MY COMMISSION # 00247393 EXPIRES
~~ g November 30, 2007
'4' o. . .-' BONDED THRU TROY FAIN INSURANCE, INe.
'ff'Hll'
(Agreement/Zoning - Julington Oaks)
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Instrument# 2006-033378 # 30
Book: 5763
Page: 2556
PaklL ~W
Patricia Hickey
( ,w!cL
(J rp~! ~~I
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this a (p day of
~ll~ 2006, by JOHN HICKEY and PAT~ICIA HICKEY and who 0 is
ersonally kriown or ~has produced t=LDe..tDf J\[\ ~ as identification and who 0
did 0 did not take an oath.
~~Luo W
Notary Public, State of~a
My Commission Expires:
..,~~~~__ Bonnie Wenzel
i'!~'~ Commission # 00341714
;~, : Expires September 13, 2008
--'/1;" "on<ftdTIOYFlln. IIIIU/lnct.lno, IlQOoNOo1011
, tI"
(Agreement/Zoning - Julington Oaks)
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Instrument# 2006-033378 # 31
Book: 5763
Page: 2557
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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.
A parcel ofland being a portion of U. S. Government Lots 1 and 2 and a part of the Northwest
1/4 of Section 24, Township 18 South, Range 34 East, Volusia County, Florida and being more
particularly described as follows:
Commence at the northwest comer of said Section 24, thence S 000E34'36" E, along the west
line of the Northwest 1/4 of said Section 24, a distance of 1400.00 feet; thence N 86018'56" E, a
distance of 2556.75 feet to the Point-of-Beginning of this description to wit; thence continue N
860E18'56" E, a distance of 1852.35 feet to a point on the monumented and occupied westerly
right-of-way line of U.S. Highway No.1 (a 158.00 foot wide right-of-way) as described in O.R.
Book 4708, Page 4301 of the Public Records of Vol usia County, Florida; thence S 220E55'51" E,
along said westerly right-of-way line, a distance of 210.25 feet; thence S 870E52'59" W, a
distance of 318.24 feet; thence S 220E55'52" E, a distance of 688.36 feet to a point on the
centerline of a 60.00 foot wide easement as described in O.R. Book 2067, Page 1758 of the
Public Records of V olusia County, Florida (known as Clinton Cemetery Road); thence S
870E53'15" W, along said centerline, a distance of 189.25 feet to a point on the easterly line of
lands as described in O.R. Book 5489, Page 3080; thence N 220E55'51" W, along said east line,
a distance of 310.00 feet to the northeast comer of said lands; thence S 870E53'15" W, along the
north line of said lands as described in O.R. Book 5489, Page 3080, a distance of 221.88 feet;
thence S 220E38'21" E, a distance of 19.51 feet; thence S 670E04'09" W, a distance of 120.00
feet; thence S 220E38'21" E, a distance of 244.36 feet to a point on the aforesaid centerline of a
60 foot wide easement; thence S 870E53'15" W, along said centerline, a distance of 481.75 feet;
thence S 670E43'02" W, along said centerline, a distance of 501.80 feet; thence departing said
centerline N 220E35'17" W, a distance of 1027.10 feet to the point-of-beginning.
Containing 29.20 acres more or less.
Being subject to a 60.00 foot wide easement for road and utility purposes as described in O.R.
Book 2067, Page 1758; and FP&L easement as recorded in O.R. Book 4102, Page 1578; and a
17.0 foot F.D.O.T. easement as recorded in Deed Book 285, Page 125-126 and O.R. Book 128,
Page 278; all as recorded in the Public Records of Volusia County, Florida, and any other
easements and/or rights-of-ways of record.
(Agreement/Zoning - Julington Oaks)
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Instnrcenti 2006-033378 C 32
Book: 5763
Page: 2558
EXHIBIT "B" - MASTER PLAN
(Agreem"t/Zoning—Julington Oaks) 25
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Instrument# 2006-033378 # 33
Book: 5763
Page: 2559
~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
(Agreement/Zoning - Julington Oaks)
26