04-18-2005
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Voting Order
Mayor Schmidt
Councilman Brown
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
April 18, 2005
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES - None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
A Mayor proclaiming April 17-23, 2005, as Volunteer Week.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have.
Please state your name and address, and please limit your comments to five
minutes or less.
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A 1 st Reading, Ord. No. 2005-0-08, Targator Partners, LLC requesting an
amendment to the Official Future Land Use Map from Commercial to
High Density Residential for 2.67::!::. acres of property located on the
southeast corner of Falcon Avenue.
B. 1st Reading, Ord. No. 2005-0-09, Targator Partners, LLC requesting an
amendment to the Official Zoning Map from B-3 (Highway Commercial)
to RPUD (Residential Planned Unit Development) for 2.67::!:: acres of
property located on the southeast corner of Falcon Avenue.
C. 1 st Reading, Ord. No. 2005-0-10, Scott R. Tobin, agent for Mid Florida
Investments, LLC, requesting annexation of 30.0 I::!::. acres of property
located east of US 1 and north of Jones Fish Camp Road.
D. 1st Reading, Ord. No. 2005-0-11, Rodney Jones, agent for AS.D.
Properties Management, LLC, requesting annexation of 100.66::!::. acres of
property located east of Old Mission Road and north of Mission Oaks
Condominium.
E. Public Hearing, Joseph Alison requesting preliminary plat approval for a
IS-unit subdivision located on 5.78::!::. acres of property located east ofFEC
Railroad, west of Palmetto Avenue, north of Knapp Avenue and south of
10th Street, to be know as Nocatee.
F. Public Hearing, staff recommending approval and recordation of Quit-
Claim Deeds from Florida Shores of Vol usia County, Inc., Magnuson
Properties and Magnuson Corporation to the City of Edgewater for the six
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City Council Agenda
April 18, 2005
Page -2-
6. Public Hearings, Ordinances and Resolutions Cont.
G. Res. No. 2005-R-07, Judson 1. Woods, PA, agent for Larry and Nancy
Carson, requesting an abandonment/vacation of a six foot (6') planting
buffer along the property located at 2751 Alamanda Drive.
7. BOARD APPOINTMENTS - None at this time.
8. CONSENT AGENDA - None at this time.
9. OTHER BUSINESS
A. Code Enforcement Fines - Mark Hall P.A., agent for J.e. and Rosemary
Carter, requesting a fine reduction from Code Enforcement Case #2004-
CE-2021A totaling $4,753.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is
before
Council. Please state your name and address, and please limit your comments to five
minutes or less.
2) All items for inclusion on the May 2, 2005, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, April 25, 2005.
Pursuant to Chapter 286, F.s., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to
ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida,
telephone number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the
relay operator at 1-800-955-8771.
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AGENDA REQUEST
Date: April 8, 2005
PUBLIC
HEARING
ORDINANCE April 18, 2005
RESOLUTION
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BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2005-0-08
Targator Partners, LLC requesting an amendment
to the Official Future Land Use Map from
Commercial to High Density Residential for
property located on the southeast corner of Falcon
A venue.
OWNER: Targator Partners, LLC
APPLICANT: Targator Partners, LLC
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include
property as High Density Residential.
LOCATION: Falcon Avenue, west of Riverside Bank
AREA: 2.67:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Commercial
ZONING DISTRICT: B-3 (Highway Commercial)
PROPOSED USE OF PROPERTY: Townhomes
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
North Shopping Plaza Commercial B-3 (Highway Commercial)
East Financial Institution Commercial B-3 (Highway Commercial)
V olusia County - B-9
South Vacant V olusia County - Urban (General Office) & R-4
Medium Intensity (Urban Single Family
Residential)
Single-Family Commercial B-3 (Highway Commercial)
West Residential
CPA-0501 - Targator
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Background: This parcel is located west of Riverside National Bank and east of the Pelican Cove West
Subdivision. The applicant is proposing to construct 22-townhouses. Proposed is four (4) buildings, three (3) I ""\
of which will have six (6) units each, the fourth building will consist of four (4) units. The applicant is V
proposing a recreation area with a pool and a covered seating area.
A PUD Agreement shall accompany the future rezoning of this site and shall address any physical
constraints of this property.
The Planning and Zoning Board hear this request at the April 13, 2005 meeting.
Land Use Compatibility: The area surrounding this property consists of a mix of commercial and residential
uses. The proposed townhouses are an adequate buffer between the single-family homes and the commercial
to the east.
Adequate Public Facilities: This site has access to U.S. Highway 1, via Falcon Avenue. City water and
sewer is available to the site. The previous property owner installed water and sewer lines on-site.
Natural Environment: There are no known environmental issues associated with this property.
Consistency with Comprehensive Plan:
Based on information contained the in the City of Edge water Comprehensive Plan, this development would be
consistent with the Goals, Policies, and Procedures within the Plan.
Policy 1.5.5 of the City of Edgewater Comprehensive Plan Future Land Use Element states: Higher density
residential development shall be designated for areas adjacent to more intensive land uses such as
Commercial and Light Industrial. Where feasible, visual buffering shall be utilized to reduce any negative 0
effects on the residents of such development.
The Future Land Use Element also states "Between 2000 and the year 201 0, it is estimated that roughly 3,327
new housing units will be needed within the City of Edge water. This projection includes both permanent and
seasonal dwelling units. The demand for specific housing types was based on Shimberg Center for Affordable
Housing projections.
City of Edgewater - Commercial - The commercial land use category consists of a variety of retail and
office uses; such as, medical facilities, shopping centers, restaurants, automobile service facilities and
similar uses. Typical neighborhood and highway service areas are allowed to build up to a maximum floor
area ratio (FAR) of 0.30. Tourist commercial areas can build up to a maximum 0.50 FAR.
The majority of commercial development within the City of Edge water is located along US I in a strip pattern.
The area contains restaurants, convenience goods stores and neighborhood centers. Another corridor of
commercial development which has emerged is adjacent to the FEC Railroad within the Florida Shores
Subdivision.
In 2000, there were 210 acres of commercially developed lands in the City. These developed lands represent
only three percent of the total acreage in Edgewater and 3.7% percent of all developed lands.
City of Edgewater - High Density Residential - (8.1 to 12 units per gross acre) This residential category
typically includes townhouses and multi-family housing at densities between eight (8) and twelve (12) units
per acre.
Other Matters: This amendment will be transmitted to the Florida Department of Community Affairs,
V olusia Growth Management, East Central Florida Regional Planning Council, and all other required
agencies for review.
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CPA-0501 - Targator
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STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-08, amending the Comprehensive Plan Future Land Use
Map to include 2.67 acres of land located at the southeast comer ofFa1con A venue from Commercial to High
Density Residential.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-08
PREVIOUS AGENDA ITEM:
YES
NO
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DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
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in atusick
Paralegal
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nneth R. Hooper I
City Manager
Darren Lear
Chief Planner
CPA-0501 - Targator
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ORDINANCE NO. 2005-0-08
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM
COMMERCIAL TO HIGH DENSITY RESIDENTIAL FOR
PROPERTY LOCATED ON THE SOUTHEAST CORNER
OF F ALCON AVENUE, EDGEW A TER, FLORIDA;
PROVIDING FOR FINDINGS OF CONSISTENCY;
AMENDING THE FUTURE LAND USE MAP; PROVIDING
FOR FILING WITH THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, THE REGIONAL
PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL
GOVERNMENT OR GOVERNMENTAL AGENCY THAT
HAS REQUESTED A COPY OF THE PLAN AMENDMENT;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY AND PROVIDING
AN EFFECTIVE DATE.
()
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
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1. Targator Partners, LLC are the owner/applicant for property located at the Southeast
comer of Falcon Avenue, Edgewater, Florida. Subject property contains approximately 2.67 acres
more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
applicants are requesting a Comprehensive Plan Amendment for the subject property. The requested
Amendment would change the Future Land Use Map designation from Commercial to High Density
Residential for the property described herein.
3. On March 9, 2005, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
2005-0-08
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7 to 0, recommended that the City Council approve the request.
4.
In a letter dated April 4, 2005, the Legal Department notified the owners by mail of
the property and all property owners who own real property directly affected by the proposed action
within 300 feet of the subject property regarding the pending Amendment.
5. On April 18, 2005, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on May 2, 2005, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Observer on Thursday, April 21 ,2005.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as High Density Residential for property described in the legal
description contained in Exhibit "A" and further located on the map as reflected in Exhibit "B"
(which are attached hereto and incorporated herein).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
2005-0-08
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Comprehensive Plan, specifically Policy 1.5.5 of the Future Land Use Element which states
that higher density residential development shall be designated for areas adjacent to more intensive
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land uses.
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner is hereby authorized and directed to amend the Future Land Use Map of
the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the
Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163 .3187( 1)( c )2, Florida Statutes (2002), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PART E.
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.
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PART F.
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
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2005-0-08
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PART H. ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on April 18, 2005 is as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
AYE
and Second by
NAY
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2005-0-08
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Underlined passages are added.
AYE
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PASSED AND DULY ADOPTED this 2nd day of May, 2005.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2005-0-08
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Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of May, 2005 under Agenda Item No. 6_.
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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 portion of Lots 14 and 15, HIGHWAY SUBDIVISION, as shown on map recorded in Map Book
8, Page 222 of the Public Records of V olusia County, Florida, together with a portion of the
Northeast Quarter (1/4) of Section 2, Township 18 South, Range 34 East, Volus'ia County, Florida
being more particularly described as follows:
Begin at the Northeast comer of Lot 8, PELICAN COVE WEST PHASE 3, as shown on the map
recorded in Map Book 46, Page 171, of the Public Records of V olusia County, Florida; thence along
the Southerly right-of-way line of Falcon A venue, North 90 degrees 00 minutes and 00 seconds East
a distance of 140.00 feet; thence South 00 degrees 00 minutes 00 seconds West, a distance of80.00
feet; thence North 90 degrees 00 minutes and 00 seconds East, a distance of 100.00 feet; thence
South 00 degrees 00 minutes 00 seconds West, a distance of 158.95 feet; thence South 25 degrees
47 minutes 11 seconds East, a distance of 172.55 feet; thence South 64 degrees 12 minutes 49
seconds West, a distance of 335.41 feet to the most Easterly comer of Lot 1, PELICAN COVE
WEST, PHASE 3, aforesaid; thence along the Easterly line of said subdivision of the following
courses, North 25 degrees 47 minutes 03 seconds West, a distance of 30.00 feet; thence North 00
degrees 00 minute 00 seconds East, a distance of 513.21 feet to the POINT OF BEGINNING.
Containing 2.67 :i: acres more or less.
2005-0-08
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AGENDA REQUEST
Date: April 8. 2005
PUBLIC
HEARING
x
RESOLUTION ORDINANCE April 18. 2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 sl Reading - Ordinance No. 2005-0-09
Targator Partners, LLC requesting an amendment
to the Official Zoning Map from B-3 (Highway
Commercial) to RPUD (Residential Planned Unit
Development) for property located on the southeast
corner of Falcon Avenue.
OWNER: Targator Partners, LLC
APPLICANT: Targator Partners, LLC
REQUESTED ACTION: Amendment to the Official Zoning Map to change property from B-3
(Highway Commercial) to RPUD (Residential Planned Unit Development).
LOCATION: Falcon Avenue, west of Riverside Bank
AREA: 2.67::3::. acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Commercial
ZONING DISTRICT: B-3 (Highway Commercial)
PROPOSED USE OF PROPERTY: Townhouses
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
North Retail Commercial B-3 (Highway Commercial)
East Financial Institution Commercial B-3 (Highway Commercial)
V olusia County - B-9
South Vacant V olusia County - Urban (General Office) & R-4
Medium Intensity (Urban Single Family
Residential)
Single-Family Low Density Residential B-2 (Neighborhood Business)
West Residential
RZ-0501 - Targator
Background: This parcel is located west of Riverside National Bank and east of the Pelican Cove West
Subdivision. The applicant is proposing to construct 22-townhouses. Proposed is four (4) buildings, three (3)
of which will have six (6) units each, the fourth building will consist of four (4) units. The applicant is
proposing a recreation area with a pool and a covered seating area.
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The attached draft PUD Agreement contains specific information pertaining to the development of this
site.
The Planning and Zoning Board heard this request at the April 13, 2005 meeting.
Land Use Compatibility: The area surrounding this property consists of a mix of commercial and residential
uses. The proposed townhouses are an adequate buffer between the single-family homes and the commercial
to the east.
Adequate Public Facilities: This site has access to U.S. Highway 1, via Falcon Avenue. City water and
sewer is available to the site.
Natural Environment: There are no known environmental issues associated with this property.
Consistency with Comprehensive Plan:
Based on information contained the in the City of Edge water Comprehensive Plan, this development would be
consistent with the Goals, Policies, and Procedures within the Plan. Policy 1.5.5 of the Future Land Use
Element states: "Higher density residential development shall be designated for areas adjacent to more
intensive land uses such as Commercial and Light Industrial. Where feasible, visual buffering shall be utilized
to reduce any negative effects on the residents of such development."
The Board recommended approval to City Council at their regular meeting on March 9, 2005 to change the
Future Land Use of this property from Commercial to High Density Residential. 0
Other Matters: This amendment will be transmitted to the Florida Department of Community Affairs,
V olusia Growth Management, East Central Florida Regional Planning Council, and all other required
agencies for review.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-09, amending the Official Zoning Map to include 2.67
acres of land located at the southeast comer of Falcon A venue from B-3 (Highway Commercial) to RPUD
(Residential Planned Unit Development).
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-09
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
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RZ-050 1 - Targator
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ORDINANCE NO. 2005-0-09
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM B-3 (HIGHWAY COMMERCIAL)
TO RPUD (RESIDENTIAL PLANNED UNIT
DEVELOPMENT) FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF FALCON A VENUE,
EDGEW ATER, FLORIDA; AUTHORIZING THE MAYOR TO
EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD)
ZONING AGREEMENT FOR THE RIVERSIDE VILLAS
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. Targator Partners, LLC are the owner/applicant for property located at the Southeast
corner of Falcon Avenue, Edgewater, Florida. Subject property contains approximately 2.67 acres
more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from B-3 (Highway Commercial) to RPUD (Residential Planned Unit Development)
for the property described herein.
3. On April 13, 2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of _ - _, the
Board recommended that City Council consider approval of the request.
4. On April 18, 2005, the City Council considered on first reading/public hearing the
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Underlined passages are added.
2005-0-09
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proposed change in the zoning classification after publication of such hearing in the Observer on
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April 7, 2005.
5. On May 2, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on April 21, 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.
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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 ofthe 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 B-3
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2005-0-09
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(Highway Commercial) to RPUD (Residential Planned Unit Development) pursuant to the associated
Planned Unit Development (PUD) Agreement for Riverside Villas Subdivision (attached hereto and
incorporated as Exhibit "B").
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 ATER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edge water, 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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2005-0-09
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PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by
and Second by
, the
vote on the first reading of this ordinance held on April 18, 2005, was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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Underlined passages are added.
2005-0-09
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PASSED AND DULY ADOPTED this 2nd day of May, 2005.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
StlnGk tIuongh passages are deleted.
Underlined passages are added.
2005-0-09
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of May, 2005 under Agenda Item No. 6_.
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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 portion of Lots 14 and 15, HIGHWAY SUBDIVISION, as shown on map recorded in Map Book
8, Page 222 of the Public Records of Volusia County, Florida, together with a portion of the
Northeast Quarter (1/4) of Section 2, Township 18 South, Range 34 East, V olusia County, Florida
being more particularly described as follows:
Begin at the Northeast comer of Lot 8, PELICAN COVE WEST PHASE 3, as shown on the map
recorded in Map Book 46, Page 171, of the Public Records of V olusia County, Florida; thence along
the Southerly right-of-way line of Falcon Avenue, North 90 degrees 00 minutes and 00 seconds East
a distance of 140.00 feet; thence South 00 degrees 00 minutes 00 seconds West, a distance of80.00
feet; thence North 909 degrees 00 minutes and 00 seconds East, a distance of 100.00 feet; thence
South 00 degrees 00 minutes 00 seconds West, a distance of 158.95 feet; thence South 25 degrees
47 minutes 11 seconds East, a distance of 172.55 feet; thence South 64 degrees 12 minutes 49
seconds West, a distance of 335.41 feet to the most Easterly comer of Lot 1, PELICAN COVE
WEST, PHASE 3, aforesaid; thence along the Easterly line of said subdivision of the following
courses, North 25 degrees 47 minutes 03 seconds West, a distance of30.00 feet; thence North 00
degrees 00 minute 00 seconds East, a distance of 513.21 feet to the POINT OF BEGINNING.
Containing 2.67 ! acres more or less.
Shtlck tluotlgh passages are deleted.
Underlined passages are added.
2005-0-09
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THIS INSTRUMENT PREPARED BY:
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW A TER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
P.U.D. ZONING AGREEMENT
RIVERSIDE VILLAS SUBDIVISION
THIS AGREEMENT is made and entered into this day of ,2005 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 T ARGA TOR PARTNERS, LLC, owner, with Thomas E. Howard as managing
member, whose address is P.O. Box 691, Edgewater FL 32132 (hereinafter referred to as
o "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 2.67 acres on the southwest comer of
Falcon Avenue in 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
Targator Partners LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Riverside Villas Subdivision, as defined by the Master Plan, dated
February 1, 2005 (Exhibit "B" included herein), within one (l) year the effective date of this
Agreement. Developer's failure to initiate construction
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(Agreement/Zoning - Riverside Villas Subdivision)
1
within the time frame 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 must be approved by City Council prior to commencement of any authorized work.
Final approval shall include, but not be limited to utilities, stormwater, traffic, streetlighting, fire
rescue, hydrants, law enforcement, pedestrian systems (sidewalks), environmental, solid waste
containment, and planning elements, including landscaping, signage and pavement markings.
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 Riverside Villas Subdivision Master
Plan dated February 1, 2005 (Exhibit "B"). Riverside Villas Subdivision 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:
A. Average Lot SizelUnit Count
Riverside Villas Subdivision shall not exceed a total of22 single-family attached dwelling
units (townhomes). The 22 single-family townhome lots are planned to be 30' x 100' or greater.
Based on the Final Subdivision Plan approval, the total number of units may vary but the maximum
residential units allowed for the Riverside Villas Subdivision shall not exceed 8.24 dwelling units
per total acreage or a total of 22 units/townhomes.
No lot will exceed a maximum building coverage of 60% with a maximum impervious
coverage of75 % per lot.
Minimum Lot Size:
Area - 3,000 square feet
Width - 30 feet
Depth - 100 feet
B. Minimum House Square Footage
The minimum gross house square footage shall be at least 1,920 square feet living area under
air. In addition, each house will have a minimum ofa two (2) car enclosed garage. No carports will
be allowed.
(Agreement/Zoning - Riverside Villas Subdivision)
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Minimum Yard Size and Setbacks:
30' X 100' lots
Front - 20'
Rear - 25'
Side - 0
Sides; between buildings A, B, C, & D; from property lines and all other structures -
IS'
Side Corner-IS'
Maximum Height - 26'
Utility Easements - 10' front,S' sides (Lots 1, 6, 7, 10, 11, 16, 17,& 22 only)
Swimming Pools - Not Permitted
D. Roads
All roadways within the development shall have a minimum right-of-way width of at least
twenty-four (24) feet. Due to the subdivision being a private community, all interior roads shall be
maintained by the HOA with public utilities and easements.
E. Retention Pond
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 L-J aJ1'S
and will be owned and maintained by the HOA. Developer is required to provide an outfall to a
publically owned or controlled drainage system and obtain a drainage easement if necessary.
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 located to the HOA, and shall be designated in the area
indicated on the attached Exhibit "C", Sketch of Signage Area, attached hereto and incorporated
herein by reference. SIgnage to be a monument sign with a maximum copy area of 18-square feet
and maximum six-inch (6") high letter, internally lighted.
G. Trees
There shall be a minimum of four (4) trees per each single-family home building lot. Trees
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(Agreement/Zoning - Riverside Villas Subdivision)
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shall be 2 1/2" in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit
"D" - 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 a 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 a the discretion of the Planning
Director. However, such statistical surveys shall be limited to sites contained 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.
The development of this subdivision shall comply with al City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
H. Irrigation
Common areas and areas dedicated to the HOA will be irrigated by wells or from a surface
water system upon proper permitting and approval. Shallow wells will be the recommended source
of irrigation for individual residential units. All irrigation must comply with all V olusia County
Waterwise Landscaping and Irrigation Standards.
I. Environmental Constraints
J. Air Conditioning Units
All lots less than _ feet ( ') in width shall have air conditioning units and pads
located adjacent to the neighboring garage or located behind each dwelling unit.
K. Entrance to Subdivision
Entrance into the subdivision shall consist of a twenty-four foot (24') wide paved right-of-
way with two (2) feet concrete curb on both sides of the right-of-way.
L. Declaration of Covenants, Conditions and Restrictions
Riverside Villas will develop and submit condominium and property owners association
documents in accordance with all City, County, State and Federal laws, regulations, and guidelines.
(Agreement/Zoning - Riverside Villas Subdivision)
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The Declaration of Covenants, Conditions and Restrictions; Articles ofIncorporation, 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 Riverside Villas Subdivision is recorded.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Riverside Villas Subdivision is High-Density
Residential. The zoning designation for Riverside Villas Subdivision shall be RPUD (Residential
Planned Unit Development) as defined in the City Land Development Code. The City of
Edgewater's permitted uses RPUD are applicable to the development of the property and consistent
with the adopted Comprehensive Plan/Future Land Use Map.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable water system at the nearest point of connection,
at Falcon A venue, with a minimum of eight-inch (8") PVC water main to the nearest entrance fo the
subdivision.. 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
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.
C. The City has determined that reclaimed water is unavailable and will not be available
in the foreseeable future. Therefore, the Developer shall provide irrigation by well and all irrigation
systems shall be approved by all applicable regulatory agencies.
D. Developer agrees to provide, at no cost to the City, all required utility easements (on
and off site) for drainage and utility service consistent with this provision.
E. All utility services will be underground.
F. Public roadway improvements and all associated right-of-ways shall be dedicated to
the City at the time of final plat approval.
G. Off-site improvements (including but not limited to intersection improvements, turn
(Agreement/Zoning - Riverside Villas Subdivision) 5
lanes, acceleration lanes, deceleration lanes, signalization), if any, are the developer's responsibility
and shall meet all City, County and/or State requirements and approval.
H. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - 100% of the applicable total impact fees due to the City for water shall be
paid by applicant at the time permit application for the subdivision improvements is
signed by the City, thereby reserving requisite water capacity.
Sewer - 100% of the applicable total impact fees due to the City for sewer shall be
paid by applicant at the time permit application is signed by the city, thereby
reserving requisite sewer capacity.
Police, Fire, Park & 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.
I. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
J. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
K. Developer agrees to reimburse the City of Edge water for direct costs associated with
the legal review, engineering review and construction inspection related to the Riverside Villas
Subdivision development approval and the construction of required infrastructure improvements and
the review and approval of the final plat.
L. The developer shall provide all public facilities to support this project including the
following:
1. Water Distribution System including fire hydrants.
(Agreement/Zoning - Riverside Villas Subdivision)
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2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system, including outfall system.
4. 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.
5. Developer is responsible for costs of recording the plat upon approval by the City of
Edgewater.
6. Bonds - A Performance Bond shall be 110% of the costs of all requirement
improvements. A Maintenance Bond equal to 10% of the cost of the infrastructure
improvements shall be provided to the City prior to recording of the Final Plat or
issuance of the first Certificate of Occupancy. The Maintenance Bond shall be in
effect for a two (2) year period.
8. Streetlights shall be maintained by the Homeowners Association and be installed by
the Developer at time of installation of the infrastructure or prior to the issuance of
the Certificate of Occupancy for each building..
M. Recreational Facilities
the Developer agrees to construct a recreational facility accessible to residents to
consist of a minimum 15' x 30', 450-square foot swimming pool, cabana, landscaping, irrigation,
lighting and parking.
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 and title insurance
free and clear of all liens and encumbrances, and all utility easements as required. All roadways
accesing public areas will be deeded to the City. Roadways serving the residential community only
will remain privately owned and maintained by the HOA. Law enforcement, fire protection and
other emergency services, trash and recycle collection will be provided by the City of Edgewater
throughout the Riverside Villas Subdivision. Riverside Villas Subdivision has designated .53 acres
(Agreement/Zoning - Riverside Villas Subdivision)
7
as open space, to be maintained by the HOA.
8. PERMITS REOUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health and Rehabilitative Services, St. Johns River Water
Management District, Army Corps of Engineers, and Florida Fish and Wildlife
Conservation Commission.
2. City of Edgewater - Rezoning, Subdivision Plat and or Site Plan 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 16.0 feet minimum finished floor elevation
shall be 17.0 feet above the 100 year flood elevation.
9. DEVELOPMENT REOUIREMENTS
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.
Development standards shall be those ofthe City except as designated in this Agreement and
in the Master Plan.
Developer shall establish a mandatory Homeowner's ICondominium Association (HOA) for
the purpose of maintaining the property and enforcing applicable covenants and restrictions. The
mandatory HOA will be responsible for the streetlight requirements and pedestrian circulation
system requirements that result from the project including payment to Florida Power and Light for
installation, maintenance and power consumption and the maintenance of the storm water areas
within the Riverside Villas Subdivision, common area tracts as depicted on the plat, pedestrian
(Agreement/Zoning - Riverside Villas Subdivision)
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systems, and any private streets within the 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 and/or Site Plan 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.
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 of this Agreement and applicable regulations ofthe
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 Volusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good faith
compliance with the terms of this Agreement. Ifthe City finds on the basis on competent substantial
(Agreement/Zoning - Riverside Villas Subdivision)
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evidence that there has been a failure to comply with the terms of this Agreement, subject to the
Developers' right to cure provided below, the Agreement may be revoked or modified by the City. 0
Notwithstanding any other provisions 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 bot 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.
18. AGREEMENT/AMENDMENT
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This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties only
in writing by formal amendment.
19. FURTHER DOCUMENTATION
The parties agree that at 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 th Florida
(Agreement/Zoning - Riverside Villas Subdivision)
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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. COUNTERP ARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
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
into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantlParalegal
(Agreement/Zoning - Riverside Villas Subdivision)
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Witnessed by:
Thomas Howard
Targator Partners, LLC
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this day of _
2005 by Thomas Howard, who has authority to execute this document on behalf of
TARGATOR PARTNERS LLC, and who is personally known to me or has produced
as identification and who did (did not) take an oath.
Notary Public
State of Florida
Stamp/Seal:
(Agreement/Zoning - Riverside Villas Subdivision)
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EXHIBIT" A"
LEGAL DESCRIPTION
A portion of Lots 14 and 15, Highway Subdivision, as shown on map recorded in Map Book 8, page
222 of the Public Records of Volusia County, Florida, together with a portion of the Northeast
quarter (1/4) of section 2, Township 18 South, Range 34 East, V olusia County, Florida being more
particularly described as follows:
BEGIN at the Northeast comer of Lot 8, Pelican Cove West Phase 3, as shown on the map recorded
in Map Book 46, page 171 of the Public Records of Volusia County, Florida; thence along the
Southerly right-of-way line of Falcon Avenue, North 90 degrees 00 minutes and 00 seconds East,
a distance of 140.00 feet; thence South 00 degrees 00 minutes 00 seconds west a distance of 80.00
feet; thence North 90 degrees 00 minutes and 00 seconds East, a distance of 100.00 feet; thence
South 00 degrees 00 minutes 00 seconds west, a distance of 158.95 feet; thence south 25 degrees
47 minutes 11 seconds east, a distance of 172.55 feet; thence south 64 degrees 12 minutes 49
seconds west a distance of33 5.41 feet to the most easterly comer of Lot 1, PELICAN COVE WEST
PHASE 3 aforesaid; thence along the Easterly line of said subdivision the following courses; north
25 degrees 47 minutes 03 seconds west, a distance oDO.OO feet; thence north 00 degrees 00 minutes
and 00 seconds east, a distance of 513.21 feet to the POINT OF BEGINNING.
Q Containing 2.67 acres more or less.
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(Agreement/Zoning - Riverside Villas Subdivision)
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AGENDA REQUEST
Date: April 8. 2005
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PUBLIC
HEARING
x
RESOLUTION
ORDINANCE April 18. 2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2005-0-10
Scott R. Tobin, agent and applicant, requesting
annexation 000.01::1:: acres of land located east of US
Highway I and north of Jones Fish Camp Road.
OWNER: Mid Florida Investments LLC
APPLICANT/AGENT: Scott Tobin
REQUESTED ACTION: Annexation
PROPOSED USE: Multi-family residential condominiums
LOCA TlON: East of US Highway I and north of Jones Fish Camp Road
AREA: 30.01::1:: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County- Urban Medium Intensity and Industrial
o ZONING DISTRICT: Volusia County - R-6W, R-4W, and I-3W
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desij!;nation Zonin!! District
North Vacant Volusia County - Industrial Volusia County - I-3W (Waterfront
Industrial)
East VacantlIndian River Volusia County - Urban Medium V olusia County - RCW (Resource
Intensity & Water Corridor) & R-6W (Urban Two Family
Residential)
South Vacant/Residential Volusia County - Urban Medium Volusia County - R4W (Urban Single
Intensity Family Residential) & R-6W (Urban
Two Family Residential)
West Vacant Volusia County - Urban Medium Volusia County - R-4W (Urban Single-
Intensity Family Residential) & B-4W (General
Commercial)
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AN-0502 - Scott Tobin
Background
This property is located east of US Highway I and north of Jones Fish Camp Road. The applicant is proposing to
construct residential condominiums on the property. Attached is an Annexation Report, which pertains to this and
other properties within the South U.S. I Annexation area. A rezoning shall occur at a later date with specifics
regarding, but not limited to, number of units, building heights, setbacks, etc.
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The Planning and Zoning Board heard this request on April 13, 2005.
Land Use Compatibility
The majority of the surrounding area is vacant and residential. To the north is undeveloped industrial property. The
proposed condominiums are compatible with the medium and high density residential usage currently proposed for east
of US Highway I.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water via a 12-inch water main is available along U.S. 1 and that sufficient
water capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via a six-inch (6") force main.
Natural Environment
There are no known environmental issues with this site.
Comprehensive Plan Consistency
Annexation ofthis property is consistent with the Comprehensive Plan. Policy 1.8.3 states: ''New development proposed
within the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards
as a condition for the extension of public utilities."
Since the projected future demand for residential acreage is 3,854 acres and the Future Land Use Map only indicates 0
3,300 future developable acres, there may be a need for annexation or increased density to compensate the demand. The
typical reactions of the market to the demand for housing are anticipated to close the gap between the additional 554
acres that may be needed, considering the ample supply of vacant land currently surrounding the City.
Other Matters
A Comprehensive Plan Future Land Use Map and Official Zoning Map amendment will be heard at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-10, annexing 30.0 I:l:: acres located east of US Highway I and north
of Jones Fish Camp Road.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-10
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
b /./ Md fi(
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Paralegal
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AN-0502 - Scott Tobin
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ORDINANCE NO. 2005-0-10
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED EAST OF U. S. HIGHWAY #1 AND NORTH OF
JONES FISH CAMP ROAD, VOL USIA COUNTY, INTO THE
CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOL USIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; 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. Scott R. Tobin, agent and applicant for property owned by Mid Florida Investments,
o LLC and located east of U.S. Highway #1 and north of Jones Fish Camp road, within Volusia
County, Florida. Subject property contains approximately 30.01 i: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on April 13, 2005, the Board
Stlo.:;k t1uongl. passages are deleted.
Underlined passages are added.
o 2005-0-10
recommended by a vote of _ to _ that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: ()
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
I. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries ofthe City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.0 1 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly. ~
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
StI tick tlllctlgh passages are deleted.
Underlined passages are added.
2005-0-10
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
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 E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on April 18, 2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis V incenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StJn,k thlOngl. passages are deleted.
Underlined passages are added.
2005-0-10
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After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on May 2,2005, was as follows: <.)
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 2nd day of May, 2005.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
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Susan J. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
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
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of May, 2005 under Agenda Item No. 6_.
StI tick till otlgh passages are deleted.
Underlined passages are added.
2005-0-10
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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.
Lot 15, 16, 26, 27 and the Easterly 100' of Lot 25, RIVERFRONT ESTATES, Unit No.2, as
recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida.
The South 100' of Lot 6, RIVERFRONT ESTATES, as recorded in Map Book 19, Page 18 of the
Public Records of V olusia County, Florida. Together with any riparian rights appertaining thereto.
Lots 13 and 14, RIVERFRONT ESTATES, Unit No.2, a Subdivision according to map thereof
recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida. (Bearings
refer to RIVER PARK MOBILE HOME COLONY SECTION 2, Map Book 32, Page 107 and based
on the North line of Indian River Drive as N 68044'20" E).
Lots 28,31,32,35 and 36, RIVERFRONT ESTATES, Unit No.2, as Recorded in Map Book 19,
Page 31 ofthe Public Records of Vol usia County, Florida, and filled land lying East of said Lot 36,
together with, any and all accretions, riparian and littoral rights appertaining thereto.
EXCEPTING THEREFROM:
A parcel ofland in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES,
Unit No. 2, as recorded in Map Book 19, Page 31 ofthe Public Records of Vol usia County, Florida,
described as follows: Begin at the S.W. Corner of Lot 35, RIVERFRONT ESTATES, Unit No.2 as
recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida; thence along
the Westerly line of said Lot 35, on an assumed bearing run N 22044'32" W, 319.82 ft; thence N
69016'01" E, 633.63 ft, to a Point on the existing shoreline of the Indian River North; thence along
the meanders of said shoreline the following courses and distances, S 11051'56" E, 50.58 ft; thence
S 04022'24" E, 62.38 ft; thence S 35002'40" W, 52.93 ft; thence S 02035'13" W, 88.75 ft; thence S
56049'20" E, 35.84 ft; thence S 16014'06" E, 50.88 ft; thence S 20024'24" E, 23.6 ft; to a Point on
the South line of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot
35, S 69046'32" W, 535.15 ft to the Point of Beginning. Together with any and all accretions,
riparian and littoral rights appertaining thereto.
Containing 30.01 :!: acres more or less.
Stl nck tllIongh passages are deleted.
Underlined passages are added.
2005-0-10
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South US 1 Annexation Reoort
This annexation report is prepared for the City of Edgewater in accordance with the
requirements of Chapter 171 Florida Statutes relating to voluntary annexations.
Property Location
The subject property is comprised of several parcels of varying sizes, all of which are
currently located in unincorporated Volusia County. Approximately half of the total
subject property lies west of US 1, south of the current City of Edgewater corporate
limits. In this report, this property is referred to as the "US 1 West" property. The US 1
West property is comprised of several individual parcels of land which combined, total
approximately 335 acres in size. (Note: All acreage references in this report are
approximate, subject to revision based on a survey).
The other half of the total subject property, also comprised of several individual parcels,
lies east of US 1, south of the current City of Edgewater corporate limits. In this report,
this property is referred to as the "US 1 East" property. The US 1 East property is
approximately 290 acres in size.
The total combined size of the US 1 West property and the US 1 East property is
approximately 625 acres. This 625 acre combined property (referred to collectively in
this report as the "Property") is the subject of a proposed voluntary annexation into the
corporate limits of the City of Edgewater.
The Property is bounded on the north by the City of Edgewater and unincorporated
V olusia County, on the east by the Indian River Lagoon, and on the south and west by
unincorporated V olusia County.
The property is shown graphically on the attached Exhibit I.
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EXISTING CONDITIONS
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Current Development Condition
The Property is currently largely undeveloped with the exception of one large
commercial facility and a few small commercial establishments along US 1, and a
scattering of single family homes on various side roads off US 1.
Current Future Land Use Designation
The Property is currently located in unincorporated V olusia County within V olusia
County's proposed City of Edge water Urban Growth Boundary.
The current V olusia County Future Land Use designation of the Property is a mixture of
Urban Low Intensity, Urban Medium Intensity, Industrial and Commercial.
The predominant Future Land Use designation on the US 1 West Property is Urban Low
Intensity. Smaller areas of the US 1 West property carry Industrial and Commercial
Future Land Use designations.
The predominant Future Land Use designation on the US 1 East Property is Urban
Medium Intensity. Smaller areas of the US 1 East property carry Industrial and
Commercial Future Land Use designations.
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PROPOSED CONDITIONS
Proposed Future Land Use
After annexation, the Property will be subject to City of Edgewater large scale and small
scale Comprehensive Plan amendments in order to change the Future Land Use
designation. The Future Land Use of the Property will be changed to a combination of
residential, commercial, mixed-use and conservation land use designations.
The specific Future Land Use designations to be applied, and the areas to which they will
be applied. will be determined by the City of Edgewater and the resulting Comprehensive
Plan amendment will be subject to approval by the Florida Department of Community
Affairs. Upon approval of the Comprehensive Plan amendment, applications by the
owner(s) for rezoning of all or parts of the Property, consistent with the then-current City
of Edgewater Future Land Use designations, could be submitted to the City for review.
Anticipated Development Potential
The anticipated development potential of the Property includes a mixture of retail, office
and general commercial development as well as low and mediwTI density residential
development.
Of the approximately 625 acre total area, it is estimated that around 350 acres will be
developed as low and medium density residential. Based on City of Edgewater
development standards, the anticipated development density of this area would be
approximately 3,000 residential units.
The remaining 275 acres is projected to be developed as a combination of retail, office
and general commercial uses. This area would also be subject to City of Edgewater
development standards, and it is estimated that approximately 350,000 square feet of
commercial space could be built,. depending on the specific zoning classifications
assigned.
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SERVICE AVAILABILITY
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Utility Service Availability
Potable Water Supply
The City of Edgewater will provide potable water service to the Property. The
City's Alan R. Thomas water plant is located approximately 8 miles northwest of
the Property. This water plant supplies water to the City of Edgewater and to
residential and commercial developments in parts of surrounding V olusia County.
The Thomas water plant currently produces approximately 2.1 mgd of potable
water, and the plant's operating permit allows for the production of up to 5.0 mgd.
The City is presently working with the St Johns River Water Management District
to increase its water supply by the addition of new wells, and the City is also
planning for expansion of the water plant's treatment capacity as demand
increases.
The City has an existing 12" water main running south along the east side of US 1
to the Property. A second 12" water main is being constructed on the west side of
US 1 north of the Property concurrent with development. As development takes
place on the Property, the internal water system will be supplied by both of these 0
water mains.
Wastewater Treatment
Wastewater treatment service will be provided at the Volusia County wastewater
treatment plant located on Beacon Light Rd in Oak Hill.
The County's wastewater treatment plant is located approximately four miles
southwest of the Property. Under the terms of an existing interlocal agreement
between Volusia County and the City of Edgewater, this wastewater treatment
plant provides service to certain City of Edgewater customers as well as County
customers, and will provide wastewater treatment service for residential and
commercial development on the Property. The plant has sufficient capacity to
handle the wastewater flow from the Property and can be expanded as necessary
to accommodate additional future flows.
Any sanitary sewer collection system components required to service new
development on the Property will be built at the developer's expense, as will any
necessary sewage lift stations and force mains required to transport the sewage toithe county's wastewater treatment plant.
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Other Municipal Service Availability
Fire Protection
The City of Edgewater will provide fire protection service to the Property. The
City's main fire station is located approximately five miles north of the Property
on US Highway 1.
Police Protection
The City of Edgewater will provide police protection to the Property. The City's
police station is located approximately six miles north of the Property on East
Park Avenue. Regular police patrols will pass by and through the Property.
Solid Waste Collection
The City of Edgewater will provide solid waste collection service to the
residential portions of the Property. Solid waste collection from the commercial
areas will be handled by private solid waste collection companies.
Stormwater Management
The Property lies within the St. Johns River Water Management District and all
development activity on the Property will be subject to the District's .stormwater
management criteria as well as stormwater management requirements of the City
of Edgewater. Detailed soil surveys and wetland determinations will be required
during the preliminary plan preparation for any proposed development. Prior to
any construction, developers will be required to obtain permits from the City and
from the District for any activities related to storm water management or wetland
impacts.
Transportation System Availability
US 1 (State Road 5)
The primary transportation route to and from the Property is US 1 also known as
State Road 5, a four-lane divided arterial. US 1 is owned and maintained by the
Florida Department of Transportation. FDOT considers US I to be operating at
level of service A from the Brevard County line north to Voleo Road, and level of
service B from Voleo Road north to SR 442.
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Conclusion
As required by Chapter 171 Florida Statutes, the Property is contiguous to the existing
corporate limit of the City of Edgewater, is reasonably compact and the proposed
annexation would create no ". . . enclaves, pockets or finger areas in serpentine patterns."
The City of Edgewater has the ability to adequately provide water arid wastewater service
to the Property, and can adequately provide all other necessary municipal services to the
Property.
The Property meets the requirements of Chapter 171 Florida Statutes relating to voluntary
annexation into the corporate limit of the City of Edgewater.
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AGENDA REQUEST
Date: April 8, 2005
PUBLIC
HEARING
ORDINANCE April 18, 2005
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2005-0-11
Rodney Jones, agent and applicant for A.S.D.
Properties Management LLC., requesting annexation of
100.66:1: acres ofland located east of Old Mission Road
and north of Mission Oaks Condominium.
OWNER: A.S.D. Properties Management LLC.
APPLICANT/AGENT: A.S.D. Properties Management LLC.
REQUESTED ACTION: Annexation
PROPOSED USE: Manufactured/Mobile Home Park
LOCATION: East of Old Mission Road, north of Mission Oaks Condominium and south of Josephine Street.
AREA: 100.66:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia County - Low Impact Urban, Environmental Systems Corridor, and Urban Medium
Density
ZONING DISTRICT: V olusia County MH-5 (Urban Mobile Home), MH-I (Mobile Home Park), MH-7 (Mobile Home
Park) and RC (Resource Corridor)
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Land Use FLUM Desil!:nation Zonin!! District
North Vacant, Mobile Homes Volusia County - Environmental V olusia County - MH-2 (Mobile
Systems Corridor, Urban High Home & Recreation Park), MH-5
Intensity, and Urban Medium (Urban Mobile Home), and RC
Intensity (Resource Corridor)
East Vacant, Mobile Homes, Volusia County - Environmental Volusia County- R-3 (Urban Single
Single Family Systems Corridor, Urban Medium Family Residential), MH-5 (Urban
Residential Intensity, and Urban Low Intensity Mobile Home), and RC (Resource
Corridor)
South Vacant and Single V olusia County - Environmental Volusia County - MH-5 (Urban
Family Residential Systems Corridor, Low Impact Mobile Home), RC (Resource
Urban Corridor)
West Vacant, Single Family Volusia County- Urban Medium Volusia County - R-4 (Urban Single
Residential, Mobile Intensity Family Residential), and MH-2
Home and Campground (Mobile Home & Recreation Park)
AN-0503 - ASD PRoperties
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Background
The majority of the property is zoned for Mobile Home usage within the County. The applicant proposed to annex
into the City and develop consistent with the present County Future Land Use and Zoning.
The Planning and Zoning Board heard this request on April 13, 2005.
Land Use Compatibility
The proposed residential use is compatible with the surrounding area.
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Adequate Public Facilities
This property has access to Old Mission Road. The property lies within the water and sewer service area of the City
of Edgewater per an agreement with both the City of New Smyrna Beach and the Utilities Commission of New
Smyrna Beach. Plans for utility lines in this area have been accommodated partially by the Western Reserve Area
Utilities Project. Adequate plant capacity exists to serve this area based on the density limitations for the existing
zoning.
Natural Environment
This property is heavily wooded, although some underbrushing has occurred. An environmental assessment shall be
completed prior to any clearing or development of this site.
Comprehensive Plan Consistency
Annexation of this property is consistent with the Comprehensive Plan. Policy 1.8.3 states: ''New development proposed
within the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards
as a condition for the extension of public utilities."
Since the projected future demand for residential acreage is 3,854 acres and the Future Land Use Map only indicates
3,300 future developable acres, there may be a need for annexation or increased density to compensate the demand. The
typical reactions of the market to the demand for housing are anticipated to close the gap between the additional 554
acres that may be needed, considering the ample supply of vacant land currently surrounding the City.
Other Matters
Comprehensive Plan Future Land Use Map and Official Zoning Map amendments shall come at a later date.
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STAFF RECOMMENDA nON
Staff recommends approving Ordinance No. 2005-0-11, annexing 100.66:1: acres ofland located east of Old Mission
Road, north of Mission Oaks Condominium south of Josephine Street.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-11
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
d#
Robin Matusick
Paralegal
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AN-0503 - ASD PRoperties
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(.)
ORDINANCE NO. 2005-0-11
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED EAST OF OLD MISSION ROAD AND NORTH OF
MISSION OAKS, VOLUSIA COUNTY, INTO THE CITY OF
EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Rodney Jones, agent and applicant for A.S.D. Properties Management, LLC., owner
of property located east of Old Mission Road and North of Mission Oaks, within Volusia County,
Florida. Subject property contains approximately 100.66 ::!: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 1 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on April 13, 2005, the Board
St! tick thlough passages are deleted.
Underlined passages are added.
2005-0-11
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recommended by a vote of _ to _ that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
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PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEWATER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edge water, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuantto Section 2.01 of the Charter ofthe City of Edgewater, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly. 0
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
Stl t1Gk till ong,h passages are deleted.
Underlined passages are added.
2005-0-11
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on Aprill8, 2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Shtick thlOtl5h passages are deleted.
Underlined passages are added.
2005-0-11
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After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on May 2, 2005, was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 2nd day of May, 2005.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
StI tick till otlgh passages are deleted.
Underlined passages are added.
2005-0-11
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of May, 2005 under Agenda Item No. 6_.
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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.
LEGAL DESCRIPTION (OR BOOK 2450, PG 1863)
PARCEL A:
The following land in Volusia County, Florida:
All of Block "D" except Lot 2 West of Canal and North of Road; that part of Lot 1, Block "E" lying
South of Road, except that portion described as follows: Beginning at the Southwesterly comer of
said Lot 1, Block "E", thence Northerly along the Westerly line of said Lot, a distance of325 feet
to the Point oflntersection of the West line of Lot 1 with the County Road; thence Northerly along
County Road a distance of225 feet; thence Southeasterly 575 feet more or less to the Southeasterly
comer of said Lot; thence Westerly along Southerly line to the Point of Beginning, all being situated
in the JAMES LUPE SUBDIVISION, per Map Book 2, page 33, Public Records of Vol usia County,
Florida.
ALSO:
That part of Lot 5 ofthe middle 1(3 ofthe AMBROSE HULL GRANT, according to the map in Map
Book I, Paged 141, described as follows: Beginning at the Southeast comer of Block "D" of JAMES
LUPE'S SUBDIVISION of the AMBROSE HULL GRANT, thence Southerly on a line being the
extension of the East line of Block "D", a distance of 220 feet; thence Westerly to the Southwest
comer of said Block "D"; thence Easterly along the South line of said Block "D" to the Point of
Beginning, except that part described as follows: Property in Block "D" of the JAMES LUPE
SUBDIVISION, per Map Book 2, Page 33, Public Records of Vol usia County, Florida, described
as follows: Commence at the SE comer of Block "D" of JAMES LUPE SUBDIVISION; thence
Southerly on a line being the extension of the East line of Block "D", a distance of220.1 feet; thence
South 67022' West 1223.6 feet; thence North 76032' West 352.26 feet; thence North 22046'20" East
735.77 feet; thence South 67013'40" East 277.66 feet; thence South 22046'20" West 55 feet; thence
South 17020'40" East 10 feet for the Point of Beginning; thence South 17020'40" East 225 feet;
thence South 72039'20" West 133.33 feet; thence North 17020'40" West 225 feet; thence North
72039'20" East 133.33 feet to the Point of Beginning.
TOGETHER WITH:
Stt l1.:.k till Otl~J. passages are deleted.
Underlined passages are added.
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LEGAL DESCRIPTION (OR BOOK 2476, PG 1012)
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PARCEL "A":
A parcel ofland in the middle of3rd of the AMBROSE HULL GRANT, (said Middle 3rd lying and
being in Section 44, T-17-S; R-33-E and Section 53, T-17-S; R-34-E) and described as follows:
Commence at the Northeast comer of said Middle 3rd; thence Southerly along the East line of the
HULL GRANT 1631.6 feet for the Point of Beginning; thence S 23 030' E, 1531.52 feet along the
Easterly line of HULL GRANT; thence S 64042' W. 2331.76 feet; thence N 13026'30" E, 1806.24
feet; thence N 4013' W, 69.25 feet; thence N 65050' E, 1223.63 feet to the Point of Beginning,
Containing 61.56 acres more or less and all being in said AMBROSE HULL GANT;
PARCEL "B":
A parcel ofland in the Middle Third of the AMBROSE HULL GRANT, said Middle Third lying and
begin in Section 44, Township 17 South, Range 33 East and Section 53, Township 17 South, Range
34 East and described as follows: Commence at the Northeasterly comer of said Middle Third,
thence Southerly along the Easterly line of the AMBROSE HULL GRANT, 1631.6 feet, thence
South 65050' West, 1223.63 feet for the Point of Beginning of the description, thence S 4013' E,
69.25 feet; thence N 76036' W, 556.56 feet to the Mission Road (Old Turnbull Hammock Road)
thence with the said Road N 22022' E 66.82 feet, thence S 76036' E, 525.49 feet to the Point of
Beginning of this description. Subject to an easement over Parcel "B" for road purposes.
PARCEL "C":
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A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle
3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8, Page
125, of the Public Records of V olusia County, Florida, being described as follows: Commence at
the Southeasterly comer of Block "F", said LOVEJOY'S 2ND SUBDIVISION; thence North
21000'00" West, along the Easterly line of said Block "F", a distance of 1300.00 feet; thence South
69012'53" West, a distance of 1548.04 feet for the Point of Beginning; thence South 21000'00" East,
a distance of281.30 feet; thence South 69012'53" West, a distance of 1548.14 feet; thence North
21001'46" West, a distance of281.30 feet; thence North 69012'53" East, a distance of 1548.29 feet
to the Point of Beginning.
Subject to an together with a 30 foot easement for ingress/egress and utilities described as follows:
A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle
3rd ofthe AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8, Page
125, of the Public Records of Vol usia County, Florida being described as follows: Commence at the
Southeasterly comer of Block "F", said LOVEJOY'S 2ND SUBDIVISION; thence North 21000'00"
West, along the Easterly line of said Block "F", a distance of 1300 feet; thence South 69012'53"
Stl tlck tl.10tlgh passages are deleted.
Underlined passages are added.
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West, a distance of1548.04 feet; thence South 21 000'00" East, a distance of 125.65 feet for the Point
of Beginning; thence continue South 21000'00" East, a distance of 30.00 feet; thence South
69012'53" West, a distance of 12.54 feet; thence North 65047'07" West, a distance of 177.69 feet;
thence South 69012'53" West, a distance of 1631.58 feet to the Easterly line of Old Mission Road,
as now occupied; thence North 02026'47" West, along said Easterly line of Old Mission Road, a
distance of 31.61 feet; thence North 69013'32" East, a distance of 1634.07 feet; thence South
65047'07" East, a distance of 177.69 feet to the Point of Beginning.
Containing 100.66 i: acres more or less.
StltlGk thlol1gh passages are deleted.
Underlined passages are added.
2005-0-11
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AGENDA REQUEST
Date: April 8. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
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BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
April 18. 2005
ITEM DESCRIPTION:
Joseph V. Alison requesting preliminary plat approval for a 15-unit subdivision to be known as Nocatee.
OWNER: Joseph V. Alison
APPLICANT/AGENT: Joseph V. Alison
REQUESTED ACTION: Preliminary Plat approval for a 15-unit subdivision to be known as Nocatee.
PROPOSED USE: 15-unit single-family home subdivision.
LOCATION: East of the FEC Railroad, west of Palmetto Avenue, north of Knapp A venue and south of I Olh
Street.
AREA: 5.78:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Medium Density Residential
ZONING DISTRICT: R-4 (Multi-Family Residential)
VOTING DISTRICT: I
SURROUNDING AREA
Current Land Use FLUM Desi~nation Zoning District
North Multi-Family, duplex New Smyrna Beach - High Density New Smyrna Beach - R-5
Residential (Multi-Family)
East Vacant and Single-Family High Density Residential R-5 (Multi-Family
Residential Residential)
South Vacant and Single-Family Medium Density Residential R-4 (Multi-Family
Residential Residential)
West FEC Railway FEC Railway FEC Railway
SD-0302 - Nocatee
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Background: This parcel is currently vacant; the proposed development is a IS-unit single-family home
subdivision. The developer is proposing the lots to be approximately 8,625 square feet with a minimum
width of 75-feet and a depth of liS-feet. Stormwater retention will be on-site and developed per the City's
Stormwater regulations.
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Land Use Compatibility: The proposed development is compatible with the surrounding residential uses.
Adequate Public Facilities: Prior to recordation of the final plat the developer shall install all necessary
infrastructure; which includes, but is not limited to streets, streetlights, sidewalks, water, wastewater, and
stormwater.
Natural Environment: An environmental assessment has been approved by staff for consistency with all
applicable regulations.
Consistency with Comprehensive Plan: The proposed subdivision is consistent with the Future Land
Use Element of the City of Edgewater Comprehensive Plan. This development shall have no detrimental
effects on any Level-of-Service standards within the City. This proposal is consistent with Policy 1.3.1 of
the Future Land Use Element, which states, "The City shall review all development and redevelopment
proposals to determine their specific impacts on current Levels of Service (LOS) for all services and
facilities addressed in this Comprehensive Plan."
Other Matters: There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends granting preliminary plat and associated Development Agreement approval for Nocatee
Subdivision, a IS-unit single family residential subdivision located on 5.78:1:: acres ofland east of the FEC
Railroa~, west of Palmetto Avenue, north of Knapp A venue and south of IOlh Street. 0
ACTION REQUESTED
Motion to approve the preliminary plat and associated Development Agreement for Nocatee Subdivision.
PREVIOUS AGENDA ITEM:
YES
NO
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DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
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Robin Matusick
Paralegal
nneth R. Hooper
City Manager
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SD-0302 - Nocatee
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THIS INSTRUMENT PREPARED BY:
AFTER RECORDING RETURN TO:
Robin 1. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW A TER
P.O. Box 100
Edgewater, FL 32132-0100
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For Recording Purposes Only
DEVELOPMENT AGREEMENT
NOCATEE SUBDIVISION
TillS AGREEMENT is made and entered into this day of , 2005 by
and between, the CITY OF EDGEW ATER, FLORIDA, a mll11jcipal corporation, whose mailing
address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred
to as "City") and JOSEPH V. ALISON, owner, whose address is 221 Tagananya Drive, New
Smyrna Beach FL 32168 (hereinafter referred to as "Developer"). The purpose of this Agreement
is to define the terms and conditions granting the development approval ofthe 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 subj ect to this Agreement is approximately 5.78 acres south of 1 Oth Street and north
of West Knapp Avenue in 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 Joseph V. Alison.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Nocatee Subdivision, as defined by the Master Plan, dated
(Exhibit "B" included herein), within one (1) year of required permit
approvals for this project. Developer's failure to initiate construction within one (1) year may result
in the City's termination of the Agreement. The City, at its sole option, may extend the duration of
(Agreement/Zoning - Nocatee Subdivision)
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this Agreement. This development must be consistent with the Master Plan and must be approved 0
by City Council prior to commencement of any authorized work. Final approval shall include, but
not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental,
solid waste containment, and planning elements.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to ~Et'~l~llf thef.7~ subject to the terms of this Agreement
and in accordance with the City ofEdgeJaf~Ps'~~n{-Land DeveloJ?ment Code. The Developer
further agrees that all development will be consistent with the Nocatee Subdivision Master Plan
dated (Exhibit "B"). Nocatee Subdivision shall be developed consistent with
the City's single family development procedures. Final project approval may be subject to change
based upon fmal environmental, permitting, and planning considerations. Use of the property will
be as follows:
A. Average Lot Size/Unit Count
Nocatee Subdivision shall not exceed a total of 15 single-family dwelling units. The 15
single-family lots are planned to be 75' x 115' or greater. Based on the Final Subdivision Plan
approval, the total number of units may vary but the maximum residential units allowed for the 0
Nocatee Subdivision shall not exceed 2.59 gross dwelling units per total acreage or a total of 15
units.
No lot will exceed a maximum building coverage of 30% with a maximum impervious
coverage of 60% per lot.
Minimum Lot Size:
Area -8,625 square feet
Width - 75 feet
Depth - 115 feet
B. Minimum House Square Footage
The minimum gross house square footage shall be at least 1,200 square feet living area under
air. In addition, each house will have a minimum of a two (2) car enclosed garage. No carports will
be allowed.
(Agreement/Zoning - Nocatee Subdivision)
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C.
Minimum Yard Size and Setbacks:
Front-3D'
Rear - 20'
Side - 10'
Side Corner - 30'
Maximum Height - 26' ./.,., ,........ . --'n-:'"
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Utility Easements - 10' frdiit,15t.siae's .',
Swimming Pools - Rear - 10' from property line to pool deck edge
Side - 10' from property line to pool deck edge
Lots 8 and 9 are shown on the record plat to have a special front yard setback such
that the home is placed on the lot where the minimum lot width is 75-feet.
D. Roads
There shall be one access road permitted from Knapp Avenue to service the subdivision with
a minimum right-of-way width of sixty (60) feet. The road shall be paved pursuant to City standards '
with a minimum width of 24-feet.
E. Retention Pond
There is no proposed Retention Pond at this time.
F. Signage
No signage is proposed at this time. If at a later date slgnage IS requested,
developer/Homeowners Association shall comply with all current Codes and requirements.
G. Trees
Single family lots shall have a minimum offour (4) trees per lot. All other City and County
minimum tree protection standards shall be satisfied for this subdivision development.
H. Entranceto Subdivision
Due to the limited existing right-of-way in the vicinity of the proposed subdivision, the City
agrees to allow the subdivision to have one main entrance connected to Knapp Avenue.
I. 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 Nocatee Subdivision is recorded.
(Agreement/Zoning - Nocatee Subdivision)
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4.
FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Nocatee Subdivision is Medium Density Residential.
The zoning designation for Nocatee Subdivision shall be R-4 (Single Family Residential) as defined
in the City Land Development Code. The City of Edgewater' s permitted uses for medium density
residential are applicable to the development of the property and consistent with the adopted
Comprehensive PlanlFuture Land Use ~iPyp 1-\ l:;,rrv,
5. PUBLIC FACILITIES ..oJ.. \..,- .... .'.
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable water system at the nearest point of connection,
Knapp Avenue, with a minimum of six-inch (6") PVC water main. All water main distribution
system improvements will be installed by the Developer and conveyed to the City by Bill of Sale
in a form acceptable to the City and dedicated to the City prior to or at the time of platting.
B. Developer agrees to connect to and utilize the City's wastewater transmission and
collection system. All wastewater collection and transmission system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City
and dedicated to the City prior to or at the time of platting.
C. The City has determined that reclaimed water is unavailable and will not be available
in the foreseeable future. Therefore, there is no City requirement to install any reclaimed piping.
D. Developer agrees to provide on and off site current and future utility and drainage
easements for drainage and utility service consistent with this provision.
E. All electrical services will be underground.
F. Roadway improvements and all associated right-of-ways shall be dedicated to the
City at the time of fmal plat approval.
G. Off-site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes, signalization) are the developer's responsibility and
shall meet all City, County and/or State requirements and approval.
H. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - Pay 100% of the applicable impact fees to the city by applicant at the time
permit application is signed by the city, thereby reserving requisite water capacity.
(Agreement/Zoning - Nocatee Subdivision)
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Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time
permit application is signed by the city, thereby reserving requisite sewer capacity.
Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit
application.
Roads - Paid to City by applicant at the time of Building Permit Application.
Volusia County Impact fee,s..tl,o! RO,~rl~AArl,Schools - Paid at City Hall by applicant
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to include, but not be limitecrl6~1&at;oad impact fee, County road impact fee, prior
to a Building Certificate of Occupancy.
The amount of all required impact fees shall be at the prevailing rate authorized at the time
of payment of impact fees.
1. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
1. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
K. Developer agrees to reimburse the City of Edge water for direct costs associated with
the legal review, engineering review and construction inspection related to the N ocatee Subdivision
development approval and the construction of required infrastructure improvements and the review
and approval of the [mal plat.
L. The developer shall provide all public facilities to support this project including the
following:
1.
2.
3.
4.
5.
Water Distribution System including fire hydrants.
Sewage Collection and Transmission System.
Stormwater collection/treatment system, including outfall system.
Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the Subdivision. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
Developer is responsible for costs of recording the plat upon approval by the City of
Edgewater.
Bonds - A Performance Bond may be accepted by the City and shall be 110% of the
costs of all remaining required improvements. A Maintenance Bond equal to 10%
of the cost of the infrastructure improvements shall be provided to the City prior to
6.
(Agreement/Zoning - Nocatee Subdivision)
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recording of the Final Plat. The Maintenance Bond shall be in effect for a two (2)
year period.
Sidewalks shall be constructed on both sides of the streets/roadways and have a
minimum width of four feet (4') and shall be constructed prior to issuance of a
Certificate of Occupancy on each building lot. Developer shall provide a bond or
surety in a form acceptaN1-t.?'I~~e/f\~)F.,~he amount of $10.00 per lineal foot for
two (2) years. If sidewalk~...Iat~-nbt"b-onipleted within two (2) years, the developer
will install the remaining sidewalks
Streetlights- shall be reflected in the Declaration of Covenants and Restrictions, and
maintained by the Homeowners Association and be installed by the Developer at
time of installation of the infrastructure or prior to the Certificate of Occupancy
issuance for the first dwelling unit.
Recreational Facilities
There are no Recreational Facilities planned at this time.
6. CONSISTENCY OF DEVELOPMENT
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The City agrees to issue the required permits for the development in the manner defined in 0
the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive
Plan and Land Development Code and is compliant with all concurrency requirements set forth in
said documents.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edgewater, by warranty deed and title insurance
free and clear of all liens and encumbrances, all roadway right of ways and all utility easements as
required. Nocatee Subdivision has designated 3.23 acres as open space, to be maintained by the
HOA.
8. PERMITS REQUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health, 8t. Johns River Water Management District, Army Corps of
Engineers, and Florida Fish and Wildlife Conservation Commission.
(Agreement/Zoning - Nocatee Subdivision)
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2.
City of Edge water - Rezoning, Subdivision Plat approval, Subdivision Construction
Plan approval, all applicable clearing, removal, construction and building permits.
This site may require a V olusia County Environmental Permit.
100 year flood elevation for this site is feet minimum finished floor elevation
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shall be nine (9) - feet.
DEVELOPMENT REOUIRE~:';,S \ T"\r.,~~
F 'I fthi A t t ddr J-j K}".L 11 't d't' t triO t' h 11
aJ. ure 0 s greemen 0 a ess a panlCU ar penru , con 1 lOn, erm or res c IOn s a
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 shall establish a mandatory Homeowner's Association (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 within the N ocatee Subdivision, common area tracts as
depicted on the plat" 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 REOillREMENTS
9.
The Developer shall comply with such conditions, terms, restrictions, or other requirements
determined to be necessary by the City for the public health, safety, or welfare of its citizens.
11. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement,
the Developer shall file a written appeal to the City Manager. After receiving the written appeal,
the appeal will be reviewed by the City Manager and City Attorney, If the City Manager cannot
resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City
Council is the fmal authority concerning this Agreement.
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(Agreement/Zoning - Nocatee Subdivision)
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12. PERFORMANCE GUARANTEES
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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,in...cluding-W>>f.:md all supplementing amendments, and
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all final site plans, shall bind and inure to-nilbenertt' of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in interest
to the land subject to this Agreement or any portion thereof and shall run with the land and shall be
administered in a manner consistent with the laws of the State of Florida.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good faith 0
compliance with the terms ofthis Agreement. If the City fmds on the basis on competent substantial
evidence that there has been a failure to comply with the terms of this Agreement, the Agreement
may be revoked or modified by the City.
16. APPLICABLE LAW
This Agreement and 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 writing by formal amendment.
(Agreement/Zoning - Nocatee Subdivision)
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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,J~~1~a't\ ~t to enforce the terms and conditions of
this Agreement by an action for specific ~effOntalife. .,.
21. ATTORNEYS' FEES
In the event that either party fmds 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. COUNTERP ARTS
o 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
into the date and year first written above.
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(Agreement/Zoning - Nocatee Subdivision)
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ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
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Robin L. Matusick
Legal Assistant/Paralegal
Witnessed by:
JOSEPH V. ALISON
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this
, and who has produced
and who did (did not) take an oath.
dayof_2005, by
as identification
Notary Public
Stamp/Seal:
(Agreement/Zoning - Nocatee Subdivision)
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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.
The south 30.8 feet of the west 44.9 feet of Lot 11, and the south 30.8 feet of Lot 12, and the south
30.8 feet of east 15.1 feet of Lot 13, and the west 19.9 feet of Lot 13, and Lots 14 to 20 inclusive,
Raulerson Subdivision in Sanchez and 8'~~1i ~rqmsr"p~r map book 6, page 155, public records
of V olusia County, Florida, and Lot 13, eaStof tne Ffbriaa East Coast Railway except irregular tract
being 75.1 feet on north line and east 175 feet on south line as platted in map book 23, page 92,
Sanchez and Shepard Grant, per map book 3, page 49 public records of Vol usia County, Florida.
And excepting therefrom the following described parcel:
A parcel ofland lying in the Robert Shepard Grant (Section 50), Township 17 south, Range 34 east,
Volusia County, Florida, said parcel also being a portion of Lot 13, Assessor's Subdivision of the
Joseph Sanchez and Robert Shepard Grants as recorded in map book 3, page 49 (re-recorded in map
book 14, page 99) of the public records of V olusia County, Florida, and being more particularly
described as follows:
As a point of reference commence at the northwest corner of Robert Shepard Grant (Section 50);
Thence Nno07'40"E along the north line of the said Robert Shepard Grant an the south line of the
Seymour Pickett Grant (Section 49),686.03 feet to a point on the easterly right of way line of the
Florida East Coast Railway; said point being also the point of beginning; thence continue
N72.07'40"E along siad norht line of the Robert Shepard Grant and the north line of said lot 13,
484.463 feet; then N60"514'54"E, 40.54 feet; thence N7l .06'58"E, 14.80 feet; then Sllo07'30"E,
143.58 feet; thence S7lo53'45"W, 512.01 feet to a point in the aforesaid easterly right of way line
of the Florida East Coast Railway; thenceN22006'29"W along said easterly right of way line, 136.85
feet to the point of beginning. Containing 71,379 square feet! 1.639 acres more or less.
Containing 5.78 acres more or less.
(Agreement/Zoning - Nocatee Subdivision)
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AGENDA REQUEST
Date: April 8. 2005
PUBLIC
HEARING
ORDINANCE
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS April 18. 2005
CONSENT
ITEM DESCRIPTION:
Authorization for staff to record Quit Claim Deeds to the City for the six-foot (6') plantinglbuffer strip
surrounding Florida Shores.
Background:
Staff has determined that the above-referenced buffer strip was previously given to the City in 1979. However,
in order to provide a clear title in favor of the City, staff recommends the acceptance of the Quit Claim Deeds
from Florida Shores of Vol usia County Inc., Magnuson Properties and Magnuson Corporation.
STAFF RECOMMENDATION
Staff recommends approval and recordation of the Quit Claim Deeds from Florida Shores of Vol usia
County Inc., Magnuson Properties and Magnuson Corporation to the City of Edgewater for the six-foot
(6') plantinglbuffer strip surrounding Florida Shores.
ACTION REQUESTED
Motion to approve and record the Quit Claim Deeds from Florida Shores of Vol usia County, Magnuson
Properties and Magnuson Corporation to the City of Edgewater for the six-foot (6') planting/buffer strip
surrounding Florida Shores.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
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City Manager
Quit Claim deeds. planting strip
...
Florida Shores
of Volusia County, Inc.
---
March 31, 2005
Ms. Robin Matusick
Legal Department
City of Edgewater
P. O. Box 100
Edgewater, FL 32132-0100
Re: Public Areas within Florida Shores Subdivisions
Dear Robin:
With regard to our donation of the planting strips and other "public use" areas located
within the Florida Shores Subdivisions as we have discussed, please fmd enclosed the
following original items, duly executed:
Quit-Claim Deed from Florida Shores of Vol usia County, Inc., and Form DR-219
Quit-Claim Deed from Magnuson Corporation, and Form DR-219
Quit-Claim Deed from Magnuson Properties, Affidavit of Partnership and Form DR-219
We are equally pleased to fmally resolve this matter for the long-term benefit of all
parties including current and future residents of the subdivisions. The next time I am in
Edgewater, I'll try to stop in arid say hello. I would certainly enjoy seeing all the old plat
maps and other documents you have been able to gather.
Thanks again for your very kind and able assistance.
Sincerely,
y" Moynahan Jr.
Mydocslfslletter \0 malusick
100 Parnell Street. Merritt Island, FL 32953. Phone (321) 449-9501,. Fax (321) 449-9504
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Prepared by:
John H Moynahan Jr., Esq.
Florida Bar No. 225355
100 Parnell Street
Merritt Island, FL 32953
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AFFIDAVIT OF P ARTNERSIDP
STATE OF FLORIDA )
COUNTY OF BREVARD )
BEFORE ME, the undersigned authority, personally appeared Nancye M.
Moynahan, who, being first duly sworn, did depose and say:
1. That Affiant is one offive general partners of Magnuson Properties, a Florida
general partnership, formed in 1987 and continuously and currently existing under a valid
partnership agreement pursuant to the laws of the State of Florida; and
2. That all of the partners of said Magnuson Properties now existing and existing
at all times during the negotiation and execution of the contract for sale of the subject
property are Ncincye M. Moynahan, John H. Moynahan Jr., David F. Moynahan, Stephen
N. Moynahan, and Laura M. Iorio; and
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3. That partner John H. Moynahan Jr. has been duly authorized by all of the
partners of the partnership to donate to the City of Edgewater all of the partnership's right,
title, interest, claim and demand which the partnership has in and to the following described real
property:
All planting strips, planting areas, pbnting reservations, buffer strips, drainage canals,
drainage easements, drainage reservations, canals, lakes, culverts, bridges, sewer easements,
streets, roads, walkways, and righb-of-way IyiDg withiD or ad~ tile '---'-iles of all of
the subdivisions named Florida Shores as recorded in the Public Records ofVolasia Coanty,
. FIorid~ (hereiDafter refened to as pBbIic me properties) iadading but Dot limited to all such
public use properties lying witJain or adjoining tile bouDdaries of Florida Shores Units 1,2,3,
4,5,6, 7, " 22 a111126....... _ die ~ tIteFoof as. rewnfed in MaV ~k 23 at ~ '51$
Map Book l' at Page 289, Map Book 23 at hge 183, ~ Bou:i23 at Page: ~ Map r-~Ji 23
at Page 1(t4, Map Book 23 at Pages Ifr7 and 1~ Map Book 23 at Page 109, Map Book 23 at
Page ll~ :Map Rook 23 at Page l~ r.&p Book 23 at P'age 223, Map Book 19 at Page 242,
and Map Book 19 at ~ ~ ~dy,.oftlte PaNic ReamIs orVolasia 0Muity, Horida
and to execute a quit-claim deed therefor as well as any other instruments or documents
that he deems necessary or desirable to implement the donation of said real property; and
4. That the conveyance of the said real property is made for canying on in the.
usual way the business of the Partnership.
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5. That none of the partners nor the partnership itselfbave been debtors in
bankruptcy during the existence of the partnership.
ITHER AFFIANT SA YE1H NAUGIIT.
~;.:!1/!l~/hu- --
The foregoing instrument was acknowledged before me this 31 !'r- day of ~..
2005 by Nancye M. Moynahan, who is personally known to me, and who did take an oath.
v
mydocslm(>'aflidpship-planring strip
G) LISA F. WOODS
MY COMMISSION 1/ 00155805
EXPIRES: October 8, 2006
l<<JO.3.NOTAAY F\. Notary s.Ml:I4 Bclricling. Inc.
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Prepared By and Return to:
John H. Moynahan Jr., Esquire
100 Parnell Street
Merritt Island, FL 32953
Florida Bar No. 225355
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Property Appraisers Parcel ill: 02183401000004 and
QUIT CLAIM DEED
,"
TIllS QUIT CLAIM DEED, made this --1L day of MARc H ,2005 between Magnuson
Corporation, a Florida corporation, whose post office address is 100 Parnell Street, Merritt Island,
FL 32953, hereinafter called First Party, and
the City of Edgewater, a municipal corporation within the State of Florida, whose post office
address is P. O. Box 100, Edgewater, FL 32132-0100, hereinafter called Second Party.
WIlNESSETH:
That First Party, for and in consideration of the sum ofTen and Noll 00 ($10.00) Dollars, and other
good and valuable consideration paid by Second Party, the receipt of which is hereby acknowledged,
does hereby remise, release, and quit-claim unto Second Party forever all of the right, title, interest,
claim and demand which First Party has in and to the following described real property, situate, lying
and being in Volusia County, Florida, to-wit:
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All planting strips, planting areas, planting reservations, buffer strips, drainage canals,
drainage easements, drainage reservations, canals, lakes, culverts, bridges, sewer easements,
streets, roads, walkways, and rights-of-way lying within or adjoining the boundaries of all of
the subdivisions named Florida Shores as recorded. in the Public Records of V olusia County,
Florida, (hereinafter referred to as public use properties) imWdi-.g but IlOt 6_itftI to all sucb.
public use properties lying within or adjoining the boundaries of Florida Shores Units 1, 2, 3,
4, 5, 6, 7, 9, 22 aDd 26 as slaoWII on tile plats tIlereof as recorded in Map Book 23 at Page 57,
Map Book 19 at Page 209, Map Book 23 at Page 103, Map Book 23 at Page 83, Map Book 23
at Page 104, Map.Book23 at Paga 107 aJIIII.l88. Map Book. 23 at ~ 10000.M:ap Boak23 at
Page 118, Map Book 23 at Page 134, Map Book 23 at Page 223, Map Book 19 at Page ~ aad
Map Book 19 at Page 246, respectively, of tile Public Records ofVolnsia County, Florida
TO HAVE AND TO HOLD the same together with all and ~t1aT the appurtenances thereunto
belonging or in anywise appertaining, and all of the estate, right, title, interest, lien, equity and claim
whatsoever of First Party, either in law or equity, to the only proper use, benefit and behoof of
Second Party forever.
IN WIlNESS WHEREOF, First Party has caused these presents to be executed in its name, by its
proper representative thereunto duly anthorized, the day and year first above written..
Signed, sealed and delivered
in the resence of:
Magnuson Corporation,
a Florida corporation
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~
STATE OF FLORIDA )
COUNTY OF BREVARD )
THE FOREGOING instrument was acknowledged before me on ~I rf1(LA eJ A 2005 by John H.
Moynahan Jr., Vice President of Magnuson Corporation, a Florida corporation, on behalf of the
corporation. He is personally known to me and did not take an oath.
F Woods, Notary Public
Commission expiration:
(SEAL)
mydocslfslqcd3-planting strip
G) LISA F. WOODS
MY COMMISSION * DO 155605
EXPIRES: October 8 2006
1-8O>>NOTARY FL Notary StrvIClI & ~
--''11. Inc.
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AGENDA REQUEST
Date: April 8. 2005
PUBLIC
HEARING
4/18/05 ORDINANCE
x
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Resolution No. 2005-R- 07
Judson I. Woods, PA, authorized agent for owners, is requesting
the abandonment/vacation of a six-foot (6') planting buffer along
property located at 2751 Alamanda Drive. (Parcel ID #8402-00-
00-0681 )
PROPOSED USE: Creation of two single-family building lots.
LOCATION: 2751 Alamanda Drive (PID #8402-00-00-0681)
AREA: .013 ~ acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Residential with Conservation Overlay.
ZONING DISTRICT: R-I (Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant V olusia County - Urban Low Volusia County - R-3 (Urban
Intensity Single-Family Residential)
East Single Family Low Density Residential R -I (S ingle-Family
Residential Residential)
South Single Family Low Density Residential R-I (Single-Family
Residential Residential)
West Vacant Low Density Residential R-2 (Single-Family
Residential)
to
.
I,
Background
The property owners were granted a zoning map amendment from R-1 (Single Family Residential) to R-2 (Single
Family Residential) for the subject property by City Council on September 27,2004. The property owners are now 0
requesting the six-foot (6') planting buffer be abandoned to allow access to the two (2) proposed building lots which
shall be created by a Minor Lot Split.
At their regularly scheduled meeting held on March 9, 2005, the Planning and Zoning Board voted 7-0, to send a
favorable recommendation to City Council for the proposed abandonment ofthe six-foot (6') planting buffer with the
following conditions: (1) the owners shall complete application for a Minor Lot Split ofthe original parcel with the
City and (2) the Technical Review Committee approves the Minor Lot Split request.
Land Use Compatibility
The surrounding usage is vacant and single family residential. This abandonment would not adversely affect the land
use compatibility in the vicinity.
Adequate Public Facilities
City water and sewer is available to this property. The proposed property has frontage on Alamanda Drive and would
have access if the requested planting buffer abandonment is granted.
Consistency with Comprehensive Plan
There are no concurrency issues with the proposed abandonment and minor lot split. The proposed abandonment and
subsequent lot split will remain consistent with the density requirements for the Low Density Residential Future Land
Use designation.
Other Matters
Request for a minor lot split will be considered at a later date.
STAFF RECOMMENDATION:
Staff recommends City Council approve the proposed abandonment of the six-foot planting buffer (2005-R-) with
the following conditions:
1. The owners shall complete application for a Minor Lot split of the original parcel with the City; and
2. The Technical Review Committee approves the minor lot split request.
o
ACTION REQUESTED
Motion to approve Resolution number 2005-R-07, with conditions recommended by staff.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Kenne . Hooper
City Manager
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GRANTINGffiENYING
RESOLUTION NO. 2005-R-07
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, GRANTING OR DENYING THE ABANDONING/
VACATING A SIX FOOT (6') PLANTING BUFFER ALONG
THE PROPERTY LOCATED AT 2751 ALAMANDA DRIVE,
AS FURTHER DESCRIBED IN EXHIBIT "A";
AUTHORIZING RECORDING BY THE CLERK OF COURT;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND APPLICABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater desires to abandon/vacate an
unopened/unimproved six foot (6') planting buffer located along the property located at 2751
Alamanda Drive, being more particularly described in Exhibit "A"; and
WHEREAS, Judson I. Woods, Jr., P.A., the agent of record for Larry and Nancy Carson,
owners/applicants, has complied with the provisions of Chapter 21 (Land Development Code),
Article IX (Application Procedures), Section 21-99 (Abandonments and Vacations) regarding the
provision of certain information in connection with the application; and
WHEREAS, pursuant to Section 21-99.03 (Procedures) of the Land Development Code of
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
Hearing before the City Council was provided by regular mail to owners of real property abutting
the unimproved roadway and all owners of the property within three hundred (300) feet in all
directions of the subject property; and
WHEREAS, pursuant to Section 21-99.03 (Procedures) of the Land Development Code of
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
2005-R-07
1
Hearing was published one (1) time in a newspaper of general circulation in the City of Edgewater
by an advertisement that was published in the Observer on April 7, 2005; and
WHEREAS, the City Council of the City of Edgewater finds that said application and
supporting documents are in accordance with the requirements of Chapter 21 (Land Development
Code), Article IX (Application Procedures), Section 21-99 (Abandonments and Vacations) and that
the requested action is consistent with the City of Edgewater Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1.
Authority. The City Council of the City of Edgewater has the authority
to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, and Article IX (Application Procedures) of Chapter 21 (Land
Development Code) of the City of Edgewater.
Section 2.
The City Council of the City of
Abandonment and Vacation.
Edgewater, Florida, hereby abandons, vacates and renounces any rights in and to the
unopened/unimproved six foot (6') planting buffer located along the property at 2751 Alamanda
Drive, being more particularly described in Exhibit "A". See Exhibit "A" for further legal
description and sketch of subject property.
Section 3.
Recording. A certified copy of this Resolution shall be filed with the
Volusia County Property Appraiser and duly recorded into the Public Records of Vol usia County,
Florida, by the V olusia County Clerk of Court.
2005-R-07
2
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Section 4.
Conflictin~ Provisions.
All resolutions or parts of resolutions in conflict
herewith be and same are hereby repealed.
Section 5.
Severability and Applicability.
If any portion of this resolution is for
any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect
the remaining portions of this resolution. If this resolution 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.
Section 6.
Adoption and Effective Date.
This resolution shall take effect upon
adoption.
After Motion by
and Second by
the vote on this resolution was as follows to grant/deny the abandoning and vacating of the subject
U property:
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AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
2005-R-07
3
PASSED AND DULY ADOPTED this 18th day of April, 2005.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2005-R-07
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council during the
Council meeting held on the 18th day of April,
2005 under Agenda Item 6_.
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SURVEYOR'S NOTES & SURVEY REPORT:
I. Legal description provided by client. Descriptions for Land Division prepared by the undersigned
at the request ofthe client: '
2. Bearings per description and based on the South line of subjeci property as being S 89'36' 26" W.
3: Subject to restrictions, reservations, limitations, easements and rights of way, ifany, appearing of
record. Per ,Chapter 421.021 Florida Statutes, surveyor not responsible for any easements
not provided to him other than those on record plat.
4. This sketch of description is subject to any facts that may be disclosed by a'full and
accurate title search.
5. This sketch of description prepared without the benefit of an abstract and no title work has
been peiformed or provided to this surveyor except as noted.
6. Underground utilities and features not located.
1. Dimensions are shown in feet and decimals Ulerllof.
8. Drawing distance between features such as walls or fences and property line may be exaggerated for
clarity.
9. Features shown by symbol are not to scale.
10. Not valid without the signature and Ule original raised seal of a Florida Licensed Surveyor and Mapper.
11. SKETCH PLAT ONLY.
.
.
SHEET 1 OF 3
SEE SHEET 2 FOR LEGAL DESCRIPTION
SEE SHEET 3 FOR SKETCH OF DESCRIPTION
THIS SKETCH NOT FULL AND COMPLETE WITHOUT ALL SHEETS
L~u~NI? & ABBR~VIA110N5
(P) Plat PC P olnl of C~aa-e
(1/) lIe"'aip~<>1 PI Po,*- of I aq>1Clj
(M) MeaOtTed PIP PONer Pde
(C) CaaJated 01 U Overhead ut;d ille5
(PR) Prerated AI C Air CU1dltla1er
(R) Radia RI W RICji ofW"1
(NR) Na,-Radla RE:c. Rea>.<:red
POC P oinl of Canmencemenl
NCivt? Nallll1a Geodellc V ullca lIalum
l?NR liepa-linen! of Natura Re>aJrces
C! I. Cenlerh-c /::;.lIdla
P II. Prcperbj [;Ine R Radiu>
RCP Relnfa-ced coocre\:e pipe [; Nc I.er4h
CMP C~d meta pipe C Chrd
WM lernpaary I'end1 Ma-k f f~
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Clf Chan I.tifence
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U5C & Ci5l1lted5l"les Coasl & Geode~c ~1Wl1
firm f daa In",-,"au Rate M<p
5urveu f UDe
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5ktd1 of l7e><.flplial
I q:>iq-a~~
BlUlda1j
fo.ru.lat:la1
fn<J
RecerUfiealla1
5urvell Date
Job M.ltwer
PC Calc Draft CK
\'l.. '2.4. O"-J
\1.0;.0">4
,- A"- PoL A<.
I herj,y,ceMy !hat this pial of ~ey of ~ <J,.l'<l ~ Is to
~ besl of ITlj m..ledqe . bellefM:! ilf<l'll\3tlai l= a1d cared
as >lI'VCy."a lt1dei- my oup"""s.., Gn the /hl:es ~ ho.-.Gn. I ftrlher
certify lhallhls pial of 5UfVey meots ~ mnln.l11 tedr1id sla1da-d.
per f .A.C. Rule 6ICiI7-6. adopted by lhifiaJdal}caU
ProfeS~~eyor5 I'i1d ~per"'. aa:adil1 to fla-Ida 5latu!es
~~~-it:;J;;;f~m. . ()
n"s prq>ert:y Is 11 fknl zmo< s) .. """ " " ,....
'!hls Iocalla1 Mtennl>ed by ,cail1f.l.R.M. map: Cannullt.y Pad I -z..o-o,O'i! O<.><aS &
~n.,.kr. 1"\.11.."<,o(P~<;,. (; fn;n.<inalemap,cael ,.. -- \000'
Mtv effed....: Ol-I!1-0Z
Allen Campbell & As5OGIatC5
Prob,lor" S-""'Irq & Mifprq
P.O. "'"' 'XJ9 Ed.-p!:td fl ~21~2
2102 Swlh RiJ~ocd^""",
;Jq..'Wa-.er Pk1ta -tho 16
OfT~e:<?J8b) ~28,2218f",,~27-7?J2;
5cale: 1"-. 10D'
Fie No, : ,>u. '1.. -( lil S ~ ~4 t:
I'rep"-od fer: U$~.J
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SKETCH OF DESCRIPTION
PROPOSED VACATION a portion oftbe platted 6 foot planting strip as shown on map of Florida Shores
Unit No. 7 per map Book 23, Page 118 of the Public Records of Vol usia County, Florida and being more
particularly described as follows: Commence at the Southeast comer of said Section 2, Township 18 South,
Range 34 East; thence North 000 19' 08" West along the East line of said Section 2, a distance of 465.24
feet; thence South 89D36' 26" West along the South line of the North 8 chains of the South 3/4 of the
Southeast f/4 of the Southeast 1/4 of said Section 2, a distance of 1320.00 feet to the West line of said
Southeast 1/4 of the Southeast 1/4; thence North 00019' 08" West along the said West line, a distance of
200.00 feet; thence South 89036' 26" West, a distance of31.14 feetto the Easterly line ofa 6 foot planting
strip lying Easterly of and adjacent to Alamanda Drive as shown on Florida Shores Unit No.7, sheet 2 of2
sbeets per map in Map Book 23, page 118 and the Point of Beginning; thence continue South 89" 36' 26"
West, a distance of 6.00 feet to the Westerly line of said planting strip; thence North 00021' 01" West along
said Westerly line also being the Easterly right of way line of said Alamanda Drive, a distance of200.00
feet; thence North 89036' 26" East, a distance of 6.00 feet to the Easterly line of said planting strip; thence
South 00021' 0 1" East, a distance of200.00 feet along said Easterly line to the Point of Beginning.
SHEET 2 OF 3
SEE SHEET I FOR SURVEYOR'S REPORT, LEGEND AND ABBREVIATIONS
SEE SHEET 3 FOR SKETCH OF DESCRIPTION
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AGENDA REQUEST
Date: April 8. 2005
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PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS April 18. 2005
ITEM DESCRIPTION:
Mark Hall P.A., representing J.e. and Rosemary Carder, request for a fine reduction from Code
Enforcement Case No. 2004-CE-2021A.
BACKGROUND:
Mark Hall P.A., representing J.C. and Rosemary Carder, has requested for the City Council to consider
a fine reduction regarding Code Enforcement Case No. 2004-CE-2021A. The case was a violation of
the Land Development Code Section # 21-60.04 (prohibited signs) and currently has an outstanding
fine of $4,753.00. The Citizens Code Enforcement Board established the fine of a $53.00 citation and
a penalty of $100 per day until the property was brought into compliance. The $100 per day fine
accumulated from a period of January 25, 2005 thru March 12, 2005 at which time the property was
brought into compliance.
STAFF RECOMMENDATION:
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Staff recommends the City Council consider the reduction request and allow the fine to be satisfied
with the payment of $53.00 for the citation amount and $447.00 for associated staff time and filing
fees totaling $500.00.
ACTION REQUESTED
Motion to reduce the fine for Code Enforcement Case No. 2004-CE-2021A to $500.00
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO. N/ A
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p703/~4/2005 12: 14
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3864232232
MARK R HALL PA
PAGE 02/0~
,
, A1TORN~Y AT LAW
MAIm: R. HALL, PA.
CERTIFIED MEDIATOR
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TEL~PHONE
(38&) 423-1221
March 24, 2005
124 FAULKNER STREET
NEW SMYRNA BEACH, FLORIDA 32188-'1018
FAX (386) 423-223a
E-MAIL: mSl.k@mh8lIfpa.com
Mr. Kenneth Hooper, City
City of Edgewater
102 N. Riverside Drive
Edgewater, FL 32132
Man.ager
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VIA FACSrMILE 424-2421
RB: J.C. and Rosemary Carder
Dea.r Mr. Hooper:
This confirms OUr telephone conversation recently. My clients
have entirely remo.-ed the sign and sUpporting structure. Full
compliance occurred on Or about Saturday, March 12, 2005, and
this was verified by Code Enforcement Officer MCGrath on March
14,. 2005. One purpose of my correspondance is therefore to
request a fine reduction, because JC and Rosemary Carder are in ~
compliance on this matter. It is my understanding this request
may be placed On the April 4, 2005 City Commission agenda. With
resolution ~nd payment of the fine iSsue, Case No. 2004-CE-2021A
will be C~hleted. Once outstanding issues are resolved, 1 have
been instru.cted by my cl.ient to dismiss the appeal which is
pending in Circuit Court. .
In the interim, if I may be of any further assistance prior to
the City Commission meeting, I look forward to hearing from you.
Please prOvide me with a copy of any agenda materials for this
item prior to that meeting.
Sincerely,
~. a. HAL~, P.A.
~ctN\.. t-,. ~
MARK R. HALL
MRH/cg
cc: J.C. Carder (via fax)
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THE CITY OF EDGE WATER
post OFFICE BOX100-EIJGEWATER, FLORIDA 32132-0100
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Date: April 1 , 2005
To: . Chief Barlow
From: M. McGrath
/
Ref: Outstanding .fine/li~ns (pelican Plaza)
On Janu8.l}' 13, 2005 the Cod~ Enforcement Boaid found J C Carder in violation of three
sign violations listed below. The order states that a $53.00 citation fee be assessed for
each of these violations. The order also states that a $100.00 a day fine will be imposed if
the violations contiriue past January 24, 2005 and for a lien to be placed on the property .
byFebruary'10,2005. . . .
.1. CaSe'# 2004-CE:-2021A
Section # 21-60.04 (prohibited signs)
Compliance5!ate March 12, 2005 .
,,..,
. Citationam6tirtt. .
.1125105-)/12/05 ~ 47 days@ $100.00
. $53.00.
$4700.00 .
., ~;$~47S3';q:(L
2. Case # 2004-CE-2021B
Section #21-61.03 (pole signs) .
Compliance date week of Jahuary 17, 2005
. Citation amount: paid 2/9105
$53.00
3. Case # 2004:-CE-2021C
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Section # 21-61.04 (ground signs)
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Compliance d~te week of January 17, 2005'
Citation amount: paid 2/9/05
$53.00 .
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CITY OF EDGEW ATER
CITIZENCODE~NFORC~MENTBOARD
ORnER IMPOSING FlNEILIEN
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THE CITY OF EDGEW ATER, FLORIDA,
a municipal corporation
Petitioner,
VS.
Case No. 2004-CE-2021A
~ C & Rosema~ Carder
Respondent
TillS CAUSE came before the City of Edgewater CitiZen Code Enforcement Board (the
"Board") on . Januarv 13,-2005' , after due notice of noncompliance to the'
Respondent. The Board, after having heard testimony under oath;-: received evidence and heard
arguments of counsel (if any), the Petitioner D being 1!q not being present, thereupon finds as
follows:
1.
. .
The'Respondent is the owner of the property described as follow:
.lrl/'" .
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Address: 2311 S. Rideew.oodAve. Edeewater. Florida
Parcel J.D. No.:. 8402-44-00-0020
Legal Description: Tract 2 Pelican Cove Sub Exc Irree Parcel PER Or 2207 PI!
728 MB 35 Pes 65 to 59 Inc Per 0!11984 Pe 308 & Exc E 10 Ft
There currently exists a violation of Section(s) 21-60.04
Development Code of the City of Edgewater.
Based upon the foregoing, it is ORDERED AND ADJUDGED:
2.
of the Land.
1.
You, J C & Rosemarv Carder, will pay to the City of Edgewater, Florida, a
citation fee of Fifty,;,three and No cents 00/100 dollars ($ 53.00 )
and fine of One-hundred and .No cents 00/100,dollars ($ 100.00 )
per day imposed for each day the violation continues past Januarv 24.2005. If
. not satisfied by Februarv 10. 2005 a lien will be placed oiL the 'p~operty.
A certified copy of this Qrder may be recorded in the Public. Re~6rds of V olusia.
County, Florida, and shall constitute a lien against the above-de~~ribedproperty
. \ ,-
and upon any other real property or personal property owned by the Respondent,
pursuant to Section 162.08 and 162.09, Florida Statute.
. Respondent will be responsible for recording fees and .admiriistrative costs
associated with recording the lien. 0
Information regarding this Order may be obtained by contacting the Code
Enforcement Division of the City of Edgewater at 104 North Riverside Drive,
Edgewater, Florida 32132. .
2.
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4.
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CITY OF EDGEWATER
104 N RIVERSIDE DRIVE
EDGEWIITER, FL
32132
* Custo.erReceipt f
----------
Receipt #: 0638803
Date February 9,2005
~#B402-44-00-0020 CARDER
2311 S RInGWOOD
SS.Reference i
Pay.ent Balance
- ~-----
Me OTHER MISC. RE' 105.80
*** Pay.ent Total Iff: 106.00
Check 13616 106.00
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TENTATIVE AGENDA ITEMS
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MAY 2
1) 2nd Reading, Ord. #2004-0-31, Annexation 5601 acres, Snowden - cont from 3/7/05, item 6A
2) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Targator (Tim Howard) 2 acres
3) 2nd Reading, Ord #2005-0-, Zoning Map Amend, Targator (Tim Howard) 2 acres to RPUD
4) 2nd Reading, Ord #2005-0-, Annexation 99j: acres, ASD (Rodney Jones) properties E of Old Mission
5) 2nd Reading, Ord #2005-0-, Annexation, Tobin 30 acres
6) 1 st Reading, Ord #2005-0-07, Comp Plan Amend, Halstead, 2.3 j: acres - cont from 4/4/05, item 6A
7) 1st Reading, Ord #2005-0-, Comp Plan Amend, U-Sto-It (Edgegate) .32j: acres
8) 1st Reading, Ord #2005-0-, Zoning Map Amend, U-Sto-It (Edgegate) .32j: acres
9) Res #2005-R-, Amending Personnel Policy and Procedures
10) New positions: Animal Facility Administrator, Bldg. Inspector (residential), 2 firefighters
11) Public Hearing, Regions Bank LeaseIPurchase Agreement
12) Citizen Code Enforcement Board appt., Glenn Barnhill requesting reappointment, Mayor's nomination
MAY 16
1) 2nd Reading, Ord #2005-0-07, Comp Plan Amend, Halstead, 2.3 j: acres
2) 2nd Reading, Ord #2005-0-, Comp Plan Amend, U-Sto-It (Edgegate) .32j: acres
3) 2nd Reading, Ord #2005-0-, Zoning Map Amend, U-Sto-It (Edgegate) .32j: acres
4) 1st Reading, Ord #2005-0-, Annexation, Glenn Storch (Miller) 20 acres
5) 1 st Reading, Ord #2005-0-, Annexation, Carder US 1 & Godfrey
6) 1st Reading, Ord #2005-0-, Rezonings, Airpark-Massey area
7) 1 st Reading, Ord #2005-0-, Comp Plan Amend, Herman
8) 1 st Reading, Ord #2005-0-, Rezoning, Herman
9) 1 sl Reading, Ord #2005-0-, Comp Plan Amend, River Colony 4 acres N of Jones Fish Camp Rd
10) 1 st Reading, Ord #2005-0-, Rezoning, River Colony 4 acres N of Jones Fish Camp Rd
11) 1 sl Reading, Ord #2005-0-, Annexation, River Colony 4 acres N of Jones Fish Camp Rd
12) 1 st Reading, Ord #2005-0-, Annexation Glenn Storch west of US 1, N ofWm Street
13) 1 st Reading, Ord #2005-0-, Rezoning Hickey/Miller residential to R-l, 2 acres
14) 1st Reading, Ord #2005-0-, Annexation We star Homes, Packwood Rd, 20 acres
15) Presentation of Annual Financial Report for FY ended September 30, 2004
JUN6
1) 2nd Reading, Ord #2005-0-, Rezonings, Airpark-Massey area
2) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Herman
3) 2nd Reading, Ord #2005-0-, Rezoning, Herman
4) 2nd Reading, Ord #2005-0-, Annexation, Glenn Storch (Miller) 20 acres
5) 2nd Reading, Ord #2005-0-, Annexation, Carder US 1 & Godfrey
6) 1 st Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Storch/Hickey - Med Density Residential
7) I st Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Storch/Belmont _
8) 1 st Reading, Ord #2005-0-, Rezoning - Storch/Hickey - RPUD
9) 1 sl Reading, Ord #2005-0-, Rezoning - Storch/Belmont - RPUD
10) 1 st Reading, Ord #2005-0-, Comp Plan Amend, Sfera - Commercial
11) 1 st Reading, Ord #2005-0-, Rezoning, Sfera
12) 1 st Reading, Ord #2005-0-, Comp Plan Amend, Kayat - Industrial
13) 1 st Reading, Ord #2005-0-, Rezoning, Kayat
14) 1 st Reading, Ord #2005-0-, Comp Plan Amend, Jalbert 12 acres
O 15) pt Reading, Ord #2005-0-, Rezoning, Jalbert 12 acres
16) 1 st Reading, Ord #2005-0-, Comp Plan Amend, Jalbert 1 acre
17) 1 st Reading, Ord #2005-0-, Rezoning, Jalbert 1 acre
18) 1 st Reading, Ord #2005-0-, Annexation, Riverclub 41.891 acres
Rev. 4/11/05
I:\liz _ docs\outlines\aitems050205
19) 15t Reading, Ord #2005-0-, Halstead PUD
20) 15t Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Carder - Packwood
21) 15t Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Scott Tobin
22) 15t Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend ASD Properties (Rodney Jones) 99 acres
23) 15t Reading, Ord #2005-0-, Rezoning, ASD Properties
24) 15t Reading, Ord #2005-0-, Rezoning, Carder U
JUN 20
1) Res #2005-R-, Scott Tobin abandonment
2) Pinehurst subdivision
3) Adkins subdivision
(JUL 1 - Council to receive proposed budget)
JUL 13 - 5:00 pm - Work Session - FY 2006 Budget
JUL18
1) Council authorizes advertisement of proposed tax rate
2) Text Amendment, LDC Changes (TA-0401)
The following are waiting on comments from DCA pursuant to June 6 transmittal:
1) 2nd Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Storch/Hickey - Med Density Residential
2) 2nd Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, StorchlBelmont _
3) 2nd Reading, Ord #2005-0-, Rezoning - Storch/Hickey - RPUD
4) 2nd Reading, Ord #2005-0-, Rezoning - StorchIBelmont - RPUD
5) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Sfera - Commercial 0
6) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Kayat - Industrial
7) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Jalbert - 12 acres
8) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Jalbert - 1 acre
9) 2nd Reading, Ord #2005-0-, Rezoning, Jalbert 12 acres
10) 2nd Reading, Ord #2005-0-, Rezoning, Jalbert 1 acre
11) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Carder (Packwood)
12) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Scott Tobin - High Density Residential
13) 2nd Reading, Ord #2005-0-, Comp Plan Amend, ASD Properties - Med Density Residential
14) 2nd Reading, Ord #2005-0-, Rezoning, Carder
15 2nd Reading, Ord #2005-0-, Rezoning, Scott Tobin
16) 2nd Reading, Ord #2005-0-, Rezoning, ASD Properties
17) 2nd Reading, Ord #2005-0-, Rezoning, Kayat
18) 2nd Reading, Ord #2005-0-, Rezoning, Sfera
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Rev. 4/11/05
I:\liz _ docs\outlines\aitemsO 50205