94-O-24
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ORDINANCE NO. 94-0-24
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WITHIN THE PALM BREEZE SUBDIVISION,
VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER,
FLORIDA; AMENDING THE DESCRIPTION OF CITY OF
EDGEWATER CORPORATE LIMITS; PROVIDING FOR
FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY
APPRAISER AND THE DEPARTMENT OF STATE;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. First Federal Savings Bank of New Smyrna, Norman W. and
Margaret P. Daniel, William R. and Betty A. Brooks, Elsie E. Peck,
Charles W. and Deborah L. Edwards (also known as Deborah L. Syler),
Stephen W. Schimpf, Walter Kuchar and Bonnie Diane Kuchar, Alva W.
and Evelyn M. Lewis, Wesley W. Tanner, Betty A. Brooks and Myrtle
C. Abernathy, catherine Brunner, Teresa L. Reynolds, Steven L.
Brunner, Berniece S. and Daniel K. Warner, Charles D. and Catherine
M. LaBossiere, Floyd R. Anders and Amanda S. Anders, Vernon L. and
Dorothy Lynn Goodrich, Donald R. Midland, William M. and Patricia
A. Cattafesta, David L. and Lorraine L. Cevasco, Theresa A.
Warnock, and Stuart and Liann Winkler are the owners of certain
real property located on Palm Breeze Drive between the right-of-way
of U. S. Highway No. 1 and the Indian River Lagoon in Volusia
County, Florida. Just east of US#l, the property extends east to
the Intracoastal Waterway, containing 9.15 acres more or less.
2. The owners have voluntarily petitioned 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. At a meeting on August 31, 1994, the Land Development and
Regulatory Agency reviewed the petition and recommended by a vote
of 7 to 0 that the property be annexed into the city.
struck through passages are deleted.
Underlined passages are added.
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NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEWATER, FLORIDA.
1. Pursuant to section 171.044, Florida Statutes, that
certain real property described in Exhibit A and depicted in the
map identified as Exhibit B, which are attached hereto and
incorporated by reference, is hereby annexed into and made part of
the City of Edgewater, Florida, and shall be subject to the
jurisdiction, obligations, benefits, and privileges of the
municipality and to the terms of those certain Annexation
Agreements which are attached hereto and incorporated by reference
as Exhibits C, D, E, F, G, H, I, J, K, L, M, N, 0, P, Q, R, S, T,
U and V.
2. The boundaries of the City of Edgewater are hereby
redefined to include the property described above and depicted in
the map identified as Exhibit B.
3. Pursuant to section 2.01 of the Charter of the City of
Edgewater, Florida, that certain document entitled "Description of
City of Edgewater corporate Limits" shall be amended accordingly.
4 . within seven (7) days after adoption, copies of this
ordinance shall be filed with the Volusia County Clerk of the
Circuit Court, the Volusia County Property Appraiser, the Volusia
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.
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
gtruc]c through passages are deleted.
Underlined passages are added.
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inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART D. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E. ADOPTION.
After Motion by Councilman Hays and Second by Councilman
Jones, the vote on the first reading of this ordinance held on
October 3, 1994, was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Hatfield and Second by Councilman
Hays, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 6th day of March, 1995.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
BY:
ack H. } n, Sr.
ayor
APPROV OR FORM
AND CORRECTNESS:
14rista A. Storey
City Attorney
S`-kthrreugh passages are deleted.
Underlined passages are added.
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EXHIBIT "A"
LEGAL DESCRIPTION
A portion of U. S. Lots 6 and 7, section 2, Township 18 South;
Range 34 East and accretions easterly thereof and a parcel of land
being a portion of Section 1, and land easterly of Section 1 and
section 2, Township 18 South; Range 34 East and being more
particularly described as follows:
BEGINNING at the point of intersection of the south line of U. S.
Lot 6, Section 2, Township 18 South; Range 34 East and the easterly
R/W of U. S. Highway No.1; thence N 26041'40" W along said
easterly R/W of U. S. Highway No. 1 a distance of 140.00 feet;
thence N 77009'50" E, a distance of 1045.78 feet; thence N
64041'20" E, a distance of 209.00 feet; thence S 25018'40" E, a
distance of 396.55 feet; thence N 64041'20" E, a distance of 24.68
feet; thence S 23034'38" E, a distance of 112.15 feet; thence S
64041'20" W, a distance of 247.62 feet; thence N 00012'40" E, a
distance of 119.98 feet; thence N 25018'40" W, a distance of 3.87
feet; thence S 64041' 20" W, a distance of 25.00 feet to the
centerline of Palm Breeze Drive, thence N 25018'40" W, along said
centerline, a distance of 188.95 feet; thence S 85012'50" W along
said centerline of Palm Breeze Drive, a distance of 97.34 feet;
thence S 04047'10" E, a distance of 167.14 feet to the southerly
line of said U. S. Lot 6; thence S 89056'40" E along said southerly
line, a distance of 138.06 feet; thence S 00003'20" W, a distance
of 120.00 feet; thence N 89056'40" W, a distance of 120.00 feet;
thence N 00003'20" E, a distance of 120.00 feet to the said
southerly line of U. S. Lot 6; thence N 89056'40" W, along said
southerly line, a distance of 349.23 feet; thence S 79007'29" W, a
distance of 77.75 feet; thence N 12050'10" W, a distance of 117.95
feet; thence S 77009'50" W, a distance of 85.45 feet; thence S
12050'10" E, a distance of 115.04 feet; thence S 79006'56" W, a
distance of 430.53 feet to the said easterly R/W of U. S. Highway
No.1; thence N 26041'40" W, a long said easterly R/W, a distance
of 126.18 feet to the Point of beginning. containing 9.15 acres
more or less.
struclc through passages are deleted.
Underlined passages are added.
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~ane M. Matousek
Volusia County, Clerk of Court
"
EXHIBIT "B"
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~\strument # 95034182
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ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this (;.,j/G day of
/i()../ICJL , 199" by and between, the CITY OF EDGEWATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgewater, Florida 32132, (hereinafter referred to as "City")~ and
FIRST FEDERAL SAVINGS BANK OF NEW SMYRNA, a corporation existing
under the laws of the united States of America, P. O. Box 430, New
Smyrna Beach, Florida
32170-0430 (hereinafter referred to as
"Owner" ) .
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A~ and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement are vacant
commercial parcels of approximately .23 and .16 acres located on
Palm Breeze Drive. The property is more specifically described in
the legal description which is attached hereto and incorporated by
reference as Exhibit A.
2. PERMITTED USES
The property is currently zoned B-9 (Commercial) by Volusia
County. Attached hereto and incorporated by reference as Exhibit
B is a list of the permitted uses and the restrictions and
densities which will be applicable to further development of the
property until such time as the City amends its comprehensive plan
to recognize the incorporation of the property.
Any new
development within the annexed area shall be developed in
compliance with the all applicable City ordinances, resolutions,
and regulations effective at that time.
(annexation\palmBreeze.lstFed)
December 2, 1994
1
EXHIBIT "C"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\palmBreeze.lstFed)
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address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\palmBreeze.lstFed)
December 2, 1994
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Dated:
3 /10/ 1S~
, ,
APPROVED FOR FORM
,~~~
ista A. Sorey .
City Attorney ~
Attested to:
__f?A f;Uvtfy
R.A. Fawley
Vice President
OWNER:
FIRST FEDERAL SAVINGS BANK
OF
By:
NEW A
~ ~_':U'
Charles H. Byrd ,/."r:g:;~
President ' /, . . ,"
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(annexation\palmBreeze.lstFed)
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1: That portion of Government Lots 6 and 7, Section 2,
Township 18 South, Range 34 East, Volusia County, Florida, being
more particularly described as follows: Commence at the
intersection of the South line of said Government Lot 6, and the
Easterly Right-of-Way line of U. S. Highway No.1; run thence South
89056'40" East along said South line of Government Lot 6, a
distance of 96.16 feet for the Point of Beginning; thence continue
South 89056'40" East along said South line, a distance of 2.84
feet; run thence North 77009'50" East, a distance of 92.87 feet;
run thence South 12050'10" East, a distance of 105.8 feet; run
thence South 79007' West, a distance of 95.7 feet; run thence North
12050'10" West, a distance of 103.17 feet to the Point of
Beginning.
THE ABOVE DESCRIBED PROPERTY BEING ALSO KNOWN AS LOT 25, PALM
BREEZE, AN UNRECORDED SUBDIVISION.
PARCEL 2: That portion of Government Lot 7, Section 2, Township 18
South, Range 34 East, Volusia County, Florida, being more
particularly described as follows: Begin at the intersection of
the South line of Government Lot 6, said Section 2, Township 18
South, Range 34 East, and the Easterly Right-of-Way line of U. S.
Highway No.1; run thence South 8940" East along the South line of
said Government Lot 6, a distance of 96.16 feet; run thence South
12050'10" East, a distance of 103.17 feet; run thence South 79007'
West, a distance of 63.66 feet to the said Easterly Right-of-Way
line of U. S. Highway No.1, run thence North 26041'40" West along
said Easterly Right-of-Way line of U. S. Highway No.1, run thence
North 26041 '40" West along said Easterly Right-of-Way line, a
distance of 126.18 feet to the Point of Beginning.
THE ABOVE DESCRIBED PROPERTY BEING ALSO KNOWN AS LOT 26, PALM
BREEZE, AN UNRECORDED SUBDIVISION.
(annexation\palmBreeze.lstFed)
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EXHIBIT "B"
Art. VII
APPENDIX 13-Z0NING ORDINANCE
Art. VII
13.9 GENERAL OFFICE CLASSIFICATION.
Purpose and Intent: The purpose and intent of the B.9 classification is to provide areas for
general office use. It is intended that this classification apply to suitable properties which are
situated in urban areas to provide a transitional area between residential development and
more intensive land uses.
Permitted Principal Uses and Strucf/lres: In the 13-9 General Office classification, no
premises shall be used except for the following Ilses and their customary nccessory usrs or
structures:
. .
;,"::C}
.,.,.
Essential utility services.
Exempt excavations (refcr t.o scction 817.00(0)) und/or those which comply with article VIII
of the land development code .of Volusia Count.y [appendix A) and/or final site plan
review procedures of this onlimmce. (Ord' No. 90-34, S 38, 9-27-90)
Excmpt landfills (refer to section 817.00(p)). (anI. No. 90.34, S 38, 9.27.90)
Financial institutions.
Fire stations. (Ord. No. 92-6, S XL, G-4-92)
General olices.
Govcrnmcnt-sponsored civic ccnters. (Ord. No. 92-6, ~ XLI, 6.4-92)
Librarics. (Ord. No. 92-6, S XLI, 6.4-92)
Public schools. (Ord. No. 92-6, S XLI, 6-4-92)
Publicly owncd parks and rccrcational areas. (Ord. No. 92-6, S XLI, 6-4-92)
Publicly owned or regulated water supply wcIls. (Ord. No. 92.6, ~ XLI, 6-4-92)
Permitted Special Exceptions: Additional regulations/requirements governing pcrmitted
special exceptions are located in sections 817.00 and 1104.00 of this ordinance. (Ord. No. 90.34,
~ 38, 9.27.90)
Antelinas exceeding 70 fect in height above ground level.
Houscs of worship and ccmetcrics (refer to section 817.00(d)).
Noncxcmpt cxcavations (refcr to scction 817.00)(0). (On1. No. 90.34, ~ 38, 9-27-90)
Profcssional or trade schools related to permitted uses (rcfer to section 817.00(b)).
Public uses not listed as a permitted principal use.
Public utility uses and structures (refer to section 817.00(a)).
Dimensional Requiremcnts:
Minimum project sizc:
Area: 20,000 square fed.
Width: 100 feel.
!I{i1l;mU11l yard size:
Front yard: 35 feet.
Rcar yard: 20 feet, unless abutting a rcsidcntial classification, thcn 35 feet
"'Editor's note-The 13.9 district was added by S XlV of Ord. No. 89-20, adopted Jun,e 8,
1989. I
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EXHIBIT "B"
Art. VII
VOLUSIA COUNTY CODE
Art. VII
Side yard: Abutting any lol, 10 feel, unless abutting a residential zoning classification
or a street, then 35 feet.
Waterfront yard: 25 feel, or the required shoreline burfer, whichever is greater. (Ord.
No. 90.34, ~ 38, 9-27-90)
Maximum building height: 35 feet.
Maximum lot coverage: The lolallot area covered with principal and accessory buildings
shall not exceed 35 percent..:
Off-Street Parhing and Loading Requirements: Off-streel parldng and loading areas meeling
the requirements of section 810.00 shall be constructed. (Ord. No. 90-34, ~ 38, 9-27-90)
Landscape Bufrer Requirements: A landscaped buffer area meeting the requirements of
section 808.00 shall be constructed.
Final Site PI~Tl Requirements: A final site plan meeling the requirements of article III of
the Land Development Code of Volusia County [nppendix A] is required.
Types of Signs Perm ified:
Ground signs (refer to section 822.00 et seq, for ndditionalregulations).
Temporary signs (refer to section 822.00 et seq. for additional regulations).
Wall signs (refer to section 822.00 et seq. for additional regulations),
''-----''-... . DPUD BUSINESS PLANNED UNIT DEVELOPMENT'" /
~ [HEPEAl.EDj
~ (.1 LIGHT INDUSTlUAL CLASSIFICATIONl / .
Purpose and Intent:-'f)le purpose and intent of the I-I Light Industrial Classificntion is Lo
provide sufficient space i";"opproprinte locations for industrial opofu'tions engaged in the
fabricating, repair or storage 6f1l1anufaclured goods of such a n~Gre that objectionable by-
products of the activity (such as odol); s~).lOke, dust, refuse, electt6.'mognetic interference, noise
in excess of that customary to loading, Ullloa.ding and hnn~i~ of goods and materials) arc not
nuisances beyond the lot on which the facilitY-i.~Ioc~e.A.
Pamified Principal Uses and Structures. In }11c I-I Light Industrial Classification, no
. "-
premises shall be used except for the following..ifldustria~ses and their customary accessory
uses or strueLures: / ~
"'Editor's note-The BPUIJ rCJ,,:ryI:'itions were added by ~ XIlI of Oro. No. 85.24, adopted
OeL. 10, 1985, amended by the foll,,\ving:
Ord. No. Date / -Section Ord. No. Seclion
86-16 10.2~B. X, XIII 88-2 }-19.88 V
87-14 !i~18-87 VII 89.20 6- 8.89 " VI, XVI
and repealed by Jl.Jt4 of Ord. No. 90-34, adopted Sept. 27, 1990. See now the PUD retnJ)aliolls
of this article/ "
tEd~tdf's nole-Uses deleted from the I-I classification '....ere derived frolldhe foll~\\Ping
ordinan~es: Ord. No. 81-1, ~ I, adopted Jan. 15, 1981, and Ord. No. 84-1, ~ XXVI, adopted M~l'.
~/1~84. '\
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EXHIBIT "B"
~ 822.00
APl'gNDIX lJ-ZONINC; OHlJINANCg
~ 823.00
")
(5) Temporary banner signs ereeled in accordance with this seelion shallnol ex~e~d
,30 square feet in copy area.
(b) Conversion of temporal)' sigH i/lto penllClIIC/lt siglls: Temporary signs (including por-
table signs) may be cOI1\'erLed into permanent signs to be used for allY purpose per.
mitted by this ordillance in accordance with the followinl~ requiremcnts:
(1) All regulations contained in this ordinance npplyinfj to erection of new pCllna-
nent signs shall "pply to cOI1\'crsion of signs, including all permit requiremcnts.
(2) All exposed trailcr frames, legs, service walkways, etc., shall be removed. (Ord.
No. 86-16, 9 XXXIV, 10-23-86; Ord. No. 90-34, 9 87, 9-27.90; Ord. No. 91.11, S
XA'V,5.1G.91)
822.12. Shielding: The source of illumination from nny sign shall be shielded in order to
prevent a direct heam of lil;ht from shiJliJlI; onto a strcet or a residential single.family, two-
family, ur Jllldtiramily dwelling. (Unl. No. 1\(;- ](i, ~ XXXIV, 1O-2~J-S(j)
822.13. Sign Permit Application a/l(l Number: It slwll be unh1wfulto crcel a sign grctltcr
than 16 square fcet in copy arca unless exempted lInder section 822.01 witllOut first appl)'inl~
for a si[~n permit from t.he plmlJliJllj and 1.olJinl~ department. Upon npproval of the sign pNmit
application by the zoning enforccment official, a sign perlllit number shall be isslled. Said sign
permit npplication and number shall be forwarded to the department of development and code
administration for issuance of a building permit if required and payment of the building
permit fees. The permit number shall be affixed 1.0 the lower right-hand comer of the sign.
lOrd. No. 86.16, 9 XXXIV, 10-23.86; Ord. No. 90.34, ~ 88, 9-27-90)
822.,14. Sigll Permit Rellewal Fees. Except as otherwise provided in this ordinance, n sign
permit shall be valid for 2 years froll1 the date of issuance. Thereafter, a sign permit may be
reissued for the same sig"n for each successive hielJllial period upon paymcnt of the )H'lmit.
renewal fee and late fee, if the permit was not rcnewed prior to its cxpirntion. II shall he
unlawful to maintain any sign without all original or rcnewed sign permit.. The reissuance of
a permit does not waive any other requiremenls of this ordinance. It is the intent of this
provision that the zoning ellforcement olJicial nwy inspect signs subject to the permit renewal
fee in order 1.0 ascertain ifany changes have becnlllade to the sign since issuance ofthe permit,
or renewal thereof, so as 1.0 ensure continued cOlllpliance with this ordinance. (Ord, No. 86-16,
!? XXXIV, 10-23-8G; Olll. No. !lO.:I.I, ~ nfl, !1.2'l-!lO; Old. No. 92-6, S LXV III , 6-1-92)
822.15_ NO/lco/l/illmillg SiJ:/I~: ^II n()II('l)llr(lllllinl~ ~;il:IIS shall onl)' hI! nl:ldl' In COnrllrlll
\\'it.h this ordinance when structurally altered, or when said signs arc destroyed (1\' dalllai;cd by
wind, filc, or other means 1.0 the extent of GO percellt or more of their replacemellt v~llue, (OnL
No. 86.16, 9 XXXIV, 10-23-86) "'\,
Sec. 823.00. Indian HiveI' Lagoon Sm-face 'ValeI' Improvement.s llIllI l\1llllal::elllent
OvedllY Zone.
Purpose, Illtellt and Boundaries:
The purpose oflhis seelion is 1.0 provide regulations to protect and improve the wnter
quality of the Indian HiveI' Lagoon. This wat.er body contains waters designated as class
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EXHIBIT "B"
S ~_23.00
VOLUSlA COUNTY COVE
S 823.00
II by the Florida Department of Environmental Hegulation in accordance with rule 17-
3.161, Florida Administrativc Code, and the only waters in Volusia County designated for
special proteclion by Florida legislation pursuant to the Surface Waler Improvement and
Management Act (SWIM). Additionally, these water!> have been designated as an "estuary
of national significance" by the U.S. Environment.al Proteclion Agency. Said class II
desif~nation authorizes shellfish propagation and h:uvestinr,. Said wat.er quality nil~ria
applicable to this class are designed t.o maintain the minimum conditions necessary to
assure the suitability of water for the designated use of the classification. The regulat.ions
in this seclion are designed to reduce the negative impacts of development adjacent lo t.he
Indian Hiver Lagoon and prot.ect this vital naturnl resource and the shellfish harvesting
industry in this urea.
Notwithst.anding any other provisions of t.his ordinance t.o t.he contrary, t.hese regu,
lations :He supplemenL'lry the.ret.o.
An overlay zone is herehy established nnd the regulations hereinafter provided shall
apply in saitl zolle and all zoni nl~ cIassi licnliow; establi shed in article V II of lh is onli IIa IIl'l'.
The oflicial zoning 1I1np shall identify the overby zolle by adding the leUer "W" as a surlix
to the zoning cIassific.,tions within the boundarics of said overlay zone.
Said boundaries of the zone arc as follows: That portion of the unincorporated area of
Volusia COUl~ty, Florida, boundell 011 the north by the southern city limits of the City of
New Smyrna Beach; on the enst by the AlInntic Ocean; 011 the west by U.S. lIighway f.1
and on the south by the Brevard County line. (Ord. No. 87-14, ~ XXIV, 6-18-87; anI. No.
90-34, 9 90, 9.27-90; Ord. 92.6, ~ LXIX, 6.4.92)
823.01. Wetlands Preservation:
(a) Performance standards: No more than 10 percent of the wetlands upon any lot whicl.
is within the land\\'nrd extent of the surface water of the state shall be disturbed,
whether filled, cleared or otherwise allered.
(b) All wetlands occurrillr~ within this overlay zone shall be preserved and mitigated in
accordance with article Xl of the land development code [appendix AI.
(c) Wetlands protection burfer:
A wetlands protcdion !Julfer shall he established for a distance of 25 feet
laterally upland from the upland limit of any wetland.
The wetlands protection IJ\lITpr shall include canopy, understory nnd gnllllHI
cuver which cun~ist of IJleSel\'cd pxi!;!ing vegetation or planted native species.
This wetland protection buffer lakes precedence over lhe !>horeline prulectiun
buffer nnd thereffln~ willlJleet or excecd the requirements of the shoreline pro-
tection bufTer section. 1I0we\'cr, said buffer shall be considered a porlion of the
required minimum yard. (Onl. No. 87-1<1, !i X-'UV, 6-18.87; Oru. No. DO-3.J, 9 91,
9-27-90; Ord. 92-6, 9 LlC'C, 6-1-92)
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EXHIBIT "B"
9 823.00
APPENDIX D-ZONING OHDINANCE
9 823.00
.'
823.02. ShorcliTze Protcction:
(a) Hardcning of shorelinc:
The construction of vertical seawalls and bulkheads shall be :lllowcr) adja-
cent to arlificial waten\'ays in existence prior to June 18, 1987, provided that the
design of said seawalls :lnd bulkheads pzevellts the runoff of storlnwater into
artificial waterway. A storJllwater JII;lIIagement plan is required.
V(~Il.ical Iwaw;dh ;Ind Indldlf'arls ;111' prohibill'd :uljaccnl. to :111 0111l'r w;1I1'I"-
courses or water bodics except as may IJC waived by the counl.y council. lIard.
ening of the estuarine shoreline shall be nllowcd only whell erosion is cauliing a
serious significant thleat to life or property.
Other shoreline stabilization methods IIIny be used in lieu of vcrtical sea-
walls and bulkheads when hardcning of the shorelines is approved.
(b) ShoreliTl~ bufTer: A shoreline protection buffer fhall be established for a distance
exl.endin[{ 50 feet Jatl'rally IJpl;lIJd from lhr~ lIIe;lI1 high-water Jine. Wilhin Ihe buffer
zone, no d.eveIoplllcnt sh;1I1 be Ill'rllliUedl'xCI'pt for an allowance I'll!' reasonable ac.
cess. See subsection (c) below.
(c) Reasonable access to zcoter:
No more than 20 percellt or 25 fect, whichever is greater, of the shorelinc
within property boundaries may be altered for reasonable access. The remaillder
of the shoreline shall be JIIaintained ill unaltered native \"eget~ition.
Heasonable :JC'Cess may include duck~, boat ramps, pervious walkwHYs and
elevated walkways which pro\-ide the property owner with reasonable access to
the water.
All portions of the shoreline which cont.ain wet/and vegetation arc subject t.o
the wet/ands protection requiremcnts.
(el) Impervious sllTlace: No more t1wn 30 percent impervious slIrf:lce shall be Hllowed
within 100 feet of the mean high-water line. (Onl. No. 87-11, 9 XXIV, G.18-8'1; Ord.
No. 89-20, ~ XLVI, G.8.89)
823.03. Landscaping: NotwithstruHlin[j any othcr provision of t.his ordinance to the con-
trary, all development shall contain a minimum of 35 percent open space within properly
boundaries, landscaped with existing native vcgcl.atiun whieh is indigenous t.o this ai-ea or
planted native specic~, ill accollhncc to a li~;t. of :Il'(,l'plablc ~I)('ci('s m'ailabJc in t.he pJ;lIInill'~
and wniJI[~ uflice. (Onl. No. WI-],I, ~ XXIV, (;.llll\'l; UIlI. No. !IO-3.1, S !I2, U.2'1.nO)
"-...;
823.01. Storm water Controls: Not.withsl.andinfj the provisions of nrUcle VJlI of 'he laz{d
developlllcnt code (nppcnuix 1\1 illdivitlu:d r,ingJe.f:lInily anti duplex residential dwellings or
additions thereto and/or necessary structures containing a total of 250 square feet in size oz'
more, not previously includcu in a storlnwater nwn:lgement plnn, shall provide a volume of
retention equivalent to one.half inch of depth over the entire site or lot. Prior (0 the issu:lnce
of a building permit, an applicntion on a form pre[mre.d by the county engineer shall be
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EXHIBIT "B"
~ 823.00
VOLUSIA COUNTY CODE
~ 823.00
.'
submitted to the engineer for review. Said engineer mrlY npprove, mollify or deny the rlppli.
cation. Appeals of denial by the county engineer shnll follow the procedure for an appeal of the
zoning enforcement ollicinl under article X of this ordinance. The county council by resolution
may establish the fee for this application. (Ord. No. 87-14, ~ XXIV, 6-18-87; OnJ. No. 88-2, S
XXXI, 1-19-88; Ord. No. 89-20, !? XLVJI, 6-8-89; anI. No. 90-34, !? 93, 9-27-90)
82.3.05. Wastewater Treatmcllt 1)lmlt.'; (/lIci Oil-Site Waste Disposu[ Systems:
(a) FnclUlge wastewater treatment plants IlIrlY be permitted if the plant is designed to be
transformed into a pump s!.ntioll when public central wastewater facilities are avail-
able iilthe area, provided !.hat srlhl availrluili!.y is to be not more than 10 years distant
from issuance of development order. Said package plants are to be dedicated to the
entity to be responsible for providinl~ central regional service and are to be con.
slrucled to the requirements specified by said enti!.y.
(b) Septic tanks, if permitter! for new single-family lots shall be located in cOlJlpliance
with chapler ] 0))-(; of III(! Florida Adlllinislrativc Code. The septic tank system shall
be designed to cOllned 10 a CI'nlral sewer Jine whell cl'ntral scwer s('rvices IWClllI'"
available. The septic tank SydCIIl :1Ilr! dr:tin(jeJd shall be as frlr removcd :IS possible
from the shoreline of a class]] water body or its tributaries.
(c) For that portion of !.he Inmier island falling within the overlay 7.One, nerobic wrlsle.
waler tJ:eatment units or alternative systems [Ipproved by the health uep:utlllellt
shall be required, until such time as centrn) sewer service becomes available, on lots
that are either within 200 feet of the shoreline of Mosquito Lnr;oon or consist of one
of the following soils: Callfl\'eral sand, Cassia fine sand, or IJyuraqucll!.s.
For that portion of the mainland, Crist of U.S. 1, which is within the o\"l'rby
zone, aerobic wastewater treatment units or alternative systems nppro\"ed by lhe
health department shall be required on lots that are located within 200 feeL of tile
shoreline of Mosquito Lngoon. These on.site waste disposal systems are required
for lots which are in excess of 200 feet frolll the shorelinc of Mosquito Lngoon
provided that said lots have less than 10,000 square feel of area and consist of an)'
onc or more of the following soils:
Canaveral sand
Cassia fine snlHl
] Jydraq\lcnts
Myaldta fine s:\Ild
Quartzippaml11ents
Turnbull muck
Turnbull variant S:1IIU
Pompano-Placid complex
Myakka variant fine sand
Placid finc sand, depressional
Dnsinger fine sand, depressional
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~ane M. Matousek
volusia County, Clerk of Court
EXHIBIT "B"
. "
~ 823.00
APPENDIX B-ZONING ORDINANCE
~ 824.00
. .
:;'
ImmokaJee sand
My~ . St. Johns complex
ImmokaJee sand, depressional
Tuscawilla sand
Pompano fine sand
Riveria fine sand
Wabasso fine sand
Chobee fine sand
Any transitional soil with a seasonal high.water table within 12 inches of the soil
surface
I
(d) On.site waste disposal systems are not permitted where connection to a central system
of wastewater collection and treatment is available.
A municipal, county-owned, or investor.owned sewerage system shall be deemed avail.
able for connection if all of the following requirements are met:
The system is not under a Florida Department of Environmental Regulation
moratorium;
.,:. :' ~
r:. .:;~
',- ~..~':'
For estimated sewage flows of 600 or less gallons per day, a sewerage system
shall be considered available if a sewer line exists in a public easement or right-
of-way which abuts the property, and if gravity flow can be maintained from the
building drain to the sewer line.
For estimated sewage flows exceeding 600 gallons per day, a ~ewerage system
shall be considered available if a sewer line, force main, or lift station exists in a
public easement or right.of.way which abuts the property or is within 100 feet of
the property:
The sewerage system has adequate hydraulic capacity (i.e., complies with the
county's adopted level of service standard) to accept the quantity of sewage to be
generated by the proposed development. (Ord. No. 87.14, ~ XXIV, 6-18.87; Ord.
No. 89-20, ~ XLVII, 6.8.89; Ord. No. 90.34, ~ 94, 9-27.90)
823.06. Reduction of Shoreline Buffer: Platted single. family lots in existence on the ef.
fective date of this amendment may apply a 10 percent reduction to the shoreline buffer. (Ord.
No. 87.14, ~ XXIV, 6-18-87; Ord. No. 89-20, ~ XLIX, 6.8-89)
c~,
.
823.07. Removal of Vegetation: The removal or stripping of native vegetative cover from
a vacant lot is.prohibited u~less said action is pe'rformed in conjunction with the development
of the building premises in a manner consistent with an approved development order or
building permit; or upon authorization of the zoning enforcement official for minor land.
scaping project.s. (Oed. No. 90.34, ~ 95, 9.27.90; Ord. No. 91-11, ~ XXVIII, 5.16.91)
~2>F.90~ource management area. . ." ....-.-/..
Purpose and Intent: Tlle'pUrpose-oI th.is.-5eetion-i~ Lv plvvldriegulntiuns to manage and
enhanctlhose-lendniJ1a waters which, bec;useofpnstdeveiopmeriUren.d.s and physiographic
~
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034182
~
03/15/1995 10:26
,. "~st rument # 95034183
....oak: 3990
Page: 885
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this ({J ,j/L--- day of
/i'd/,J_ , 19~ by and between, the CITY OF EDGEWATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgewater, Florida 32132, (hereinafter referred to as "City") i and
NORMAN W. and MARGARET P. DANIEL, 102 Palm Breeze Drive, Edgewater,
Florida 32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit Ai and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement are
Parcels of approximately .22, .245 and .223 acres located on Palm
Breeze Drive. There is a single-family residence on Parcel 23.
Parcel 22 and 24 are vacant. The property is more specifically
described in the legal description which is attached hereto and
incorporated by reference as Exhibit A.
2. PERMITTED USES
Parcel 22 and approximately one half of Parcel 23 is currently;
zoned R-3 (Residential) by Volusia County.
The other half of
Parcel 23 and Parcel 24 are zoned B-9 (Commercial).
Attached
hereto and incorporated by reference as Exhibit B is a list of the
permitted uses and the restrictions and densities which will be
applicable to further development of the property until such time
as the City amends its comprehensive plan to recognize the
incorporation of the property.
Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.Daniel)
December 2, 1994
1
EXHIBIT "D"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
(annexation\PalmBreeze.Daniel)
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continue to apply. Further, the failure of this Agreement to
address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council.
The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\palmBreeze.Daniel)
December 2, 1994
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
;1 r;;---'"
;:.,
",\\.\ ~~ ~~
Susan J.~Wadsworth
City Clerk
APPROVED FOR FORM
AND CORRECTNESS:
,tft~
City Attorney
Witnessed by:
OWNER:
. l "-j
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W1tness named typed
/1 1/
L~~j pc~
// _''/' pJ
/~( C:, ( v') /-".<//V----
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(~i ..' 1 ) \< (,. l ' / ( ~
Witness named typed
" I (\)
u_>t "
Daniel
/\
i
STATE OF
COUNTY OF
~ --;/ )" c ( "0 It
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',. I:~-'" U '> I j
,,(The foregoi g instrument was acknowledged before me this
r ;)"!.. - day of \ 12, oJ)/}'.... ~c----- , 1994, by NORMAN W. DANIEL
and MARGARET P. NIEL, his wife, who are personally known to me'~
_who ,.., has produced as-
identifieati-on-and who did (did not) take an oath.
~ ; " ,j
. -;---.. ", / ~v /'
.~ cL--iC;-:; . - .' :7.) -)-C '~
Notary Pu~lic
._' _"'" i j
~~~;1~~~~'~y~~ 1(0 () ~
......,~... Bmv"A, 6R0i5K-~
!Ii .,.~'f ~ '"
r.#(~:&' "~~1 MY COMMISSION' CC 322206
;..: to. EXPIRES: November 16. 1997
~i~~'t}' Bonded Thill NolaIy PublIc UnclelWlll8rs
',Ru,""
Seal/Stamp:
(annexation\PalmBreeze.Daniel)
December 2, 1994
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EXHIBIT "A"
LEGAL DESCRIPTION
LOT #22: Commence at the intersection of the South line of U. S.
Lot 6, Section 2, Township 18 South, Range 34 East, and the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
89056'40" East 99.09 feet along said South line; thence North
77009'50" East 275.97 feet for the Point of Beginning; thence North
77009'50" East 87.95 feet; thence South 12050'10" East 115.04 feet;
thence South 79007' West 88.0 feet; thence North 12050'10" West
112.04 feet to the Point of Beginning.
LOT #23: Commence at the intersection of the South line of U. S.
Lot 6, Section 2, Township 18 South, Range 34 East, and the
Easterly Right-of-Way line of U. S. Highway No.1, thence South
89056'40" East 99.09 feet along said South line; thence North
77009'50" East 185.52 feet for the Point of Beginning; thence North
77009'50" East 90.45 feet; thence South 12050'10" East 112.14 feet;
thence South 79007' West 90.5 feet; thence North 12050'10" West
108.96 feet to the Point of Beginning.
LOT #24: Commence at the intersection of the South line of U. S.
Lot #6, Section 2, Township 18 South, Range 34 East, and the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
89056'40" East, 99.09 feet along said South line; thence North
77009'50" East, 92.87 feet for the Point of Beginning; thence North
77009'50" East, 92.65 feet; thence South 12050'10" East, 108.96
feet; thence South 79007' West, 92.7 feet; thence North 12050'10"
West, 105.8 feet to the Point of Beginning.
Together with the right of use of the following described easement.
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East, and the Easterly
Right-of-Way line of U. S. Highway No.1; thence South 89056'40"
East 99.09 feet; thence North 77009'50" East 489.62 feet; thence
North 85012'50" East 463.92 feet; thence S 25018'40" E 164.21 fee~
to the South line of said U. S. Lot 6, thence S 89056'40" E 17.29
feet along the South line of said U. S. Lot 6, thence N 64041'20~
E 34.38 feet; thence N 25018'40" W 360 feet; thence N 64041'20" E
174.52 feet; thence N 25018'40" W 36.55 feet; thence S 64041'20" W
209 feet; thence S 77009'50" W 16 feet; thence S 25018'40" E 175
feet; thence S 85012'50" W 448.73 feet; thence S 77009'50" W 487.50
feet; thence N 89056'40" W 118.65 feet to the Easterly Right-of-Way
line of U. S. Highway No.1; thence S 26041'40" E 55.99 feet along
said Easterly Right-of-Way line of U. S. Highway No.1, to the
point of beginning. All lying and being in Township 18 South,
Range 34 East.
(annexation\palmBreeze.Daniel)
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EXHIBIT "B"
J.":" .
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Arlo VII
VOLUSlA COUNTY CODE
Art Vll
.
Recreational o.reas (refer to seclion 817.00(c)). (Ord. No: 92-6, ~ XVlI
\ I'
Sc 0015, paroclli'al or privale (refer Lo section 817.00(d)).
Zero ot line residential subdivisions (refer Lo seclion 817.00(h)).
Dimens. ~al Requirements:
Minimum ~,size:
Area: 12,bQo square feet.
Width: 100 'r\t
Minimum yard s~~~
Fron~ yard: 30 fe\t.
Rear yard: 20 perc\~Of lhe depth of lhe lol, b t nol Jess than 20 feel.
Side yard:
AbuUing any lol: Q feel combilled,Z" mum of 8 feel on anyone side. (Ord. No.
81.39, ~ X, l1'1b~1)
Abulling any street: 30 feel.
Walerfron~ yard: 20 percen~of lol de h bul nol Jess Lhan 25 feet, or lhe required
shoreline buffer, whichev~ is gr, aLer. (Ord. No. 82.20, .~ XIII, 12.9.82j Ord. No.
90.34, ~ 15, 9.27.90)
M~imum building height: 35 feel.' \ ...
Ma.r.imum tol couerage: 'fhe lolall area ~vered with principal and accessory buildings
:'shall no! exceed 35 percen!. \. i
Minimum floor arta: 1,200 s are reet lOrd. No. 81.39, !i X, 1l-l9.81l .,
0((-5''''' Porh ing and Load: 'g n'qui..." ,nlS: o~!ree! parking and loading area. meeU ng
lhe requirements of sedions 10.00 ond 811.00 shall be conslrucled. lard. No. 90.34, ~ 15,
9.27.90)' \
Ground signs (rer lo seclion 822.00 el seq. for addition~regulations). (Ord. No. 86.16, ~
IX, 10.23.66 . \
Projecting 5i (refer La section 822.00 el seq. for addilional'r{gulations). (Ord. No. 86.16,
~ IX. 10. 3.86). \ .
Temporary: signs (refer to section 822.00 et seq. for additionM regulations). (Ord. No.
86.1 ,!i IX, 10.23.86) \ .
.~~.(I~.~;URBAN f?i.u9~f::F.~.~'Y.:
RESIDENTIAL CLASSIFICATION
Purpos~ and. Jnl~nl: The purpose and inlenl of the R-3 Urban Single.FamUy Residenlial
CJassilicalion, ~s lo provide mediu":,.low.densily residenlial developments, preserving lhe char.
acler of existing or proposed residential neighborhoods.
Supp. No. 65
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EXHIBIT "B"
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(-." ",'
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Art. Vll
APPENDIX B-ZONING ORDINANCE
Art. VlI
,.)
, .
Permitted Principal Uses and Structure: In the R.3 Urban Single.Family Residenli~l
Classification, no I~remises shall be used except Cor the following uses and their cuslomnry
accessory uses or strudures: '
Cluster subdivisions (reCer to seclion 828.02) (Ord. No. 90.34, ~ 16, 9.27.90)
Essential utility services. (Ord. No. 84-1, ~ III, 3.8.84)
Exempt excavations (refer lo section 817.00(0)) and/or lhose which comply with article VlII
oC the Land Development Code of Volusia'County (appendL"( AI and/or final sile plan
review procedures oHhis ordin2.J1ce. (Ord. No. 84-1, ~ 111,3.8.84; Ord. No. 89-20, ~ VI,
6-8-89; Oed. No. 90.34, ~ 16, 9-27-90)
Exempt landfills (refer to section 817.00(p)). (Ord. No. 89.20, ~ VI, 6.8-89; Oed. No. 90.34,
~ 16, 9-27.90)
Fire stations. (Ord. No. 92.6, ~ XVIII, 6.4.92)
Home occupations, cIas! A (refer to section 807.00).
Parks and recreational areas accessory to residential developments.
Public schools. (Ord. No. 92.6, ~ XVIII, 6.,(.92)
Publicly owned parks and recreational arens. (Ord. No. 92.6, ~ XVIII, 6-'{.92)
Publicly owned or regulated water supply wells. (Ord. No. 92.6, ~ XVIII, 6.4.92)
Single.family slandard or manuCaclured dwelling. (Ord. No. 84',1, ~ X, 3.8.84)
Permitted Special Exceptions: Additional regulations/requirements governing permitted
special exceptions are located in seclions 817.00 and 1104.00 oC this ordinance. (Ord. No. 90.34,
~ 16, 9.27.90) .
Antennas exceeding 70 feel in height above ground level.
Bed and breakfast homeslay (refer Lo section 817.00(s)). (Ord. No. 90-34, ~ 16, 9.21.90)
Day care centers (refer to section 817.00(0). (Ord. No. 90.34, ~ 16, 9.27.90)
Excavations only Cor slonnwaler retention ponds Cor which a permit is required by this
ordinance. (Ord. No. 84.1, ~ VII, 3-8-84; Ord. No. 89.20, ~ VII, 6.8.89)
Garage apartments.
Houses of worship and cemeteries (refer to section 817.00(d)).
OfC-street parking areas (refer lo seclion 817.00(n)). (Ord. No. 85.2, ~ I, 3.14-85; Ord. No.
90.34, ~ 16, 9.27-90)
Public uses not listed as a permitted principal use. (Ord. No. 92.6, ~ XVIII, 6.,(.92)
Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84.1, ~ 111,3-8.84)
Recreational areas (refer to section 817.00(c)). (Ord. No. 92.6, ~ XVIII, 6.4.92)
Schools, parochial or private (refer to sectIon 817.00(d)).
Zero lotlille residential subdivisions (refer lo section 817.00(h)).
Dimemional Requirements:
Minimum lot siu:
'Area.:.l0,OOO square feet
Width: 85 feet.
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Minimum yard size:
Front yard: 30 feet
Rear yard: 20 percent of the depth of the lot but not less lhan 20 feel.
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Art VII
VOLUSlA COUNTY CODE
Art VII
. -
, Side yard; .
AbutUng any lot: 20 feet combined, minimum of 8 feet on anyone side. (Ord. No.
81.39, ~ Xl, 11.19.81)
~bulling any street: 30 feet.
Walerfront yard: 20 percent of 'lot deplh but not less lhan 25 feet, or the required
shoreline burrer, whichever is greater. (Ord. No. 82.20, .~ XlII, 12.9.82; .Ord. No.
90-34, ~ 16, 9.27-90)
Maximum building height: 35 feet.
Mcu:imum 101 coverage: The lotallot area covered wHh principal and nccessory buildings
shall not exceed 35 percent. '
Minimum {loor C!-rea: 1,000 square feel. (Ord. No. 81-39, ~ Xl, 11-19.81)
Off-SIred Par/ling and Loading Requiremwts: Orr.streel parking and loading areas meeting
the requirements or seclions 810.00 nnd 811.00 shall be conslructed. (Ord. No. 90.34, ~ 16,
9.27-90)
Types of Signs Permitted:
Ground signs (refer Lo sedion 822.00 et seq. for addilional regulalions). (Ord. N~: 86.16, ~
IX, 10.23-86)
Projecling signs (refer Lo section 822.00 et seq. for ndditional regulations). (Ord. No. 86.16,
~ IX, 10.23.86)
Temporary signs (refer lo sedion 822.00 et seq. for additional regulations). (Ord. No.
86.16, ~ IX, 10-23-86)
R." URBAN SINGLE.FAMILY
RESlDENT~ CLASSIFICATION
Purpose and Intent: The purpose and intent of lhe R-4 Urban Single-Family Residential
Classificotion is lo provide medium-density residenlial developments, preserving Lhe char-
acler of existing or proposed residential neighborhoods. '
Permitted Principal Uses and Structures: In the n-" Urban Single.Family Residential
Clossificolion, n~ premises shall be u'sed exc,cpl for the following uses Bnd their cuslomory
accessory uses or slruclures:
Clusler subdivisions. (refer to section 828.02). (Ord. No. 90.34, ~ 17, 9.27.90)
Essenlinl ulility services. (Ord. No. 84-1, ~ Ill, 3.8,B.s) .
Exempl excavations (refer lo section 817.00(0)) nnd/or those which comply wilh arUcle VIII
or lhe Land Development Code or Volusia County [appendix A] and/or final sile plan
review procedures oflhis ordinance. (Ord. No. 84-1, ~ JII, 3-8-84; Ord. No. 89.20, ~ VI,
6-8-89; Ord. No. 90-34, ~ 17, 9.27.90)
Exe~pt landnlls (refer to section 817.00(p)). (Ord. No. 89.20, ~ VI, 6-8-89; Ord. No. 90,34,
~ 17,9:27.90)
Fire slallolls. (Ord. No. 92-6, ~ XIX, 6-4.92)
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Art. VlI
APPENDIX B-ZONING ORDINANCE
Art. VlI
.'
B.9 GENERAL OFFICE CLAS.SIFICATION*
Purpose and Intent: The purpose and intent of the B-9 classification is to provide areas for
general office use. It is intended that this classification apply to suitable properties which are
situated in urban areas to provide a transitional area between residential development and
more intensive land uses.
.r;.'.!)
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:"i:';:
Permitted Principal Uses and Structures: In the B-9 General Office classification, no
premises shall be used except for the following uses and their customary accessory uses or
structures:
Essential utility servIces.
Exempt excavations (refer to section 817.00(0)) and/or those which comply with article VlJI
of the land development code .of Volusia County [appendix A) and/or final site plan
review procedures of this ordinance. (Ord. No. 90-34, ~ 38, 9-27-90)
Exempt landfills (refer to section 817.00(p)). (Ord. No. 90.34, ~ 38, 9-27-90)
Financial institutions.
Fire stations. (Ord. No. 92.6, ~ XL, 6-4-92)
General offices.
Government.sponsored civic centers. (Ord. No. 92.6, ~ XLI, 6-4.92)
Libraries. (Ord. No. 92-6, ~ XLI, 6.4-92)
Public schools. (Ord. No. 92-6, ~ XLI, 6-4-92)
Publicly owned parks and recreational areas. (Ord. No. 92-6, ~ XLI, 6-4-92)
Publicly owned or regulated water supply wells. (Ord. No. 92-6, ~ XLI, 6-4.92)
Permitted Special Exceptions: Additional regulations/requirements governing permitted
special exceptions are located in sections 817.00 and 1104.00 ofthis ordinance. (Ord. No. 90-34,
~ 38, 9.27-90)
Antennas exceeding 70 feet in height above ground level.
Houses of worship and cemeteries (refer to section 817.00(d)).
Nonexempt excavations (refer to sedion 817.00)(0). (Ord. No. 90-34, ~ 38, 9.27-90)
Professional or trade schools related to permitted uses (refer to section 817.00(b)).
Public uses not listed as a permitted principal use.
Public utility uses and structures (refer to section 817.00(a)).
Dimensional Requirements:
Minimum project size:
Area: 20,000 square feet.
Width: 100 feet.
}'{inimum yard size:
Front yard: 35 feet.
I
Rear yard: 20 feet, unless abutting a residential classification, then 35 feet
+Editor's note-The B.9 district was added by ~ XIV oC Ord. No. 89-20, adopted June 8,
1989.
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Art. VII
VOLUSIA COUNTY CODE
Art. VII
Side yard: Abutting any lot, 10 feet, unless abutting a residential zoning classification
or a street, then 35 feet.
Waterfront yard: 25 feet, or the required shoreline buffer, whichever is greater. (Ord.
. No. 90-34, ~ 38, 9-27-90)
Maximum building height: 35 feet.
Maximum lot coverage: The total lot area covered with principal and accessory buildings
shall not exceed 35 percent..:
Off-Street Parking and Loading Requirements: Off-street parking and loading areas meeting
the requirements of section 810.00 shall be constructed. (Ord. No. 90-34, ~ 38, 9-27-90)
Landscape Burrer Requirements: A landscaped buffer area meeting the requirements of
section 808.00 shall be constructed.
Final Site Pl~n Requirements: A final site plan meeting the requirements of article III of
the Land Development Code of Vol usia County [appendL't A] is required.
Types of Signs Permitted:
Ground signs (refer to section 822.00 et seq. for additional regulations).
Temporary signs (refer to section 822.00 et seq. for additional regulations).
Wall signs (refer to section 822.00 et seq. for additional regulations).
BPUD BUSINESS PLANNED UNIT DEVELOPMENT.
[REPEALED]
I-I LIGHT INDUSTRIAL CLASSIFlCATIONt
Purpose and Intent: he purpose and intent of the 1.1 Light Industrya Classification is to
provide sufficient space in o~propriate locations for industrial o~f8tions engaged in the
fabricating, repair or storage of'~anufactured goods of such a n (u're that objectionable by.
products of the activity (such as odoi);smoke, dust, refuse, elec o.magnetic interference, noise
in excess of that customary to loading, ~J1I{)f:lding and hand' 19 of goods and materials) are not
nuisances beyond the lot on which the faciJit.Y'~'s Joc~. ;'
Permitted Principal Uses and Structures. In J1'o I-I Light Industrial Classification, no
premises shall be used except for the (OZIOWin . dusb:i~ses and their customary accessory
uses or structures: ~
.Editor's note-The BPUD rel59J tions were added by ~ xn (Ord. No. 85.24, adopted
Oct. 10, 1985, amended b7Yhe (01 "Wing:
Ord. No. Date -Section Ord. No. SecUoll
86-16 10-23.;!1. X, XIII 88-2 1.19-88 V
87-14 ~..Jlj-87 VlI 89-20 6- 8-89 Vl, XVI
and repealed by j44 of Ord. No. 90-34, adopted Sept. 27, 1990. See now the PUD reln1Jations
of this artic~/ "'-
. tE~tdr's note-Uses deleted from the I-I classification were derived from 'the follo),i~g
ordmartces: Ord. No. 81-1, ~ I, adopted Jan. 15, 1981, and Ord. No. 84-1, ~ XXVI, adopted Malo"
71684.
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~ 822.00
APPENDIX B-ZONING ORDINANCE
~ 823.00
(5) Temporary banner signs erected in accordance with this section shall zot exc ~
30 square feet in copy area. .'
(b) ~ersion of temporary sign into permane;tt signs: Temporary signs (i~ ai~g por-
tabl igns) may be converted into permanent signs to be use~dor a f purpose per-
mitted this ordinance in accordance with the following requir ents:
(1) All re lations contained in this 'ordinance applying to ecti~n of new perma.
nent sign shall apply to conversion of signs, includin all permit requirements.
(2) All exposed t. ailer frames, legs, service walkways tc., shall be removed. (Ord.
No. 86.16, ~ , 10-23-86; Ord. No. 90.34, 87, 9-27-9.0; Ord. No. 91-11, ~
XXV, 5-16-91)
822.12. Shielding: The sourc o,f illumination fron f}1 sign shall be shielded in order to
prevent a direct beam of light from ~ining onto a eet or a residential single.family, two.
family, or multifamily dwelling. (Ord. o. 86.16, lV, 10.23.86)
822.13. Sign Permit Application and 11 er: It shall be unlawful to erect a sign grealer
than 16 square feet in copy area unless exel ted under section 822.01 without first applying
for a sign permit from the planning a.nd z ling epartment. Upon approval of the sign permit
application by the zoning enforcement tidal, a Sl 1 permit number shall be issued. Said sign
permit application and number shall e forwarded 1 he department of development and code
administration for issuance of a iIding permit if quired and payment of the building
permit fees. The permit number hall be aff1xed to the ower right.hand corner of the sign.
(Ord. No. 86-16, ~ JC?OUV, 10- .86; Ord. No. 90-34, ~ 88, .27-90)
822,,14. Sign Permit Re ewal Fees. Except as otherwise ~vided in this ordinance, a sign
permit shall be valid for years from the date of issuance. Th~eafter, a sign permit may be
reissued for the same 'gn for each successive biennial period ~n payment of the permit
renewal fee and late ee, if the permit was not renewed prior to 'ts expiration. It shall be
unlawf~l to maint . any sign without Bll original or renewed sign p ~m!t. The reissuance of
a permit does no waive any other requirements of this ordinance. I~s the intent of this
provision that e zoning enforcement oHicial may inspect signs stib~ect to't{1e permit renewal
fee in order to scertain if any changes have been made to the sign sinte issuahce of the permit,
or renewal ereor, so as to ensure continued compliance with this ordirlance. ~;d. No. 86-16,
~ XXXIV, 0-23.86; Ord. No. 90-34, ~ 89, 9-27-90; Ord. No. 92.6, ~ LXVlIJ, 6-4'~2) ,
82 5. Nonco1lforming Signs: All nonconforming signs shall only be \ade \c~)J)form
\vith is ordinance when structurally nItered, or when said signs are deslro)'ed 'ot dalllo'ged by
" \
wi , fire, or other means to the extent of 60 percent or more of their replacement v~lue; <--Ord.
o~ 86.16, ~ XXXIV, 10-23-86) ~. \
. , .
Sec. 823.00. Indian River Lagoon Surface Water Improvements and Management
Overlay Zone.
Purpose, Intent and Boundaries:
The purpose' of this section is to provide regulations to protect and improve the water
quality of the Indian River Lagoon. This water body contains waters designated as class
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~ 823.00
VOLUSIA COUNTY .cODE '
~ 823.00
II by the Florida Department of Environmental Regulation in accordance with rule 17.
3.161, Florida Administrative Code, and the only waters in Volusia County designated for
specialprotection by Florida legislation pursuant to the Surface Water Improvement and
Management Act (SWIM). Additionally, these waters have been designated as an "estuary
of national significance" by the U.S. Environmental Protection Agency. Said class II
designation authorizes shellfish propagation and harvesting. Said water quality criteria
applicable to this class are designed to maintain the minimum conditions necessary to
assure the suitability of water for the designated use of the classification. The regulations
in this se~tion are designed to reduce the negative impacts of development adjacent to the
Indian River Lagoon and protect this vital natural resource and the shellfish harvesting
industry in this 'area.
Notwithstanding any other provisions of this ordinance to the contrary, these regu.
lations are supplementary thereto.
An overlay zone is hereby established and the regulations hereinafter provided shall
apply in said zone and all zoning classilications established in article VII of this ordinance.
The official zoning map shall identify the overlay zone by adding the leller "W" as a suffix
to the zoning classifications within the boundaries of said overlay zone.
Said boundaries of the zone are as follows: That portion of the unincorporated area of
Volusia County, Florida, bounded on the north by the southern city limits of the City of
. .
New Smyrna Beach; on the east by the Atlantic Ocean; on the west by U.S. Highway 11
and on the south by the Brevard County line. (Ord. No. 87.14, ~ XXIV, 6.18-87; Ord. No.
90-34, ~ 90, 9-27.90; Ord. 92.6, ~ LXIX, 6-4-92)
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823.01. Wetlands Preservation:
(a) Performance standards: No more than 10 percent of the wetlands upon any lot which
is within the landward extent of the surface water of the state shaJI be disturbed,
whether filled, cleared or otherwise altered.
(b) All wetlands occurring within this overlay zone shaJI be preserved and mitigated in
accordance with article XI of the land development code [appendix A).
(c) Wetlands protection buffer:
A wetlands protection buITer shall be established for a distance of 2~ feet
laterally upland from the upland limit of any wetland.
The wetlands protection buITer shall include canopy, understory and ground
cover which consist of preserved existing vegetation or planted native species.
This wetland protection buffer takes precedence over the shoreline protection
butTer and therefore will meet or exceed the requiren-ienls of the shoreline pro-
tection butTer section. Ho\vever, said buffer shall be considered a pprtion of the
required minimum yard. (Ord. No. 87-14, ~ XXIV, 6-18-87; Ord. No. 90-34, ~ 91,
9..27.90; Ord. 92.6, ~ LXX, 6.4-92)
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EXHIBIT "B"
~ 823.00
APPENDIX B-ZONING ORDINANCE
~ 823.00
t .
823.02. Shoreline Protection:
(a) Hardening of shoreline:
The construction of vertical seawalls and bulklleads shall be allowed adja-
cent to artificial waterways in existence prior to June 18, 1987, provided that the
design of said seawalls and bulkheads prevents the runoff of stormwater into
artificial watenvay. A stormwater management plan is required.
Vertical seawalls and bulklleads are prohibited adjacent to all other water-
courses or water bodies except as may be waived by the county council. Hard-
ening of the estuarine shoreline shall be allowed only when erosion is causing a
ser'ious significant threat to life or property.
Other shoreline stabilization methods may be used in lieu of vertical sea-
walls and bulklleads when hardening of the shorelines is approved.
(b)' Shore1i'ntr buffer~ A shoreline protection buffer shall be established for a distan,ce
extending 50 feet laterally upland from the mean high-water line. Within the buffer
zone, no development shaH be permitted except for an allowance for reasonable ac-
cess. See subsection (c)' below.
(c) Reasonable access to water:
-:~.'
No more than 20 percent or 25 feet, whichever is greater, of the shoreline
within property boundaries may be altered for reasonable access. The remainder
of the shoreline shall be maintained in unaltered native vegetation.
Reasonable act:ess may include docks, boat ramps, pervious walkways and
elevated walkways which provide the property owner with reasonable access to
the water.
All portions of the shoreline which contain wetland vegetation are subject to
the wetland~ protection requirements.
(d) Impervious surface: No more than 30 percent impervious surface shall be allowed
within 100 feet of the mean high-water line. (Ord. N~. 87-14, ~ XXIV, 6-18-87; Ord.
No. 89-20, ~ XLVI, 6-8-89)
,; ,"
823.03. Landscaping: Notwithstanding any other provision of this ordinance to the con-
trary, all development shall contain n minimum of 35 percent open space within property
boundaries, landscaped 'with existing native vegetation which is indigenous to this area or
planted native species, in accordance to a list of ncceptable species available in the planning
and zoning office. (brd. No. 87-14, ~ XXIV, 6-18.87; Ord. No. 90-34, ~ 92, 9-27.90)
,
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823.04. Storm water Controls: Notwithstanding the provisions of article VIII of the land
development code [appendix AI individual single.family and duplex resideJitial dwellings or
additions thereto and/or accessory structures containing a total of 250 square feet in size or
more, not previously included in a stormwater management plan, shall provide Ii volume of
retention equivalent to one-half inch of depth over the .entire site or lot. Prior to the issuance
of a building permit, an application on n form prepare? by the county engineer shall be
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~ 823.00
VOLUSIA COUNTY CODE
~ 823.00
:
submitted to the engineer for review. Said engineer may approve, modify or deny the appli.
cation. Appeals of denial by the county engineer shall follow the procedure for an appeal of the
toning enforcement official under article X of this ordinance. The county council by resolution
may establish the fee for this application. (Ord. No. 87.14, ~ XXIV, 6-18.87; Ord. No. 88.2, ~
XXXI, 1.19.88; Oed. No. 89.20, ~ XLVII, 6-8.89; Oed. No. 90.34, ~ 93, 9-27.90)
823.05. Wastewater Treatment Plants and On.Site Waste Disposal Systems:
(a) Package wastewater treatment plants may be permitted if the plant is designed to be
transformed into a pump station when public central wastewater facilities are avail.
able in the area, provided that said availability is to be not more than 10 years distant
from issuance of development order. Said package plants are to be dedicated to the
entity to be responsible for providing central regional service and are to be con.
structed to the requirements specified by said entity.
(b) Septic tanks, if permitted for new single-family lots shall be located in compliance
with chapter 10D-6 of the Florida Administrative Code. The septic lank system shall
be designed to conned to a central sewer line when central sewer services become
available. The septic tank system and drain field shall be as far removed as possible
from the shoreline of a class II water body or its tributaries.
(c) F?r that portion of the barrier island falling within the overlay zone, aerobic waste.
water b:eatment units or alternative systems flpproved by the' health department
shall be required, until such time as central sewer service becomes available, on lots
that are either within 200 feet of the shoreline of Mosquito Lagoon or consist of one
of the following soils: Canaveral sand, Cassia fine sand, or Hydraquents.
.""
: . "
0, . .,
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For that portion of the mainland, east of U.S. 1, which is within the overlay
tone, aerobic wastewater treatment units or alternative systems approved by the
health depa~ment shall be required on lots that are located within 200 feet of the
shoreline of Mosquito Lagoon. These on-site waste disposal systems are required
for lots which are in excess of 200 feet from the shoreline of Mosquito Lagoon
provided that said lots have less than 10,000 square feet of area and consist of any
one or more of the following soils:
Canaveral sand
Cassia fine sand
Hydraquents
Myakka fine sand
Quartzippamments
Turnbull muck
Turnbull variant sand
Pompano-Placid complex
Myakka variant fine sand
Placid fine sand, depressional
Basinger fine sand, depressional
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~ane M. Matousek
Volusia County, Clerk of Court
EXHIBIT "B"
~ 823.00
APPENDIX B-ZONING ORDINANCE
~ 824.00
Immokalee sand
My~ . St. Johns complex
Immokalee sand, depressional
Tuscawilla sand
Pompano fine sand
Riveria fine sand
Wabasso fine sand
Chobee fine sand
Any transitional soil with a seasonal high.water table within 12 inches of the soil
surface
(d) On.site waste disposal systems are not permitted where connection to a central system
of wastewater collection and treatment is available.
":.': .
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A municipal, county-owned, or investor-owned sewerage system shall be deemed avail.
able for connection if all of the following requirements are met:
The systcm is not undcr a Florida Department of Environmental Regulation
moratorium;
For estimated sewage flows of 600 or less gallons per day, a sewerage system
shall be considered available if a sewer line exists in a public easement or right.
of.way which abuls lhe properly, and if gravity flow can be maintained from the
building drain to the sewer line. .
For estimated sewage flows exceeding 600 gallons per day, a ~ewerago system
shall be considered available iC a sewer line, force main, or lift station exists in a
public easement or right-of-way which abuts the property or is within 100 feet of
the property.
The sewerage syslem has adequate hydraulic capacity (i.e., complies with the
county's adopted level of service standard) to accept the quantity of sewage to be
generated by the proposed development. (Ord. No. 87.14, ~ XXIV, 6-18.87; Ord.
No. 89-20, ~ XLVII, 6.8.89; Ord. No. 90.34, ~ 94, 9.27.90)
823.06. Reduction of Shoreline Buffer: Platted single. family lots in existence on the ef.
fective date of this amendment may apply a 10 percent reduction to the shoreline buffer. (Ord.
No. 87.14, ~ XXIV, 6-18.87; Ord. No. 89.20, ~ XLIX, 6.8.89)
I
\.~....
823.07. Removal of Vegetation: The removal or stripping of native vegetative cover Crom
a vacant lot is.prohibited u'1less said action is pe.rCormed in conjunction with the development
of the building premises in a manncr consistent with an approved development order 01'
building permit; or upon authorization of the zoning enforcement official for minor land.
scaping projects. (Ord. No. 90.34, ~ 95, 9.27-90; Ord. No. 91-11, fi XXVIII, 5-16-91)
~ ..
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Sec. 2iJ;OO;.:.~ource management nren. ... .,/ .
Purpose and Intent: Tl1epUrp_o~_~ _o,Ubissection is.t(J.provJdn~gulatlon!l Unfiafiage'and
enhanc~Jhose lands fina ,vaters'~vhich, because of past deveiopment trends and physiographic
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03/15/1995 10:27
'.1st rument # 95034184
":'00 k: 3990
Page: 900
ANNEXATION AGREEMENT
tit--
FLORIDA, a municipal corporation, 104 N. Riverside Drive~
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
WILLIAM R. and BETTY A. BROOKS, 106 Palm Breeze Drive, Edgewater,
Florida 32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .247 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.Brooks)
December 2, 1994
1
EXHIBIT "E"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
I
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\palmBreeze.Brooks)
December 2, 1994
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address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and thei~
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered ln a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\palmBreeze.Brooks)
December 2, 1994
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
.t ,
Dated:
fbo / 9)
I I
APPROVED FOR FORM
AND CORRECTNESS:
~~
" ." - ./
I rista A. Sorey
City Attorney
witnessed by:
OWNER:
c.
i
V
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/
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"i'"_~./
Wil~~
Kyle Fegley
Witness named typed
(
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Kyle Fegley
witness named typed
STATE OF
COUNTY OF
FLORIDA
VOLUSIA
The foregoing instrument was
9th day of Decanber
BETTY A. BROOKS, his wife, who
has produced
identification and w-liQ-CllCi-Tdid -notl-take-an oati1:------
acknowledged before me this
, 1994, by WILLIAM R. and
are(personally known) to me or who
. ._..' u'" /
as
. ....
'JV" I........,~..I ,r. .
I (. .' <-
Notary P'ublic
<'\
(b-
Robin M. Wolf
Notary name typed
~<;.~~:'f~~, ROBIN MATUSICK WOLF
Seal/Stamp: t(~"'d MY COMMISSION ICC2e0688 EXPIRES
~~.~.~.: May 1,1997
".':1,,'if.,~'f..., BONDED THRU TROY FAIN INSURANCE, INC.
(annexation\palmBreeze.Brooks)
December 2, 1994
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904
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 20: Commence at the intersection of the South line of U.
S. Lot 6, Section 2, Township 18 South, Range 34 East and the
Easterly R/W line of U. S. Highway No.1; thence South 89056'40"
East 99.09 feet along said South line; thence North 77009'50" East
449.37 feet for the point of beginning; thence continue North
77009'50" East 40.25 feet; thence North 85012'50" East 53.92 feet;
thence South 4047'10" East 114.18 feet; thence South 79007' West
77.7 feet; thence North 12050'10" West 117.95 feet to the point of
beginning.
TOGETHER with the following described easement: Beginning at the
intersection of the South line of U. S. Lot 6, section 2, Township
18 South, Range 34 East and the Easterly R/W line of U. S. Highway
No.1; thence South 89056'40" East 99.09 feet; thence North
77009'50" East 489.62 feet; thence North 85012'50" East 463.92
feet; thence South 25018'40" East 164.21 feet to the South line of
said U. S. Lot 6; thence South 89056'40" East 17.29 feet along the
South line of said U. S. Lot 6; thence North 64041'20" East 34.38
feet; thence North 25018'40" West 360 feet; thence North 64041'20"
East 174.62 feet; thence North 25018'40" West 36.55 feet; thence
South 64041'20" West 209 feet; thence South 77009'50" West 16 feet;
thence South 25018'40" East 175 feet; thence South 85012'50" West
448.72 feet; thence South 77009'50 West 487.50 feet; thence North
89056'40" West, 118.65 feet to the Easterly R/W line of U. S.
Highway No.1; thence South 26041'40" East 55.99 feet along the
said Easterly R/W line of U. S. Highway No. 1 to the point of
beginning. All lying and being in Township 18 South, Range 34
East.
(annexation\palmBreeze.Brooks)
December 2, 1994
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EXHIBIT "B"
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Art Vll
VOLUSlA COUNTY CODE
Art. VII
.
ft:ecreaUonal ore9..!l (refer lo section 8 r/.OO(c)). (OnJ. No: 92.6, G XVII
S~I~015'I)arocilhu or prlvale (rerer Lo secUon 811.00(d)).
Zero ot Une resld,elltial subdivisions (rerer Lo sedion ~11.00(h)).
DimenJI ~ol RfqulrfltlenlJ:
Mbtimuna ~~ .i%<<:
Area: 12,bQo square reet.
Wldlh: 1001\1,
Minintum ;y~rJ J~:~ '
Front ya.rd: 30 Ce~.
Hear ya.rd: 20 perc), .t or lhe deplh or lhe lol, b t not leSll lhan 20 reet.
Slde yard:
81.39, f X, 11.1 ~1)
Abulting 9.ny slreel: 30 Ceel.
W.I.rrront yord. 20 I,.rc.nl:-.r 101 d. , h bulnot I... lhnn 25 r..I, or Iho r.qulr.d
,horeU... burr.r, which..~ is gr .I.r. (Ord. No. 82.20, ,I XIII, 12.9.82; Oul. No.
90.3", G 15, 9.21.90)
M..I"'.nI buildinll/uill/.r: 35 r.et.' \ ...
M""i",."./ol co."oll" 'l'h. lolal J ....n ~..r.d wllh principal and .cc.ssory building'
:.,hall not exc..d 35 p.rc.nt. \. :.:
Minimum floor oreo: 1,200 s are reel. (Ord. no. 81.39, f X, 11.19.01)
Off.srrul po.h;nll ond Leod: '11 n,q.I.",,,,"" o~\r..t p...ltlng and lo.ding .....; ",..Ung
Iho requlr.on.n15 or oocUon, 10.00 ond 811.00 ,hall bo con,lrucl.d. lard. No. 90.34, 9 16,
9.27.90)' \ .
Ground ,lgn5 (r.r 10 "cUon 822.00 .1 ,.q. ror oddlllonn\'.gul.Uon,). (Ord. No. 88.18, 1
IX, 10.23.66 .' \
Prol.cUng 01111 (rer.r 10 seclion 822.00 .1 'oq. ror oddlUonal ,,,gu I.Uonol. (Ord. No. 88.18,
G ~ 10. 3.86)' \ . .
oroonpor...y .lgn5 (rerer III ..cllon 822.00 01 "'I. ror addlllonM rogulallol1')' (Ord. No.
8G.1 ,f IX, 10.23.8G) 1 \.
.~.~,~~t.~;UnDAN ~y~~~~~F~~Fr
lLESWENTlAL CLASSIFICATION
. ;
.~.
PII'p." ."d. I"fo"" 'Ch. purposo Dud inl.,,1 .r II.. n.3 UrbOJ' Singl..fOJ"Uy lI.sld."UnJ
ClassificaUon, ~slo provide mediun".)ow.densily residential develoPlIlenh, preserving lhe char.
acter or exlsllng or llfoposed residential neighborhoods.
66
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EXIIlBIT "B"
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Arl. VII
APPENOlX B-ZONING OHDlNANCE
.
Art VII
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P.rrmWtd Prillcipal Usu alld Slruclurt: In lhe Jt.3 Urban Slngle.Famlly Resldenllal
Clas~i(jcnllon, no l~re",ise9 shnll be used except for lhe following uses Dnd lhelr ClI5LOll1nl-Y
nccessory uses or slruclures: '
Cluster subdivisions (refer lo section 820.02) (Ord. No. 90.3~, G 16, 9.21.90)
Essential ullmy service!!. (Ord. No. 8-\.1, ~ III, 3.0.8-1)
Exempl excavaUons (refer lo section 817.00(0)) alHl/or lhose which comply wHh arUcle VIII
or lhe Land DeveloJlmenl Code of Volusla'Counly (oppendL'( AI and/or finnl slle plan
review procedures orLhi!! ordinlmce. (Ord. No. M.I, ~ 11I,3.8.8-1; Ord. No. 89.20, t VI,
6.8.89, Ord. No. 90.3~, G 16, 9.2".90)
Exempt Illndrill!l (refer lo secllon 817.00(p)). (Ord. No. 89.20, G VI, 6.8.89; Ord. No. 90.3~,
G 16, 9.27.90)
Fire slaUol1!l. (Ord. No. 92.6, G XVIII, 6.".92)
Home occupaUo",;, clas!! A (refer lo seclion 807.00).
Parks 811d ~ecrealional n.reu accessory lo resldenUol developmenh.
Public schools. (Ord. No. 92.6, ~ XVIII, 6.-\.92)
Publicly owned IJark.9 aJld recreational areos. (Ord. No. 92.6, G XVIII, 6.".92)
Publicly owned or regulaLed woler supply wells. (Ord. No. 92.6, G XVIII, 6.".92)
S1ngle.flUnily slandard or manuraclured dwelling. (Ord. No. M.~, i X, 3.8.8~)
Pumilltd Sptcia~ ExctptiOtu: Addillona.1 regulalions/requlreml!nh governing permlUed
speclal exceptions are localed in section!l 617.00 ond 1104.00 or lhis ordinance. (Ord. No. 90.34,
:' ;:) 116, 9.21.90) .
.~:. Anlennu exceeding 70 feet in height nbove ground level.
Bed and breoJullSt homeslny (refer Lo section 017.00(s)). (Ord. No. 90.3~, ~ 16,9.21.90)
Doy care cenlers (rerer lo section 817.00(1)). (Ortl. No. 90.34, G 10, 9.27.90)
Excavations only for slormwaler relention ponds for which 11 permit h required by lith
ordinance. (Ord. No. M.l, fi VII, 3.8.84; Ord. No. 69.20, fi VII, 6.8.69)
Garllge npo..rtl11enh.
Houses of worship and cl!Iueterles (refer lo section 811.00(d)).
Off.sheet IJarking areB3 herer lo seclion 817.00(n)). (Ord. No. 65.2, i I, 3.B.8S; Old. No.
90.3", f 16, 9.21.90)
Public USe!I not IIsled M 11 perU\llled princlpal use. (Ord. No. 92.6, f XVIII, 6.".92)
Public utility uses and shuclure!l (refer lo seclion 817.00(3)). (Ord. No. 04.1, f 111, 3.8.M)
ltecreationa.l areas (refer lo section 011.00(c)). (Ord. No. 92.6, G XVIII, 6.".92)
Schools, parochial or plivnlo (refer lo sectIon 811.00(d)).
Zero lot Une rllShlenUal 5ub(~ivislon9 (refer Lo secUoll 017 .00(h)).
Dimensiollol R,quir'IIwlb:
. .
Mi1l1mumlol ,i%l:
'ArelC.I0,OOO square feet.
Width: 85 feet.
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. Minimum :yard ,iu:
Front yard: 30 feet
Rear yard: 20 percent or lhe deplh or thl! lot but not less l1UUl 20 feet.
Supp. No. 6S
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~ane M. Matousek
Volusia County, Clerk of ' Court
EXIIIBIT "B"
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Art. VIl
VOLUS[A COUNTY CODE
Art VII
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AbulUng any 101,20 r..1 cOlllbin.d, IIIlnlooulII or 8 r.ol on any ono .Ide. (Ord. No.
81.39, fi XI, 11.19.01)
~bulUng Rny slreel: 30 [eel.
W.l.rrronl y.rd: 20 p..conl or 101 deplh bul noli... llo.n 25 re.I, o. lloe r.qul..d
shoreline burrer, whichever is grealer, (Ord. No. 82.20,1 XlII, 12.9.82j .Ord. No.
90,34, fi 16, 9.27.90)
.'
MO.limurn building 'ad,"': 35 feet
U..I",un. /01 COOfrO," The lolnl 101.... cov..ed wlllo prlnclpnl and ecce550.y building.
shall not e:<ceed 35 percent
Minimum floor ,!reo.: 1,000 squue feet. (Ord. No. 81.39, G XI, 11.19.81)
O'f-SI"" Porl<inll ond Loodinllll.quir..."nh: orr..lr..lp",k1ng ""d lo.ding "'." ..e.Ung
lho requheonenls or .ecUon. 810.00 nnd 811.00 .h.i1 b. con.l.ucl.d. (Ord. 1010.90.31, G 16,
9.21.90)
Typu of Signs PermUted:
Oround .Ign. (rele. 10 ..cUon 822.00 .I..g. ror .ddlUonnl r.guloUon.). (O.d. 1'10.86.16, G
IX, 10-23.86) ..
Prol.cUng .Ign. (rel.r 10 ..cUon 822.00 .I..q. rot nddlUonnl regul.Uon.). (O,d. No. 86.16,
i IX, 10.23.86) "
Te..JIO'lU)' .Ign. (r.r.r 10 ..cUon 822.00 el ..q. ror oddlUonnl regllloUon.). (O,d, No.
66.16, G IX, 10-23.85) I
n." UIUJAN SINGLE.FAMILY
.
HESlDENTIAL CL1\SSIFICATION
purpose ond Inl.nl: The l'UlI.o.e and Ini.nl or lhe 1t.4 Urban Slngle.fo",i1y 1t..ld.nU.1
CI."lIlcnUon I. 10 ."ovld. lII.diulII.d.n.lly ...id.nUnl dev.loplllenl., p.es.,vlng lhO c1.o,'
oeler of ex.lslll1g or proposed residenUal Jlelghborhoods. .
p"",IU.d Princlpol U... ond SI~uclU"S: In the ll.( Urbon Slngle.fomily 1t..ld.nUel
Clu"UlcoUon, no pr.IIII... .10011 be u..d exc~pl ror the rollowlng u... ond Ih.lr cu.lo",ory
Bccessory uses or slructures: '
Cluller .ubdlvl.lon.. (,.r.r 10 ..cllon 81.8.02).\O,d. 1010.90.34, G 17, 9.21.90)
EssenUnl ulility service!!. (On), No. M.I, fi 111, 3.0.04) .
E.. onp' ..e. V .1I0n. (,.r. r 10 ..eU on 81'1. OO(.lIond/or 11.0.0 which COlli I' I y "Ill. a' UeI. VIII
of thl! Ll\nd VeveloJlItIl!Ul Codl! or Volullln County (appendlx AJ nnd/or Iinal slle pllln
review procedure!! or th19 oldiJH1J1Ce. (Onl. No. 04-1, g HI, 3.9.Mj Old. No. 09.20, ~ VI,
6.8.89j Ord. No. 90.3~, G 11,9.2".90)
Ex.,!.pllolldlills (,.r.r 10 ..cUon 811.00h,lI. (0 ,d. No. 89.20, i VI, 6.8.89; o,d. No. 90.3.1.
I 17. 9;27,90)
Fire slallons. (Ord. No. 92.6, fi XIX, 6.4.92)
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03/15/1995 10:27
T 'trument # 95034185
~ok: 3990
Page: 908
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this
/111fj/1 JL , 199~y and between, the CITY OF EDGEWATER,
I
~)J,-- day of
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
ELSIE E. PECK, 108 Palm Breeze Drive, Edgewater, Florida 32141
(hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
I
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .23 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.peck)
December 2, 1994
1
EXHIBIT "F"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individua~
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\palmBreeze.peckj
December 2, 1994
2
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910
address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of.
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\palmBreeze.peck)
December 2, 1994
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
"
/~---.~
Dated:
':J
(:7'
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APPROVED FOR FORM
AND CORRECTNESS:
J!~
I /lA,
Kr'sta A. S Y
City Attorney
Witnessed by:
OWNER:
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;/&1/~7~~~A-:'4~
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i/v( ({'///~/ X? .z;;a-?c:As'
Witness named typed
'/(Z. , C:"x/ ~L~
El'sie 'E: Peck
STATE OF~Ct., ~.~~. .
COUNTY OF L/ o:...i.-C(_A2-"'-~
1( I The foregoiI?g instrument was acknowledged before me this
,_ day of ~_.<::_t,k/_"-,>,'?~ , 1994, by ELSIE E. PECK, who
is personally known to m~o); ~~ho..hllG produced
as-identifil,.;dtton an'Lwt:.~.._~~.id not) take an oath.
/1.. / ~.i '') '- I~'
lic
/5 Ie c"' c' It ':::.
typed
Seal/Stamp:
,",~r.\'ri:;;;, BETTY A. BROOKS
[:r~"'{::~ MY COMMISSION' CC 322206
'}"~:.J: EXPIRES: November 16. 1997
o';.rp,' ;~,<t-.- Bonded Thru .......... PublIc u~......--
, .,tI'" .1__' ......1'"'....
(annexation\palmBreeze.peck)
December 2, 1994
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EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the South line of U. S. Lot 6,.
section 2, Township 18 South, Range 34 East and the Easterly R/W
line of U. S. Highway No.1; thence South 89056'40" East 639.76
feet along the South line of said U. S. Lot 6 for the point of
beginning; thence South 89056'40" East 90.32 feet along the South
line of said U. S. Lot 6~ thence North 4047'10" West 146.81 feet;
thence South 85012'50" West 90 feet; thence South 4047'10" East
139.18 feet to the point of beginning.
Together with the right of use of the following described easement.
Beginning at the intersection of the South line of U. S. Lot 6,
section 2, Township 18 South, Range 34 East and the Easterly R/W
line of U. S. Highway No.1; thence South 89056'40" East 99.09
feet; thence North 77009'50" East 489.62 feet; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64041'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'50" West 448.72 feet; thence South 77009'50"
West 487.50 feet; thence North 89056'40" West 188.65 feet to the
Easterly R/W line of U. S. Highway No.1; thence South 26041'40"
East 55.99 feet along the said Easterly R/W line of U. S. Highway
No. 1 to the point of beginning. All lying and being in Township
18 South, Range 34 East.
(annexation\palmBreeze.peck)
December 2, 1994
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Art Vll
VOLUSlA COUNTY CODE
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AIl. VII
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. it~creallol1al nreM (rder lo lleeUOII on.OO(e)). (Onl. No: 92.6, I XVII
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ScI:!OIS' parochial or Plivate (rerer lo section 011.00(d)).
Zero ot Une resld.~!l1lialllutJ(1ivision!l (rerer lo seclion ~ 11.00(h)).
Dimens lZol Requlr."wI15:
Mbalnau"I ~(.. ,'21:
AIell: 12,bQo squlUe feet.
Width: 100 'r,t.
Mi"lrnur",~rd s~~~ .
rron~ YlUd: 30 re~.
Hear YlUd: 20 pereb at or the deplh of the lol, b t not less lhan 20 feet
Slde yard:
81.39, G X, 11.1 ~1) .
Abulllng llny &lreeL: 30 feel.
Wol"rronl yord, 20 I'.rc.n~or 101 d. , h bul nol I,.. U,on 25 reel, or Ih, ..quh,d
.ho..Uno bulr.., \Vhlch,Y~ I, gl 01... (Ord. No. 02.20, .G XIII, 12.9.021 Ord. No.
90.3-1, G 15, 9.2".90)
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M...ltnun. bnlldill,lodgl.1: 35 r..I.' \ ..
M...}"'u'" /0/ cooeroge: 'fh. lolall or.. ~v.red wllh prlllclpol ond occ,"ory building'
:.holl..ol ,xce.d 35 perc.nl. \. :.:
Minimum floor oreo: 1,200 S( are feet. (Old. no. 81.39, G X, 11.19.8U
Off,S're" FurM ",.IId IA.d: " R.q II ireo" .", s: 0 1~\ro'l p" king o..d I.odh'g or"; ",,,Ullg
1100 ..qulre...."ls or ..cUo,,' 1u.UO olld 611.UU .100011 'bo con,lrucl.d. lOrd. No. 90.34, G 16,
9.21.901 \..
Ground .Igns (..r. 10 ..cUon 022.UO .1 ..q. ror oddlUon,,\,egulollon,).IOrd. No. 86.16, I
lX, 10.23.86 .' \
p roj.clllll .1 I' I..r" I. ,"cllon 822.0U .1 ..q. for oddlllonol )\IU loUon.).IOrd. No. 86.16,
I IX. 10. 3.06)' \ -
'j',,,,poror1. sll"S (..r" to .,ello" 022.00 ,I ."1. ror AddlllonM regu1Allon.). lOrd. Ho.
06.1 ,G IX, 10.23.06) I \,
.~.~~~t-~;UIlllAN ~~~~~~,E:f~\Fr.:
llESLDENTlAL CLASSIFICATION
l'u'l'o$<< orad.Iraltlll: The IlmposO nml intent or the n-3 UrbclJ\ Slngle.flUnUy Itesldenllnl
CJa..sSHicaUOII, ~!J Lo IJJovide lIlediulI.\.low.tleIlSily resldellU:tl develoPlllcnh, Ilfeservlng lhe char-
aelor or exlsUng or IltOposed reshlenlialneighborhoods.
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Iul. VII
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APPENDIX D-ZONING OHDINANCE
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Art. VII
P.<<rlllWtd Principal U$U and S(ruc(urt: I" lhe 1t.3 Urban Slngle.FAmlly Itesldelllllll
CI~HicaLlon, no '~remlsl!!l sholl bc used except for lhe following uses Dnd their cuslollln,y
Accessory USe! or structures: '
ClusLer subdivision! (refer to section 020.02) (01(1. No. 90.34, i 16, 9.27.90)
Essential uUmy services. (On1. No. 0".1, G JII, 3.0,04)
Exempt excavallonlJ (refer lo section 617.00(0)) nml/or lhose which comply wHh arUcle VIII
or lhe Land Developll1clIl Codc or VolushfCou"ly loppendb, AJ AmI/or Ullnl slle pin"
review procedures of thl9 onJl"P...llcc. (Ord. No. 84.1, G 111,3.9.04; Ord. No. 89.20, f VI,
6.8.09; Ord. No. 90.34, ~ 16, 9.2'1.90)
Exempt lalUhills (refer Lo section Ol'I.OO(p)). (Ord. No. 89.20, 6 VI, 6.8.89; Ord. No. 90.34,
G 16, 9.27.90)
Fire staUons. (Ord. No. 92.6, G XVIII, 6....92)
Home occupallollll, dUll A (refer lo seclioll 801.00).
Park.! end ~ecreaUo"al nJ"Cl\.9 accessory to resldenUal developments.
Public schools. (O,'d. No. 92.6, G XVIII, 6.".92)
Publicly owned parks and recreational nrel1s. (Ord. No. 92.6, ~ XVIII, 6.".92)
Publicly owned or regulalell wntel' SUI'l'ly welh. (Ol~. No. 92.6, ~ XVIII, 6.~.92)
Slngle.ramlly standard or mallurnctured dwelling. (Old. No. M.~, ~ X, 3.8,04)
I
PtrmWtd Sptcio~ ExctpliOlu: Addillonal regulalions/requhemenls governing perlllllled
special e:<cepUons are located III seclioll!l 81'1.00 nnd 11O~.00 of lhls ordinance. (Ord. No. 90.3~,
f 16, 9.21.90) .
AnlenntU exceeding 70 feel in height nbove ground level.
Bed Dnd breakfast hOlTleslny (refcr to section 01'1.00(s)). (Ord. No. 90.34, G 16,9.21.90)
Doy care centers (refer Lo secllon 817.00(1)). (Ord. No. 90.3-t, G 1(1, 9.27.90)
EXCl1vaUon!l only for slortnwnler relellUon pOllds for which A permit h required by lhls
ordinance. (Ord. No. 01.1, G VII, 3.0.M; ard. No. 69.20, G VII, 6.8.69)
Garage npllttmenls.
Houses or worship Dnd cC!meterie5 (refer to section 817.00(d)).
Orf.slreet parking nreaJ he[er Lo section 011.00(11)). (Ord. No. 65.2, 6 I, 3.H.05j Ord. No.
90.3", g 16, 9.21.90) . ,
PubUc uses not lJsted M 11 permUted prillclpal use. (Ord. No. 92.6, g XVIII, 6.~.92)
Publio ulilHy use! nnd sltuclurell (refer to section 017.00(a)). (O,'d. No. 0.1.1, gill, 3.0.8-t)
ltecreAlionol BlCM (refer lo secllon 017.00(c)). (Ord. No. 92.6, g XVIII, 6.".92)
Schoolg, pAtochln.l or Illivnto (re[er to sectIon 81'I.OO(d)).
Zero lot line rcsldenUl\l ~uL(~lvisloIl9 hefer Lo secUon 011.00(11)).
JJ;nattu;ollolll<<qu;"m'IIb:
Minimum 101 .;zt:
'AulU.I0,OOO squill''' feet
Widths 85 feet.
. Minimum :yard IIu:
Front yard: 30 reel.
Rear YlUd: 20 Ilercent or the delllh of lhe lol bul noL leu lhon 20 reel.
Supp. No. C5
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~lane M. Matousek
Volusia County, Clerk of Eourt
EXIIlBIT "B"
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Art. VII
VOLUSlA COUNTY CODE
Art. VII
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AbulUng any loll 20 feet comblncd, mlnlrnum or 8 feet on allY one side. (Ord. No.
81.39, G XI, 11.19.01)
~bulUng RI1Y street: 30 feet
Walerfron~ yard: 20 IH!rCcnL orloL deplh buLuollen lhan 25 feel, or lhe .required
shoreline burrer, whichever 19 greater. (Ord. No. S2.20,G JUII, 12.9-82; -Ord. Ho.
90.34, f 16, 9.21.90)
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Mruimuna buildillg lid,,,,: 35 feet
Mruimutrl 101 cOl/frol': 'fhe lot~ lol ro-ea covered will. I,rlnclpal And nccessory buildings
shall not e:tceed 35 I,ercent.
Minimum floor ~rfO: 1,000 'lllulUe feel. (Ord. No. 81.39, G Xl, 11.19.8U
Off-SIted Par/lin8 and Loadiu8 /ll!quirwlwlJ: orr.slreet parking and loadlng AJea!l meeUng
lhe requirement! or seclloll!l 010.00 ollll 011.00 shall be conslructed. (Ord. No. 90.M, f 16,
9.21.90)
T)'pt!J of SI,II. Permlll,cl:
Ground signs (reror Lo secllon 822.00 el seq. for addlllonal reguIAUoI1S). (Ord. No. 86.16, f
JX, 10.23.86) , ,
ProJecUng slglls (refer Lo secUon 822.00 el seq. for oddlllona.1 regulaUons). (Ord. No. 86.16,
i lX, 10.23.86)
TemporlltY signs (refer Lo s@elion 822.00 el seq. for n.ddillonal regulllllo1u). (Ord. No.
66.16, fiX, 10.23.86)
It-" UltUAN SINGLE.FAMILY
.
ItESIDENTlAL CLJ\SSlfICNfJON
PU'pou dllO 111ft"': The purpose Rnd Inlent or lhe 1t.4 Urbnn Slngle.Fomlly Residential
Classlficotlon Is Lo provide IlIedium.dl!llsHy It!shll!ntll'l dovelolJluenh, preserving lhe chor.
acLer or ex.lsLlng or proposed residellllal neighborhood!!. .
l'tr",lUto Prillcipol Usu dltO Sf,."cluru: In Lhe It." Urban Slngle.Famlly Itesldenlllll
ClossUicolloll, n~ J,rell1lse!l shall bl! u'sed exc,epl for lhe follo\\'lng uses Bnd lhelr cusLolUoty
nccessory uses or struclures: '
Clusler subdivision", (rder lo sl!cllon 820.02). (Ord. No. 90.M, f 11, 9.21.90)
Essenllnl ulilily servlce!l. (Ord. No. O~.l, ~ III, 3.0.04) .
E:<l!lIll'll!:tcRvnlloIl5 (rerer to sedlon 01'1.00(0)) nmVor lho!!e ,villela cOlIll,ly willa t\rllcle VIII
or tho Lnlld Vevl!lol'"Il!lIl COlic or Volullln CoulIly (AppendIx AI nm]for 11110.1 slle 'linn
review Ilrocetlurl!!I or thl!! olillJHtIlcl!. (Ord. No. M.l, G lIl, 3-0-8-1; Old. No. 09-20, G VI,
6.0-09; Ord. No. 90.34, ~ 11, 9.2".90)
Exel!,pt IOJldlUh (refer lo seellon 011.00(p)), (Ord. No. 89.20, G VI, 6.8.89; Old. No. 90.3.1,
G 11, 9:21,90)
Fire slallons, (Ord. No. 92.6, f XL'<, 6.~.92)
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03/15/1995 10:27
strument # 95034186 I
'"trook: 3990
Page: 916
ANNEXATION AGREEMENT
l~BIS. AGREEMENT made and entered into this It/- day of
t/ ! (j./]d\..- ,199~ by and between, the CITY OF EDGEWATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
CHARLES W. and DEBORAH L. EDWARDS, 110 Palm Breeze Drive,
Edgewater, Florida (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .22 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within th~
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.Edwards)
November 29, 1994
1
EXHIBIT "G"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
I
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\palmBreeze.Edwards)
November 29, 1994
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address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\palmBreeze.Edwards)
November 29, 1994
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
It- l~ \.' i ,
1-gyt:;;;~
Susan J.- adsworth
City Clerk
By:
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Dated:
APPROVED FOR FORM
AND CORRECTNESS:
~
ista A. t ey
CJ.ty Attorney
Witnessed by:
OWNER:
r-J
~~C:\T
Oar; s Paqany
Witness named typed
Q~~~x9~r~~ .
-k, _:_~-~.~ f --~.:=:\~ ~_kc...c....r
Ki~ 1:.. Weishaar
Witness named typed
~L << ~dJ.v~
Deborah L. Edwards
r:J .
STATE OF ~
COUNTY OF .
7 'Id:1 The foreg~ng instrument was acknowledged before me this
day of ~~ , 1994, by CHARLES W. EDWARDS
and DEBORAH L. EDWARDS, ~ wife, who. are personally known to me or
who has produced clJ/U.Uf.A--a/'4/.//Yl.KJh\) as
identification and who did (did not) take an oath.
-
~~ r/-I<,1!~
Ndtary Pub c
PIfTR/C,A S. E~L/c..07/
Notary name t e
".'t~';':_"_".''''''''._''''"' _._
....\,i;:~:--' FJfll~!.':\ ;4. rLLlCOTT
,~:4-9 tp.p!p,:,'-~:'l' (;:J 19~58S
~~J. ({!(_:~~ \..., '.:I~J:Y 19. 1996
...,~#;, '0' ,. I!'d'(~\ 1..1~ ;,(1,"0)' PlJbllc UndIIV/l1IIlt
~",Rr,\'J\'~'. :.:_....~._~...lb_,.......""
''''. - '8ti'\palmBreeze.Edwardsj
November 29, 1994
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EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
730.08 feet along the South line of said U. S. Lot 6 for the point
of beginning; thence South 89056'40" East 80.29. feet along the
South line of said U. S. Lot 6; thence North 4047'10" West 153.59
feet; thence South 85012'50" West 80 feet; thence South 4047'10"
East 146.81 feet to the point of beginning. The Northerly 25 feet
of the herein described property subject to an easement for access.
TOGETHER with the right of use of the following described easement.
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
99.09 feet; thence North 77009'50" East 489.62 feet; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64041'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'50" West 448.72 feet; thence South 77009'50"
West 487.50 feet; thence North 89056'40" West 118.65 feet to the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
26041'40" East 55.99 feet along the said Easterly Right-of-Way line
of U. S. Highway No. 1 to the point of beginning. All lying and
being in Township 18 South, Range 34 East.
(annexation\palmBreeze.Edwards)
November 29, 1994
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EXHIBIT "B"
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Arl. VII
VOLUSIA COUNTY conE
Art VII
Recreational aJ'~as (refer to section 817.00(c)). (Ord. No: 92-6, ~ XVII
S~ 0015, parocl1i'al or private (refer Lo secLion 817.00(d)).
Zero ot line residential subdivisions (refer Lo section 817.00(h)).
Dimensl ~al Requirements:
Minimum ~,size:
Area: 12,5QO square feet.
Width: 100 "reet.
Minimum yard s~ .
Front yard: 30 fe~.
Rear yard: 20 perc\~Of the depth of the lot, b t not less than 20 feet.
Side yard:
Abutting any lot: Q feet combined'Zi mum of 8 feet on anyone side. (Ord. No.
81.39, ~ X, 11.i9~1)
Abutting any street: 30 feel.
Waterfront yard: 20 percen~f lot de h but not less than 25 feet, or the required
shoreline burrer, whicheve is gt; ater. (Ord. No. 82.20, ~ XlII, 12.9-82; Ord. No.
90.34, ~ 15, 9-27-90)
Maximum building h.;ghl: 35 feet.. ~ ...
M",~~~~\::: ::~::~g;~ :::<~~~ 1 area < \red with pri~dpaland a<<essory~ulldjng,
Minimum floor area: 1,200 s are feel. (Ord.ko. 81.39, ~ X, 11-19-81)
Off.SI"" Parking and Load: g R.quirem<nlS: 0 ~treet parking and loading area. meeli ng
the requirements of sections 10.00 nnd 811.00 shall be construcled. (Ord. No. 90.34, ~ 15,
9.27.90) \
Ground signs (refe to seclion 822.00 et seq. for addilion~egulations). (Ord. No. 86-16, f
IX, 10-23-66 '\
Project.ing si (refer t.o section 822.00 et seq. for additional regulations). (Ord. No. 86-16,
~ IX, 10. 3-86) , \
Temporary signs (refer to section 822.00 et seq. for addilio~ re~lations). (Ord. No.
86.1 ,~IX, 10.23.86) \, .
'~:~~~.~;URBAN ~tu9~~:f.~~"Y;
RESIDENTIAL CLASSIFICATION
purpose and, Intent: The purpose and intent of the R-3 Urban Single-Family Residential
Classification, ~s to provide mediu":l.low.density residential developments, preserving the ch~.
scler of existing or proposed residential neighborhoods. :
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Art. VII
APPENDIX B-ZONING ORDINANCE
Art. VII
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Permilled Principal Uses and Structure: In the R.3 Urban Single.Family Residential
Classification, no 'vremises shall be used except for the following uses and their customary
accessory uses or structures: .
Cluster subdivisions (refer to section 628.02) (Ord. No. 90-34, ~ 16, 9.27.90)
Essential utility services. (Ord. No. 84.1, ~ III, 3.8-84)
Exempt excavations (refer to section 817.00(0)) and/or those which comply with article VBI
of the Land Development Code oCVolusia'County (appendLx A] and/or final sile plan
review procedures of this ordinance. (Ord. No. 84.1, ~ Ill, 3-8.84; Ord. No. 89.20, ~ VI,
6-8.89; <?rd. No. 90-34, ~ 16, 9.27.90)
Exempt landfills (refer to section 817.00(p)). (Ord. No. 89.20, ~ VI, 6.8.89; Ord. No. 90.34,
~ 16, 9.27-90)
Fire stations. (Ord. No. 92.6, 9 XVIII, 6.4.92)
Home occupations, class A (reCer to section 807.00).
Parks and recreational areas accessory to residential developments.
Public schools. (Ord. No. 92.6, 9 XVIII, 6.'{-92)
Publicly owned parks and recreational areas. (Ord. No. 92-6, 9 XVIII, 6.4.92)
Publicly owned or regulaled water supply wells. (Ord. No. 92.6, 9 XVIII, 6-4.92)
Single-family standard or manufaelured dwelling. (Ord. No. 84.~, 9 X, 3.8-84)
Permitted Specic.l Exceptions: Additional regulations/requirements governing permiUed
special exceptions are located in seelions 817.00 and 1104.00 of this ordinance. (Ord. No. 90.34,
9 16, 9.27-90)
Antennas exceeding 70 feet in height above ground level.
Bed and breakfast homestay (refer to section 817.00(s)). (Ord. No. 90-34, 9 16,9.27.90)
Day care centers (refer to seelion 817.00(0). (Ord. No. 90.34,9 16,9.27.90)
Excavations only for stormwater retention ponds for which a permit is required by lhis
ordinance. (Ord. No. 84.1, 9 VII, 3-8-84; Ord. No. 89.20, ~ VII, 6-8.89)
Garage apartments.
Houses of worship and cemeteries (reCer to section 817.00(d)).
Orr.street parking areas (refer lo seelion 817.00(n)). (Ord. No. 85.2, 9 I, 3.14.85; Ord. No.
90-34, 9 16, 9-27.90)
Public uses not listed as a permitted principal use. (Ord. No. 92.6, 9 XVIII, 6-4.92)
Public utility uses and structures (refer to seelion 817.00(a)). (Ord. No. 84.1, 9 lIJ, 3.8.84)
Recreational areas (refer to seelion 817.00(c)). (Ord. No. 92.6, 9 XVIII, 6.4.92)
Schools, parochial or private (refer to section 817.00(d)).
Zero lot line residential subdivisions (refer to seclion 817.00(h)).
Dimensionc.l Requirements:
Minimum lot size:
'Area:.l0,000 square feet.
Width: 85 feel.
f' )
.
...._J
Minimum yard sue:
Front yard: 30 feet.
Rear yard: 20 percent of the deplh of the lot but not less than 20 feet.
Supp. No. 65
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~ane M. Matousek
Volusia County, Clerk of Court
EXHIBIT "B"
'. ".
I. .:
.. .
Arlo VII
VOLUSlA COUNTY CODE
Art VII
Side yard:, . .
AbutHng any lot: 20 feet combined, minimum of 8 feet on anyone side. (Ord. No.
81.39, ~ XI, 11.19.81)
~butling any street: 30 feet
Waterfront yard: 20 percent of -lot depLh but not less than 25 feet, or the .required
shoreline buffer, whichever is greater. (Ord. No. 82-20, .~ XlII, 12.9-82j .Ord. No.
90.34, S 16, 9.27.90)
Maximum building height: 35 feet.
Maximum lot coverage: The Lot~ lot area covered with principal and accessory buildings
shall not exceed 35 percent.
Minimum floor C!rea: 1,000 square feet. (Ord. No. 81.39, ~ Xl, 11.19.81)
Ofr-Slrccl Parhing and Loading Rcquirements: Orr-street parking and loading areas meeting
the requirements of sections 810.00 and 811.00 shall be constructed. (Ord. No. 90.34, ~ i6,
9.27-90)
Typcs of Signs Permitted:
Ground signs (refcr Lo section 822.00 et seq. for additional regulations). (Ord. N?~ 86.16, 9
IX, 10.23-86)
Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86.16,
9 IX, 10.23-86)
Temporary signs (refer to section 822.00 et seq. for additional regulations). (Ord. No.
86.16, 9 IX, 10-23-86)
R-4 URBAN SINGLE.FAMILY
RESIDENTIAL CLASSIFICATION
Purpose and Intent: The purpose and intent of the R-4 Urban Single-Family Residential
ClassHicnlion is Lo provide medium-density residential developments, preserving the char.
acter of existing or proposed residential neighborhoods.
Permitted Principal Uses and Structures: In the R-4 Urban Single-Family Residential
ClossHicotion, no premises shall be u'sed exc.apt for the following uses and their customnry
accessory uses or structures:
Cluster subdivisions. (refer Lo section 828.02). (Ord. No. 90-34, 9 17, 9.27.90)
Essential utility services. (Ord. No. 84.1, 9 III, 3.8.84) .
Exempt excavations (refer Lo section 817.00(0)) nnd/or those which comply with article VIII
of the Land Development Code of Volusia County [appendix A) and/or final site plan
review procedures of this ordL,ance. (Ord. No. 84-1, ~ III, 3-8-84j Ord. No. 89.20, ~ VI,
6-8.89j Ord. No. 90-34, ~ 17, 9.27.90)
Exe~pt landnIls (refer to seelion 817.00(p)). (Ord. No. 89.20, 9 VI, 6.8.89j Ord. No. 90.34,
~ 17, 9:27.90)
Fire stations. (Ord. No. 92-6, 9 XIX, 6-4.92)
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T1strument # 95034187
.......,00 k: 3990
Page: 924
ANNEXATION AGREEMENT
IBIS AGREEMENT made and entered into this ~ day of
/L'!tJ..;l e~/, 199~ by and between, the CITY OF EDGEWATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgewater, Florida 32132, (hereinafter referred to as "City") i and
STEPHEN W. SCHIMPF, 112 Palm Breeze Drive, Edgewater, Florida
32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit Ai and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .23 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
I
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.schimpf)
November 28, 1994
1
EXHIBIT "H"
TO ORDINANCE #94-0-24
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925
3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
I
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\palmBreeze.schimpf)
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address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8. APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\palmBreeze.schimpf)
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
" ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
,',I"~ 'i"1
.."
Susan J' Wadsworth
" Ci t:y Clerk
-7)
r',
'....
J I ~ \ '
:( .'. , ;
APPROVE OR FORM
AND ~ORRECTNESS:
.~
Witnessed by:
OWNER:
i ..,' ,I ()
\. .. j J/? )~.7d//( ,12'72 ~( I
/,/ --
Susanne M. JanoSky ::
Witness named typed
STATE OF 1C.~10-LU"'11,--
COUNTY OF 'v\.Q~ A 1../..0 ^ J
The foregoing instru)ent
"-~~~t" day of I'LJ ~rn.bi' "-
who is" personally known
+L,l)Lti.~5In IqCf"dl I ~
(did not) take an oath.
was
acknowledged before me this
, 1994, by STEPHEN W. SCHIMPF,
me or who has produced
as identification and who did
to
(annexation\palmBreeze.schimpf)
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EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-way line of U. S. Highway No.1; thence South 89056'40" East
810.37 feet along the South line of said U. S. Lot 6 for the point
of beginning; thence South 89056'40" East 80.29 feet along the
South line of said U. S. Lot 6; thence North 4047'10" West 160.36
feet; thence South 85012'50" West 80 feet; thence South 4047'10"
East 153.59 feet to the point of beginning. The Northerly 25 feet
of the herein described property subject to an easement for access.
Together with the right of use of the following described easement.
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056' 40" East
99.09 feet; thence North 77009'50" East 489.62 feet; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64041'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'50" West 448.72 feet; thence South 77009'50"
West 487.50 feet; thence North 89056'40" West 118.65 feet to the
Easterly Right-of-Way line of U. S. Highway No.1; thence Soutq
26041'40" East 55.99 feet along the said Easterly Right-of-Way lin~
U. S. Highway No. 1 to the point of beginning.
(annexation\palmBreeze.schimpf)
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EXHIBIT "B"
-
/or':'
,..
'"
, ..
Art. VlI
VOLUSIA COUNTY CODE
Art. VII
Recreational areas (refer to sedion 817.00(c)). (Ord. No: 92.6, ~ XVII
\ "
Sc ools, parocllfal or private (refer lo section 817.00(d)).
Zero ot line residential subdivisions (refer lo section 817.00(h)).
Dimensl ,al Requirements:
Minimum ~,size:
Area: 12,5QO square feet.
Width: 100 'r\.l.
Minimum yard $~~~
Front yard: 30 fe~.
Rear yard: 20 perc\~Of the deplh of lhe lot, b l nolless lhan 20 feet.
Side yard:
Abutting any lol: 0 feel combined,znir mum or 8 [eet on anyone side. (Ord. No.
81.39, ~ X, 11.i)}~1)
Abutting any slreel: 3Q feet.
Waterfront yard: 20 percen~r lol de h but not less lhan 25 feet, or the required
shoreline burrer, whicheve is gr, aler. (Ord. No. 82.20, ~ XlII, 12.9.82; Ord. No.
90.34, ~ 15, 9.27.90)
Maximum building height: 35 feet.' \ ...
Max,imum lot coverage: The lotall area ~vered with principal and accessory ~ui1dings
:shall nolexceed 35 percent. \.. ..
Minimum floor area: 1,200 s are feet. (Ord. No. 81.39, ~ X, 11-19.81)
Off.S'm' Parh ing and Load: g R,quirem,n's: 0 ~\reel parking and loadin g area; meeUng
lhe requirements or sedions 10.00 nnd 811.00 shall be constructed. lOrd. No. 90.34, ~I 15,
9.27.90) \
Ground signs (refe to sedion 822.00 el seq. for addiliona\regulalions). (Ord. No. 86.16, ~
DC,10-23.66 .' \
Projecting si (refer to section 822.00 et seq. for additional regulations). lOrd. No. 86.16,
G IX, 10- 3.86) , '\
Temporary: signs (rerer t.o secUon 822.00 el seq. ror addilio~ re~laUons). lOrd. No.
86.1 ,~IX. 10.23-86) ! \.
':,~~~'~iURBAN l?JJi9~~:fAMI.~Y
RESIDENTIAL CLASSIFICATION
purpose and, Intent: The purpose and intent or lhe R.3 Urban Single.Family Residential
Classification, ~s to provide mediu",l.low.densily residential developments, preserving the char.
acler of existing or proposed residential neighborhoods.
56
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EXHIBIT "B"
r'"'
('." ..:
.",' ,
I.
Arlo VlI
Art. VlI
APPENDIX B-ZONING ORDINANCE
'Permitted Principal Uses and Structure: In the R-3 Urban Single.Family Residential
Classification, no '\'remises shall be used except for the following uses and their customary
accessory uses or structures: .
Cluster subdivisions (refer to section 828.02) (Ord. No. 90.34, ~ 16, 9.27.90)
Essential utility services. (Ord. No. 84.1, ~ III, 3.8.84)
Exempt excavations (refer to section 817.00(0)) and/or those which comply with article VlII
of the Land Development Code of Volusia' County (append Lx A) and/or final site plan
review procedures oClhis ordinance. (Ord. No. 84.1, ~ 111, 3.8-84; Ord. No. 89.20, ~ Vl,
6-8-89; 9rd. No. 90-34, ~ 16, 9.27-90)
Exempt landnIls (refer to section 817.00(p)). (Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90.34,
~ 16, 9-27.90)
Fire stations. (Ord. No. 92.6, ~ XVIII, 6.4-92)
Home occupations, class A (refer to section 807.00).
Parks and recreational areas accessory to residential developments.
Public schools. (Ord. No. 92.6, ~ XVIII, 6-4.92)
Publicly owned parks and recreational arens. (Ord. No. 92.6, ~ XVIII, 6-4-92)
Publicly owned or regulated water supply wells. (Ord. No. 92-6, ~ XVlIl, 6.4-92)
Single.family standard or manufactured dwelling. (Ord. No. 84',1, ~ X, 3.8.84)
Permitted Special Exceptions: Additional regulations/requirements governing permitted
special exceptions are located in sections 817.00 and 1104.00 of this ordinance. (Ord. No. 90-34,
~ 16, 9.27.90) .
Antennas exceeding 70 feet in height above ground level.
Bed and breakfast homestay (refer to section 817.00(s)). (Ord. No. 90.34, ~ 16,9.27.90)
Day care centers (refer to section 817.00(0). (Ord. No. 90.34, ~ 16, 9.27.90)
Excavations only for stormwater retention ponds for which a permit is required by this
ordinance. (Ord. No. 84-1, ~ VlI, 3-8.84; Ord. No. 89.20, ~ VlI, 6-8.69)
Garage apartments.
Houses of worship and cemeteries (refer to seclion 817.00(d)).
Orr.street parking areas (refer to section 817.00(n)). (Ord. No. 85.2, ~ I, 3.14.85; Ord. No.
90.34, ~ 16, 9-27.90)
Public uses nollisted as a permitted principal use. (Ord. No. 92.6, ~ XVIII, 6.4-92)
Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84.1, ~ 1II, 3.8.84)
Recreational areas (refer to section 817.00(c)). (Ord. No. 92.6, ~ XVlIl, 6.4.92)
Schools, parochial or private (refer to section 817.00(d)).
Zero lot line residential6ub~visions (refer lo section 817.00(h)).
Dimensional Requirements:
Minimum lot size:
-Area;. 10,000 square feet.
Width: 85 feet.
Minimum yard size:
Front yard: 30 feet.
Rear yard: 20 percent of the depth of the lol but nolles! then 20 feel.
Supp. No. 65
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Bool<: 3990
"age: 931
~ane M. Matousek
Volusia County, Clerk of Court
EXHIBIT "B"
'. ",
"
I'
Art VII
VOLUSlA COUNTY CODE
Art VII
Side yard; .
Abutting any lot: 20 feet combined, minimum of 8 feet on anyone side. (Ord. No.
81.39, ~ XI, 11.19.81)
~buUing any street: 30 [eet.
Waterfront yard: 20 percent of lot depth but not less than 25 feet, or the .required
shoreline burfer, whichever is greater. (Ord. No. 62.20, .~ XllJ, 12.9-82; .Ord. No.
90.34, ~ 16, 9.27.90)
Ma.:dmum building !leig/tt: 35 feet.
Mcu:imum lot couerage: The tot~ lot area covered with principal and accessory buildings
shall not exceed 35 percent.
Minimum floor qrea.: 1,000 square feet (Ord. No. 81.39, ~ XI, 11.19.81)
Of{Slre" Parking and Loading /l'q u ire.. ,nls: 0 [.slreel parki ng and loadin g areas meell n g
lhe requiremenls or seclions 810.00 and 811.00 shall be conslruded. lOrd. No. 90.34, i 16,
9.27.90)
Types of Signs Permitted:
Ground signs (refer to sedion 822.00 et seq. for additional regulations). (0 rd. N?: 86.16, ~
IX, 10.23.86)
Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86.16,
~ IX, 10.23.86)
Temporary signs (refer to sedion 822.00 et seq. for additional regulations). (Ord. No.
66.16, ~ IX, 10-23-86)
R-4 URBAN SINGLE-FAMILY
RESIDENTIAL CLASSIFICATION
Purpose and Inlen/: The purpose and intenl or lhe 1t.4 Urban Single.Family Itesidenlial
Classificolion is to provide medium.density residential developmenls, preserving lhe chnr.
acter of existing or proposed residential neighborhoods. .
Permitted Principal Uses and Structures: In lhe R.4 Urban Single.Family Residential
Classification, no premises shall be u'sed exc.cpt for lhe following uses and their cuslomory
accessory uses or structures:
Cluster subdivisions. (refer lo section 628.02). (Ord. No. 90.34, ~ 17, 9.27.90)
Essential ulility services. (Ord. No. 84.1, ~ Ill, 3-8.84) .
Exempt excavations (refer lo sedion 817.00(0)) and/or lhose \vhich comply with article VIII
of the Land Development Code or Volusia County (appendix A] and/or final site plan
review procedures of this ordinance. (Ord. No. 84-1, ~ 111, 3.8.84; Ord. No. 89.20, ~ VI,
6-8-89; Ord. No. 90-34, ~ 17, 9.27.90)
Exempt landnIls (refer lo section 817.00(p)). (Ord. No. 89.20, ~ VI, 6.8-89; Ord. No. 90.3,1,
~ 17, 9~2?90)
Fire slations. (Ord. No. 92.6, ~ XIX, 6-4.92)
58
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T~strument # 95034188
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Page: 932
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this ~ day of
/~().,~ct- , 19~ by and between, the CITY OF EDGEWATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive~
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
WALTER and BONNIE DIANE KUCHAR, 114 Palm Breeze Drive, Edgewater,
Florida 32141 (hereinafter referred to as "Owner").
/'
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .25 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.Kuchar)
December 2, 1994
1
EXHI)3IT "I"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7. STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\palmBreeze.Kuchar)
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address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\palmBreeze.Kuchar)
December 2, 1994
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
. ""A~TEST:
I, 'j \. \. :.. : .<l
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
3/10/95'
APPROVED FcfR 'ORM
AND CORRECTNESS:
~/
ity Attorney
,to';'"
...'~
By:
,> ~
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Dated:
Witnessed by:
OWNER:
~) ,
I...~\\ ('.-'-'-.
A ~ 1-1
\..- .- ( 'f .LU.'~..;~
Ufd~" ~J:(,/.
Walter Kuchar
STATE OF
COUNTY OF
FlorZ i dl-
~!n1"~f)'~
'f/The foregoing ).nstrument was acknowledged before me this
/4 ~, day of ~('en1 b: R.. , 1994, by WALTER KUCHAR and
BONNIE DIANE KUCHAR, his wife, who are personally known to me or
who has produced f'(( ~)()I'\i,111lr)() <I", 1l./ rf/C' as
identification and who did (did not take an oath.
rh'uL' '(:fJ
/J({'i
Notary
Notary Public, Stnte of Florida at Large
My Commission Expires Sept. 23, 1995
Bonded thrll HIJr:kleberrv 8> I\ss0r.i~tes
Maria Rempy Blanchard
Notary name typed
Seal/Stamp:
(annexation\palmBreeze.Kuchar)
December 2, 1994
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EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
890.66 feet along the South line of said U. S. Lot 6 for the point
of beginning; thence South 89056'40" East 80.29 feet along the
south line of said U. S. Lot 6; thence North 4047'10" West 167.14
feet; thence South 85012'50" West 80 feet; thence South 4047'10"
East 160.36 feet to the point of beginning. The Northerly 25 feet
of the herein described property subject to an easement for access.1
Together with the right of use of the following described easement.
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
99.09 feet; thence North 77009'50" East 489.62 feet; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64041'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'50" West 448.72 feet; thence South 77009'50"
West 487.50 feet; thence North 89056'40" West 118.65 to the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
26041'40" East 55.99 feet along the said Easterly Right-of-Way line
of U. S. Highway No. 1 to the point of beginning. All lying and
being in Township 18 South, Range 34 East.
(annexation\palmBreeze.Kuchar)
December 2, 1994
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EXIIIBIT "B"
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Art. Vll
VOLUSlA COUNTY CODE
AIl. VII
.
. ft~crellUonal ore9..!l (rder lo secUon orl,OO(en, (Ord, No: 92.6, i XVII
\ ',I, .1
ScI!OIS, Jl:uoehlal or Jltlvnll! (rerer lo section Ol1,OO(u)),
Z.ro ollln. r.,ld."nll aI ,ubdi vl,ion, (rel.r lo ,.ctioll 811.00(10)).
Dime,., ~ollt,q u're".,nls:
Minimum ~<.. .Iu:
Area: 12,OQO square feet.
. Wldlh: 100 'r,t.
Min'mum :y~rJ s~~~ '
Front yard: 30 [e"l-
ltelU' YlU'd: 20 perch .t of lhe deplh or lhe lol, b t not Jess lhan 20 reel.
Slde yord:
81,39, t X, 11.1 \01)
AhulUng ony sheel: 30 reel. I
W.l.rlrolll y..d. 20 I..rc.n~ollol d. , 10 bul 1101 1m lI,nll 2G r..l, or 110. ..q~lt.d
.hor.lln. bull.r, which.v~ i, gr .l.r.lO.d. No. 82.20, .G XIII, 12.9.82; Old. No.
90.3~, G 16, 9.21.90)
.
Moximum buildin, ,.eigl.,: 35 feet.' \ ...
It{oximutll lot (ou,roD': 'rhe lolall area ~vered wllh principal Bnd occessory building!
:.100111101 exc..d 35 I,.rc.n!. \. ::
Minimum floor or,a: 1,200 5( aro feet. (Ord. no. 81,39, G X, 11-19,81)
Off-St,ut ro,hinllo"J lAO": 'II n,q"I,,,,,,,,ts: OI~\r..1 puking ond lo.dlng ....; 1Il..1Ing
110. ..qult.lIl.nl! or ..cLlon' 10.00 nnd 811.00 .10011 \. con,trucl.d. IO.d. No. 90.34, , 16,
9.21-901 \.
Ground slglls (r.r. 10 ..clloll 822.00 .I..q. ror nddllloll~.RulnUon.).IO.d. N.. 88.16, I
IX, 10.23.86 ,'\
ProJ.cU",.lg' (rer., (. secLion 822.00 .I..q. ror oddiUollol ~\RulnU.".).IO'd. No. 86-l6,
G IX. 10. 3.06)' \ - '
T.mp.r..y' 81gllS (r.r.r 1.0 ..CUOII 822.88 .1 ..'1' ror oddlllollM ,.gulnll."'), (o.d. No.
86.1 ,f IX, 10.23.86) I \.
.~,~."~t.~;UJtuAN ~Jj~~~~,E:f~\Fr
lLESWEN'l'lAL CLASSIFICATION
Purpose olld.1"lffll: 'rhe 1'011'050 nml illlen~ or the Jt.3 UrbaJl Slngle.foJIIUy ltesldenUnl
CJassilicaUol1, ~!J lo provide IJlediun".low.demily residential develol'menh, Ilresetvll1g the duu.
octor or exlsUng or IJrollOsed residenlial neighborhoods.
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Arl. VII
APl'ENDIX B-ZONING OHDlNANCE
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Art VII
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/'.,rlllilltd Principal Usu and Str"clurt: In till! n.:) UrbAII Slngle.FB.lJllly ltesldenUal
CI~i(jcnUon, no'vremlse9 sholl be used except for 1I11! following uses olld their cllstolllnry
nccessory use.! or structures: '
ClusLer subdivisions (refer Lo section 828.02' (Old. No. 90.3~, G 16, 9.27.90)
Essential uuUty services. (Ord. No. 0".1, G JII, 3.8.84)
Exempl excavaUons (rerer to section 817.00(0)) AtIll/or those which comply wilh BrUcie VIII
or lhe Laud Developll1elll Cotle or VolushfCoul1ty (nppentll't AI Dnd/or nllnl slle plnn
review J,rocedures orthls ottllll:!.lIcc. (Oltl. No. 84.1, Gill, 3.8.84; Ord. No. 89.20, ~ VI,
G.0.09; Onl. No. 90.34, ~ 16, 9.2.,.90)
Exemp~ IlmdrilllJ (refer Lo sedlon 011.00("U. (Ord. No. 09.20, f VI, 6.8.89; Ord. No. 90.34,
~ IG, 9.27.90)
Fire sLoUolJs. (Ord. No. 92.6, G XVIfJ, 6....92)
HOllle occupaUons, clan A (terer lo sedioll 80'1.00).
ParJu 8J1d ~ecreBlioJHt.l nreM accessory to resltlellUol developmenh.
Public schools. (Old. No. 92.6, G XVlIf, 6.".92)
Publicly owned parks aud H!Clealion:u nlens. (Ord. No. 92.6, fi XVIII, G....92)
Publicly owned or regulaletl woLcr supply welh. (Ord. No. 92.6, I XVIII, 6....92)
Slngle.famlly IlLBlldlUd or manufadured dwelling. (Old. No. 04.~. ~ X, 3.8.04)
Pumllltcl Sptcia~ Exctpliolls: AlItlillonal regulaUons/requhemenls governing perrnllted
spedal exceptlons are located In seclioll!l 817.00 n lid 1104.00 of lhll: ordinance. (Onl. No. 90.34,
:....~.:\ . i 16, 9.21.90) .
.~:. Anlenmu exceeding 70 feel in heigltl nbove ground level.
Bed llnd breakfMt hornestny (rerer La sedion 01'1.00(s)). (Ord. No. 90.34, G 16,9.21.90)
Doy core centers (rerer lo section OH.OOII)). (Ottl. No. 90.34, ~ 113, 9.21.90)
ExcavatlonlJ only for slormwaler relenlion pOllds for which 8 penlllt h requited bylhls
ordinance. (Ord. No. 04.1, G VII, 3.8.8~; Old. No. 89.20, ~ VII, 6.8.69)
Garllge 8pllttmenls.
Houses of worship D.ud c@lIIeLeries (refer Lo section 811.00(d)).
Off-street parking nreM (refer lo sedlon 011.00(11)). (Ortl. No. 65.2, G 1,3.14.85; Old. No.
90.34, f 16, 9.21.90)..
PubUc uses not listed M D IH!rtll.llted prilldpal use. (Ord. No. 92.6, f XVIII, 6....92)
Public utility uses and struclure!! (rerer lo section 017.00(a)). (Ord. No. 8".1, G 11I,3.8.84)
ltecreatlollalllteM (refer Lo section 011.00(c)). (Ord. No. 92.6, ~ XVIII, 6.".92)
School5, paroclllnJ or 1" ivalo (r efer to seclron Ol'/.OO(dU.
Zero Jot Uno resldenUrtl ,ub~lvislon9 heCer lo !;I!cllon 017.00(h)).
Dinaftll;ollol Rtqu;rfllltllb:
Milllmum 101 .121:
'ArI!8J.I0,OOO squOle feet.
Widths 86 feet.
. Minimum yard siu:
Front ylltd: 30 feet.
Rear yard: 20 I,ercenl or lho deplh of lhe lo~ bu~ noL len lIlDn 20 feet.
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~ane M. Matousek
Volusia County, Clerk of Court
EXIIlBIT "B"
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Art. VII
VOLUSlA COUNTY CODE
Art. VII
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AbulUng any lot: 20 feet combined, minimum or 8 feet on allY one side. (Ord. No.
81.39, G XI, 11.19.0U
~bulLlng I\I1Y sheet: 30 [eel.
Walerfront. yard: 20 IJerccllt or lot dl!Jllh but not leu lhan 25 feet, or tile required
shoreline burrer, whichever is grealer. (Ord. No. 62.20,1 XlII, 12.9.82; .Ord. Ho.
90.34, ~ 16, 9.21.90)
Mcuimunl building 'lei,"': 35 feet
M01imuIJI 101 c0I1,r08': 'rhe lol~ lot ruea covered wllh IJrlnclpaland necessory bulldlng!l
shall not e:<ceed 35 percent
Minimum {loor ,?rfO: 1,000 SltUM\! feet. (Ord. No. 81.39, f XI, 11.19.81)
O{{SI"" Porlli/lgo/ld Loud i/lg ll,quir "/1,/11,, 011. ,Ir eet pill" kl /lg Ill".d 10.dI/lg Ill" e.s ",eeU/lg
Ihe requlreme/lls of "cUO/lS 010.00 o/ld 011.00 ,h.1I b. cO/lslrucled. lOrd. No. 90.34, G 16,
9.21.90)
Typu ot Sign. Permllled:
Oroundllgn! (leror Lo secllon 822.00 et seg. for llddlllonal regulallol1l). (Ord. No. 86.16, G
JX, 10.23.86) . .
ProJecllng sign! (refer Lo secllon 822.00 eL seq. for oddlllonal regulllllol1s). lOrd. No. 86.16,
i lX, 10.23.86)
Temporlll")' signs (rerer to seclion 022.00 et seq. ror addillono.l regulaUonsl. lOrd. No.
66.16, G IX, 10.23.86)
It." UItUAN SINGLE.FAMILY
.
HESlUEHTlAL CL1\SSlfICATION
Purp." ond 1"1'"" 1"1oe l",rlJose a/ld Inient or Ihe It.. Urban Slngle.Famlly n..ldenU.1
Classllicollon Ig lo provide 11Iediullt.dcnslty ,esldl!nllnl doyeloJllllenh, preserving the chor.
acler of ex.lsllllg or proposl!o resitlenllal neighborhoods. .
Ptrlllfll,d Principal Uses and Structures: In the It." Urban Slngle.Famlly lteslde"Ual
. .
ClossUicollol1, no Jlremlse!l shall be used ex.cppt ror the rollowlng uSe! gnd their cuslomory
Accessory uses or slruclurc!I: .
Cluster subdivisions. herer lo sl!cllon 81.0.02). (Ord. No. 90.M, i 11, 9.21.90)
EssenLlnl uUliLy service!. (Ord. No. 01.1, ~ 111,3.0.04) .
Exempt e:<cltVnUOII!l (re[er lo secUon 01'l.OU(0)) olUJ/or those ,~hlch cOlllply wIth ftrllcle VIII
or lho LAlit) DeveloplIlent COlIc or Vol\l!!ln COUlIly (nppendl.x AJ nlltJ/or IIl1al slle ,Jlon
review IIrocedurc!I orlh19 01 U1JH1JlCe. (Onl. No. M.l, G 11', 3.0.8-1; Out No. 09.20, G VI,
6.8-09; Ord. No. 90.3~, G 1'1, 9.2".90)
EXOI!lpt 10ndlUI, (rer e r 10 secUon 017.0011' II. lOrd. No. 09.20, i V J, 6.0.09; Qrd. No. 9 O. 3.1,
G 11,9;21.90)
Fire slallons. (Ord. No. 92.6, G XIX, 6.".92)
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034188
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03/15/1995 10:28
-.'strument # 95034189
......oak: 3990
Page: 940
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this
---L;O/l cI,_ , 1995, by and between, the CITY OF EDGEWATER,
~ day of
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
ALVA W. and EVELYN M. LEWIS, 127 Palm Breeze Drive, Edgewater,
Florida 32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .48 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.Lewis)
January 31, 1995
1
EXHIBIT "J"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\palmBreeze.Lewis)
January 31, 1995
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address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\palmBreeze.Lewis)
January 31, 1995
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
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F~R 'ORM
TNESS:
Dated:
Kris
City
Witnessed by:
OWNER:
~~~~~
"'-- \
Eliza eth J. McBride
Witness named typed
t! &{( ({J Ji.b-f~
Alva W. Lewis
-c
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)} J. .~u,-<--~)
M. Lewis
Florida
Volusia
STATE OF
COUNTY OF
The foregoing instrument was
1st day of Februarv
EVELYN M. LEWIS, his wife, who are
has produced
identification and who ~ (did not) take an oath.
acknowledged before me this
, 1995, by ALVA W. LEWIS and
personally known to me or who
as
...".......-....
.~I
Sondra Meager-Pengov
Notary name typed
~,\\\ "" "'1/1///
,"~,{ \t.r.AGER.Jf(~
~... ~'r' ........ <.""A~ ~
~-& ..:~~\SSION ,(':...;~ ~
~:5:'._C'\~' ""'1"..o.~""
.;: <::s: 'V#Y 17 ~ .'Z.~
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(annexation\PalmBreeze .Lewis) ~'11>;...~:~I/fJ!d~~..~.'""s>~
~ rA ...rlln~lnf3,\\ ...~"' ~~
~"lp8LiC"sl~~ ~",~
January 31, 1995 1///11/;111114'\
Seal/Stamp:
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EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
1126.3 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 9.38 feet for the Point of Beginning; thence North
25018'40" West 120 feet; thence North 64041'20" East 199.62 feet;
thence South 25018'40" East 120 feet; thence South 64041'20" West
199.92 feet to the Point of Beginning. The Westerly 25 feet of the
herein described property subject to an easement for access.
Together with the right of use of the following described easement.
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
99.09 feet; thence North 77009'50" East 489.62 feet; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64041'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'50" West 448.72 feet; thence South 77009'50'
West 487.50 feet; thence North 89056'40" West 118.65 feet to the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
26041'40" East 55.99 feet along the said Easterly Right-of-Way line
of U. S. Highway No. 1 to the Point of Beginning. All lying and
begin in Township 18 South, Range 34 East; and also conveyed hereby
are all of the Riparian or other water rights in anywise pertaining
or belonging unto the property first described herein.
(annexation\palmBreeze.Lewis)
January 31, 1995
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EXIIIBIT "B"
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Arl. Vll
VOLUSLA COUNTY CODE
Art VII
.
.ft~crl!llUonol oreM (refer lo scclloll Oft.OO(e)). (Ord. No: 92.6, G XVII 6.".92)
\ ',', _I
ScI!OI!;, p:uochiol or privale (refer Lo section 011.00(u)).
Zero oUine resld.enllal subdivisions (refer Lo seclion ~11.00(h)).
Dlmen$ lZollhqulrcmellfJ:
Minimum ~~ ,{u:
Arell: 12,bQo SqUUB feet.
, Width: 100 'f,t.
Minimum ;y~rcl s~~~ '
Fron~ yud: 30 fe\t.
Itear yud: 20 pere" Il of Lhe deplh of lhe lol, b t not less lhan 20 feet.
Side yard: -'
81.39, fi X, 11.1 ,01)
AhulUlIg ClIlY slreeL: 30 feel.
WaLerfront YClrd: 20 pcreell~of lol ~!! J h bul not leS! limn 25 feet, or lhe required
shoreline buffer, whichev~ is gr nler. (Ord. No. 82.20, ,fi XlII, 12.9.82; Ord. No.
90.3", 6 15, 9.2'[.90)
.
Maxl",u", bulIdlll' ,..1,/.,: 35 r..I.' ~ ... :
M~~;:~;',~:: :::::~';~.:~~:c~:~ I ",on C \Od wllh prl~,clpnl nnd B,c"'Ory~~Ulldlng.
Minimum floor area: 1,200 s( arl! feel. (Ord. no. 81.39, G X, 11.19.81)
OffSlrul Pd' hili' dlld Lodd j 'g ll'qu I",,, '" / s: OI~\ reol P'" W"g B"d I..dln g oro.; ",oollng
lhe requhemen15 of sections 10.00 oud 611.00 shall be conslructed. (Ord. No. 90.34, f 16,
9.27-90) \..
Ground signs (refe Lo secUon 022.00 el seq. for llddlUon~egulallon5). (On1. No. 86.16, G
IX, 10.23.66 " \
ProJecUng sliP (rerer lo seelion 022.00 el seq. for BddlUonal'\luIIlUonsJ. (Ord. No. 86.16,
G IX. 10. 3.06)' \ - .
'l'elllpofUY signs (refer to secllon 822.00 c~ S!!'l. for addlllonM regulllllons), (Ord. No,
8G.1 ,G lX, 10.23.86) \ .
, ~
.~.~.(J~t.~;UJUJAN ~ii~H~~fl.':M\~Y:
lLESWENTlAL CLASSIFJCATION
PUTJ10U CJ1ld, [,,'w,: 'rhe purposo OJllI inlent of the Jt.3 Urban Slngle.FIlJllUy Itesldenllnl
CJassHicallon, ~!J lo provide lIleuiull,\olowoul!nsilY resluenUlll develol'lIlellh,llfeservlllg the duU'.
acler or exlsllng or }lrollOsed residellliallleighborhoods.
SUJlJl. No. U
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946
EXIIIBIT "B"
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Art. VI I
APPENDIX D-ZONING OItDINANCE
Jut. VIl
P.<<rlllilltd Prlllcipal Usu alld Slt'Uclurt: In 1I1l! 1{.3 Urban Slngle.Fa.mlly Itesldellllal
CIM~Hicalloll, 110 l~rellllse!J sholl ba used except for the following uses ond their C\lstolllnl'y
accessory use! or structures:
Cluster subdivisions (refer to section 820.02) (OuJ. No. 90.3~, G 16, 9.27.90) .
Essenlilll utlmy services. (Ord. No. 801.1, G III, 3.8.84)
Exempt excavations (refer lo section 617.00(0)) nml/or lhose which comply with arUcle VIII
or lhe Laud DeveloJlllu!IIl Code of Volusl~"'COUllly (oJlpendL"< Al oml/or finnl slle plnn
review procedures of lllb ou.llnn.llce.(Ord. No. 01.1, ~ 111,3.8.84; Ord. No. 89.20, ~ VI,
6.8-09; Ord. No. 90.3~, ~ 10, 9.2'1.90)
E:<e/llp~ Ia.ndfills (rerer to section 617.00(,,)). (Ord. No. B9.20, G VI, 6.B.B9; Ord. No. 90.3~,
~ 16, 9.27.90)
FIre stations. (Ord. No. 92.6, G XVlJl, 6.4.92)
Home occupaUolu. dtts! A (refer lo seclioll 601.00).
ParJu llJld recrettLlonal llflH\j nccessory lo residenUaI development.!.
Public schools. (OnJ. No. 92.6, ~ XVIII, G.-i.92)
Publicly owned parks IlJld leCl'ealionaJ Arens. (OnJ. No. 92.6, ~ XVIII, 6.~.92)
Publicly owned or regulaLed woter supply wells. (Ord. No. 92.6, G XVIII, 6.~.92)
Slngle.rlUnlly slondlUd or InllJlufnclured dwelling. (Ord. No. M.~, ~ X, 3.8.8~)
PtrmWtd Sptcia~ ExctptiOlu: AddHlonlll regulaUol1s/requlrernenh governing perrnllled
special e:<cepllons are localed ill secliong 81'1.00 nlllll10~.OO of lhls ordinance. (Ord. No. 90.3~,
G 16, 9.21.90) .
AJllenn:l.5 exceeding 70 feet in height nbove ground level.
Bed OJ1d brea.kfnst hOl1leslny (refer Lo section 017.00(5)). (Ord. No. 90.3~, f 16, 9.21.90)
Doy care cenlers (refer Lo section 017.00(1)). (Ord. No. 90.34, G 10, 9.27.90)
Excavation! only for slormwnler relention ponds for which II permit h required by lllls
ordinance. (Ord. No. 01.1, G VII, 3-0.M; Ord. No. 69.20, ~ VII, 6.8.69)
Ganga opulmenls.
Houses or worship o.nd celJlel(!r1e~ (r(!fer lo section 017.00(d)).
Olf.slreet plUking lUeu (ref(!r lo secllon 017.00(n)). (Onl. No. 85.2, ~ I, 3.H.85; Ord. No.
90.34, ~ 16, 9.27.90) , . .
PubUc useg not I1sted M a permUled princlpal use. (Ord. No. 92.S, fi XVIII, 6.~.92)
Public uHUty use! and shuclure! (rerer lo section 817.00(a)). (Ord. No. 801.1, f Ill, 3.0-B~)
Hecreatlonlll o..reM (refer Lo secllon Ul1.00(c)). (Ord. No. 92.6, ~ XVIII, 6--1.92)
School!, po..rochlnJ or Jlrivnlo (r er(!r lo sed{on on.oo(d)).
Zero lot Une resldenUnl suL(~lvislon!J (Iefer Lo secllon 617.00(h)).
lJinwuiollol Requiremellts:
Mlnlmum lot .Iu:
'At e lU. 10,000 square feet.
Widths 85 feet.
Minimum yard slu:
Fron~ yud: 30 feet
Rear yard: 20 I)ercellt or lho deJ)lla or lhe lot but not leu lhol1 20 feel.
Supp. No. U
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'Rook: 3990
~age: 947
UIane M. Matousek
Volusia County, Clerk of Court
EXHIBIT "B"
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Art . /11
VQLUSlA COUN'l'Y CODE
Art. VII
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. ...\bulllng any Jot: 20 feet comblneu, minimum or 8 ree~ on any 0110 side. (Ord. No.
81.39, G Xl, 11.19.01)
~bu~ ling RIlY street: 30 feet
WalerfrolH~ yard: 20 IJetcclll of Jol dcplh bulllot Jell!! lhan 25 feet, or lhe required
shorelh~9 burfer, whichever h grealer. (Onl. No. 62.20, '6 XlII, 12.9.82; .Ord. Ho.
90.3., ~ .1.6, 9.27.90)
.'
/Ilaxillwna bulldillH /Itig"': 35 re~t
/Ila.xlmum lot COVfrc18t: The lol~ lol {\Iea. covered willi prlnclpo.land necessory bulldlllg!!
shall not exceed 35 Ilercelll.
Minimum floor <<?rfO: 1,000 squnre feel. (Ord. No. 81.39, i XI, 11.19.81)
OrfS'r"d Par/ling oncl Loodillg /ll!quirwlwh: orr.slreel paJ'kJng and loading o.reasll1eeUng
lho requirement! or sectlon!l 010.00 oml 811.00 sh~1l be conslrucled. (Ord. No. 90.34, ~ 16,
0.27.90)
Typu of Signs Ptrmllltd:
Ground slgn!l (refer Lo secllon 022.00 et seg. for audHlonol regulations). (Ord. No. 86.16, fi
lX, 10.23.86)
ProJecUng sign!! (refer to secUon 822.00 et seq. for odulllonal regulaLlons). (Ord. No..8G.1G,
i lX, 10.23.86)
. remporat}' .Ign. (rere, 10 ,eclion 822.00 el .eq. for .ddiUollo.l regut.Uon.). lOrd. No.
66.16, G IX, 10.23.(6)
Jl.<\ VilHAN SINGLE.FAMILY
HESIUENTW. CL!\SSlfICA'fION
PU'pOJt Clucl/llltlll: The p\ltpose R/Illlnlent or lhe It." Urban Slngle.Fomlly Hesldenlllll
Classllicollon b lo provide IlIellium.dclIslly Jesh.lcnllnl dovelopl1lenl!l, preserving the chor.
acler of exIsUng or proposed residential Ilelghborhoods. .
.
PtrlllWtd Principal Usu U1tJ SIruclures: III lhe It." Urban Slngle.Famlly ltesldellllBI
ClossHicoUolI, n~ premise!! shall bl] u'sed exc.cpt for the rollowlng uses ondlhelr cuslomory
necessory uses or 5huclurl!s~ .
Cluster subdlvlsloll!!. (refer Lo sl!clloll 61.0.02). (Ord. No. 90.34, fi 11, 9.27.90)
EssenUnl uliliLy servlce!l. (Oru. No. 01.1, ~ III, 3.0.M) .
EXl!I"pt l!:tc(wnllOll!l (rcrer Lo secllon 01'1.00(0)) "JIll/or lhosl! \vhlch cOlllply wah nrllcle VIII
or lho Ll\IId VeveloJIIIIl!lIt COlic ur Volllllln CouIILy Inppelltllx AI "lid/or ""al slLe "IAIl
review Ilfocedures orlhls OldUI3J1Ce. (Onl. No. 04.1, ~ Ill, 3.8.84; Old. No. 09;20, ~ VI,
6.8.09; Oru. No. 90.34, ~ 1'1, 9.2'1.90)
Exel~lpt laJldlUl!l (refer lo sedlon 01'1.00(1'))' (OnI. No. 09.20, G VI, 0.0.89; Old. No. 90.3.1,
G 17,9:21.90)
Flu station!!. (Onl. No. 92.6, ~ XL'<, 6.,..92)
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03/15/1995 10:28
1strument # 95034190
~DDk: 3990
Page: 948
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 6-th day of
~/CVl ~, 199A) by and between, the CITY OF EDGEWATER,
.....
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edge.water, Florida 32132, (hereinafter referred to as "City"); and
WESLEY W. TANNER, 125 Palm Breeze Drive, Edgewater, Florida 32~41
(hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parc~l of approximately .48 ::lCre3 located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexatlon\PalmBreeze.Tannerj
October 21, 1994
1
EXHIBIT "K"
TO ORDINANCE #94-0-24
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949
3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6. AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(snnexstion\pslmBreeze.Tsnner)
October 21, 1994
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950
address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall' be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(snnexatlon\palmBreeze.Tanner)
October 21, 1994
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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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ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
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Dated. f'O!q;-
APPROVED ~R FORM
AND CORRECTNESS:
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witnessed by:
OWNER:
""(J
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Witne9s named typed
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[(.J ..
Wesley W.
~
STATE OF ~-
COUNTY OF {llU2~~-?-
(;f.-The foregoi
II - day of
who is (personally
----- --------
was
acknowledged before me this
, ~~ by WESLEY W. TANNER,
me / ~ who has pr~_~d-
asidentlfication-a~~o dId:)
to
(did not) take an oath.
~C;~
~ ublJ.c
7:i e...7L y1 /i fZ tY- .-" Ie ~
Notar~ name typed
Seal/Stamp:
~''b~~:fj:;;~~ BEllY A. BROOKS
f.? -.;to:! MY COMMISSION' CC 322208
~,,;. . EXPIPCS: November 16. 1997
"'~ Bonded 1l1ru No1IIy PubIJc ~
(annexation\palmBreeze.Tanner)
October 21, 1994
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952
EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the South line of u. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-W?l line of U. S. Highway No.1; thence South 89056'40." East
.1,126.3 feet along the South line of said U. S. Lot 6, thence North
64041'20" East 9.38 feet; thence North 25018'40" West 120 feet for
the Point of Beginning; thence continue North 25018'40" West 120
feet; thence North 64041'20" East 199.62 feet; thence South
25018'40" East 120 feet; thence South 64041'20" West 199.62 feet to
the Point of Beginning. The Westerly 25 feet of the hereinabove
described property subject to an easement for access.
Together with the of use of the following described easement:
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
99.09 feet; thence North 77009'50" East 486.62 feet; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64041'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'50" West 448.72 feet; thence South 77009'50"
West 487.50 feet; thence North 89056'40" West 118.65 feet to the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
26041'40" East 55.99 feet along the said Easterly Right-of-Way line
of U. S. Highway No. 1 to the Point of Beginning. All lying and
being in Township 18 South, Range 34 East.
(annexatlon\palmBreeze.Tanner)
October 21, 1994
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EXIIIBIT "B"
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Art. VI1
VOLUSlA COUNTY CODE
Art VII
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'JYecreaUonal nren.!l (refer to seeUol1 Or/.OO(e)). (Ord. No: 92.6, I XVII
\ ',',
ScI!OIS, p:uoehial or private (refer lo section 011.00(d)).
Zero ot Une resld,enUal subdivisiol1!! (refer lo section ~17 .00(h)).
Din.,ns ~olltfqulrf".'nIJ:
Minimum ~(.. .lu:
Area: 12,bQo square feet
Wldlh: 100'r\l.
Minlrrau". yord ,~~~ '
Fron~ yard: 30 fe\t
Itear yard: 20 pere). It of lhe deplh of lhe lol, b l not less than 20 feel.
Side yard:
81.39, f X, 11.1 ,01)
AhulUng BUY slreet: 30 feel.
Walerfront YBItt: 20 1"!rCel1~of lol ~l! r h L\ll nol leu limn 2[; feel, or lhe required
shoreUn9 burrer, whiehev~ is gr nler. (Onl. No. 82.20, ,f XIII, 12.9.82; Ord. No.
90.3", G 16, 9.21.90)
.
Maximum building/ado/ll: 35 feet. \ ...
Mo.x,imuIII lof cou,roB': 'flae lotal J n.rea~vered wilh principal Gnd necessory building'
:.hallllot ..c.od 35 I,o,co"t \. ~'
Minimum {loor or,o: 1,200 s( are feet (Ord. no. 81.39, G X, 11.19.81)
Off.SI,,,' Po,MIIg.lld Lo.d: 'gll,qu I,w"" I" OI~\,..t P'" kl"'1o"d loodi,,'1 or.'; ",.dl" II
lhe requlremenls of seellons 10.00 ollll 611.00 shall be constructed. (Ord. No. 90.3~, f 16,
9.27-90) \..
Ground slgn5 (rerl! lo secllon 822.00 el seq. for addlUon"\tegulllllotls). (Ord. No. 86.16, I
IX, 10.23.86 .' \
Projecting slga (refer lo seelion 822.00 el seq. for addIUonal'r\gulallons). (Ord. No. 80.16,
G IX. 10. 3.06)' \ -
1'.lJIpotary slgll! (t.r.r to ..clloll 022.00 eI '.'1' r.r .ddlllollM rogulolloJl'). IOtd. Ho.
06.1 . f IX, 10.23.061 I \.
.~.~."~t.~;UllUAN ~JjA~l~~fl.\M\F!:
lLESWENTlAL CLASSIFICATION
Pur ]10$1 olldJnftlll: 'fhe I)m 1'050 nml intenl of the 1l.3 UrbllJl Slngle.FAmUy ltesldenUnl
CJassiricallon, b lo provide medium. low-density residential develolllllenb,l,resetvlng lhe dIM'
. .
aelor or exlsUng or llroposed residenliallleighborhoods.
SUI'P' No. 55
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EXI1l8lT "8"
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Art. VII
APPENDIX D-ZONING OIlDlNANCE
Art VII
P.<<rlllilltd Prlllcipal Usu and Slrllclurt: In lhe Jt.3 Urban Slngle.FBJI1l1y Itesldelllllll
CIM~i(icnUolI, no 'fremlse!I sholl be used except for lhe following uses nnd lhelr cuslolt1nlY
llccessory USe! or structures!
Cluster subdivisions (refer lo seclion 820.02) (Ord. No. 90.34, i 16, 9.21.90)
Essenlinl uUmy services. (Ord. No. 0".1, f III, 3.0.0..)
Exempt excavnUons (rerer lo section 817.00(0)) {tud/or lhose which cOll1l'ly wilh article VIII
or lhe Land Develol'lIIent Code or VolushfCoullty (l1l'pendl'( AI ulld/or IInnl slle plnn
review procedures or thi!! otllln:mce. (Ord. No. 01.1, ~ 111,3.9.8-1; Ord. No. 89.20, f VI,
6.0.09, Onl. No. 90.34, ~ 16, 9.2'/.90)
E:<efJlp~ huu.irills (refer to secllon 011.00(1'))' (Ord. No. 89.20, i VI, 6.8.89; Ord. No. 90.3",
i 16, 9.27.90)
FIre stnUons. (Ord. No. 92.6, i XVIII, 6.-1.92)
Home occupaUons, closs A (rder lo seclion 801.00).
Park.! 8nd ~ecreolionol nreltS nccessory lo residenllo.l developmenh.
Public schools. (On). No. 92.6, ~ XVlII, 6....92)
Publicly owned parks o.J1l1 reclealionnJ nleos. (Ord. No. 92.6, ~ XVIII, 6.4.92)
Publicly owned or regulaled wnler supply welh. (Ord. No. 92.6, ~ XVIII, 6.4.92)
Slngle,ClUully do.nda.rd or IIH\.nufnclured dwelling. (Old. No. 84.~, I X, 3.8.0..)
Ptrmllltd Sptcia~ ExctptiOlu: AddHlollo.l regulaUolls/requllemenh governing perllllUed
special e;(cepUons are localed ill secUoll!!Bl'1.00 Dlld 110".00 oflhls ordinance. (Ord. No. 90.:H,
116, 9.21.90) ·
AJ1lf!IlIH1~ exceeding 70 feet ill height nbove ground level.
Bed (lJld breo.JuMt homestny (refer to section 011.00(s)). (Ord. No. 90.3~, f 16,9.27.90)
Doy care centers (refer lo section 017.00(1)). (Ord. No. 90.3~, ~ 10, 9.27.90)
E;(C3VaUOns only for sLormwnter relelllioll pono!! ror which 9 permit Is required by lhls
ordlnlUlce. (Ord. No. M.I, fi VII, 3.0.8~; Old. No. 69.20, G VII, 6.8.69)
Go.roge (lpo.rtmenh.
lIouses of worship o.nd celllelerle~ (refer to secllon 811.00(d)).
Olr.slree~ plUk.lng l\feRJ h erer to section 017.00(11)). (Ord. No. 85.2, i I, 3.14.85; Ord. No.
90.3", f 16, 9.27.90)
PubUc use! not listed M 9 permUled principal use. (Ord. No. 92.8, i XVIII, 8....92)
Public uUmy uses and shuclures (refer to section 017.00(a)). (Ord. No. M.l, , 111,3.8.84)
ltecreational D.leM (refer Lo section 017.00(c)). (Ord. No. 92.6, f XVIII, 6....92)
Schools, pD.lochlnl or III iV:ilo (r efer lo sed 1011 01'1.00(d)).
Zero lo~ lino resh]elltllllIiUU(~lvlslolI!J berer lo !;l!CUOII 017.00(h)).
IJinaensiollolll,qui"IIwlb:
Minimum lot slut
.Aull!.10,OOO IquD.fe feet.
Wldllu 85 feet.
. Minimum yord ,irr:
Front ya.rd: 30 feet.
Rear yard: 20 I'l!rcent of tho depth or thl! lot buL noL len lhon 20 feel.
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"age: 955
~ane M. Matousek
Volusia County, Clerk of Eourt
EXIIIOIT "0"
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Art. VJl
VOLUSlA COUN1'Y CODE
Jut. VII
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.
.'
. Side YlUd, . .
AbulUng onylot: 20 [eet combined, minimum or 8 feet on DUY one side. (Ord. No.
81.39, G XI, 11.19.01)
~bulUng Any street: 30 reel.
Walerrron~ yard: 20 percent orlo~ depth bulnolle!l!! lhan 25 [eel, or lhe required
shoreline burrer, whichever 19 grellter. (Ortl. No. 82,20,fi XlII, 12.9.82j .Ord. No.
90.3., ~ 16, 9.21-90)
Mcu:imum building Iltig/.': 35 feet
Mo:dtlluna 101 (outroge: The lot~ lol mea covered with IJrlnclpal ond necessary buildings
shalll10t exceed 35 percent
Minimum floor ,?reo: 1,000 squllIe [eel. (Ord. No. 01.39, fi XJ, 11.19-81)
OrfSlrt!d Por/:ing and u:lCIdi"g /ll!quirttllwh: orr.slteeL parking Dnd loading areas IHeeUng
lhe requlremenh of secUoIU 010.00 otHl 011.00 shall be constructed. (Ord. No. 90,3~, 116,
9.21.90)
Types of Sign. Ptrnallltd:
Ground signs (rerer lo seclloll 022.00 el sey. for additional regulllUonll). (Ord. No. 86.16, I
IX, 10.23.86) , ,
Projecting signs (refer lo seclloll 822.00 el seq. for oddlllona.l regulations). (Ord. No. 86.16,
f IX, 10.23.86)
Temporary signs (refer to seclion 822.00 el seq. ror Dddillonal regulallol1s). (Ord. No.
66.16, fiX, 10.23.86)
It." UlmAN SINGLE.FAMILY
.
ItESIDENTlAL CLASSifiCATION
P.'pou ."d 1",,,,1: Tho I"" "oso o"d Inio,,! of lho II.~ Urbon Slnalo.rollllly lIosldo..llol
Classllicollon Is lo provide lI1etliull1.dcllslly 'l!sltlcnlll' 1 do~elop"'enh, ptellervlllg the clun.
Reler or existing or proposed residenLlal Jlelghborhoods. .
Perlllllled Principal U$U and Struclures: In the It." Urban Slngle.fnJl1l1y ltesldenUal
. .
Clossllicollon, no premise! shall be used excppl for the [ollowlng use!! ond lhelr cU9lo1110ty
Accessory uses or struelures: '
Clusler subdlvlslon!J. hdl!r to section G~O.U2). (Ord. No. 90.34, g 11, 9.27.90)
Essenllnl utility service!!. (Oul. No. M.I, ~ III, 3.0,M) .
E:<I!JUpl UCRvnUOII!J (rcfer to secllon 01".00(0)) umVor tllOSg \vhlcla cOlllply with nrllcle VIII
of tho Ln.nd VevelOp"ll!nt COIle of VolU!lln County (npl'l!mllx AI nmJ/or 1111(\1 !:Ile "IAIl
review IJrocedure!J of this oltllJH1Jlce. (Ord. No. 04.1, g JIJ, 3-9-81: On1. No. 09.20, G VI,
6.0-09: Ord. No. 90.31, G 11, 9.2".90)
EXI!I!,pt In,JIdlUb (refer lo secUon 811.0U(p)). (Onl. No. 09.20, G VI, G-0.89: Old. 1'10.90.3.1,
f 11,9;21.90)
Fire stallon!!. (Ord. No. 92.6, G XIX, 6.4.92)
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03/15/1995 10:28
tstrument # 95034191
~ook: 3990
Page: 956
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this
AM JL- 199f; by and between, the CITY OF EDGEWATER,
{;-/l'-.../ day of
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
BETTY A. BROOKS and MYRTLE C. ABERNATHY, 123 Palm Breeze Drive,
Edgewater, Florida 32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement includes
a residential parcel of approximately .16 acres located on Palm
Breeze Drive with a single-family residence and two vacant
commercial parcels of approximately .27 and .27 acres. The
property is more specifically described in the legal description
which is attached hereto and incorporated by reference as Exhibit
A.
2. PERMITTED USES
The property is currently zoned R-3 on one parcel (#12) and
zoned B-9 on two parcels (#1 and #2) by Volusia County. Attached
hereto and incorporated by referenoe as Exhibit B is a list of the
permitted uses and the restrictions and densities which will be
applicable to further development of the property until such time
as the City amends its comprehensive plan to recognize the
incorporation of the property.
Any new development wi thin the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.Abernathy)
December 9, 1994
1
EXHIBIT "L"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\palmBreeze.Abernathy)
December 9, 1994
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address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the state of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\palmBreeze.Abernathy)
December 9, 1994
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
I~,
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APPROVED FOR FORM
AND CORRECTNESS:
~I
. sta A. ey
Ci y Attorney
'"
witn.efsed1(/I.:...../. /7/. f";/" OWNER:
II .. //. ~
~// ,/~' I!"-'
/ ./. / i
4 c., ."... /.,' ~ c.-,~ e ty A Brooks
Dav~d A. C9PI'ad //.
wi tn eJi. s nam:-eid. ped/}. . / /'
1/ 1/' j//
,/ / /
fl.'; //,' I/o '
/. ...
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. ",- '.,~~,.....:..', ~....... 1 /-1\-,..,.....-_____
~~~e~
David A. Conrad
Witness named typed
t- t.
STATE OF \......i()') 11'1 f\__
COUNTY OF V;:L;5i ~ 1 .;~ I t'\
The foregoing instrument was acknowledged before me this
C{ \-\', day of lHe'l.! (n k:>< .>t) , 1994, by BETTY A. BROOKS and
MYRTLE C. ABERNATHY, who are (personally know~ to me or who has
produced '- ._-- as identification
and who did (did not) take an oath.
(3~dJt,-...lY). (_c-LC t~
Notary Public ~
Robin M. Wolf
Notary name typed
Seal/Stamp:
....,~~~u~~"
f~.?"~"~\ ROSIN MATUSIOK WOLF
~;1:..~.:~1 MY COMMISSION II CC280688 EXPIRES
.1,1'........~, May 1 1997
'''''''If.,n~''' BONDED TJi '
RU TRoY FAIN INSURANCE, INC.
(annexation\palmBreeze.Abernathy)
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL #1 and #2: Commence at the intersection of the South line
of said U. S. Lot 6, Section 2, Township 18 South, Range 34 East
and the Easterly right-of-way line of U. S. No. 1 Highway, thence
North 260418'40" West along said East right-of-way line 28 feet for
the point of beginning; thence along said East right-of-way line
North 26041'40" West 112 feet; thence North 77009'50" East 228.78
feet; thence South 12050'10" East 133.03 feet; thence South
77009'50" West 93 feet; thence North 89056'40" West 108.87 feet to
the point of beginning. Subject to a 25 foot easement over the
Southerly 25 feet.
PARCEL #12: Commence at the intersection of the South line of U.
S. Lot 6, Section 2, Township 18 South, Range 34 East and the
Easterly right-of-way line of U. S. Highway No.1; thence South
89056'40" East 1126.3 feet along the South line of said U. S. Lot
6; thence North 64041'20" East 9.38 feet; thence North 25018'40"
West 240 feet for the point of beginning; thence continue North
25018'40" West 156.55 feet; thence North 64041'20" East 174.62
feet; thence South 25018'40" East 156.55 feet; thence South
64041'20" West 174.62 feet to the point of beginning.
(annexation\palmBreeze.AbernathYJ
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EXHIBIT "B"
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Arlo Vll
VOLUSlA COUNTY CODE
Arlo Vll
Recreational DIeM (refer Lo section 817.00{c)). (Ord. No: 92.6, ~ XVII
\ "
Sc 0015, paroclli'al or privale (refer lo section 817.00(d)).
Zero oliine residential subdivisions (reCer lo secHon 817.00{h)).
DimenSI <\.cd Requirements:
Minimum ~t... 5iu:
Area: 12,bQo square feet.
Width: 100 'r\.l.
Minimum yard s~~~
Fronl YDId: 30 Ce\l.
Rear yard: 20 perC\Sl of lhe depth of lhe lol, b l nolless lhan 20 feel.
Side yard: " 1
Abulling any lol: Q feel COI~lbined,znit frnum oC 8 Ceel on any aile side. (Ord. No.
81.39, iX, 11.1)),81)
Abutling any streel: 30 feel.
Walerfronl yard: 20 percen~or lol de h bul Hal less lhan 25 feel, or lhe required
shoreline burrer, whichev~ is gr aLer. (Ord. No. 82.20, .f XlII, 12.9.82; Ord. No.
90.34, ~ 15, 9.27.90)
Maximum building heigh', 35 root. ~ ..
M~~~:~~'::: :::::~g;~ T:::cl:,:~ I am C \Od wllh pri?c1pal and .CCOSSOlJ'tlldlng,
Minimum floor area: 1,200 s are feel. (Ord. no. 81.39, ~ X, 11.19.81)
O{f-S'red Parh ing and lAad: .g n,quir..."'''s, O~\"Ol parking and loading oro.. rn..lI ng
lhe requirements or sedions 10.00 and 811.00 shall be conslrucled. (Ord. No. 90.34, ~ 15,
9.27.901' \
Ground signs (re~ to section 822.00 el seq. for additional{egulalions). (Ord. No. 86.16, ~
IX, 10.23.86 .' \
ProJecUng si (reCer Lo sedion 822.00 el seq. for additional ,,,gulations). (Ord. No. 86.16,
G IX, 10. 3.86)' \ .
Temporary: signs (refer to seclion 822.00 el sell. for BddiUonM regulations). (Oed. No.
8G.1 . f IX, 10.23.86) I \.
'i.~.~~.~;URBAN l?Jn9~~f~I.~Y:
ItESlDENTlAL CLASSIFICATION
purpose o1td.lnl~nl: The purpose ond inLenl or the R.3 Urban Single.FamUy Residential
ClassHic.alion, !s Lo provide JJlediu~.low.densilY residential developments, preserving lhe char.
acler or existing or proposed residential neighborhoods.
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Art. VII
APPENDIX B-ZONING ORDINANCE
Art vn
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P!rmilltd Principal Usu and Structure: In the n.3 Urban Single. Family Residenllal
Classification, no '\Jremises shall be used except for lhe following uses and their cuslomary
accessory use! or structures: '
Cluster subdivisions (refer to seclion 828.02) (Ord. No. 90.34, ~ 16, 9.27.90)
Essential uHlity services. (Ord. No. B4.1. ~ III, 3.B.B4)
Exempt excavations (refer to section 817.00(0)) and/or those which comply with arUcle VIII
of the Land Development Code of Volusia'Counly (appendL'( AI and/or final sile plan
review procedures of this ordin2.nce. (Ord. No. 84-1, ~ III, 3.8.84; Ord. No. 89-20, f VI.
6.8-89; Ord. No. 90.34, ~ 16, 9.27-90)
Exemp~ landfills (refer to section 817.00(p)). (Ord. No. 89.20, ~ Vl, 6-8.89; Ord. No. 90.34,
~ 16, 9.27.90)
Fire stations. (Ord. No. 92.6, ~ XVlll, 6.4.92)
Home occupations, cla.ss A (reCer to section 807.00).
Parks and recreational areas accessory to residential developments.
Public schools. (Ord. No. 92.6, ~ XVlII, 6.4.92)
Publicly owned parks 9J1d recreational areas. lOrd. No. 92.6, ~ XVIII, 6.4.92)
Publicly owned or regulaLed water supply wells. (Ord. No. 92.6, ~ XVIII, 6.4.92)
Single-farnily standard or marlUfaclured dwelling. (Ord. No. 84.~, ~ X, 3.B.84)
Ptrmilltd Special Exctptioru: Additional regulalions/requirernenls governing permilled
special exceptions are located in sections 817.00 and 1104.00 of this ordinance. (Ord. No. 90.34,
,'-:'.) f 16, 9.21.90) .
'.~:-: Antennas exceeding 70 feel in height above ground level.
Bed and breakfast homestay (refer to sedion 817.00(5)). (Ord. No. 90.34, ~ 16, 9.27.90)
Day care centers (refer to section 817.00(1)). (Ord. No. 90.34, ~ 16,9.27.90)
ExcavaHons only for stormwater retention ponds for which a. permit is required by this
ordinance. (Ord. No. 84.1, fi VII, 3-8.84; Ord. No. 69.20, ~ VlI, 6.8.69)
Garage apartments.
Houses of worship nnd cemeleries (reCer to sedion 817.00(d)).
Ofr.slreet parking areas (refer to section 817.00(11)). (Ord. No. 85.2, ~ I, 3.14.85; Ord. No.
90.34, ~ 16, 9.27.90)
Public uses not Usled as a permitted principal use. (Ord. No. 92.6, ~ XVllI, 6.".92)
Public uHlity uses and slrudures (reCer to section 817.00(a)). (Ord. No. 84.1, ~ 111,3.8.84)
Recreational areas (refer to section 817.00(c)). (Ord. No. 92.6, ~ XVllI, 6.4.92)
Schools, parochial or private (refer to sedlon 817.00(d)).
Zero lo~ line residential sub~vislons (refer lo section 817.00(h)).
Dimensional RtquirtlJwlls:
Minimum. 101 sizt:
'Area:.l0,OOO square feet
Width: 85 feel.
,~ . J
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Minimum. yard siu:
Fron~ yard: 30 feet.
Rear yard: 20 percent of the deplh of the lot but not less thlln 20 feet.
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Art VII
VOLUSlA COUNTY CODE
Art. VII
. .
Side yard, '
. AbulUng any lol: 20 Ceel combined, minimum of 8 fee~ on anyone side. lOrd. No.
81-39, fi XI, 11-19.81)
~bulling any streel: 30 feel.
Walerfront yard: 20 perccnt of'lot deplh but not less lhan 25 feel, or lhe .required
shoreline burrer, whichever is grealer. (Ord. No. 82.20, .~ XllJ, 12.9.82; .Ord. No.
90.34, ~ 16, 9.27-90)
Maximum building height: 35 feel.
Maximum 101 cOlJerage: The lol~ lol area covered wilh principal and llccessory buildings
shall not exceed 35 percent.
Minimum {loor <<!-rea: 1,000 square Ceel. (Ord. No. 81.39, fi XI, 11-19.81)
OrfStrt!r!l Par/:ing and Loading Rt!quirwtf!1lts: Orr.slreel parking and loading areas meeting
Ihe requlremenls or secllon. 610.00 and 611.00 shan be cOllslrucled. lOrd. No. 90-34, fi 16,
9.27.90)
Typt!S of Signs Permitted:
Ground signs (refer Lo sedion 822.00 el seq. for addilional regula.lions), lOrd. No. 86.16, fi
IX, 10.23.86) . .
Projecling signs (refer Lo section 822.00 el seq. Cor additional regulallons). (Ord. No. 86.16,
fi IX, 10.23.86)
Temporary signs (refer Lo sedion 822.00 el seq. for addilional regulations). lOrd. No.
86,16, fi IX, 10.23.86)
R." URBAN SINGLE.FAMILY
.
RESIDENTIAL CLASSIFICATION
purpose and Intent: The purpose and intent of lhe It." Urban Single.Family Residenllal
ClassilicllUon Is lo provide medium-densily residenlial developments, preserving lhe chllr.
ader of existing or proposed residenlialneighborhoods. .
Ptrmilltd Principal Uses and Structures: In lhe n." Urban Single.Family Residential
Clossificotion, n~ premises shall be u'sed excppl for lhe [ollowing uses and their cuslomory
accessory uses or slruclurcs:
Clusler subdivisions. (refer lo seclion 628.02). lOrd. No. 90.34, fi 17, 9.27.90)
Essential ulilily services. lOrd. No. 84.1, ~ Ill, 3.8-84) .
Exempt excavations (rerer lo sedion 811.00(0)) and/or lhose which comply wilh arUde V 111
or the Land Development Code orVolusla County (appendlx Alnnd/or final slle plan
review procedure! oC lhis ordinance. (Ord. No. 84.1, ~ Ill, 3.8-84; Ord. No. 89.20, ~ VI,
6-8-89; Ord. No. 90.34, ~ 17, 9.27.90)
Exe~p~ landnIls (refer lo sedion 817.00(p)). (Ord. No. 89.20, ~ VI, 6.8.89; Ord. No. 90.3.1,
~ 17, 9:27.90)
Fire slallons. (Ord. No. 92.6, fi XIX, 6....92)
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Art. VII
APPENDIX B-ZONING ORDINANCE
Art. VII
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B.9 GENERAL OFFICE CLASSIFICATION.
Purpose and Intent: The purpose and intent of the B.9 classification is to provide areas for
general office use. It is intended that this classification apply to suitable properties which are
situated in urban areas to provide a transitional area between residential development and
more intensive land uses.
,.,;::.!.)
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Permitted Principal Uses and Structures: In the B.9 General Office classification, no
premises shall be used except for t.he following uses and their customary accessory uses or
structures:
Essential utility services.
Exempt excavations (refer to section 817.00(0)) and/or those which comply with article VIII
of t.he land development code .of Volusia County [appendix A) and/or final site plan
review procedures of this ordinance. (Ord. No. 90.34, ~ 38, 9.27.90)
Exempt landfills (refer to section 817.00(p)). (Ord. No. 90.34, ~ 38, 9.27.90)
Financial institutions.
Fire stations. (Ord. No. 92.6, ~ XL, 6.4.92)
General offices.
Government.sponsored civic centers. (Ord. No. 92.6, ~ XLI, 6.4.92)
Libraries. (Ord. No. 92.6, ~ XLI, 6.4-92)
Public schools. (Ord. No. 92.6, ~ XLI, 6.4.92)
Publicly owned parks and recreational areas. (Ord. No. 92-6, ~ XLI, 6.4-92)
Publicly owned or regulated water supply wells. (Ol'd. No. 92.6, ~ XLI, 6.4.92)
Permitted Special Exceptions: Additional regulations/requirements governing permitted
special exceptions are located in sections 817.00 and 1104.00 oHhis ordinance. (Ord. No. 90.34,
~ 38, 9-27.90)
Antennas exceeding 70 feet in height above ground level.
Houses oC worship and cemeteries (refer to section 817.00(d)).
Nonexempt excavations (refer to section 817.00)(0). (Ord. No. 90.34, ~ 38, 9.27.90)
ProCessional or trade schools relat.ed to permilled uses (refer to section 817.00(b)).
Public uses not listed as a permitted principal use.
Public utility uses and structures (refer to section 817.00(a)).
Dimensional Requirements:
Minimum project size:
Area: 20,000 square feet.
Width: 100 feet.
,Minimum yard size:
Front yard: 35 feet. .. .
,
Rear yard: 20 feet, unless abutting a residential classification, then 35 feet
. . .
.Editor's note-The B.9 district; was added by ~ XIV of Oed. No. 89-20, adopted June 8,
1989.
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Art. VII
VOLUSIA COUNTY CODE
Art. VII
~
Side yard: Abutting any lot, 10 feet, unless abutting a residential zoning classification
or a street, then 35 feet.
Waterfront yard: 25 feet, or the required shoreline buffer, whichever is greater. (Ord.
, No. 90.34, ~ 38, 9-27-90)
Maximum building height: 35 feet.
Maximum lot coverage: The tot.n1lot area covered with principal and accessory buildings
shall not exceed 35 percent..:
Off-Street Parking and Loading Requirements: Off.street parking and loading areas meeting
the requirements of seelion 810.00 shall be constructed. (Ord. No. 90.34, ~ 38. 9.27.90)
Landscape Buffer Requirements: A landscaped buffer area meeting the requirements of
seelion 808.00 shall be constructed.
Final Site Pl~n Requirements: A final site plan meeting the requirements of article 1lI of
the Land Development Code of Volusia County (appendix A) is required.
T)'Pes of Signs Permitted:
Ground signs (refer to section 822.00 et seq. for additional regulations).
Temporary signs (refer to section 822.00 et seq. for additional regulations).
Wall signs (refer to section 822.00 et seq. for additional regulations).
BPUD BUSINESS PLANNED UNIT DEVELOPMENT.
(REPEALED]
1.1 LIGHT INDUSTRIAL CLASSIFICATIONt
",
"
, "
Purpose and Intent: he purpose and intent of the 1.1 Light Indust~a Classification is to
provide sufficient space in B~ropriale locations for industrial ol3Pt8tions engaged in the
fabricating. repair or storage of,~~anufaelured goods of such a n (u're that objectionable by.
products of the activity (such as odol),smoke, dust, refuse, elec o-magnelic interference, noise
in excess of that customary to loading, ~JlIg~dillg and hand' 19 of goods and materials) are not
nuisances beyond the lot on which the facilitY'is loc~.
Permitted Principal Uses and Structures. I~K'c 1.1 Light Industrial Classification, no
premises shall be used except for the folJowin '6dus~~ses and their customary accessory
uses or structures: ~'
.Editor's note-The BPUD re~J lions were added by fi Xn r Ord. No. 85.24, adopted
Oct. 10, 1985, amended b7Yhe fol o(ving:
Ord. No. ' Date -Section Ord. No. Date Section
86.16 10-23.;.8. X. XlII 88-2 1-19-88 V
87.14 ~...1l3-87 VlI 89-20 6. 8-89 VI, XVI
and repealed by Ji44 of Ord. No. 90-34, adopted Sept. 27, 1990. See now the PUD reIDJlations
of this artic~/ "'"
tE<<9tdr's note-Uses deleted from the I-I classification were derived from "the foll~ing
ordinartces: Ord. No. 81-1, g I, adopted Jan. 15, 1981, and Oed. No. 84-1, g XXVI, adopted Mal'"
;yl~84.
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EXHIBIT "B"
- ~....- ;,""--: ~ ..1. -. .---:'... ...~- '." "..Ll.!..:.:..-;'.'.'.;':". ..p._
't, .
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~ 822.00
APPENDIX B-ZONING ORDINANCE
~ 823.00
"~'~
~ :.::\'=.
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. (5) Temporary banner signs erected in accordance with this section shall zot exc ~
. 30 sqmrre feet in copy area. .
(b) . ~ersion of temporary sign into permane;lt signs: Temporary signs (i~ Ji;lg por.
tab I igns) may be converted into permanent signs to be used for a f purpose per.
mitted this ordinance in accordance with the following requir }ents:
(1) All re lations contained in this ordinBnce npplying to eclion of new penna.
nent sign {hall apply to conversion of signs, includin all permit requirements.
(2) All exposed t. ailer frames, legs, service walkways te., shall be removed. (Ord.
No. 86-16, ~ V, 10-23-86; Ord. No. 90.34, 87, 9.27-90; Ord. No. 91.11, ~
XXV, 5.-16.91)
822.12. Shielding: The sourc of illumination fron 'f!3' sign shall be shielded in order to
prevent a direct beam of light from ~ining onto a s eet?r a re~idenlial single.family, two.
family, or multifamily dwelling. (Ord. o. 86.16, IV, 10.23.86)
822.13. Sign Permit Application and 11 er: It shall be unlawful to erect a sign greater
than 16 square feet in copy area unless exe91 led under section 822.01 without first applying
for a sign permit from the planning and ~f'iing epartment. Upon approval of the sign permit
application by the zoning enforcement (ficial, a Slml permit number shall be issued. Said sign
permit application and number shall e forwarded t~{he department of development and code
admi~istration for issuance of a ilding permit if). quired and payment of the building
permit fees. The permit number hall be afftxed to the ower right.hand corner of the sign.
(Ord. No. 86-16, ~ ~,10- -86; Ord. No. 90-34, ~ 88, -27-90)
822.14. Sign Permit Re ewal Fees. Except as otherwise ~vided in this ordinance, a sign
permit shall be valid for years from the date of issua~ce. Th,:\eafter, a sign permit may be
reissued for the Sanle 'gn for each successive biennial period ~n payment of the permit
renewal fee and late ee, if the permit was not renewed 'prior to 'ts expiration. It shall be
unlawful to maint . 1 any sign without an original or renew~d sign p ~n!t. The reissuance of
a permit does no waive any other requirements oC this ordinance. Ifis the intent oC this
provision that e zoning enforcement oreicial may inspect signs subject to't le permit renewal
fee in order to scertain iCany changes have been made to the sign sinte issua ce oCUle permit,
or renewal ereor, so as Lo ensure continued compliance with this ordii\ance. ( rd. No. 86.16,
~ XXXN, 0-23.86; Ord. No. 90.34, ~ 89, 9.27.90; Ord. No. 92-6, ~ LXVI}I, 6-4- 2) .
82 5. Nonconforming Signs: All nonconforming signs shan only be ~ll:lde \. qmform
\vith is ordinance when strucLurnJly nltered, or when said signs nre destroyed 0)" d:~o'gcd by
wi , fire, or other meGns to the extent oC 60 percent or more of their replacement ~l\lu~; \:rd.
o~ 86-16, fi XXXIV, 10-23-86) "'"
. .
Sec. 823.00. Indian River Lagoon Surface Water Improvements and Manogement
Overlay Zone.
. .
Purpose, Intent and Boundaries:
The purpose' of this section is to provide regulations to protect and improve the water
quality of the Indian River Lagoon. This water body contains waters designated as class
\.y'
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~ 823.00 '
VOLUSIA COUNTY CODE '
~ 823.00
II by the Florida Department of Environmental Regulation in accordance with rule 17-
3.161, Florida Administrative Code, and the only waters in Volusia County designated for
special ,protection by Florida legislation pursuant to the Surface Water Improvement and
Management Act (SWIM). Additionally, these waters have been designated as an "estuary
of national significance" by the U.S. Environmental Protection Agency. Said class II
designation authorizes shellfish propagation and harvesting. Said waler quality criteria
applicable to this class are designed to maintain the minimum conditions necessary to
assure the suitability of water for the designated use oHhe classHicatioil. The regulations
in this sec,tion are designed to reduce the negative impacts of development adjacent to the
Indian River Lagoon and protect this vital natural resource and the shellfish harvesting
industry in this :area.
Notwithstanding any olher provisions of this ordinance to the contrary, these regu-
lations are supplementary the.r.elo.
An overlay zone is hereby established and the regulations hereinan.er provided shall
apply in said zone and all zoning classifications established in article VII of this ordinance.
The official zoning map shall identify the overlay zone by adding the letter "\v" as a suffix
to the zoning classHicalions wilhin the boundaries of said overlay zone.
Said boundaries of the zone are as follows: That portion of the unincorporated area of
Volusia County, Florida, bounded on the north by the southern city limits of the City of
New Smyrn~ Beach; on the east by the Atlantic Ocean; on the west by U.S. Highway' 1 .~ :1
and on the south by the Brevard County line. (Ord. No. 87-14, ~ XXIV, 6.18.87; Ord. No.
90-34, ~ 90, 9.27-90; Ord. 92.6, ~ LXIX, 6.4.92)
823.01. Wetlands Preservation:
(a) Performance stan.dards: No more than 10 percent of the wetlands upon any lot which
is within the landward extent of the surface water of the state shall be disturbed,
whether filled, cleared or otherwise altered.
(b) All wetlands occurring within this overlay zone shall be preserved and mitigated in
accordance with article XI of the land development code (appendix A).
(c) Wetlands protection buffer:
A wetlands protection buITer shall be established for a distance of 25 feet
laterally upland frolll the upland limit of any wellaJld.
'fhe wetlands protection buffer shall include canopy, understory and ground
cover which consist of preserved existing vegetation or planted native species.
This welland protection buffer takes precedence over the shoreline protection
burTer and therefore will meet or exceed the requiren-ients of the shoreline pro-
tection buITcr section. HO\vever, said buffer shall be considered a pprtion of the
required minimum yard. (Ord. No. 87.14, ~ XXIV, 6-18-87; Ord. No. 90.34, ~ 91,
9-,27-90; Ord. 92.6, ~ LXX, 6-4-92)
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EXHIBIT "B"
"
~ 823.00
APPENDIX B-ZONING ORDINANCE
~ 823.00
.,'
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. 823.02. Shoreline Protection:
(a) Hardening of shoreline:
.f "
The construction of vertical seawalls and bulkheads shall be allowed adja.
cent to artificial watenvays in existence prior to June 18, 1987, provided that the
design of said seawalls and bulkJleads prevents the runoff of stormwaler into
artificial watenvay, A storm water management plan is required.
Vertical seawalls and bulkheads are prohibited adjacent to all olher waler.
courses or water bodies except as may be waived by the county council. Hard.
ening of the estuarine shoreline shall be allowed only when erosion is causing a
seiious significant threat to life or property.
Other shoreline stabilization methods may be used in lieu of vertical sea.
walls and bulkheads when hardening of the shorelines is approved.
(b)' ShoreItnt! buffer: A shoreline protection buffer shall be established for a distance
extending 50 feet laterally upland frol11 the mean high.water line. Within the buffer
zone, no development shall be permitted except for an allowance for reasonable ac.
cess. See subsection (c)' below.
(e) ReCJ$onable access to waler:
fei "':.~ :
.~':.,.. '
No more than 20 percent or 25 feet, whichever is greater, of the shoreline
within property boundaries may be altered for reasonable access. The remainder
of the shoreline shall be mnintained in unaltered native vegetation,
Reasonnble aC'Cess may include docks, boat ramps, pervious walkways and
elevated walkways which provide the property owner with reasonable access to
the water.
All portions of the shoreline which contain wetland vegetation are subjeclto
the wetJand~ protection requirements.
(d) Impervious surface: No more than 30 percent impervious surface shall be allowed
within 100 feet of the mean high-water line. (Ord. N~. 87-14, ~ XXN, 6.18.87; Ord.
No. 89.20, ~ XLVI, 6-8.89)
823.03. Landscaping: Notwithstanding any other provision of this ordinance to the con-
trary, all development shall contain n minimum of 35 percent open space within property
boundaries, landscaped 'with existing native vegetation which is indigenous to this area or
planted native species, in accordance to a list of ncceptable species available in the planning
and zoning office. (Ord. No. 87-14, ~ XXIV, 6.18-87; Ord. No. 90.34, ~ 92, 9-27.90)
I
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823.04. Slormwatcr Conlrols: Notwithstanding the provisions of article VIII of the land
development code [appendix A) individual singlc-family and duplex residcJjlial dwellings or
additions thereto and/or accessory structures containing a total of 250 square feet in size or
more, not previously included in a stormwater management plan, shall provide a volume of
retention equivalent to one-half inch of depth ovcr the .enlire site or lot, Prior to the issuance
of a building permit, an application on a form preparep. by the county engineer shall be
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EXHIBIT "B"
ft 823.00
VOLUSIA COUNTY CODE
~ 823.00
.
submitted to t.he engineer for review. Said engineer may approve, modify or deny t.he appli.
cation. Appeals of denial by the county engineer shall follow the procedure for an appeal of the
zoning enforcement olficial under article X of lhis ordinance. The counly council by resolution
may establish the fee for t.his application. (Ord. No. 87.14, ~ XXIV, 6.18.87; Ord. No. 88.2, ~
XXXI, 1.19.88; Ord. No. 89.20, ~ XLVII, 6.8.89; Ord. No. 90.34, ~ 93, 9.27.90)
823.05. Wastewater Treatmmt Plants and On-Site Waste Disposal S>,stems:
(a) Package wastewater treatment plants JTlay be permitted if the plant is designed to be
transformed into a pump station when public central wastewaler facilities are avail.
able ih the area, provided that said availability is to be not more than 10 years dislant
from issuance of development order. Said package plants are to be dedicaled to the
entity to be responsible for providing central regional service and are to be con.
structed to the requirements specified by said entity.
(b) Septic t.anks, if permitted for new single.family lots shall be located in compliance
with chapter 10D-6 of the Florida Adminislrative Code. The septic tank system shall
be designed lo connect lo n cenlral sewer line when central sewer services become
nvailable. The septic lank syslem and drainfield shall be as far removed ns possible
from the shoreline of a class II waler body or its tributaries.
(c) For that portion of lhe barrier island falling within the overlay zone, aerobic wasle.
w~ter b:eatment units or alternative systems flpproved by lhe" heallh department
shall be required, until such time as cenlral sewer service becomes available, on lots
that are either within 200 feet of the shoreline of Mosquito Lagoon or consist of one
. of the following soils: Canaveral sand, Cassia fine sand, or Hydraquenls.
..". "
~.'.'. .
For that portion of the mainland, east of U.S. 1, which is within the overlay
zone, aerobic wastewater treatment units or alternative systems approved by the
health depa~tmellt shall be required on lots that are located within 200 feet of the
shoreline of Mosquito Lagoon. 'fhese on-site waste disposal systems are required
for lots which are in excess of 200 feet from t.he shoreline of Mosquito Lagoon
provided that said lots have less than 10,000 square feet of area and consist of any
one or more of the follo\ving soils:
Canaveral sand
Cassia fine sand
Hydraquents .
Myakka fine sand
QUBrlzippBmments
Turnbull muck
Turnbull variant sand
Pompano-Placid complex
Myakka variant fine sand
Placid fine sand, depressional
Basinger fine sand, depressional
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~ane M. Matousek
Volusia County, Clerk o.f Court
EXHIBIT "B"
~ 823.00
APPENDIX B-ZONING ORDINANCE
~ 824.00
Immokalee sand
My~ . St. Johns complex
Immokalee sand, depressional
TuscawiIla sand
Pompano fine sand
Riveria fine sand
Wabasso fine sand
Chobee fine sand
Any transitional soil with a seasonal high.water table within 12 inches of the soil
surface
;:~~. :::;
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(d) On-site waste disposal systems are not permitted where connection to a central system
of wastewater collection and treatment is available.
A municipal, county.owned, or investor-owned sewerage system shall be deemed avail.
able for connection if all of the following requirements are met:
The system is not under a Florida Department of Environmental Regu]ation
moratoriumj
For estimated sewage flows of 600 or less gallons per day, a sewerage system
shall be considered available if a sewer line exisls in a public easement or right.
of.way which abuts the property, and if gravity flow can be maintained from the
building drain to the sewer line. '
For estimated sewage flows exceeding GOO gallons per day, a ~ewerage system
shall be considered available if a sewer line, force main, or lift station exists in a
public easement or right.of.way which abuts the property or is within 100 feet of
the property.
The sewerage system has adequate hydraulic capacity (i.e., complies with the
county's adopted level of service standard) to accept the quantity of sewage to be
generated by the proposed development. (Ord. No. 87-14, ~ XXIV, 6.18-87; Ord.
No. 89.20, ~ XLVII, 6-8-89; Ord. No. 90-34, ~ 94,9.27.90)
823.06. Reduction of Shoreline Buffer: Platted single.family lots in existence on the ef.
fective date of this amendment may apply a 10 percent reduction to the shoreline buffer. (Ord.
No. 87.14, ~ XXIV, 6-18.87; Ord. No. 89.20, ~ XLIX, 6.8-89)
c_>
823.07. Removal of Vegetation: The removal or stripping of native vegetative cover from
a vacant lot is prohibited ul1]ess said action is pe'rformed in conjunction with the development
of the building premises in n manner consistent with an approved development order 01'
building permit; or upon nuthoriznlion of the zoning enforcement official for minor land.
scaping projects. (Ord. No. 90-34, ~ 95, 9-27.90; Ord. No. 91.11, ~ XXVIII, 5.16-91)
~2iJ;Oo;.:~~urce n~anHgemeJ1t orca. " " "---~. ,
Purpose and Intent: Thep~ry_O?,~2_Ubissecliol1 is hJ'provldln~gulaUons Urinafiage' and
enhanc!Jhosalands fino ,valers which, because of past deveiopinent lrends and physiographic
~_...._- . .
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034191
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03/15/1995 10:29
~'strurnent # 95034192
J:jaak: 3990
Page: 971
ANNEXATION AGREEMENT
~~IS AGREEMENT made and entered into this
~J,---- , 19~ by and between, the CITY OF EDGEWATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
&.~ day of
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
CATHERINE BRUNNER, TERESA L. REYNOLDS AND STEVEN L. BRUNNER, as
joint tenants with rights of survivorship, 121 Palm Breeze Drive,
Edgewater, Florida 32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .31 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.Brunner)
December 2, 1994
1
EXHIBIT "M"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\palmBreeze.Brunner)
December 2, 1994
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address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the state of
Florida.
(annexation\palmBreeze.Brunner)
December 2, 1994
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
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APPROVED FO FORM
AND CORRECTNESS:
witnessed by:
OWNER:
~{fI,t'/~L/,ik~~
Ca herine Brunner
(
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VediaOzkan
Witness named typed
)L I /'/-
~ "'-"t'/ I ,:/)f\~,.{/f\r7~/I./
Steven L. Br~nn~r
STATE OF
COUNTY OF
as acknowledged before me this
, 1994, by CATHERINE BRUNNER,
as joint tenants with
known to me or who has
as identification
Seal/Stamp:
(annexation\palmBreeze.Brunner)
December 2, 1994
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EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence North 26041' 40" West 140
feet along the said Right-of-Way line; thence North 77009'50" East
943.78 feet for the Point of Beginning; thence North 77009'50" East
102 feet; thence North 64041'20" East 9.38 feet; thence South
25018'40" East 207.60 feet; thence South 85012'50" West 171.75
feet; thence North 8017'20" West 177.18 feet to the Point of
Beginning. The Easterly 25 feet and the Southerly 25 feet of the
herein described property subject to an easement for access.
Together with the right to use the following described easement.
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
99.09 feet; thence North 77009'50" East 489.62 feet; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64041'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'50" West 448.72 feet; thence South 77009'50"
West 487.50 feet; thence North 89056'40" West 118.65 feet to the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
26041'40" East 55.99 feet along the said Easterly Right-of-Way line
of U. S. Highway No.1, to the Point of Beginning.
(annexation\palmBreeze.Brunner)
December 2, 1994
5
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EXIIIBIT "B"
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Arl. VII
VOLUSIA COUNTY CODE
.
AIl. VII
.
.ft~cfeaUonal9re9JI (rder to section or/.OO(e)). (On). No: 92.6, G XVII
\ ',',
Sc1~OlS' paIochilll or lHlvnle (refer to secllon 011.00(d)).
Zero oll1ne ruld.enUal subdivision!! (refer to seelion ~11.00(h)).
Dlna.nJ ~ol R.qulr.trl.n15:
Minimum ~I... .121:
Ana: 12,b~0 square feet.
, Width: 100 'r\t.
MinlnluI" )'~rd ,,~:~ .
Front YlUd: 30 Ce\,-.
Hear yard: 20 percb It of the c.1eJllh of the lol, b 1 nol Jess lhan 20 feel.
Side Y9rd:
81.39, f X, 11.1 \01)
AbulUng 91\Y &lreel: 30 feel.
Walerr,o"l yard: 20 I'e'ee"~or 101 de , h bul ,,01 Ie" Iha" 25 reel, or Iho ..quhe~
oho,eU"o bulrer, "hiclle.~ is gr aler. (O,d. 1'10.02.20, .G XIII, 12.9.02; Old. No.
90.34, G 16, 9-21.90)
Purpose o"d.I"lt"': 'rhe }I\UpOSB nmllnlcnt of the Jt.3 Urban Slngle.fltJllUy neshlenlln.l
CI...IIi""lIo", '.10 I"o.ide ".edioon.low.den,ity ..,Idenllo! de.elol'onenh,."e,e",lng the eh.,..
acter or exlsllng or 1)(Oposed resic.1enlialneighborhoods.
66
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EXIIlBIT "8"
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Arlo VII
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APPENDVC D-ZONING OnDINANCE
Arl. VII
P.<<rlllilltd Principal Usu and Slruclurt: In the It.:) Urban Slngle.Famlly ltesldellUal
CI3.s~i(icallon, 110 'fremlse!J sholl be used except for LIte following uses ond lhelr cusloll1nlY
necessory use! or structures:
Clusler subdivisions (refer lo section 828.02) (Oul. No. 90.34, G 16, 9.27.90)
Essential utility services. (Onl. No. 8".1, 6 III, 3.0.M)
Exempl excavallons (refer lo section 817 .00(0)) nnd/or lhose which comply wllh :nUde VIII
or the Ln.lld DeveloJlnll!lll Code or VolushfCounly (oJlpendl,< AI Dlld/or nllnl slle plnn
review procedures or lhb ordlnlmce. (Old. 1'10.81.1, G III, 3.8.M; Ord. No. 89.20, G VI,
6.8.09; Ord. No. 90,34, ~ 16, 9.2'1.90)
E:<emp~ laruilill!! (refer Lo section 017.00(1'))' lOrd. No. 09.20, G VI, 6.0.89; Ord. No. 90.:J~,
G 16, 9.27.90)
FIre slllllon!!. lOrd. No. 92.6, i XV III, 6.4.92)
Home occupallon!, c1o.ss ^ (refer lo section 601.00).
ParkJIAJld recrenUollo.l nreM nccessory lo resldenUal developments.
Public scho~l!l. lOrd. No. 92.6, G XVIII, 6.".92)
Publicly owned I)arlu IlHd recrealional oreos. (Ord. No. 92.6, G XVIlI, 6.".92)
Publicly owned or tegulllleu wnler sU)ll'ly well~. (Ord. No. 92.6, ~ XVlIl, 6.".92)
Slngle.family slandard or IlHlHufnclmed dwelling. (Ord. No. M'J, ~ X, a.8.M)
PumWtd Sptcio~ ExctptiOlu: Additional regulalions/requlremenh governing permllled
speclo.l e:,<cepllons are locnled ill sectioll!! 617.00 nlld110~.00 oHMs ordinance. lOrd. No. 90.3~,
f 16, 9.27.90) .
Anlenllll5 exceeding 70 feel in height nbove ground level.
Bed o.nd breakfn.st hOlTleslny (refer lo seclion 017.00(s)). (Oul. No. 90.34, f 16,9.21.90)
Doy care cenlers (rerer lo section 011.00(1)). (Ord. No. 90.:)~, i la, 9.21.90)
E:<c.ovaUon!l only for slormwaler relenUoII ponds ror which 0. permll h requited by lhls
ordinance. (Ord. No. 0".1, G VII, :)-O-M; Onl. No. 69.2.0, G VII, 6.8.69)
Go.rage nplUlmellh.
Houses of worship OJ\d clHneleries (rerer lo secllon 817.00(d)).
Olr'5lree~ plUk.ing lUeM (r erer lo secllon 011.00(11)). (Ord. No. 85.2, G " a.H.OGj Ord. Ho.
90.:)4, G 16, 9.27.90)
Public use!! not IIsled M D penn.lUed princlp:u use. lOrd. No. 92.8, G XVIII, 6.".92)
Public uUli~y use!! nnd shuclure!! (rerer lo section 017.00(3)). (Ord. No. 0.1.1, G III, 3.8-M)
ltecreallollallUeM (rerer lo section 017.00(c)). (Ord. No. 92.6, fi XVlll, 6-".92)
Schoob, plUochlnl or )Il iVlllo h efer lo sectIon 01'l.00(d)).
Zero lot line reshlenLlnl ~ub(~lvlslons (refer lo !;ccUon 017 .00(h)).
Vinwuiollol Requireltltlll$:
.
Mllllmum '0' ,;%1:
.ArI!Il!.10,OOO Iquare feet.
WldUu 85 feet.
Mi"lnaunI :yard liu:
Front YlUd: 30 feet.
ReM yard: 20 IJercent of lho deplh or lhe lol bulnolless thAn 20 feel.
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~ane M. Matousek
Volusia County, Clerk of Court
EXIIIOIT "0"
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Art. VIl
VOLUSlA COUNTY CODE
Art VII
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. Side Y&lId, . . '
AbulUng any lol: 20 feet combined, minimum or 8 fed on BI1Y one side. (Ord. No.
81.39, G Xl, 11.19.01)
~bulllllg Rny street: 30 [eet
Walerfront yard: 20 percent orlol dl!Jllh but not leu lhan 25 feet, or lhe ,required
shoreline burrer, whichever Is grenter. (Ord. No. 82.20,i XJII, 12.9.82j ,Ord. No.
90.3., ~ 16, 9.27-90)
.'
Mcu:imun& buildi"g I,ti,l,': 35 feet.
Uo:tI/IIu/IIlol cO."'08" 1'ho lobI lot o.oa c.vored wlLh p.lndp" and occ""o.y building'
shall not e:tceed 35 percent
Minimum (loor ~rfU: 1,000 lllluo.re feel. (Ord. No. 01.39, i XJ, 11.19.81)
O{fSI..., porlrinR ond LoodillR /I.quir...""'" OIl.,L.oot puking and loadlllg 01'" ",eeUng
tho lequlremenh or secUon, 810,00 ond 811.00 ,hall bo con,tructod. lOrd. No. 90.3l, 116,
0.21.90)
Types of Sig,.. Permllled:
Ground signs (refor lo secllon 022.00 et seg. for addlUonal regulallons). (Ord. No. 86.16, I
IX, 10.23.86) , ,
ProJocUng ,lgn, erer.. Lo secUon 822.00 otsoq. ror oddlLlonol regulaUonsl. lOrd. No. 88.18,
i IX, 10.23.86)
Temporary sign. Iror.. Lo sedio. 822.00 01 seq. ror addition" regulaUonsl. lOrd. No.
66.16, I IX, 10.23,06)
H." UIUJA}f SINGLE.FAMILY
.
HESlUENTlAL CL1\SSlfICNflON
purpo.. .IId rlll",I: The I'url'o,o .IId I"ie"t or the IH Urbon Slngla.f.",lIy neslde"lIal
Cla..llicollo" I. Lo 1"0 vida 1110<1 I UI".do", i I Y ,0,1 dOli 1101 dov 010 pllle"Ls, promvl III th. cho r.
acler of ex1s11ng or proposl!d reshlenUal Jlelghborhoods. '
.
Ptn,,/lI,d Prillcipol US" .IId SI,"cl."": I" the n.. U,ball SIIIglo.fomlly nesldo"lIal
Clossllic:ollon, n~ premises shall hI! u'sed excppl for the following uses ond lhelr customory
accessory uses or shucl\uC!I: '
Clusler subdivisions. (refer lo secllon 820.U2). (Ord. No. 90.34, 111, 9,27.90)
Essenllol utilily services. (Ord. No. M.I, fi III, 3.0.04) .
Exempt e:tcRvnllOIl!l (refer lo secllon 01"1.UO(0)) nmVor lhoso \vlllch cotllply wilh nrllcle VIII
of lho LnlltJ VeveloJllllent COlIc of Volu!:ln Counly InpJll!lHllx AI nmJ!or IIlIal slle "IAn
review IJrocedure!l or lllb 01 Ul.IH1J1ce, (Onl. No. M.!, ~ Ill, 3.9.84j Onl. No. 09.20, G VI,
6.8.89j Ord. No. 9U.31, ~ 1'1, 9.2'!.9U,
Exo,!,ptlOl,d Ims (ro r.r Lo ,odlo" 811.0011'11. 10,d. No. 8 g. 2 0, G V I, 0.8.8 g: 0. d. No. 90.3.1,
111, 9:27.90)
Fire slallons. (Ord. No. 92.6, G XIX, 6.1.92)
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ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this
,)/iJ/IrA--, 19~ by and between, the CITY OF EDGElfATER,
&)0 day of
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgew&ter, Florida 32132, (hereinafter referred to as "City"); and
"
BERNIECE S. WARNER and DANIEL K. WARNER, as joint tenants with
rights of survivorship, 119 Palm Breeze Drive, Edgewater, Florida
32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .26 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.warner)
October 21, 1994
1
EXHIBIT "N"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to w~ter service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest'of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6. AMENDMENT
This Agreement may only be amended in writing, ~pon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\palmBreeze.warner)
October 21, 1994
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address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpret~ng the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon,' inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the state of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\PalmBreeze.warner)
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
I'
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
-bf~
City Clerk
Dated: 3-/10/1)"
APPROVED FIR FORM
AND CORRECTNESS:
witnessed by:
OWNER:
()tuSL>dJ.t^-j(jJ 0 AA J 1A
Witness named typed
_CJ,{AJi)~Ql.. q )JQwuq
f)cJ k (jevvnL1
Daniel K. Warner
witness named typed
STATE OF p~
COUNTY OF l/ .
II g,he fore:t>ng instrument was acknowledged before me this
v '- day of LC:.L-n---b ~ --<- , 1994, by BERNIECE S. WARNER
and DANIEL K. WARNER, Joint tenants with rights of survivorship,
who are personally known to me or who h~o produoGd
a-s-i.-denti-ft:c at rhn and who did
-.
(did not) take an oath.
~~
· Not ry lJ.c
P; ~-f-h/. /l- 13 (Lo 0 I~ )
Notary n~me typed
,"';i.~~'"'' BETTY A. BROOKS
t'f~ ~;~ MY COMMISSION' CO 322206
~.~~J"i EXPIRES: NoY8lTlber 18. 1997
'l,~P.r"f,I~"" Bonded Thru Ho1ary Publlc UndelWlll8ra
Seal/Stamp:
(annexatlon\palmBreeze.warner)
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EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the South line of U. S. Lot 6,
Section 2, Town~hip 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence North 26041'40" West 140
feet along the said Right-of-Way line; thence North 77009'50" East
863.78 feet for the Point of Beginning; thence North 77009'50" East
80 feet; thence South 8017'20" East 177.18 feet; thence South
85012'50" West 80.02 feet; thence North 8014'50" West 165.95 feet
to the Point of Beginning. The Southerly 25 feet of the herein
described property subject to an easement for access.
Together with the right of use of the following described easement.
Beginning at the intersection of the South line of U. S. Lot 6,
section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
99.09 feet; thence North 77009'50" East 489.62 feet; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64041'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'50" West 448.72 feet; thence South 77009'50"
West 487.50 feet; thence North 89056'40" West 118.65 feet to the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
26041'40" East 55.99 feet along the said Easterly Right-of-Way line
of U. S. Highway No. 1 to the Point of Beginning. All lying and
being in Township 18 South, Range 34 East.
(annexation\palmBreeze.warner)
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EXHIBIT "B"
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Art VII
VOLUSlA COUNTY CODE
Art VII
Recreational DlI,as (refer to section 817.00(c)). (Ord. No: 92.6, ~ XVlI
Sa ools, paroclli'al or private (refer lo seelion 817.00(d)).
Zero ot line residential subdivisions (refer lo seelion 817.00(h)).
DimtnSI ~al Requirements:
Minimum l;)c... siu.:
Area: 12,bQo square feet.
Widlh: 1001'\.t
Minimum yard $~~~
Front yard: 30 Ce'\t
Rear yard: 20 percb l of lhe deplh of lhe lol, b l nolless lhan 20 ~eet
Side yard:
81.39, ~ X, 11.lb~1)
AbuUing any sheel: 30 feet.
Walerfront yard: 20 percen~~C lol de h but not less lhan 25 feel, or lhe required
shoreline buffer, whicheve is gr: aler. (Ord. No. 82.20, .~ XIII, 12.9.82; Ord. No.
90-34, ~ 15, 9-27-90)
Maximum building hdgltt: 35 feet.. \ '"
MaxJmum lot coverage: The lolall area ~vered wilh principal and accessory ~uildings
:shall not exceed 35 percent. \. ~..
Minimum floor area: 1,200 s are feet. (Ord."No. 81.39, ~ X, 11-19.81)
Off-Strtd P,rhin8 ,nd LA.,): '8 R,qu'rtnun'" O~\reel parlclng and loading area; meeling
lhe requirements of seclions 10.00 nnd 611.00 shall be conslrueled. (Ord. No. 90.3-1, ~ 15,
9.27.90) \
Ground signs (ref Lo seclion 822.00 el seq. for additionaVegulalions). (Ord. No. 86-16, ~
IX, 10-23.86 . \
Projecting si (reCer lo sedion822.00 et seq. for additional 'regulations). (Ord. No. 86-16,
~ IX. 10- 3-86) . \''''
Temporary: signs (refer to seclion 822.00 el seq. Cor addilion\! regula lions). (Ord. No.
86.1 . ~ lX, 10.23.86) ! \.
'i~~~'~ i URBAN ~~p.~;::f AM~~ y:
RESIDENTIAL CLASSIFICATION
PurpO$! al1d.lntent: The purpose and intenl of ~he R-3 Urban Slngle-FamUy Residential
ClassHicalion, ~s lo provide mediu".'-low.densily residential developmenls, preserving lhe char-
aelcr of exisling or proposed residential neighborhoods.
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Art. VII
APPENDIX B-ZONING ORDINANCE
Art VII
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Permitted Principal Uses and Structure: In lhe R.3 Urban Single.Family Residenllal
Classirication, no' ~remises shall be used except for lhe following uses and lheir cuslomary
accessory uses or structures: '
Cluster subdivisions (refer to seclion 828,02) (Ord. No. 90.34, ~ 16, 9.27.90)
Essential utility services. (Ord. No. 84.1, ~ III, 3.8.84)
Exempt excavations (refer to section 817.00(0)) and/or those which comply with arUcle VIII
of the Land Development Code of Volusia'County [appendix AJ and/or rinal sile plan
review procedures of this ordin2Jlce. (Ord. No. 84.1, ~ Ill, 3.8.M; Ord. No. 89.20, ~ VI,
6.8.89; Ord. No. 90.34, ~ 16, 9.27.90)
Exemp~ landfills (refer to secllon 817.00(p)). (Ord. No. 89.20, ~ VI, 6-8-89; Ord. No. 90.34,
~ 16, 9.27.90)
Fire stations. (Ord. No. 92.6, ~ XVIII, 6.4.92)
Home occupations, class A (refer to section 807.00).
Parks and recrealional areas accessory lo residential developments.
Public schools. (Ord. No. 92.6, ~ XVIII, 6-4.92)
Publicly owned parks and recreational arens. (Ord. No. 92,6, ~ XVIII, 6-4.92)
Publicly owned or regulaled waler supply wells. (Ord. No. 92.6, ~ XVIII, 6-4.92)
Single.family slandard or manufactured dwelling. (Ord. No. 84',1, ~ X, 3.8.84)
Permitted Special Exceptions: Additional regulations/requirements governing permilled
special exceptions are localed in seclions 817.00 and 1104.00 oflhis ordinance. (Ord. No. 90,34,
~ 16, 9.27.90) .
Anlennas exceeding 70 feet in height above ground level.
Bed and breakfast homestay (refer to section 817.00(s)). (Ord. No. 90.34, ~ 16, 9.27.90)
Day care centers (refer to seclion 817,00(0). (Ord. No. 90.34, ~ 16, 9-27.90)
Excavations only for slormwaler relention ponds for which a permH is required by lhis
ordinance. (Ord. No. 84.1, ~ VII, 3.8.84; Ord. No. 89.20, ~ VII, 6.8.89)
Garage opartmenls.
Houses of worship and c@meleries (refer to section 817.00(d)).
Orr.street parking areas (refer lo section 817.00(n)). (Ord. No. 85.2, ~ I, 3.14.85; Ord. No.
90.34, ~ 16, 9.27-90)
Public uses no~ listed as a permitted principal use. (Ord. No. 92-6, ~ XVIII, 6.4-92)
Public utility uses and strudures (refer lo seclion 817.00(a)). (Ord. No. 84.1, ~ III, 3.8.84)
Recreational nreas (refer to section a17.00(c)). (Ord. No. 92.6, ~ XVIII, 6.4.92)
Schools, parochial or private (refer to sedlon 817.00(d)).
Zero Io~ line residenl:ial sub~visioJls (refer lo section 817.00(h)).
Dimmsional Requirtwwlls:
Minimum lot size:
'Area.:.l0,OOO square feet.
Width: 85 feet.
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Minimum yard sue:
Front yard: 30 feet.
Rear yard: 20 percent of the depth of lhe lot but nolless thon 20 feet.
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~ane M. Matousek
Volusia County, Clerk of Court
EXHIBIT "B"
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Art VII
VOLUSLA COUNTY CODE
Art. VII
Side yud1 .
AbulHng any lol: 20 feel combined, minimum of 8 feel on anyone side. (Ord. No.
81.39, fi Xl, 11-19.81)
~butling any sheet: 30 [eel.
Waterfront yard: 20 percent of 'lot deplh but not less lhan 25 feel, or lhe .required
shoreline buffer, whichever is greater. (Ord. No. 82-20, 'fi XIII, 12-9-82; .Ord. No.
90-34, ~ 16, 9-27-90)
Maximum building Iteigltl: 35 feet.
Maximum lot cOlJerage: The lot~ lot area covered wilh principal and accessory buildings
shall nol exceed 35 percent.
Minimum floor area.: 1,000 squue feel. (Ord. No. 81-39, ~ XI, 11.19.80
Off-Sired Parhing and Loading Requiremenls: Orr.sheel puking and loading areas meeting
the requiremenls of sections 810.00 ~md 811.00 shall be conslrucled. (Ord. No. 90.3~, ~ 16,
9.27.90)
Types of Signs Permitted:
Ground signs (refer to section 822.00 el seq. for additional regulalions). (Ord. No. 86.16, fi
IX, 10-23.86)
Projecting signs (refer lo section 822.00 el seq. for additional regulations). (Ord. No. 86.16,
fi IX, 10.23.86)
Temporary signs (refer lo seclion 822.00 el seq. for additional regulations). (Ord. No.
86.16, fi IX, 10.23-86)
R." URBAN SlNGLE.FAMILY
RESIDENTIAL CLASSIFICATION
Purpose and Inlerll: The purpose and inlent of lhe R-4 Urban Slngle.Family Residential
Classiricntion is lo provide medium-density residential developmenls, preserving lhe chor-
aeler of existing or proposed residential neighborhoods. .
Permitted Principal Uses and Sl~uclures: In lhe R." Urban Single.Family Residential
Classification, no premises shall be used exc.cpt for the following uses and their cuslomory
accessory uses or struelures:
Clusler subdivisions. (refer lo section 828.02). (Ord. No. 90.34, ~ 17, 9.27-90)
Essenlinl ulilily services. (Ord. No. 84.1, ~ Ill, 3.8.84) .
Exempt excavations (refer to sedion 817.00(0)) and/or those which comply wilh arlicle VIlI
of the Land Development Code or Volusia County {appendix AJ and/or final site plan
. review procedures of this ordinance. (Ord. No. 84.1, ~ lII, 3.8.84; Ord. No. 89.20, ~ VI,
6.8-89; Ord. No. 90-34, ~ 17,9.21.90)
Exel'!"pt landnlls (refer lo section 817.00(p)). lOrd. No. 89.20, ~ VI, 6.8.89; Ord. No. 90.3,1,
~ 17, 9~27-90)
Fire slaUons. (Ord. No. 92-6, fi XIX, 6-4.92)
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03/15/1995 10:29
. .'lst rument # 95034194
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Page: 987
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this
/hVld,--, , 19~ by and between, the CITY OF EDGEWATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
~ day of
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
CHARLES D. and CATHERINE M. LABOSSIERE, 117 Palm Breeze Drive,
Edgewater, Florida 32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .24 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.LaBossiere)
December 1, 1994 '
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TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
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address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\palmBreeze.LaBossiere)
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
\1
1\~~EST;,
?<~1/~..
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
APPROVED F R FORM
~'i
r sta A. S ey ~
ity Attorney
Witnessed by:
OWNER:
~. ~1l~/u1
tle~ ~ ~
Charles D. LaBossiere ~
Lisa Kruckmever
Witness named typed
~~-~ fY1))~~1JJJ
/(j~&~~
Lisa Kruckmever
Witness named typed
STATE OF
COUNTY OF
~Ou.-~:to...-
\<b~.1 j .01 j--, .I
The foregoi~~nstrument
1& day of <. ~..hPA)
LABOSSIERE and CATHERINE M.
personally known to
l.. I~lo' I U J,j . "--I "-I. 1'-11 0
(did not) take an oath.
was acknowledged before me this
, 1994, by CHARLES D.
LABOSSIERE, his wife, who are
me or who has produced
as identification and who did
0AcYo; ''1~ . l t )02. q>
Notary ublic
Robin M. Wolf
Notary name typed
l:;'JA~:r~tr-.. ROBIN MATUSICK WOLF
Sea 1/ Stamp ; ~('.~.~ j;~ MY COMMISSION' CC280688 EXPIRES
"~'~'S$ May 1. 1997
"I{.'if.,f.~" BONDED THRU TROY FAIN INSURANCE, INC.
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EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East, and the Easterly
Right-of-Way line of U. S. Highway No.1; thence North 26041'40"
West 140 feet along the said Right-of-Way line; thence North
77009'50" East 783.78 feet for the point of beginning; thence North
77009'50" East 80 feet; thence South 8014'50" East 165.95 feet;
thence South 85012'50" West 80.02 feet; thence North 8011'50" West
154.71 feet to the point of beginning. The Southerly 25 feet of
the herein described property subject to an easement for access.
Together with the right to use of the following described easement.
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
99.09 feet; thence North 77009'50" East 489.62 feet; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64041'20" East 174.62 feet; thence North 25018'40'
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'50" West 448.72 feet; thence South 77009'50"
West 487.50 feet; thence North 89056'40" West 118.65 feet to the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
26041'40" East 55.99 feet along the said Easterly Right-of-Way line
of U. S. Highway No. 1 to the Point of Beginning.
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EXHIBIT "B"
/':'
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Art. VB
VOLUSIA COUNTY CODE
Art. VII
Recreational areas (refer to sedion 817.00(c)). (Ord. No: 92.6, ~ XVlI
S~ ools, paIoclNal or private (refer lo seclion 817.00(d)).
Zero ot line residential subdivisions (refer lo section 817.00(h)).
Dimensl ,at Requirements:
Minimum ~,size:
Area: 12,5QO square feet.
Widlh: 100 l\.t.
Minimum yard s~:'\
Front YaId: 30 fe,\t.
ReaI YaId: 20 perc\~Of the deplh of lhe lot, b t not less lhan 20 feet.
Side yard:
Abulling any lot: Q feet combined'Zh mum of 8 feet on anyone side. (Ord. No.
81.39, ~ X, l1'l'g~1)
Abulting 911Y slreet: 30 feet.
Waterfront YaId: 20 percen~\r lot de h but not less than 25 feet, or the required
shoreline bufrer, whicheve is gr, aler. (Ord. No. 82.20, .~ XllI, 12.9.82j Ord. No.
90.34, ~ 15, 9-27.90)
Maximum building height: 35 feet.' \ ...
Max,imu11t lot couerage: 'rhe tolall area ~vered with principal and accessory ~ui1dings
:shall not exceed 35 percent. \. ~~
Minimum floor area: 1,200 s are feet. (Ord. ~o. 81.39, ~ X, 11.19.81)
Off-S''''I Parhing and Lead: g R,qui"m,n's: or~ reet parking and loading areas meeling
the requirements of seclions 10.00 nnd 811.00 shall. e conslrucled. (Ord. No. 90.34, fi 15,
9.27-90)
Ground signs (refe Lo sedion 822.00 et seq. for addiliOnal\regulaliOnS). (Ord. No. 86.16, ~
IX, 10.23.86 .
Projecting 5i (refer Lo section 822.00 et seq. for additional 'regulations). (Ord. No. 86.16,
~ ~ 10. 3.86), \~ .
Temporary: signs (refer to seelion 822.00 et seq. for additionM regulations). (Ord. No.
86.1 . ~ IX. 10.23.86) ) \.
'i~."~-~;URBAN ~J1!9~~r.~L~Y:
RESIDENTIAL CLASSIFICATION
purpose and, Intent: The purpose and intent or lhe R.3 Urban Single.Family Residenlial
ClassiCication, !s Lo provide mediu"!.}ow-densily residential developments, preserving the chaI'
ader of existing or proposed residential neighborhoods.
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Art VII
APPENDIX B-ZONING ORDINANCE
Art. VII
t,
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P.ermitted Principal Uses and Structure: In the R-3 Urban Single.Family Residential
Classification, no \Jfemises shall be used except Cor the Collowing uses and their cuslomary
accessory uses or structures: .
Clusler subdivisions (reCer to section 828.02) (Ord. No. 90.34, ~ 16, 9.27.90)
Essential utility services. (Ord. No. 8.'.1, ~ III, 3.8-84)
Exempt excavations (reCer Lo seclion 817.00(0)) and/or those which comply with article VIII
or lhe Land Development Code oCVolusia'County [append Lx A] and/or Cinal siLe plan
review procedures oC lhis ordinance. (Ord. No. 84.1, gIll, 3.8.84j Ord. No. 89-20, ~ VI,
6.8.89; C?rd. No. 90-34, ~ 16, 9-27-90)
E;<emptlandCills (reCer to section 817,OO(p)). (Ord. No. 69.20, ~ VI, 6.8-89; Ord. No. 90.34,
~ 16, 9.27.90)
Fire stations. (Ord. No. 92,6, ~ XVIII, 6-4-92)
Home occupations, class A (refer to sedion 607.00).
Parks and recreational areas accessory lo residential developments.
Public schools. (Ord. No. 92.6, ~ XVIII, 6.4-92)
Publicly owned parks and recreational areas. (Ord. No. 92.6, ~ XVIII, 6.4.92)
Publicly owned or regulated waLer supply wells. (Ord. No. 92.6, ~ XVIII, 6-4,92)
Single.family standard or manufadured dwelling. (Ord. No. 84-~, ~ X, 3.8-84)
Permitted Special Exceptions: Additional regulations/requiremenls governing permitted
special exceptions are located in sedions 817.00 and 1104.00 oC this ordinance. (Ord. No. 90-34,
~ 16, 9.27.90)
Antennas e;<ceeding 70 feet in height above ground level.
Bed and breakfast homeslay (refer to section 817.00(5)). (Ord. No. 90.34, ~ 16,9.27.90)
Day care centers (reCer to sedion 817.00m). (Ord. No. 90.34, ~ 16, 9.27.90)
Excavations only Cor slormwater reLention ponds for which a permit is required by this
ordinance. (Ord. No. 84.1, ~ VII, 3-8.64; Ord. No. 89.20, ~ VII, 6-8.89)
Garage apartments.
Houses of worship and cemeteries (reCer lo sedion 817.00(d)).
Off.street parking areas (reCer Lo sedion 817.00(n)). (Ord. No. 65.2, ~ I, 3.14.85j Ord. No.
90-34, ~ 16, 9-27-90)
Public uses not listed as a permitted principal use. (Ord. No. 92-6, ~ XVIII, 6.4-92)
Public utility uses and strucrures (refer to sedion 817.00(a)). (Ord. No. 84.1, ~ III, 3.8.84)
Recreational areas (refer to sedion 817.00(c)). (Ord. No. 92.6, ~ XVIII, 6-4.92)
Schools, parochial or private (refer to sedlon 817.00(d)).
Zero lotllne residential 6ub~visions (refer Lo section 817.00(h)).
Dimensional Requirements:
Minimum lot size:
'Area:.l0,OOO square feet.
Width: 85 feet.
". 'J
0.._",
Minimum. yard size:
Front yard: 30 feet.
Rear yard: 20 percent or the depth of the lot but not less than 20 feet.
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~ane M. Matousek
Volusia County, Clerk of Court
EXHIBIT fiB"
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Art VII
VOLUS[A COUNTY CODE
Art VII
Side yard:, . .
AbulHng any lot: 20 feel combined, minimum or 8 feet on anyone side, (Ord. No.
81.39, ~ Xl, 11.19.81)
~buUing any street: 30 feet.
Walerfront yard: 20 percent of lot deplh but not less lhan 25 feel, or the .required
shoreline burCer, whichever is greater. (Ord. No. 82.20, .~ XlII, 12.9.82j .Ord. No.
90.34, ~ 16, 9.27.90)
Maximum building height: 35 feet.
Mo..ximum lot coverage: The tot~ lot area covered with principal and accessory buildings
shall not exceed 35 percent.
Minimum floor area: 1,000 square feet. (Ord. No. 81.39, ~ XI, 11.19.81)
Off-Street Parhing and Loading Requirements: Off,slreet parking and loading areas meeting
the requiremenls of sections 810.00 and 811.00 shall be conslructed. (Ord. No. 90.34, ~ 16,
9.27.90)
Types of Signs Permitted:
Ground signs (refer lo section 822.00 et seg. for additional regulations). (Ord. N~: 86.16, ~
IX, 10.23.86)
Projecting signs (rerer lo sedion 822.00 et seq. for additional regulations). (Ord. No. 86.16,
~ IX, 10.23.86)
Temporary signs (refer Lo sedion 822.00 et seq. for additional regulations). (Ord. No.
86.16, ~ IX, 10-23.86)
R-4 URBAN SINGLE.FAMILY
RESIDENTIAL CLASSIFICATION
Purpose and Intent: The purpose and intent oC the H.-4 Urban Single.Family Residential
Classincalion is to provide medium-density residential developments, preserving the char.
acler or exisling or proposed residential neighborhoods. .
Permitted Principal Uses and St~uclures: In the R.4 Urban Single.Family Residential
Classification, no premises shall be used exc.ept for lhe following uses and lheir cuslomary
accessory uses or structures:
Clusler subdivisions. (refer lo sedion 828.02). (Ord. No. 90.34, ~ 17, 9.27.90)
Essential utilily services. (Ord. No. 84.1, ~ 111, 3.8.84) .
Exempt excavations (rerer lo sedion 817.00(0)) nnd/or those which comply wilh article Vlll
oC the Land Development Code oC Volusia County (appendix A) and/or final sile plan
review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3.8.84j Ord. No. 89.20, ~ VI,
6.8.89j Ord. No. 90-34, !i 17, 9.27.90)
Exel!'pt landnJls (reCer to section 817.00(p)). (Ord. No. 89.20, ~ Vl, 6.8.89j Ord. No. 90.34,
~ 17 t 9~2?90)
Fire slallons. (Ord. No. 92.6, ~ XIX, 6.4.92)
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034194
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03/15/1995 10:29
T~strument # 95034195
......00 k: 3990
Page: 995
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this
.-Jjt1cA-- , 19~ by and between, the CITY OF EDGEllATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
~.~ day of
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
FLOYD R. and AMANDA S. ANDERS, 115 Palm Breeze Drive, Edgewater,
Florida 32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .22 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more ~pecifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.Anders)
December 7, 1994 "
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EXHIBIT "P"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\palmBreeze.Anders)
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address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\PalmBreeze.Anders)
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
A:TTEST
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
;fl' -t,.
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. t,;#, :
"~". Susan . ~il~sworth
.,~ : Ci hy ':'Clerk \:
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Dated: .ijiq~
APPROVED R FORM
AND CORRECTNESS:
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is a A. rey
City Attorney
Witnessed
(;..5'
named typed
OWNER:
~/e&-
Floy R. Anders
Witnessed by:
/~~
. $LL fi~/~s
Witness named typed
OWNER:
~a/ktta S~cW5
Amanda S. Anders
STATE OF ~~a...--
COUNTY OF U a..J..t~
I U ~,he fore:;.6ng instrument
'! 'i!'day of jJ ~~
S. ANDERS, who are personally
was acknowledged before me this
, 1994, by FLOYD R. and AMANDA
known to me ~~ha~;J;;Odueed
as identirica1:~on anC1~d
~ take an oath.
/", ~
. ~o ~y p~ .
lk ~ f-). /'3 t2.0 0 Ie "
Notar name typed
--.._-,~.~_.
Seal/Stamp:
~...~....."'-
~"~~~'~~::" '-BEmA. BROOKS
i~ ,.{;~ MY COMMISSION fi CC 822206
:,} EXPIRES: Novembftr 16. 1997
" Bonded Thru Noll\lY Public UndelWl1t8rs
(annexation\palmBreeze.Anders)
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EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence North 26041'40" West 140
feet along the said Right-of-Way line; thence North 77009'50" East,
698.78 feet for the Point of Beginning; thence North 77009'50" East
85 feet; thence South 08011'50" East 154.71 feet; thence South
85012'50" West 85.02 feet; thence North 08008'10" West 142.78 feet
to the Point of Beginning. The Southerly 25 feet of the herein
described property subject to an easement for access.
Together with the right to use the following described easement:
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
99.09 feet; thence North 77009'50" East 489.62 feet; thence North
35012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6, thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6, thence North
64041'20" East, 34.38 feet; thence North 25018'40" West 360 feet
thence North 64041'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" 175 feet; thence
South 85012'50" West 448.72 feet; thence South 77009'50" West
487.50 feet; thence North 89056'40" West 118.65 feet to the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
26041'40" East 55.99 feet along the said Easterly Right-of-Way line
of U. S. Highway No.1, to the Point of Beginning.
(annexation\PalmBreeze.Anders)
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EXIIIBIT "B"
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Art. Vll
VOLUSLA COUNTY CODE
Art Vll
.
-rl~creallonal nren.!! (refer to seclion 81'I.OO(c)). (Ord. No: 92.6, , XVII
\ ',',
Scl~Oh;, 1l3.Iochial or private (refer Lo section 011.00(d)).
Zero o~ line reshl,enUal subdivisions (rerer Lo section ~17.00(h)).
DimenJl ~ol Requirements:
Minimum ~~ siu:
Area: 12,bQo square feet.
Width: 100 'r\l.
Minimum y~rd s~:~ '
Fron~ ynrd: 30 fe\t
Hear yard: 20 perc\~ of the ueplh of lhe lol, b ~ not Jess lhcm 20 feel.
Slde yard: ll\
81.39, G X, 11.1 ~l)
AbuUing any t;lreet: 30 feel.
Waterfront yo.nJ: 20 1"!rCen~of Jot tie' It "\I~ ItollcS! limn 25 feet, or lhe required
shoreline buUer, whlchev~ is gr nLer. (Ord. No. 82.20, ,g XlII, 12.9.82; Oul. No.
90-34, g 16, 9-27-90)
.
M..ill1ulIl buildin,/.d,I." 35 reet. ~ -
M~~~:~~',::: :::::~';~'l:::cl:,:~ I are. c \ed wllh prh.'c1pol and Bccesso'lTUdlng.
Minimum floor area: 1,200 s( are feet (Old. no. 81.39, i X, 11-19.81)
Off-SI",t porMn, ond Lood: '8 Il.qui",,,,n',, or~\reel parking and lo.ding are.. hleeUng
Lhe requbemen15 of secUons 10.00 ond 811.00 shall bo constructed. (Ord. No. 90.34, G 16,
9.21.90/. \. .
Ground sign! (rer Lo secllon 822.00 el seq. ror 9ddillolul~reguI911oI1S). (Ord. No. 86.16, ,
IX, 10.23-86 " \
ProJecUng algI (rerer Lo section 822.00 e~ seq. for addillonal '\RulaUo,ns). tOrd. No. 86.19,
G IX. 10. 3.86)' \ .
Temporary' algno (refer to ..cllon 022.00 e~ '.'1' for .ddillonM reBIII.lIon.). (Ord. No.
8G.1 . f IX. 10.23.8G/ \ .
-~,~~~t.~;unDAN ~JnH~~f~\~r: 1.
llESlDENTlAL CLASSIFICATION
I'urpou aud.llllelll: The pmpos!! om} inlenl or tho Jt.3 Urban Slngle.FlUuUy ltesldenUnl
Classification, !slo IJrovide IJlediun".}ow-densily residential developmenls, preserving the ChIlI'
Bclcr of ex.1s11ng or llroposed residenlialneighborhoods.
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Arlo VIl
Art. VlI
APPENDIX D-ZONING OHDlNANCE
P.<<rlllilltcl Principal Usu alld Slruclurt: In the It.3 Urban Slngle.Famlly ItesldellUol
CIM~i{icnllon, no I~rellllses shnll be used excepL for the following tlses nnd lhelr clIslolllnl'Y
accessory use!! or strudures: .
ClusLer subdivision! (refer to seclion 820.02) (Ou), No. 90.3~, G 16, 9.27.90)
EssenUol uuUty services. (Ord. No. 81.1, ~ III, 3.0.81)
Exempt excavallon!! (refer lo section 817.00(0)) alHlIor lhose which comply wllh arUele VIII
of the Land Develop"ll!lll Code of Volusl.fCounLy (oppendl'( AI olHlIor rlllnl slLe phm
review procedures of lhh onlin:mce. (Old. No. 81.1, ~ 1\1,3.8.81: Ord. No. 89.20, ~ VI,
6.8.89: Ord. No. 90.34, ~ 16, 9-2'1.90)
E:<emp~ IImdlllb (refer Lo secllon 817.00(1')). (Ord. No. 89.20, ~ VI, 6-8.89: Ord. No. 90.31,
~ 16, 9.27.90)
Fire station!!. (Ord. No. 92.6, ~ XVIII, 6.4.92)
Home occupations, clllS5 A (refer to seclioll 807.00).
Parks and recreational areM accessory Lo resldenllnl developll1enh.
Public schools. (On1. No. 92.6, ~ XVIII, 6.4.92)
Publicly owned parks am) recreational nreos. (Ord. No. 92.6, ~ XVIII, 6..{.92)
Publicly owned or regulaled wnler sU}lJlly well~. (Ord. No. 92.6, ~ XVIII, 6.".92)
Single.famlly standard or JlHUlufnclured dwelling. (Ord. No. M.~, ~ X, 3.8.8~)
PtrmlUtcl Sptda~ ExctpliOlu: Additional regulalions!requiremenh governing perrnllled
spedol exceptions are localed 111 seclioll!! 817.00 nnd 1101.00 orLhls ordinance. (Ord. No. 90.3~,
S 16, 9.27.90) .
Anlellna.!; exceeding 70 feel ill height nbove ground level.
Bed lUld breakfast homesLny (refer lo section o 17.00(s)). (On1. No. 90.3~, f 16,9.27.90)
Doy care centers (refer lo section 817.00(1)). (Ord. No. 90.3~, ~ 10, 9.27.90)
E:<cavalions only for slorlllwaler relention ponds for which a permit ill required by lhls
ordinance. (Ord. No. 01.1, f VII, 3.8.84; o.-d. No. 89.20, ~ VII, 6.8.69)
Garage Bpartmel1ls.
HOUSe! or worship n.nd cemeLeries (refer Lo section 817.00(d)).
Off.sheet po.rking areas h efer lo seclion 817.00(11)). (Ord. No. 65.2, G I, 3.11.05; Ord. No.
90.3", , 16, 9.27.90)
PubUc uses not lJsled ag 9. peruulled prillcipal use. (Ord. No. 92.6, f XVIII, 6.".92)
Public utility uses ond shuclure!! (refer Lo seclion 817.00(a)). (Ord. No. M.l, ~ 111,3.8-84)
Ilec.reationol arerul (refer lo section 017.00(c)). (Ord. No. 92.6, ~ XVIII, 6.".92)
Schools, parochlnl or privalo (refer lo sed[on 017.00(d)).
Zero lo~ llne res!t)enUlll sub~lvislon9 (refer lo 5ecllon 811.00(h)).
Dinwuionol Requiremen/!:
Minlmum/ot ,iu:
'AuB.:.I0,OOO square feet
WldUu 85 feet.
. Minimum yard slu:
Front yard: 30 feet.
Rear yard: 20 percent of lhe deplh or the lot but not leu lhnn 20 feet.
Supp. No. 65
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"="age: 1002
~iane M. Matousek
Volusia County, Clerk of Court
EXIIIOIT "0"
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Ar~. VII
VOLUSlA COUNTY CODE
Art VII
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Side yud, . - . ;
. AbulUng Bny lot: 20 feet combined, mInImum or 8 ree~ on Bny ona side. (Ord. No.
81-39, fi Xl, 11.19-01)
~bulUng Bny slreel: 30 feet
Walerfron~ yard: 20 percenl of .Iol depth but nol leu lhan 25 feel, or the .requlred
shoreline burrer, whichever is greater. (Ord, No. 82.20,'6 JOU, 12.9.82;.Orcl. No.
90.34, fi 16, 9.27.90)
. .
Mcuimunt buildillg 'Itig"': 35 feet.
MoxlnwNl lot cOl1trctge: '1'he tol~ lol nrea covered with principal and necessory building!
shallnol e:<ceed 35 percent
Minimum floor ~rea.: 1,000 square feet (Ord. No. 01.39, fi XI, 11.19.81)
OffSlr~d Parhing Dlld Looditlg llt!quirtml!III$: Orr.slreet parking and loading areas meeting
lhe requirements or sections 810.00 oml 811.00 sllnll be conslrucled. (Ord. No. 90.3~, G 16,
9.21.90)
Typ~1 of Signs Perntllltd:
Ground signs (refor lo section 822.00 el seg. for adoHlonal regulaUons). (Ord. No. 86.16, G
IX, 10.23-86) . ,
ProJecUng sign!! (refer lo section 822.00 elseq. for oddlUonal regulations). (Ord. No..86.16,
fi IX, 10.23.86)
Temporary signs (refer Lo section 822.00 el seq. for Bdditlonal regulaUons). (Ord. No.
I
66.16, fi IX, 10.23.86)
H-ot UltnAN SINGLE.FAMILY
.
ItESlDENTlAL CLASSlfIC^TION
purpost alld Jllttlll: The purpose Dnd Intenl of the It." Urban Slngle.Fomlly Residential
ClassUicotlon Is lo provide medium.dellslty residentiAl dQ~eloptnenh, pre!lervlng lhe cluu.
otter or ex.lsllng or proposed residential Jlelghborhoods. .
Ptrmllltd Principctl Uses ctnd Structures: In lhe n." Urban SlngleoFomlly ResIdential
Closslncollon, n~ premISe! shall be u'sed excppl for lhe followIng uses Bnd their cuslol11ot)'
Accessory uses or slruclures: '
Cluster subdivisions. (refer Lo Sl!cUo/l6?0.02). (Ord. No. 90.34, G 11, 9.21.90)
EssenUnl utility services. (Oro. No. tH.l, ~ 111,3.0.84) .
E:<t!Jllp~ t!:<cavalloru (refer lo secllon 01'1.00(0)) Dnd/or those which comply wilh Rrllcte V 111
of lho Land Develo)llIIl!nt Code of Volu!lla Counly (oppendlx A) nml/or Una.1 slle pion
review IJrOcet.lure!l of lhb orillJl3,Jlce. (On.J. No. M.l, ~ 111, 3.8.84; Oul. No. 89.20. G VI,
6-8-89; Ord. No. 90.34, ~ 101,9.27.90)
Exel!lplla..IIdlUls (refer to section 0 1'1.00(p)). (Ord. No. 89.20, 6 VI, 6.8.89; Old. No. 90.3.1,
G 17,9;21.90)
Fire slallons. (Ord. No. 92.6, G XIX, 6....92)
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03/15/1995 10:30
Instrument # 95034196
-'ook: 3990
~age: 1003
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this ~~ day of
,!1fJ// ~ , 19~bY and between, the CITY OF EDGElfATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
VERNON L. and DOROTHY LYNN GOODRICH, 113 Palm Breeze Drive,
Edgewater, Florida 32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .23 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.Goodrich)
December 2, 1994 "
1
EXHIBIT "Q"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\palmBreeze.Goodrich)
December 2, 1994 '
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address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8. APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\palmBreeze.Goodrich)
December 2, 1994 '
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
..It'''''j, ..
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
(L : :'
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Dated:
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APPROVED OR FORM
AND CORRECTNESS:
~~
City Attorney
Witnessed by:
OWNER:
/~~~
13;(1 bR.oohs
Witness named typed
~~~
~~
~ i I \ . (Z 0 0/( ~
Witness named typed
STATE OF ~tL-1 P,4
COUNTY OF (. ) I ~
~~~~~
I .:::J17The for~g instrument was
~ day of_ J!~~
and DOROTHY LYNN GOODRICH, his wife,
~r who has prodRocd
identifi~~tion and who did (did not) take an oath.
(~~
13 'CC(. A. h R.-{) J ks
Notary nake typed
acknowledged before me this
, 1994, by VERNON L. GOODRICH
who are personally known t-o- .n,e-
as
Seal/Stamp:
BEITY A. BROOKS
MY COMMISSION' CC 322206
.'J! EXPIRES: November 18. 1997
'. 0 :j~'(.>" Bonded Thru NoIaJy PublIc UndelWlfllll
(annexation\palmBreeze.Goodrich)
December 2, 1994 '
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1007
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Government Lot 6, Section 2, Township 18 South,
Range 34 East, Volusia County, Florida, being more particularly
described as follows:
Commence at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence North 26041'40" West 140
feet along the said Right-of-Way line; thence North 77009'50" East
600.78 feet for the point of beginning; thence North 77009'50" East
98 feet; thence South 8008'10" East 142.78 feet; thence South
85012'50" West 66.21 feet; thence South 77009'50" West 20.74 feet;
thence North 12050'10" West 133.03 feet to the point of beginning.
The Southerly 25 feet of the herein described property subject to
an easement for access.
Together with the following described easement:
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
99.09 feet; thence North 77009'50" East 489.62; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64041'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'50" West 448.72 feet; thence South 77009'50"
West 487.50 feet; thence North 89056'40" West 118.65 feet to the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
26041'40" East 55.99 feet along the said Easterly Right-of-Way line
of U. S. Highway No. 1 to the point of beginning. All lying and
being in Township 18 South, Range 34 East.
(annexation\PalmBreeze.Goodrich)
December 2, 1994 ,
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EXIIIBIT "B"
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Art. VJ1
VOLUSlA COUNTY CODE
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Art. Vll
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. R~crellUonal ore9.!l (refer Lo secUon ort.OO(e)). (Onl. No: 92.6, G XVII
S~I:!OIS' JI:uoclll'al or ptlvale (refer lo secllon 011.00(dU.
Zero ot Ilne resld,enllal subdavisions (refer lo section ~11.00(h)).
Dlmens ~OI.nfqulr"''''llJ:
Minimum ~~ ,12<<:
Area: 12,bQo square feet
Wldlh: 100'r,l.
Min'mum :y~rd ,,~~~ '
Front yard: 30 re\l.
Hear yard: 20 pert" It of the deplh or lhe loL, h t not Jess lhan 20 reel.
Side yard:
01.39, f X, 11.1 ,01)
Ahulllllg ouy ~lreel: 30 feet.
Walerfront yonJ: 20 1)I!rCen~of Jot de , It but not len lIlAn 26 feel, or tho required
shoreline burrer, whicllev~ as gr aler. (OuJ. No. 82.20, ,I XIII, 12.9.82; Oul. No.
90.3-1, G 15, 9.2'/.90)
Purpose oml,lllltlll: 'I'he l'uqJOSO om) intent or the It.a Urban Slngle.FlUllUy ltesldenllnJ
CJassUicallol1, ~5lo I,rovide lIlediun".)ow.densily resldenUal develol'lllenh, preserving the char.
acler of exlsUng or IJrolJOsed resadential neighborhoods.
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EXIIlBIT "B"
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Art. VII
APPENDIX D-ZONING OHDlNANCE
Art VII
P.<<rlllilltd Prlllcipal U$U ond Slrllclurt: In Lhe It.a Urban SIIIgle.FlUnlly ltesldenUal
CI~i{jcnllon, 110 'neanlse!! sholl be used except for lhe followlug uses olld their cuslo/llnry
nccessory U!!e! or slrudures:
Clusler subdivisions (refer to section 828.02) (OuJ. No. 90.3~, G 16, 9.27.90)
Essenlial ullUly service!!. (OnJ. No. 81.1, G III, 3.0,04)
Exempt excavallons (refer Lo secUon 617.00(0)) AmI/or Lhose which comply willa urUele VIII
or Lhe LlUld Development Code of VolushfCounly (ol'pendl'( Aloud/or Unnl slle plnn
review procedures oflhls ordlnl!.nce. (Ord. 1'10.81-1, G JlI, 3.8.84; Ord. No. 89.20, f VI,
6.8.89; Ord. No. 90.34, ~ W, 9.2'1.90)
E:<ernp~ landfills (refer lo secUon817.00(1')). (Ord. No. 89.20, G VI, 6.8.89; Ord. No. 90.34,
G 16, 9.27.90)
Fire slatlons. (Ord. No. 92.6, G XVIII, 6-1.92)
HOUle occupations, class A (refer Lo sedion 801.00).
ParJu llnd ~ecrenUollal nreM accessory Lo tesldenUnJ developments.
Public schools. (Ord. No. 92.6, G XVIII, 6.1-92)
Publlcly owned parks D.nd recrealioual arens. (Ord. No. 92.6, ~ XVIII, 6.4.92)
Publicly owned or regulaled woLer sUJlply welh. (Old. No. 92.6, i XVIII, 6.".92)
Slngle.flUnlly slD.llda.rd or manufactured dwelling. (Ord. No. 84.~, i X, 3.8,84)
Ptrmllltd Sptcial ExctpliOlu: Additional regulalions/requheanenh governing permllled
special e:<ceptlons are 10caLed I.. seclions 81'1.00 Dnd 1104.00 ortltls ordinance. (Ord. No. 90.34,
116, 9.21.90) ·
A.nLenIlM exceeding 70 feet in height nbove ground level.
Bed lUld brellkfMt horneslny (refer lo section 017.00(5)). (Ord. No. 90.3~, f 16, 9.21.90)
Doy care cenlers (refer lo seclion 817.00(1)). (Ord. No. 90.34, G 10, 9.27.90)
E:<.c.ovaUon!l only for slormwaLer relention ponds for which a perrnlt 15 required by Lhls
ordinance. (Ord. No. 81.1, ~ VII, 3-0.84; G.-d. No. 69.20, ~ VII, 6.8.69)
Garage upartmenh.
Houses of worship nnd cC!IJ\elcries (rerer lo section 811.00(d)).
OCr.sLreet parking o.re:u (refer lo secliou 811.00(n)). (Ord. No. 85.2, f I, 3.H.85j Ord. No.
90.34, f 16, 9.27.90)
PubUc USM Ilot lJsted M a permllled principal use. (Ord. No. 92.6, f XVIII, 6.".92)
Public utility uSl!!IlUld shuctures (refer lo section 811.00(3)). (Ord. No. 81.1, f JII, 3.8-84)
Hecrealional 91e~ (refer Lo seclloll 017.00(c)). (Ord. No. 92.6, f XVIII, 6-1.92)
Schools, plUochlnl or I" ivnto (r efer lo sed[on 017 .oO(d)).
Zero Jot llne resldenUIll liuLdlvlslon!J berer Lo secllol1 811.00(h)).
Dina!n,;otlol R!quir!IIwlls:
Mllllmum lot slu:
'Arell.!.lO,OOO square feet.
Width. 85 feet.
. Minimum yard 112f:
Front YlUd: 30 feet.
Rear YlUd: 20 I)ercent or Lhe deplh or Ull! lot but not less lhon 20 reel.
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~ane M. Matousek
Volusia County, Clerk of Court
EXIIIBIT "B"
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Art. VII
VOLUSlA COUN1'Y CODE
Art. VII
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Side YAId, . . . '
. AbulUng BUY Jol: 20 feel combined, minimum or 8 ree~ on Bny one side. (Ord. No.
81.39, G XI, 11.19.81)
~bulllng Rny street: 30 feet
Walerrron~ ynrd: 20 JH!rCcnt of lot deplh but nol leu lIHm 25 feet, or lhe uqulred
shoreline burrer, whichever h grealer. (Ord. No. S2.20,i XlII, 12.9.82; ,Ord. No,
90.34, ~ 16, 9.21.90)
..'
/l{ClXimuna bulldillg /ltia"': 35 feet
Mo.:tll1llmllot c0l1frCJ8t: The lol~ lot men covered wllh J,rinclpalAnd necessory building!
shallnol e:cceed 35 percent,
Minimum floor f?rteJ: 1,000 IHtUMe feel. (Ord. No. 81.39, f Xl, 11.19.8U
OrfS1rt!d Parldl1g and UJoditlg /It!quirwwlh: orr.slreel puking And loadJng Melt! meellng
lhe requirement! or secLlon!J 010.00 ond 011.00 sh~1l be constructed. (Ord. No. 90.3~, f 16,
9.27.90)
T,PU at Sign. PfTnalllfd:
Ground sign, (refer lo secl!oll 822.00 elseq. for BddHlonoJ regulAtions). (Ord. No. 86.16, f
IX, 10.23.86) . .
Projecting sign, (re[er lo secUoll 822.00 el seq. for oddlllonal reguIIlUons). (Ord. No., 86.16,
i IX, 10.23.86)
Temporaty signs (refer Lo section 822.00 el seq. for Rddillonal regulllllons). (Ord. No.
66.16, G IX, 10.23.86)
It." UltUAN SINGLE.FAMILY
.
ItESlDEN11AL CLJ\SSlfICA'fION
PutpOU aud lraltral: The pUtpose nnd Inlent of the It." Urblln Slngle.Famlly Residential
Classification ill lo provide IIll!tliu",.dellsHy J l!sldenUl'1 do~elorl11enh, preservlug the dult.
ueter of exbUng or proposed resiul!nllallll!lghborhoods. .
Ptrlllllltd Principal Ust$ and Struclures: In lhe It." Urban Slngle.Fllmlly ltesldenUal
ClossUicollon, n~ premise! shall be u'sed exc.l:!pl for the following usell Alld lhelr cuslomory
Accessory uses or slruclurcs: '
Clusler subdivisions. (refer Lo secllo" GZo.on (Ord. No. 90.34, & 11, 9.21.90)
EssenUnl ullJily service!. (Ord. No. 04-1, ~ JlI, 3.0.04) .
E:<empt e:<cttvnlloll!l (refer to seclloll 81'1.00(0)) umVor lhose \~hlch cOIllJ,ly with l\rllcle VIII
or tlto LnmJ DevelopllIcnt Code or Vol\lllln County (nppendbc AJ nmJ/or filial site .,Ion
review I,rocedure!l or tlth oldlU:1J\ce. (Onl. No. 04.1, gill, 3.8.M; OnJ. No. 09.20, ~ VI,
6.8-89; Ord. No. 90.34, ~ 11,9.2"1.90)
EXel!lpt IllndlUl! (refer lo section a 11.00(1'))' (Ord. No. 89.20, ~ VI, 6.8.89; Dad. No. 90.3."
G 11,9:21.90)
Fire stallons. (Ord. No. 92.6, f XIX, 6.4.92)
SUPI" Ne. IS
68
. .
,.. .
o
034196
03/15/1995
10:30
Tnstrument
# 95034197
;ook:
3990
Pave:
1011
ANNEXATION AGREEMENT
THIS AGREEMENT Imaadde and entered into this day of
199s by and between, the CITY OF EDGEWATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
DONALD R. MIDLAND, Ill Palm Breeze Drive, Edgewater, Florida 32141
(hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .24 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\Palmsreeze.xidland)
December 2, 1994 . 1
EXHIBIT "R"
TO ORDINANCE #94-0-24
Book: 3990
^age: 1012
3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances. Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6. AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7. STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control. However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\Palmsreeze.Midland)
December 2, 1994 , 2
Book- 3990
�agec 1013
address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8. APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager. If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\Palmsreeze.Mldland)
December 2, 1994 , 3
Book- 3990
�aee- 1014
IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
H
> City
Cl@F
AND CORRECTNESS:
J;sta A. ey
i y Attorney
Witnessed by: OWNER:
DONALD R. MIDLAND
W tness named typed
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
( Zi*`' inday of J' -C�1 , 1994, by DONALD R. MIDLAND,
a single man, who is personally known to me or whe— has --produEad
as-identifiFation and who diT
(did not) take an oath.
c
Not ,
y Pu 11ic
Notary nfame typed
Seal/Stamp:
/ BE17Y A. BNOOi32
MY WMMgBeN / CC J1Ym
smarts: xc-m�e. ie.iwt
e�;ramn�aomraa<wanwnm. ii
(annexation\PalmBreeze.Midland)
December 2, 1994 \ 4
Book: 3990
'aee: 1015
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 6: Commence at the intersection of the South line of U. S.
Lot 6, Section 2, Township 18 South, Range 34 East, Volusia County,
Florida, and the Easterly Right -of -Way line of U. S. Highway No. 1;
thence North 26*41140" West 140 feet along the said Right -of -Way
line; thence North 77009'50" East 507.78 feet for the Point of
Beginning; thence North 77009'50" East 93 feet; thence South
12050110" East 133.03 feet; thence South 77009'50" West 93 feet;
thence North 12050'10" West 133.03 feet to the Point of Beginning.
Together with the following described easement:
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East, Volusia County,
Florida, and the Easterly Right -of -Way line of U. S. Highway No. 1;
thence South 89°56'40" East 99.09 feet; thence North 77009150" East
489.62 feet; thence North 85012150" East 463.92 feet; thence South
25018140" East 164.21 feet to the South line of said U. S. Lot 6;
thence South 89056'40" East 17.29 feet along the South line of said
U. S. Lot 6; thence North 64*41120" East 34.38 feet; thence North
25018140" West 360 feet; thence North 64041'20" East 174.62 feet;
thence North 25018140" West 36.55 feet; thence South 64041'20" West
209 feet; thence South 77009150" West 16 feet; ;thence South
25018140" East 175 feet; thence South 85012'50" West 448.72 feet;
thence South 77°09'50" West 487.50 feet; thence North 89012'50"
West 118.65 feet to the Easterly Right -of -Way line of U. S. Highway
No. 1; thence South 26041140" East 55.99 feet along the said
Easterly Right -of -Way line of U. S. Highway No. 1 to the Point of
Beginning.
(annexation\Palmsreeze.Midland)
December 2, 1994
Book: 3990
'age- 1016
EXN113IT "B"
Art. VII
V01,UStA COUNTY CODE
anal areas (refer to section 817.00(c)). (Ord. No: 92.6, 5
pmociil'al or private (refer to section 017.001d)).
line residential subdivisions (refer to section 817.0001)).
bl,al Requirements: /
Minimum td size:
Area: 12. e0 square feet.
Width:100i at.
Minimum yard size.
Front yard: 30 fel�t.
(tear yard: 20 perch d. of the depth of the lot, b� t not less than 20 feet.
Side yard:
Abuttinganylot: feetco,bined,
81.39,5X,H1,01)
Abutting any street: 39 feet.
Waterfront yard: 20 perceuof lot de 1
shoreline buffer, whichave is gr n
90.34, 4 16, 9-27.90)
Max imunt building height: 35 feet. '
Mazimurn lot coverage: The total I wren c
shell not exceed 35 percent.
Mt. VII
of 8 feet on any one side. (Ord. No.
but not less limn 25 feet, or the Mulled
(Ord. No. 02.20, 0 Xill, 12.9-02; Ord. No.
,Ith principal and accessory buildings
200 s are feet. (Ord. NO, 81.39, 5 X. 11.19.811
Mirtinnunt floor area: 1, . ,
0((•Slreel Parhfng and Laod•,g Requiren, nits: Orff t,at parking and loading meas meeting
the requit set Parnts of sections 10.00 mid 811.00 shall a constructed. (Ord. No. 90.34, if 16,
9.27.90)
Types o(Slgns Fern, (ed.
Ground signs (ref to section 822.00 et seq. for addition regvlaif ). tOrd. No. B6.18, 5
IX, 10.23.86
Projecting sig, (refer to section 622.00 at seq. for additional ellonrs). lord. No. B6.16,
41X,10. 3.86) ( ) (OrJ No
Temporary signs (refer to section 822.00 at seq. for addition regular
86.1 , I X,10-23.80)
•,A01t-3;UIl0AN Sijj(ILAF,AMLLY.
RBSU)ENTIAI, biJI SIF1CATiON
propose and Intent: 'fill, purpose mid intent of the R•3 Urban Slogle_Fmnily Residential
Classification, is to provide i nedfunr.low-density residential developments, preserving the ell"'
actor of existing or proposed residential neighborhoods.
6upp. No. is
56
6
Book: 3990
�aoa: 1017
EXHIBIT "B"
. L Art. Vil APPENDIX B—ZONING ORDINANCE Art. Vil
r�
P}rmf(fed Principal Uses and Sbvdure: In the Ili Urban Single•Fmnily Residential
Classification, no Premises sholl be used except for the following uses and their customary
accessory uses or structures:
Cluster subdivisions (refer to section 820.02) (Old. No. 90.34, 5 16, 9.27.90)
Essential utility services. (Ord, No. 84.1, 4 ill, 3-0-84)
Exempt excavations (refer to section 617.00(ol) and/or those which comply will: article Vlll
of (lie Land Development Coda of Volusla'Comdy [appendix Al and/or final site plan
review procedures of this ordinance. (Ord. No, 04-1, 4 111, 3.8.84; Ord. No. 89.20, 4 V1,
6.8.89; Ord. No. 90.34, 4 16, 9.27.90)
Exempt landfills (refer to section 817.00(p)). (Ord. No. 99.20, 4 VI, 6.8.89; Ord, No. 90.34,
116, 9.27.90)
Fire stations. (Ord. No. 92.6, 5 XVIII, 6.4.92)
home occupations, class A (refer to section 807.00).
Parks and recreational areas accessory to residential developments.
Public schools. (Ord. No. 92.6, 4 XVIII, 6.4.92)'
Publicly owned parks and recreational areos. (Ord. No. 92.6, 4 XVIIi, 6.4.92)
Publicly owned or regulated water supply wells. (Ord. No. 92.6, 4 XVIII, 6.4.92)
single•farnily standard or mmsafaclured dwelling. (Ord. No. 84•1, 4 X, 3.8.84)
Perndtted Special Exceptions: Additional regulatlonslrequirenrents governing permitted
special exceptions are located in sections 617.00 and 1104.00 of this ordinance. (Ord. No. 90.34,
r• i t]
110, 9.27.90)
Antennas exceeding 70 feet br height above ground level.
Bed mid breakfast hmnestoy (refer to section 017.00(s)). (Ord. No. 90.34, 4 16, 9.27.90)
Day cue centers (refer to section 817.00M). (Ord. No. 90.34, 4 10, 9.27.90)
Excavations only for slormwaler retention ponds for which a permit Is required by lids
ordinance. (Ord. No. 04.1. 4 VII, 3.0.64; Ord. No. 69.20, 4 VII, 6.8.69)
Garage apartments.
(louses of worship and cemeteries (refer to section 817.00(d)).
Off-street puking seas (refer to section 817.00(n)). (Ord. No. 86.2, 11, 3-14.05; Ord. No.
90.34, 5 16, 9.27.90)
Public uses not listed as a permitted principal use. (Ord. No. 92.6, 5 XVIII, 6.4.92)
Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84.1, 4 111, 3.8-841
Ileeseationed areas (refer to section 017.00(c)). (Ord. No. 92.6, 5 XVIII, 6.4-92)
Schools, parochial or private (refer to secllun 017.00(d)).
Zero lot Ible residential subdivisions (refer to section 017.0001)).
Dinlensionol Requirements:
Mininrunr lot size:
• 'Area-, 10,000 squsa feet.
Widths 86 feet.
Minimum yard site
Front yard: 30 feet.
Rear yard: 20 percent of file depth of the lot but not less than 20 feel.
Sapp. No. is 67
Book: 3990
'aae: 1018
.,iane M. Matausek
Volusia County, Clerk of Court
EXHIBIT "B"
Art. Vll' VOLUSIA COUNTY CODE
Art. Vtl
Side yard)
Abutting any lot: 20 feet cwnbined, ndnhnurn of 8 feet on any one side. (Ord. No.
81.39, 1 XI, 11-19.81)
Abutting any street: 30 feet.
ot
1Valaborell eebufferr, vilictleveriis greatler. (old. No. 62I20, 6 X111,required but not less than 25 fee, Or tile
12 9.82; 0 d.No.
90-34, li 16, 9.27.90)
Afarinturn building height: 36 feel.
Maximunt lot coverage., Tile total lot was covered with principal and accessory buildings
shall not exceed 35 percent.
Minimmrn floor area: 1,000 square feet. (Ord. No. 81.39, 5 X1, 11.19.81)
0((Sireel Parking std Loading lUquit mterds: Off-street parking and loading areas meeting
the requitemenls of sections 810.00 and 811.00 shall be constructed. (Ord. No. 90.34, 4 16,
9.27.90)
Types Of Signs Permitted:
Ground signs (refer to section 622.00 at seq. for additional regulatitiona). (Ord. No. 88•!6, 4
1X, 10-23.86)
Projecting signs (refer to section 822.00 at seq. for odditional regulations), (Ord. No.. 86.16,
I IX, 10-23.86)
Temporary signs (refer to section 822.00 at seq. for additional regulalons). (Ord. No.
66.16, 1 IX, 10-23.86)
11-4 URBAN SINOLE•FAM16Y
IIESIDEN•I'tAL CLASSIFICATION
Purpose and IntenR The purpose slid tuleut of the RA Urban Single -Family Residential
Classification Is to provide ntedluurdemsity residential developments, preserving the char•
attar or existing or proposed residential neighbodtoods.
Permitted Principal Uses and Structures: In the R-4 Urban Single-Fau liy Residential
Clossitication, no premises shall be used except for the Following uses and their custanery
accessory uses or structures: '
r to section 620.U21. (Ord. No. 90.34, 111, 9.27.90)
Cluster subdivisions. (refe
Essential utility services. (Ord. No. 04-1. 4 111, 3.0.84)
Exempt excavations (refer to section 017.00(o)) and/or those
'e l dlx AlandPoriclIcolliply ith al artsiile plaits
or the Land Development Cade of Volusia County lap( VI,
review procedures of this otdbtmtce. (Ord. No. 84.1, if 111, 3.8.84; Ord. No, 09.20, 4
6.8.89; Ord. No. 90.34, 5 17, 9-27-90)
Exempt landfills (refer to section 8I7.00(p)). (Ord. No. 89.20, 5 VI, 6.8.89; Ord. No. so-34,
5 17, 9:71.901
Fire stations. (Ord. No. 92.61 4 XIX, 6-4.92)
Sapp. No. ns 68
C3419'7
03/15/1995
10:30
istrument
4 95034190
Jook:
3990
Pave:
1019
ANNEXATION AGREEMENT
THIS AGREEMENT /mde and entered into this � day of
-1 , 199'41 by and between, the CITY OF EDGEWATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
WILLIAM M. and PATRICIA A. CATTAFESTA, 19 Forrest Drive,
Turnersville, New Jersey 08012 (hereinafter referred to as
"Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
vacant residential parcel of approximately .25 acres located on
Palm Breeze Drive. The property is more specifically described in
the legal description which is attached hereto and incorporated by
reference as Exhibit A.
2.
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\PaimBreeze.cattafesta)
December 2, 1994 , 1
EXHIBIT "S"
TO ORDINANCE #94-0-24
Book: 3990
�a9e: 1020
3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances. Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6. AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7. STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control. However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\Palmareeze.Cattafesta)
December 2, 1994 1 2
Book: 3990
'aee: 1021
address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8. APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager. If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\PalmBreeze.Cattafesta)
December 2, 1994 1 3
...,
Book:
...;age:
3990
1022
IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
,,' ,A"fTES T, :
.\\\,. l ~ : ,1 ., '.
,.~.'. "'-\. <0 v. . ',...~~....
.: 1:";:",'"
'~. :tj."
:~
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
'Susan J r aBsworth
'".> Ci ty Cle'Z"k
" ,~f /,' ,,' .~\) ~,.,
'>; .... l~.. I I' l' ( J '
',..". ',"......~.~~dt\"~'.
APPROVED R FORM
AND CORRECTNESS:
~~/~/
ity Attorney
Witnessed by:
OWNER:
~- 7 cz-=
!J;i-f hAt 01/ jJ
Witness named typed
IJ dk..~ }I{ GNr
William M. Cattafesta
9 -;; cC-
r);~-r EP40AJJJ
Witness named typed
--IltiAttlL' {l
STATE OF 7ltlP-../ ff~~
COUNTY OF if/au c e .s r..-t.t
, The foregoing7\ instrument was acknowledged before me this
j,7 day of 4/.ec.-f..rtr1/J,(f , 1994, by WILLIAM M.
CATTAFESTA and PATRICIA A. CATTAFESTA, who are personally known to
me or who has produced as
identification and who did (did not) take an oath.
,/'/' "
, ~:V;/" /,./ ~"_'
~a....-.L / i/,~__t7~
Nbl;ary Public'
C::;krr:d~ ~~/--
Notary name typed /
Seal/Stamp:
1i2J~2ifmfd.4flJ:rtifl?
December 2, 1994 " 4
'-'
Book:
--:Iage:
......,
3990
1023
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 5 - Commence at the intersection of the South line of U. S.
Lot 6, Section 2, Township 18 South, Range 34 East and the Easterly
R/W line of U. S. Highway No.1; thence North 26041'40" West 140
feet along the said R/W line; thence North 77009'50" East 414.78
feet for the point of beginning; thence North 77009'50" East 93
feet; thence South 12050'10" East 133.03 feet; thence South
77009'50" West 93 feet; thence North 12050'10" West 133.03 feet to
the point of beginning. The Southerly 25 feet of the herein
described property subject to an easement for access.
TOGETHER WITH the right to use the following described easement.
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly R/W
line of U. S. Highway No.1, thence South 89056'40" East 99.09
feet; thence North 77009'50" East 489.62 feet; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64041'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'20" West 448.72 feet; thence South 77009'50 West
487.50 feet; thence North 89056'40" West 118.65 feet to the
Easterly R/W line of U. S. Highway #1; thence South 26041'40" East
55.99 feet along the said Easterly R/W line of U. S. Highway No. 1
to the point of beginning.
(annexation\PalmBreeze.cattafesta)
December 2, 1994 ,
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EXHIBIT "B"
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Art Vll
VOLUSlA COUNTY CODE
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Art. VII
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ft~creaUonal lUea!l (refer lo seclion 81't.OO{e)). (Ord. No: 92.6, ~ XVII
\ ',',
Scl~ols' parochial or prlvate (refer to section 817.00(d)).
Zero ot line resid.ellUal subdivisions (refer to section ~17.00(h)).
Dimensl ~ol Rtqulretnenls:
Minimum ~(. Ii%<<:
Area: 12,bQo square feet.
Wldlh: 100 'r\t.
Minimum yard s~~~ .
Fron~ YArd: 30 fe\L
Hear YArd: 20 percb~ of the deplh of the lol, b t not Jess lhan 20 feet.
Side yard: Il:\
81.39, f X, 11.1 \81)
AbulUng any street: 30 feel.
Waterfront YlUd: 20 I)ereen~of Jot dl! J II but not Jess lllnn 25 feet, or the required
shoreline burrer, whichev~ is gr "ler. (Ord. No. 82.20, .G XIII, 12.9.82; Ord. No.
90.34, G 15, 9.27.90)
. .
:.
Purpose ond.lnlwl: The JlUrpos9 Olul inlcnt of lhe Jt.3 Urblln Slngle.FllJIIUy Itesldenllnl
CJassHicallol1, !s lo provide lJIediUf~l.low.densilY residential developmenh, preserving lhe char.
acler of exIsUng or proposed residential neighborhoods.
Supp. No. 55
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EXIIlBIT "B"
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APPENDOC B-ZONING OItDlNANCE
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Arlo VII
Arl. VII
P,<<rlllilltd Principal Usu cHId Slruclurt: In Lhe It.3 Urban Sillgle.FlUlllly ItesldenLlal
Clas~i{jcaLion, no l~rell1ises shall be used except for Lhe following uses Dnd their custornnry
Dccessory USe! or structures: .
Cluster subdivisions (refer to seclion 820.02) (Ord. No. 90.34, G 16, 9.21.90)
EssenUBl uUlily services. (Onl. No. 84.1, G III. 3.8.M)
Exempt excavaUons (refer to section 817.00(0)) and/or Lhose which comply with arUcle VII(
or the Land DevelOJlmenl Code or VolushfCounty (oppendb: AI and/or finnlsiLe ph",
review procedures orthls onlin:mce. (Ou.l. No. 81.1, G 111,3.8.84; Ord. No. 89.20, G VI.
6.8.89; Ord. No. 90.3", G 16, 9.2'1.90)
Exernp~ landfills (refer to secLlon 817.00(,,)). (Ord. No. 89.20, G VI, 6.8.89; Ord. No. 90.:H,
~ 16, 9.27.90)
Fire stallons. (Ord. No. 92.6, fi XVIII, 6.4.92)
Home occupaUoru, class A (rerer to section 807.00).
Park.'! and recreational o.reBS accessory to residenUo.l development!!.
Public scllo~ls. (Ord. No. 92.6, G XVIII, 6.4.92)
Publicly OWIH!d parks lUld recreational arens. (Ord. No. 92.6, G XVIII, 6.".92)
Publicly owned or regulaLed woLer supply wells. (Ord. No. 92.6, G XVIII, 6.~.92)
Single.flUnlly stondard or manufactured dwelling. (Ord. No. M'J, ~ X, 3.8.B~)
PtrmWtd Sptda~ ExctptiOlu: Additional regulalions/requlrelllents governing permllled
special exceptions are located in sections 817.00 Dnd 1104.00 or Lhls ordinance. (Ord. No. 90.34,
t 16, 9,27.90) ,
AntennlU exceeding 70 feel in height nbove ground level.
Bed lUld brea.kfast homeslny (refer Lo section 017.00(s)). (Ord. No. 90-34, G 16, 9.21.90)
Doy care centers (rerer La section 817.00(1)). (Ord. No. 90.34, ~ la, 9.21.90)
Excnvation!l only for stonnwaLer retention ponds for which a permit h required by lltl!!
ordinance. (Ord. No. M.l, G VII, 3.0.81; O.-d. No. 69.20, ~ VII, 6.8.69)
Garage upartmenLs.
Houses of wouhlp ond cemeteries (rerer to section 811.00(d)).
OCr.street parking areM h efer Lo section 017.00(11)). (Ord. No. 65.2, G I, a.H.B5; Ord. No.
90.34, f 16, 9.21.90)
Public uses not IJsted l\!I a permUted prillclpal use. (Ord. No. 92.6, f XVJH, 6.".92)
Public utility uses o.nd sLttldure!l (rerer to section 817.00(a)). (Ord. No. 84.1, fi Ill, 3.8.a4)
ltecrentiollal o.re9..!l (refer Lo section 817 .00(e)). (Ord. No. 92.6, fi XVIII, 6.4.92)
Schools, parochial or privato (refer Lo sectlon 811.00(d)).
Zero lo~ line rcsidential sub1ivisloll9 (refer Lo section 817.00(h)).
Dimensiollol Requircmfllb:
Minimum 101 ,iu:
'Arell!.10,OOO squo.re feet
Width: 85 feel.
. Minimum :yard ,ue:
Front yard: 30 feet.
Rear yard: 20 percen~ or lhe depLh or the lot but not Ius lhon 20 feet
Supp. No. 85
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~ane M. Matousek
Volusia County, Clerk of, Court
EXIIIBIT "B"
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Art. VII
VOLUSrA COUNTY CODE
Art. VII
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Side yuet, ' . .
. AbuLlfng any lot: 20 feet combineu, minimum or 8 feet on anyone side. (Ord. No.
81.39, G Xl, 11.19,01)
~buLUng any sLreet: 30 feet.
Walerfron~ y:ml: 20 percent or)o~ deplh but not leu lhan 25 feet, or the ,required
shoreline burfer, whichever Is greater. (Ortl. No. 82.20,fi Xl1l, 12.9.82j ,Ord. No.
90.34, ~ 16, 9.27.90J
.'
].{cuimum building Itdgltl: 35 feet.
Maximum 101 COVfrcJge: 'fhe lol~ lol nrea. covered wllh principal and necessary building!!
shall not !!:<ceed 35 percent
Minimum floor ,!-rea.: 1,000 squill!! feel. (Ord. No. 81.39, G Xl, 11.19-81)
O({SI"'/ Parl<ing and Loading Jl'quir",,,"l" Orr.,lrool parking and loading oro" moollng
Ihe requlr"nenl. of .ecllon. 810.00 ond 811.00 ,hall be con,lrudod. lOrd. Na. 90.3~, S 16,
9.21.90)
Typu of Signs Pernallltd:
Ground sign!! (rdor Lo section 822.00 el seg, for addHlonol regulaUoI1!l). (Ord. No. 86.16, G
IX, 10.23.86) , ,
ProJecUng sign!! (refer Lo seclion 822.00 el seq. for nddlllonal regulaUonsJ. (Ord. No. 86.16,
i IX, 10.23.86) "
Temporary sigilli (refer Lo section 822.00 et seq. for addilionol regulaUons). (Ord. No.
66.16, G IX, 10.23.86)
It." UHBAN SINGLE.FAMILY
.
ItESlDENTlAL ClJ\SSIFICATION
purpOJ<< olld Il11tlll: The purpose nnd Inlent of lhe 1t.4 Urban Slngle.Fomlly Resldenllal
ClassUicollol1 I!! Lo provide medium.density tesluentlnl dovelopmenl!l, pre!letvlng lhe chor.
acter of exIsUng or proposed residenllal neighborhoods. .
PtrmWed Principol Us<<s cJnd SIruclures: In lhe }t." Urban Slngle.Fronlly Residential
Clo~~lricnllon, n~ premises shall be u'sed exc.cpl for the following uses and their cusLomory
necessory uses or structures: '
Cluster subdivision!. (refer Lo seelion 620.02). (Ord. No. 90.34, G 17,9.27.90)
EssenUol uUlily services. (Ord. No. 01.1, ~ III, 3.0.M) .
Exempt excllvallo.u (rerer lo section B 1'1.00(0)J OJal/or those \vhlch cOlJlply wilh nrUde V III
or tho LlllHJ DeveloJllllent COlle or Volu!'llll County (oppemll.x AI nm]Jor IInM slle ploll
review I'roceuure!l or lhill o.cl.imlJlce, (Onl. No. M-l, g HI, 3.8-84j Ord. No. 89.20, g VI,
6.8-89; Ord. No. 90.34, fi 1'1,9.2'1.90) I
Exempt lroldrUls (refer to section B 17 .00(p)J. (On.1. No. 89.20, ~ VI, 6.8.89; Ord. No. 90.3.1,
t 17, 9;21.90)
Fire !itallons. (Ord. No. 92.6, G XIX, 6.4.92)
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034198
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03/15/1995 10:30
....1strument # 95034199
",.(.ook: 3990
Page: 1.027
ANNEXATION AGREEMENT
THIS AGREEMENT ~made and entered into this
~l c'i/1 dL., 199 by and between, the CITY OF EDGEWATER,
/
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
&-J;I....-/ day of
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
DAVID L. and LORRAINE L. CEVASCO, 105 Palm Breeze Drive, Edgewater,
Florida 32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is two
commercial parcels of approximately .23 acres each located on Palm
Breeze Drive. There is a single-family residence on Parcel Number
3. Parcel Number 4 is vacant. The property is more specifically
described in the legal description which is attached hereto and
incorporated by reference as Exhibit A.
2. PERMITTED USES
Parcel 3 and approximately one half of Parcel 4 is currently
zoned B-9 (Commercial) by Volusia County. The other half of Parcel
4 is zoned R-3 (Residential) by Volusia County. Attached hereto
and incorporated by reference as Exhibit B is a list of the
permitted uses and the restrictions and densities which will be
applicable to further development of the property until such time
as the City amends its comprehensive plan to recognize the
incorporation of the property.
Any new development wi thin the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\palmBreeze.cevasco)
December 2, 1994
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EXHIBIT "T"
TO ORDINANCE #94-0-24
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3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability.
The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances.
Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6 . AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7 . STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control.
However, all other applicable City
ordinances in effect at the time of execution of this Agreement
(annexation\PalmBreeze.cevasco)
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continue to apply. Further, the failure of this Agreement to
address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8 . APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager.
If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\palmBreeze.cevasco)
December 2, 1994 "
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
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Susan. . .wadsworth
('\ . '. ~
C;i. by'""' Clerk?
r-~
Dated: 3/JtJ /15
APPROVEcl F~ FORM
AND CORRECTNESS:
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witnessed by:
OWNER:
~.&ftg'~
wfP/L/~? &~/~
wi ness named typed
~:;/ X~~
David L. Cevasco
%~~~
f1//~/~.2 2?~45"
Witness named typed
"~~\l'\ I'Q-.'~\ Q ~. ~UCt.[) ( tC)
Lorra1ne L. Cevasco
~- -
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STATE OF
COUNTY OF ~
t' J',The foregoinR instrument was acknowledged before me this
J~ day of ~~ , 1994, by DAVID L. CEVASCO
and LORRAINE L. CEVASCO, his wife, who are personally known to me
or who has produce~ as
identification and who did (did not) take an oath.
~~
Not: ry lic
D~-/l"1 /l.{/-tfU(J~
Notary name type
"'"'''''''' - BETTYA.l:iROOKS
....~,..,.... J.I~"..
i:'fA;..... "f:~ MY COMMISSION' CC 322206
i~. .~g EXPIRES: November 18. 1997
'-':'~ 0" ",1(./ Bonded Thru Nolary Public lJnlI8l'MI\Il'll
"fltlll.'
~e,al/St_amp:s_...;.;. ,,;.,:....;..
(annexation\palmBreeze.cevasco)
December 2, 1994 \,
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EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Government Lot 6, section 2, Township 18 South,
Range 34 East, Volusia County, Florida, being more particularly
described as follows:
PARCEL #3: Commence at the intersection of the South line of U.
S. Lot 6, Section 2, Township 18 South, Range 34 East and the
Easterly Right-of-Way line of U. S. Highway No.1; thence North
26041'40" West 140 feet along the said Right-of-Way line; thence
North 77009'50" East 321.78 feet for the Point of Beginning; thence
North 77009'50" East 93 feet; thence South 12050'10" East 133.03
feet; thence South 77009'50" West 93 feet; thence North 12050'10"
West 133.03 feet to the Point of Beginning.
Together with the right of use of the following described easement.
Beginning at the intersection of the South line of U. S. Lot 6,
Section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
99.09 feet; thence North 77009'50" East 489.62 feet; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6, thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64040'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'50" West 448.72 feet; thence South 77009'50"
West 487.50 feet; thence North 89056'40" West 118.65 feet to the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
26041'40" East 35.99 feet along the said Easterly Right-of-Way line
of U. S. Highway No. 1 to the Point of Beginning. All lying and
being in Township 18 South, Range 34 East.
PARCEL #4: Commence at the intersection of the South line of U.
S. Lot 6, section 2, Township 18 South, Range 34 East and the
Easterly Right-of-Way line of U. S. Highway No.1; thence North
26041'40" West 140 feet along the said Right-of-Way line; thence
North 77009'50" East 321.78 feet for the Point of Beginning; thence
North 77009'50" East 93 feet; thence South 12050'10" East 133.03
feet; thence South 77009'50" West 93 feet; thence North 12050'10"
West 133.03 feet to the Point of Beginning.
Together with the right of use of the following described easement.
Beginning at the intersection of the South line of U. S. Lot 6,
section 2, Township 18 South, Range 34 East and the Easterly Right-
of-Way line of U. S. Highway No.1; thence South 89056'40" East
99.09 feet; thence North 77009'50" East 489.62 feet; thence North
85012'50" East 463.92 feet; thence South 25018'40" East 164.21 feet
to the South line of said U. S. Lot 6; thence South 89056'40" East
17.29 feet along the South line of said U. S. Lot 6; thence North
64041'20" East 34.38 feet; thence North 25018'40" West 360 feet;
thence North 64040'20" East 174.62 feet; thence North 25018'40"
West 36.55 feet; thence South 64041'20" West 209 feet; thence South
77009'50" West 16 feet; thence South 25018'40" East 175 feet;
thence South 85012'50" West 448.72 feet; thence South 77009'50"
West 487.50 feet; thence North 89056'40" West 118.65 feet to the
Easterly Right-of-Way line of U. S. Highway No.1; thence South
26041'40" East 35.99 feet along the said Easterly Right-of-Way line
of U. S. Highway No. 1 to the Point of Beginning. All lying and
being in Township 18 South, Range 34 East.
(annexation\palmBreeze.cevasco)
December 2, 1994 "
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EXHIBIT "B"
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Art VII
VOLUSIA COUNTY CODE
Art VB
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Recreational areas (refer to seclion 817.00(c)). (Ord. No: 92.6, ~ XVII 6.4-92)
\ "
Sc ools, parocllral or private (refer Lo section 817.00(d)).
Zero ol line residential subdivisions (refer Lo section 817.00(h)).
Dimen$l <\al Requiremenl$:
Minimum ~c... size:
Area: 12,5QO square feet.
Width: 100 'r\.t.
Minimum yard s~~,\
Front yard: 30 Ce'\t
Rear yard: 20 perc\~Of the depth of the lol, b l not less than 20 feet
Side yard: ., 1
Abutting any lot: Q Ceel cOI~bined'Zir (mum of 8 feel on anyone side. (Ord. No.
81-39, ~ X, 1l.ig~1)
AbuUing any street: 30 feet
Waterfront yard: 20 percen~of lol de h but nolless Lhan 25 feel, or the required
shoreline burfer, whichev~ is lfl: aLer. (Ord. No. 82.20, .~ XIII, 12.9.82; Ord. No.
90.34, ~ 15, 9.27.90)
Maximum buildinl h,i,M: 35 fee!.' ~ ...
M~~~~~'~:: ::~::~';~ T~::c!:,:~ I area c \ed wi!h pri?cipal and occessory~UUding,
Minimum floor area: 1,200 s are feet. (Ord. No. 81.39, ~ X, 11-19.81)
Off-SI"'! Porkinl ond Loud: _I R,quirtm,nlS: o~\ree! parking and loading area. meeUng
the requirements of sections 10.00 nnd 611.00 shall be constructed. (Ord. No. 90-34, ~ 15,
9.27.90)" \
Ground signs (re~ to section 822.00 el seq. for addilion~regulalions). (Ord. No. 86-16, ~
IX, 10-23.66 .' \
Projecting si (refer La sedion 822.00 el seq. for additional T\gulalions). (Ord. No. 86.16,
G IX, 10- 3.86) ,
TemporlllY signs (ref.. to secUon 822.00 e! seq. for oddiUo~ reg,doUon,). (Ord. No.
86.1 . ~ IX, 10.23.86) I \.
':,~."~-~;URBAN ~JJ!9~~~~L~Y
RESIDENTIAL CLASSIFICATION
purpose and,Inltml: The purpose and intenl of the R-3 Urban Single-Family Residenlial
Classification, is to provide medium. low-density residenLial developments, preserving the char.
. .
aclcr or existing or proposed residential neighborhoods.
Supp. No. 65
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EXHIBIT "B"
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Art. Vll
APPENDIX B-ZONING ORDINANCE
Art. VlI
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P<<rmitted Principal Uses and Structure: In lhe R.3 Urban Single.Family Residenllal
Classification, no '~remises shall be used except for the following uses and lheir customary
accessory uses or structures: '
Cluster subdivisions (refer to seclion 828.02) (Ord. No. 90.34, ~ 16, 9.27.90)
Essential utility services. (Onl. No. 84.1, ~ Ill, 3.8.84)
Exempt excavations (refer lo section 817.00(0)) and/or those which comply with article VlII
oC the Land Developmenl Code of Volusia'County [appendL'( A) and/or final sHe plan
review procedures oC this ordinance. (Ord. No. 81-1, ~ 111, 3-8.84; Ord. No. 89.20, ~ VI,
6.8-89; Ord. No. 90.34, ~ 16, 9.27.90)
Exempt landrills (refer to section 817.00(p)). (Ord. No. 89.20, ~ VI, 6.8-89; Ord. No. 90.34,
~ 16, 9.27.90)
Fire stations. (Ord. No. 92.6, ~ XVIII, 6.4.92)
Home occupations, class A (refer to section 807.00).
Parks and recreational areas accessory to residential developments.
Public schools. (Ord. No. 92.6, ~ XVIII, 6-4.92)
Publicly owned parks and recreational areas. (Ord. No. 92.6, ~ XVIII, 6-4-92)
Publicly owned or regulaled waler supply wells. (Ord. No. 92.6, ~ XVIII, 6-4.92)
Single.family standard or manufaclured dwelling. (Ord. No. 81',1, ~ X, 3.8.84)
Permitted Special Exceptions: Additional regulations/requirements governing permilled
special exceptions are located in seclions 817.00 and 1104.00 of this ordinance. (Ord. No. 90.34,
:' ~':\ ~ 16,9.27.90) .
:. ,'. Antennas exceeding 70 feel in heighl above ground level.
Bed and breakfast homestay (refer to sedion 817.00(s)). (Ord. No. 90-34, ~ 16, 9.27.90)
Day care cenlers (refer to section 817.00(0). (Ord. No. 90.34, ~ 16, 9.27-90)
Excavations only for slormwater retention ponds for which a permil is required by this
ordinance. (Ord. No. 84.1, ~ VlJ, 3.8.84; Ord. No. 89-20, ~ VII, 6.8.89)
Garage apartments.
Houses oC worship and cemeteries (refer to section 817.00(d)).
Orr.street parking areas (reCer lo section 817.00(n)). (Ord. No. 85.2, ~ I, 3.14.85; Ord. No.
90.34, ~ 16, 9-27.90)
Public uses not listed as a permitted principal use. (Ord. No. 92.6, ~ XVIII, 6.4-92)
Public utility uses and strucrures (refer to section 817.00(a)). (Ord. No. 84.1, ~ 111, 3-8.84)
Recreational BIeas (refer lo section 817.00(c)). (Ord. No. 92.6, ~ XVIII, 6-4.92)
Schools, parochial or private (refer to sedion 817.00(d)).
Zero lot line residential subdivisions (refer lo section 817.00(h)).
Dimensional Requirements:
Minimum lot size:
'Area.:.l0,000 square feet
Width: 85 feet.
i: 'J
...-"
Minimum yard size:
Front yard: 30 reet.
Rear yard: 20 percent of the depth oC lhe lot but not leu than 20 feet.
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Art VII
VOLUSIA COUNTY CODE
Art VII
.'
Side yard, .
. Abulting any lot: 20 feet combined, minimum of 8 feet on anyone side. (Ord. No.
81.39, ~ Xl, 11.19.81)
I;'-bulling any street: 30 [eet.
Walerfront yard: 20 percent or lot deplh bul nol less lhan 25 feel, or lhe .required
shoreline buffer, whichever is grealer. (Ord. No. 62.20, .~ XlII, 12.9.82; .Ord. No.
90.34, ~ 16, 9.27-90)
Maximum building height: 35 feel.
Maximum lot coverage: The lol~ lot area covered wilh principal and nccessory buildingg
shall not exceed 35 percent.
Minimum floor C!-rea: 1,000 square Ceet. (Ord. No. 81-39, ~ Xl, 11.19-81)
orrStrt!.1!l Parl:ing and Loading Rt!.quirentt!llts: Orr.slreel parking BJld loading areas meeling
lhe requiremenls of sections 810.00 and 811.00 shall be conslrucled. (Ord. No. 90.34, ~ 16,
9.27.90)
TYP(!$ of Signs Permitted:
Ground signs (refer lo seelion 822.00 et seq. for additional regulations). (Ord. No. 86.16, ~
IX, 10.23-86)
Projeeling signs (refer lo seelion 822.00 et seq. for addilional regulalions). (Ord. No. 86-16,
~ IX, 10.23.86)
Temporary signs (refer lo seelion 822.00 et seq. for additional regulations). (Ord. No.
86.16, ~ IX, 10.23.86)
R-4 URBAN SINGLE.FAMILY
.
RESIDENTIAL CLASSIFICATION
Purpose and Intent: The purpose and intent oC lhe R.4 Urban Single.Family Residenlial
Classificntion is lo provide medium-density residential developmenls, preserving the char.
acler of existing or proposed residential neighborhoods. '
Permitted Principal Uses and Structures: In lhe R.4 Urban Single.Family Residential
Clossiricolion, n~ premises shall be u'sed exc.ept for lhe following uses and lheir cuslomory
accessory uses or structures:
Clusler subdivisions. (reCer lo seclion 828.02). (Ord. No. 90.34, ~ 17, 9.27.90)
Essential ulilily services. (Ord. No. 84.1, ~ III, 3.8.84) .
Exempt excavations (reCer Lo seclion 817.00(0)) nnd/or lhose which comply wilh arUcle VIII
or lhe Land Development Code orVolusia County [appendix AJ 9.J1d!or final sile plan
review procedures ofthis ordinance. (Ord. No. 81-1, ~ III, 3.8.84; Ord. No. 89.20, ~ VI,
6.8-89; Ord. No. 90.34, ~ 17, 9.27-90)
Exe~pt landn.1ls (reCer Lo section 817.00(p)). (Ord. No: 89.20, ~ VI, 6.8.89; Ord. No. 90.3.i,
~ 17, 9:27-90)
Fire slallons. (Ord. No. 92.6, ~ XIX, 6-4.92)
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Art. VII
APPENDIX B-ZONING ORDINANCE
Art. VII
~"'.-;"~
)
..
B-9 GENERAL OFFICE CLAS'SIFICATION.
Purpose and Intent: The purpose and intent of the B-9 classification is to provide areas for
general office use. It is intended that this classification apply to suitable properties which are
situated in urban areas to provide a transitional area between residential development and
more intensive land uses.
{?:~)
I"~"
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Permitted Principal Uses and Structures: In the B-9 General Office classification, no
premises shall be used except for the following uses and their customary accessory uses or
structures:
Essential utility servlces.
Exempt excavations (refer to section 817.00(0)) and/or those which comply with article VIII
of the land development code ,of Volusia County [appendix A] and/or final site plan
review procedures of this ordinance. (Ord. No. 90-34, ~ 38, 9-27-90)
Exempt landnIls (refer to section 817.00(p)). (Ord. No. 90.34, ~ 38, 9.27.90)
Financial institutions.
Fire stations. (Ord. No. 92-6, ~ XL, 6.4.92)
General offices.
Government-sponsored civic centers. (Ord. No. 92-6, ~ XLI, 6-4.92)
Libraries. (Ord. No. 92-6, ~ XLI, 6.4-92)
Public schools. (Ord. No. 92-6, ~ XLI, 6-4-92)
Publicly owned parks and recreational areas. (Ord. No. 92-6, ~ XLI, 6-4-92)
Publicly owned or regulated water supply wells. (Ord. No. 92-6, ~ XLI, 6-4-92)
Permitted Special Exceptions: Additional regulations/requirements governing permitted
special exceptions are located in sections 817.00 and 1104.00 ofthjs ordinance. (Ord. No. 90.34,
~ 38, 9-27.90)
Antennas exceeding 70 feet in height above ground level.
Houses of worship and cemeteries (refer to section 817.00(d)).
Nonexempt excavations (refer to section 817.00)(0). (Ord. No. 90-34, ~ 38, 9-27.90)
ProCessional or trade schools related to permitted uses (refer to section 817.00(b)).
Public uses not listed as a permitted principal use.
Public utility uses and structures (refer to section 817.00(a)).
Dimensional Requirements:
Minimum project size:
Area: 20,000 square fect.
Width: 100 feet.
Minimum yard size:
Front yard: 35 feet.
I
Rear yard: 20 feet, unless abutting a residential classification, then 35 feet
.Editor's note-The B-9 district 'was added by ~ XIV of Ord. No. 89.20, adopted June 8,
1989.
u
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Art. VII
VOLUSIA COUNTY CODE
Art. VII
Side yard: Abutting any lot, 10 feet, unless abutting a residential zoning classification
or a street, then 35 feet.
Waterfront yard: 25 feet, or the required shoreline buffer, whichever is greater. (Ord.
No. 90-34, ~ 38, 9-27-90)
Maximum building height: 35 feet.
Maximum lot coverage: The total lot area covered with principal and accessory buildings
shall not exceed 35 percent..:
Off-Street Parking and Loading Requirements: Orr-street park ing and loading areas meeting
the requirements of section 810.00 shall be constructed. (Ord. No. 90.34, ~ 38, 9.27.90)
Landscape Buffer Requirements: A landscaped buffer area meeting the requirements of
section 808.00 shall be constructed.
Final Site Pl~n Requirements: A final site plan meeting the requirements of article 111 of
the Land Development Code of Vol usia County [appendbc. A] is required.
Types of Signs Permitted:
Ground signs (refer to section 822.00 et seq. for additional regulations).
Temporary signs (refer to section 822.00 et seq. for additional regulations).
Wall signs (refer to section 822.00 et seq. for additional regulations).
BPUD BUSINESS PLANNED UNIT DEVELOPMENT'"
[REPEALED]
1.1 LIGHT INDUSTRIAL CLASSIFICATIONt
"
,;
, "
Purpose and Intent: he purpose and intent of the I-I Light Indust98 Classification is to
provide sufficient space in 8~ropriate locations for industrial oBPtalions engaged in the
fabricating, repair or storage of,~anuractured goods of such a n (u're that objectionable by-
products of the activity {such as odo~;smoke, dust, refuse, elec o.magnetic interference, noise
in excess of that customary to loading, ~rtlg~ding and hand' g of goods and materials) arc not
nuisances beyond the lot on which the facility~.s loc~. ,
Permitted Principal Uses and Structures. In He I-I Light Industrial Classification, no
premises shall be used except for the followin . dus~~ses and their customary accessory
uses or structures: ~
.Editor's note-The BPUD reg\)l lions were added by ~ XIl fOrd. No. 85.24, adopted
Oct. 10, 1985, amended bY7he fol ,,(ving:
Ord. No. ' Date -Section Ord. No. Section
86-16 10.23;.8. X, XIII 88-2 1-19-88 V
87-14 9~~.87 VB 89-20 6- 8-89 VI, XVI
and repealed by ~44 of Ord. No. 90-34, adopted Sept. 27, 1990. See now the PUD re lations
of this artic!9/ '"
tE~tdi-'s note-Uses deleted from the 1.1 classification were derived from'the foll~ing
ordinartces: Ord. No. 81-1, ~ I, adopted Jan. 15, 1981, and Ord. No. 84-1, ~ XXVI, adopted M~}O"
JV1~84.
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~._~::~....'---::r'-':~. ~ .-----:..
,. 'I ----;'\'.',~' :;. ...~. .
".0 .
~ 822.00
APPENDIX B-ZONING ORDINANCE
~ 823.00
.'~
,
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. (5) Temporary banner signs erected in accordance with this section shall zot exc ~
. 30 square feet in copy area.,
(b) '. ~. ersion of temporary sign into permane;lt signs: Temporary signs (i~ ai~g pore
tabl igns) may be converted into permanent signs to be used=or a f purpose per.
mitted this ordinance in accordance with the following requir ents:
(1) All re lations contained in this 'ordinance applying to ecti~n of new perma.
nent sign shall apply to conversion of signs, includin all permit requirements.
(2) All exposed tailer frames, legs, service walkways tc., shall be removed. (Ord.
No. 86.16, ~ , 10-23.86; Ord. No. 90.34, 87, 9.27.90; Ord. No. 91-11, ~
XXV, 5..16.91)
822.12. Shielding: The sourc o.f illumination fron ,,?y sign shall be shielded in order to
prevent a direct beam of light from ~illing onto a s eet?r a re~idential single.family, two.
family, or multifamily dwelling. (Ord. o. 86.16, IV, 10.23.86)
822.13. Sign Permit Application and n er: It shall be unlawful to erect a sign greater
than 16 square feet in copy area unless exe.?' ted under section 822.01 without first applying
for a sign permit from the planning and z lling epartment. Upon approval of the sign permit
application by the zoning enforcement ficial, a Sl 1 permit number shall be issued. Said sign
permit application and number shall e forwarded l {he department of development and code
admi!1istration for issuance of a ilding permit if). quired and payment of the building
permit fees. The permit number hall be afflxed to the ower right.hand corner of the sign.
(Ord. No. 86.16, ~ X?CXN, 10. .86; Ord. No. 90;~4, ~ 88, -27.90)
822..14. Sign Permit Re ewal Fees. Except as otherwise ovided in this ordinance, a sign
permit shall be valid for years from the date of issuance. Th earter, a sign permit may be
\
reissued for the same 'gn for each successive biennial period ~n. payment of the permit
renewal fee and late ee, if the permit was not renewed prior to 'ts expiration. It shall be
unlawf~l to maint' any sign without an original or renew~d sign p ~m!t. The reissuance of
a permit does no waive any other requirements of this ordinance. I~s the intent of this
provision that e zoning enforcement official may inspect signs subject to't Ie permit renewal
fee in order to scertain if any changes have been made to the sign since issua ce of the permit,
or renewal t ereof, so as to ensure continued compliance with this ordirlance. ( rd. No. 86.16,
~ XXXIV, 0.23.86; Ord. No. 90.34, * 89, 9.27-90; Ol'd. No. 92-6, ~ LXVI}I, 6.4. 2) .
82 5. Nonconforming Signs: All nonconforming signs shall only be \ade \qmfOrm
\vith is ordinance when structurally altered, or when said signs are destroyed 'or ~am~cd by
wi , fire, or other menns to the extent of 60 percent or more of their replacement vl\lue.<,?rd.
o~ 86.16, ~ XXXN, 10.23.86) ~.\
. . .
, ,
G
Sec. 823.00. Indian River Lagoon Surface Water Improvements and Management
Overlay Zone.
Purpose, Intent and Boundaries:
The purpose' of this section is to provide regulations to protect and improve the water
quality of the Indian River Lagoon. This water body contains waters designated as class
Supp. No. 65
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~ 823.00
VOLUSIA COUNTY CODE '
~ 823.00
.
II by the Florida Department of Environmental Regulation in accordance with rule 17.
3.161, Florida Administrative Code, and the only waters in Volusia County designated for
specialprotection by Florida legislation pursuant to the Surface Water Improvement and
Management Act (SWIM). Additionally, these waters have been designated as an "estuary
of national significance" by the U.S. Environmental Protection Agency. Said class II
designation authorizes shellfish propagation and harvesting. Said water quality criteria
applicable to this class are designed to maintain the minimum conditions necessary to
assure the suitability of water for the designated use of the classification. The regulations
in this se~tion are designed to reduce the negative impacts of development adjacent to the
Indian River Lagoon and protect this vital natural resource and the shellfish harvesting
industry in this area.
Notwithstanding any other provisions of this ordinance to the contrary, these regu-
lations are supplementary the.r.eto.
An overlay zone is hereby established and the regulations hereinafter provided shall
apply in said zone and all zoning classifications established in article VII of this ordinance.
The official zoning map shall identify the overlay zone by adding the letter "W" as a suffix
to the zoning classifications within the boundaries of said overlay zone.
Said boundaries of the zone are as follows: That portion of the unincorporated area of
Volusia County, Florida, bounded on the north by the southern city limits of the City of
Ne~ Smyrn~ Beach; on the east by the Atlantic Ocean; on the west by U.S. Highway # 1
and on the south by the Brevard County line. (Ord. No. 87-14, ~ XXIV, 6.18-87; Ord. No.
90-34, ~ 90, 9.27-90; Ord. 92-6, ~ LXIX, 6-4-92)
:.-, :)
823.01. Wetlands Preseroation:
(a) Performance standards: No more than 10 percent of the wetlands upon any lot which
is within the landward extent of the surface water of the state shall be disturbed,
whether filled, cleared or otherwise altered.
(b) All wetlands occurring within this overlay zone shall be preserved and mitigated in
accordance with article XI of the land development code [appendix A).
(c) Wetlands protection buffer:
A wetlands protection buffer shall be established for a distance of 2~ feet
laterally upland from the upland limit of any wetland.
The wetlands protection buffer shall include canopy, understory and ground
cover which consist of preserved existing vegetation or planted native species.
This wetland protection butTer takes precedence over the shoreline protection
buffer and therefore will meet or exceed the requirements of the shoreline pro-
tection buffer section, Ho\vever, said buffer shall be considered a pprtion of the
required minimum yard. (Oed. No. 87-14, ~ XXIV, 6-18-87; Ord. No. 90-34, ~ 91,
9~27.90; Ord. 92-6, ~ LXX, 6.4.92)
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~ 823.00
APPENDIX B-ZONING ORDINANCE
~ 823.00
823.02. Shoreline Protection:
(a) Hardening of shoreline:
The construclion of vertical seawalls and bulkheads shall be allowed adja.
cent to artificial waterways in existence prior to June 18, 1987, provided that the
design of said seawalls and bulkheads prevents the runoff of stormwater into
artificial waterway. A stormwater management plan is required.
Vertical seawalls and bulkheads arc prohibited adjacent to all other water-
courses or water bodies except as may be waived by the county council. Hard.
ening of the estuarine shoreline shall be allowed only when erosion is causing a
sedous significant threat to life or property.
Other shoreline stabilization methods may be used in lieu of vertical sea-
walls and bulklleads when hardening of the shorelines is approved.
(b)' Shoreltntr buffer~ A shoreline protection buffer shall be established for a distance
extending 50 feet laterally upland from the mean high.water line. Within the buffer
zone, no development shall be permitted except for an allowance for reasonable ac.
cess. See subsection (c)' below.
(c) Reasonable access to water:
!) :.':.~.
... .
No more than 20 percent or 25 feet, whichever is greater, of the shoreline
within property boundaries may be altered for reasonable access. The remainder
of the shoreline shall be maintained in unaltered native vegetation.
Reasonable access may include docks, boat ramps, pervious walkways and
elevated walkways which provide the property owner with reasonable access to
the water.
All portions of the shoreline which contain well and vegetation are subject to
the welland~ protection requirements.
Cd) Impervious surface: No more than 30 percent impervious surface shall be allowed
within 100 feet of the mean high.water line. (Ord. N~. 87.14, ~ XXN, 6.18-87; Ord.
No. 89.20, ~ XLVI, 6-8-89)
823.03. Landscaping: Notwithstanding any other provision of this ordinance to the con.
trary, all development shall contain a minimum of 35 percent open space within property
boundaries, landscaped 'with existing native vegetation which is indigenous to this area or
planted native species, in accordance to n list of acceptable species available in the planning
and zoning office. (Ord. No. 87.14, ~ XXIV, 6-18.87; Ord. No. 90.34, ~ 92, 9.27-90)
,
,
i .
'"-'
823.04. Storm water Controls: Notwithstanding the provisions of article VIII of the land
development code [appendix A) individual single-family and duplex residential dwellings or
additions thereto and/or accessory structures containing a total of 250 square feet in size or
more, not previously included in a stormwater management plan, shall provide a volume of
retention equivalent to one-half inch of depth over the ,entire site or lot. Prior to the issuance
of a building permit, an appl~cation on a form prepare? by the county engineer shall be
Supp. No. 65
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§ 823.00
VOLUSIA COUNTS' CODE § 823.00
submitted to the engineer for review. Said engineer may approve, modify or deny the appli-
cation. Appeals of denial by the county engineer shall follow the procedure for an appeal of the
zoning enforcement official under article X of this ordinance. The county council by resolution
may establish the fee for this application. (Ord. No. 87.14, § XX[V, 6.18.87; Ord. No. 88.2, §
X=, 1.19-88; Ord. No. 89.20, § XLVH, 6.8-89; Ord. No. 90.34, § 93, 9-27-90)
823.05. Wastewater Treatment Plants and On -Site Waste Disposal Systems:
(a) Package wastewater treatment plants may be permitted if the plant is designed to be
transformed into a pump station when public central wastewater facilities are avail-
able in the area, provided that said availability is to be not more than 10 years distant
from issuance of development order. Said package plants are to be dedicated to the
entity to be responsible for providing central regional service and are to be can.
structed to the requirements specified by said entity.
(b) Septic tanks, if permitted for new single-family lots shall be located in compliance
with chapter 10D-6 of the Florida Administrative Code. The septic tank system shall
be designed to connect to a central sewer line when central sewer services become
available. The septic tank system and drainfield shall be as far removed as possible
from the shoreline of a class 11 water body or its tributaries.
(c) For that portion of the barrier island falling within the overlay zone, aerobic waste.
water treatment units or alternative systems approved by the health department
shall be required, until such time as central sewer service becomes available, on lots
that we either within 200 feet of the shoreline of Mosquito Lagoon or consist of one
of the following soils: Canaveral sand, Cassia line sand, or Hydraquents.
For that portion of the mainland, east of U.S. 1, which is within the overlay
zone, aerobic wastewater treatment units or alternative systems approved by the
health department shell be required on lots that are located within 200 feet of the
shoreline of Mosquito Lagoon. These on -site waste disposal systems we required
for lots which are in excess of 200 feet from the shoreline of Mosquito Lagoon
provided that said lots have less than 10,000 square feet of was and consist of any
one or more of the following soils:
Canaveral sand
Cassia fine sand
Hydraquents
Myakka fine sand
Quartzippamments
Turnbull muck
Turnbull variant sand
Pompano -Placid complex
Myakka variant fine sand
Placid fine sand, depressional
Basinger fine sand, depressional
Sapp. No. 65 196
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lane M. Matousek
Volusia County, Clerk of Court
EXHIBIT "B"
§ 823.00 APPENDIX B—ZONING ORDINANCE $ 824.00
Immokalee sand
Myakka - St. Johns complex
Immokales sand, depressional
Tuscawilla send
Pompano fine sand
Riveria fine send
Wabasso fine sand
Chobee fine sand '
Any transitional soil with a seasonal high-water table within 12 inches of the soil
surface
(d) On -site waste disposal systems are not permitted where connection to a central system
of wastewater collection and treatment is available.
A municipal, county -owned, or investor -owned sewerage system shall be deemed avail-
able for connection if all of the following requirements are met:
The system is not under a Florida Department of Environmental Regulation
moratorium;
For estimated sewage flows of 600 or less gallons per day, a sewerage system
shall be considered available if a sewer line exists in a public easement or right-
of-way which abuts the property, and if gravity flow can be maintained from the
building drain to the sewer line.
For estimated sewage flows exceeding 600 gallons per day, a sewerage system
shall be considered available if a sewer line, force main, or lift station exists in a
public easement or right-of-way which abuts the property or is within 100 feet of
the property.
The sewerage system has adequate hydraulic capacity (i.e., complies with the
county's adopted level of service standard) to accept the quantity of sewage to be
generated by the proposed development. (Ord. No. 87.14, § XXIV, 6.18.87; Ord.
No. 89.20, § XLVII, 6.8.89; Ord. No. 90.34, § 94, 9.27.90)
823.06. Reduction of Shoreline Buffer: Platted single-family lots in existence on the ef.
fective date of this amendment may apply a 10 percent reduction to the shoreline buffer. (Ord.
No. 87.14, § XXIV, 6-18.87; Ord. No. 89-20, § XLIX, 6.8.89)
823.07. Removal of Vegetation: The removal or stripping of native vegetative cover from
a vacant lot is prohibited unless said action is performed in conjunction with file development
of the building premises in a manner consistent with an approved development order or
building permit; or upon authorization of the zoning enforcement official for minor land-
scaping projects. (Ord. No. 90.34, § 95, 9-27-90; Ord. No, 91.11, § XXVIII, 6.16.91)
i'
Sec, 2d:00— atural resource management nren.
Purpose and Intent: Thi purpose of —this section is to provlds-regulations to"man"age end
enhance those lands and iviters which, because of past development trends and physiographic
Supp. No. 65 197
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03/15/19.95, 1031
istrument #'95034'H10 4 x % M1
.look a 3990 :.
Paea_ 1042
ANNEXATION AGREEMENT
THIS AGREEMENT ma�a and entered into this day of
19; by and between, the CITY OF EDGEWATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
THERESA A. WARNOCK, a single woman, 128 Palm Breeze Drive,
Edgewater, Florida 32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .33 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2. PERMITTED USES
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexation\PalmBreeze.Warnock)
December 1, 1994 . 1
EXHIBIT "U"
TO ORDINANCE #94-0-24
Book_ 3990
gage- 1043
3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months or notice of l,a
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-.
12 and 19-42, Edgewater Code of Ordinances. Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the best interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement.. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6. AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7. STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control. However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\PfllmHreeze.warnock)
December 1, 1994 \ 2
Book: 3990
image: 1044
address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8. APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager. If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9.
BINDING EFFECT
All
of the terms and provisions
of this
Agreement,
shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida.
(annexation\Palmszeeze.Warnock)
December 1, 1994 , 3
nook: 3990
aae: 1045
IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
usan J-- Wadsworth
City Fi6DL'
ri
Witnessed by:
/�✓,:&� C�/�/
Williarm C_ Vnla
Witness aamed typed
STATE OF Florida
COUNTY OFyo usia
CITY COUNCIL OF THE
CITY OF, EDGEWATER, FLORIDA
By:
Dated:
APPROVED FOR FORK
AND CORRECTNESS:
�tista A.Storey
City Attorney
Theresa A. Warnock
The
foregoing instrument was acknowledged before
me this
1st day
of December
, 1994, by THERESA A.
WARNOCK,
a single
woman, who is personally
known to me or who has
produced
y S.(� me
rt �t W la5d•C�AI !3 'Y
O as identification and who did
(did not)
take an oath.
Robin M. Wolf
Notary name typed
Seal/Stamp:
ROBIN MOTUSICK WOLF
+' }` WCOMMISSION /CO28M EXPIRES
Mq 1. 1167
`aRf�(S• allaN mfN iIMI MNIWIWHCE, IN;.
(annexation\palm reeze.Warnock)
December 1, 1994 , 4
Hook: 3990
� aee: 1046
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land in U. S. Lot 7, Section 2, Township 18 South,;
Range 34 East, described as follows: Commence at the intersection
of the East Right -of -Way line of U. S. No. 1 Highway and the North
line of said U. S. Lot 7; thence South 89056'40" East along said
North line 989.01 feet for the point of beginning; thence continue
South 89056140" East 120 feet; thence South 0°03'20" West 120 feet;
thence North 89056'40" West 120 feet; thence North 0003120" East
120 feet to the point of beginning.
TOGETHER with the right to use the following described easement for
egress and ingress over a parcel of land in Section 2, Township 18
South, Range 34 East, Volusia County, Florida, described as
follows: Commence at the intersection of the East Right -of -Way
line of U. S. No. 1 Highway and the North line of U. S. Lot 71
Section 2; thence south 89056140" East along said North line
1109.01 feet for the point of beginning; thence continue South
89056140" East 17.29 feet; thence North 64041120" East 34.38 feet;
thence South 25018140" East 3.87 feet; thence South 0012'40" West
119.98 feet; thence South 77027'50" West 51.6 feet; thence North
0003'20" East 120 feet to the point of beginning.
(annexation\Palmsreeze.Warnock)
December 1, 1994 ,
Book: 3990
'aea: 1047
a
EXHIBIT ^B••
Art �I VOLUSIA COUNTY CODE
Recreational areas (refer to section 811.0%c))• (Ord. No. 92.6, 4 XVII 6.4.92)
Sc ools, parocNfal or private (refer to section 817.00(d))•
Zero of line residential subdivisions (refer to section 817.00(h)).
Dimensr %I Requirements:
Minimum Id<srze:
Area: 12,8Q0 square feet.
Width: 100T at.
Minimum yard size.
Front yard: 30 fe f�t.
yard: 20 pe %* t of the depth of the lot, b t not less than 20 feet.
Rear
Side yard:
Abutting any lot: Q feet combined,
81.39, fix, 11.111 81)
Abutting any street: 30 feet.
Waterfront yard: 20 percent f lot de
shoreline buffer, whichev� is gr a
90.34. 4 15, 9-27.90)
Mosimum building height: 35 feet. ' \
Maximum lot coverage: The total 1 area c
-.shall not exceed 35 percent.
Art. Vll
of 8 feet on any one side. (Ord. No.
but not less than 25 feet, or the required
(Ord. No. 82.20, § X111, 12.9-82; Ord. No.
with principal and accessory buildings
Minimum floor area: 1,200 s are feet. (Ord. No. 81.39, 4 X, 11-19.81)
Off•Stre<e Parhing and Land' gRequirements:Ofl-s(reat parking and loading areas meeting
the requirements of sections 10.00 and 611.00 shall a constructed. lord. No. 90-34, 4 15,
9.27.90)
Types of Signs Perm' ted:
Ground signs (ref to section 822.00 at seq. for addition regulations). lord. No. 86-16, 4
1X, 10.23-86
Projecting si (refer to section 822.00 at seq. for additional egulations). (Ord. No. 86.16,
4 Df, 10- 3.86)
Temporary signs (refer to section 822.00 at seq. for addition regulations). (Ord. No.
86.1 41X, 10-23.86)
�,Ai R-3;URBAN 51J>GI f}FAD?1,LY,
4RESD)ENTIAL CLASSIFICATION
Purpose and Intent: The purpose and intent of the R3 Urban Single•Famlly Residential
Classification, is to provide medium -low -density residential developments, preserving the char-
aster of existing or proposed residential neighborhoods.
6upp. No. 65
56
6
Book: 3990
'age: 1048
EEBIBIT "B"
Art. V1I APPENDIX B—ZONING ORDINANCE Mt. V11
Permitted Principal Uses and Structure: In the R-3 Urban Single -Family Residential
Classification, no premises shall be used except for the following uses and their customary
accessary uses or structures:
Cluster subdivisions (refer to section 828.02) (Ord. No. 90-34, § 16, 9-27.90)
Essential utility services. (Ord. No. 84.1, § 111, 3.8.84)
Exempt excavations (refer to section 817.00(o)) and/or those which comply with article V11I
of the Land Development Code of Volusia'County [appendix Al and/or final site plan
review procedures of this ordinance. (Ord. No. 84.1, § 111, 3.8.84; Ord. No. 89.20, § VI,
6.8.89; Ord. No. 90.34, § 16, 9.27.90)
Exempt landfills (refer to section 817.00(p)). (Ord. No. 89.20, § VI, 6.8.89; Ord. No. 90.34,
4 16, 9.27-90)
Fire stations. (Ord. No. 92.6, § XVIII, 6 4.92)
Home occupations, class A (refer to section 807.00).
Parks and recreational areas accessory to residential developments.
Public schools. (Ord. No. 92.6, § XVIII, 6.4.92)
Publicly owned parks and recreational areas. (Ord. No. 92.6, § XVIII, 6.4.92)
Publicly owned or regulated water supply wells. (Ord. No. 92.6, § XVIII, 6.4.92)
Single-family standard or manufactured dwelling. (Ord. No. 84-1, § X, 3.8-84)
Permitted Special Exceptions: Additional regulations/requirements governing permitted
special exceptions are located in sections 817.00 and 1104.00 of this ordinance. (Ord. No. 90.34,
.4 § 16, 9.27.90)
Antennas exceeding 70 feet in height above ground level.
Bed and breakfast homestay (refer to section 817.00(s)). (Ord. No. 90-34, § 16, 9.27.90)
Day care centers (refer to section 817.00(0). (Ord. No. 90.34. § 16, 9.27.90)
Excavations only for stormwater retention ponds for which a permit is required by this
ordinance. (Ord. No. 84.1, § V1I, 3.8.84; Ord. No. 69.20, § Vli, 6.8.69)
Garage apartments.
Houses of worship and cemeteries (refer to section 817.00(d)).
Off-street parking areas (refer to section 817.00(n)). (Ord. No. 85.2, § I, 3-14.85; Ord. No.
90.34, § 16, 9.27-90)
Public uses not listed as a permitted principal use. (Ord. No. 92.6, § XVIII, 6.4.92)
Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84-1, § lit, 3.8.84)
Recreational areas (refer to section 817.00(c)). (Ord. No. 92.6, § )MII, 6.4-92)
Schools, parochial or private (refer to section 817.00(d)).
Zero lot line residential subdivisions (refer to section 817.00(h)).
Dimensional Requirements:
Minimum lot size:
-Area: 10,000 square feet.
Width: 85 feet.
Minimum yard size:
Front yard: 30 feet.
t..� Rear yard: 20 percent of the depth of the lot but not less than 20 feet.
S.pp. No. 65 57
EXHIBIT "B"
Art VII' VOLUSCA COUNTY CODE
Book- 3990
'age: 1049
iane M. Matousek
Volusia County, Clerk of Court
ArG VII
Side yard) '
Abutting any lot: 20 feet combined, minimum ale feet on any one side. (Ord. No.
81.39, § )1I, 11-19.81)
Abutting any street: 30 feet.
depth but not less than 25 feet, or the required
Waterfront
shoreli eabuffer, percent
istgreater. (Ord. No. 62 20,'§ XIII e12.9 82; Ord. No.
90-34, § 16, 9.27.90)
Maximum building height: 35 feet.
Maxfmam lot coverage: The total lot area covered with principal and accessory buildings
shall not exceed 35 percent. .
Minimum floor area: 1,000 square feet. (Ord. No. 81.39, § XI, 11.19-81)
off -Street Parl<ing and Loading Requirements: Off-street parking end loading areas meeting
ll be constructed. (Ord. No. 90.34, § 16,
the requirements of sections 810.00 and 811.00 she
9.27.90)
Types o(Signs Permitted:
Ground signs (refer to section 822.00 at seq. for additional regulations). (Ord. No. 86.16, §
IX, 10.23.86)
Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No..86.16,
§ IX, 10-23.86)
Temporary signs (refer to section 822.00 at seq. for additional regulations). (Ord. No.
66.16, § IX, 10-23.86) '
R.4 UR13AN SINGLE-FAMILY
RESIDENTIAL CLASSIFICATION
purpose and Intent: The purpose and intent of the R-4 Urban Single -Family Residential
Classification is to provide medium -density residential developments, preserving the char-
acter, of existing or proposed residential neighborhoods.
Permitted Principal Uses and Structures: In the R.4 Urban Single -Family Residential
Classification, no premises shall be used except for the following uses and their customary
accessary uses or structures:
Cluster subdivisions. (refer to section 628.02). (Ord. No. 9034, § 17, 9.27-90)
Essential utility services. (Ord. No. 84-1, § 111, 3.8.84)
Exempt excavations (refer to section 817.00(c)) and/or those which comply with VIII
of the Land Development Cade of Volusia County [appwhich Al and/or final site
plan
review procedures of this ordinance. (Ord. No. 84.1. §III, 3-8.84; Ord. No. 89.20, 5 VI,
6.8.89; Ord. No. 90.34, § 17, 9.27-90) 6.8.09; Ord. No. 90.34,
Exempt landfills (refer to section 817.00(0- (Ord. No. 89.20, § VI,
§ 17, 9.27.90) '
Fire stations. (Ord. No. 92.6, § X1X, 6.4.92)
Supp• No. 65 58 '
034ZOO
03/15/1995
10:31
istrument
# 95034201
..iook :
3990
Page:
1050
ANNEXATION AGREEMENT
,/T�HIS� �AGREEMENT made and entered into this ��day of
�, 19t4_ by and between, the CITY OF EDGEWATER,
FLORIDA, a municipal corporation, 104 N. Riverside Drive,
Edgewater, Florida 32132, (hereinafter referred to as "City"); and
STUART and LIANN WINXLER, 129 Palm Breeze Drive, Edgewater, Florida
32141 (hereinafter referred to as "Owner").
WHEREAS, in order to have the right to utilize City utilities,
Owner has caused a Petition for Voluntary Annexation to be filed
for the property described in Exhibit A; and
WHEREAS, the City is desirous of annexing said property, and
has satisfied itself that the conditions for annexation and the
economics thereof are satisfactory.
NOW, THEREFORE, based on the foregoing, the parties agree as
follows:
1. DESCRIPTION
The property which is the subject of this Agreement is a
residential parcel of approximately .57 acres located on Palm
Breeze Drive. There is a single-family residence on the property.
The property is more specifically described in the legal
description which is attached hereto and incorporated by reference
as Exhibit A.
2.
The property is currently zoned R-3 by Volusia County.
Attached hereto and incorporated by reference as Exhibit B is a
list of the permitted uses and the restrictions and densities which
will be applicable to further development of the property until
such time as the City amends its comprehensive plan to recognize
the incorporation of the property. Any new development within the
annexed area shall be developed in compliance with the all
applicable City ordinances, resolutions, and regulations effective
at that time.
(annexat1on\Pa1msreeze.W1nk1er)
December 2, 1994 , 1
EXHIBIT "V"
TO ORDINANCE #94-0-24
Book: 3990
,age: 1051
3. UTILITIES
Owner agrees to connect to and utilize the City's water
distribution system within three (3) months of notice of its
availability. The City agrees to install water lines within six
(6) months of the effective date of this Agreement.
Prior to water service being rendered to the property, Owner
shall remit to the City a $1,000.00 impact fee, a $260.00
connection fee and a $45.00 deposit pursuant to Sections 19-1, 19-
12 and 19-42, Edgewater Code of Ordinances. Connection to the
City's wastewater system shall be deferred until such time as the
City determines it is in the beat interest of the public to make
connection mandatory for ameliorative or public health reasons.
4. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to an individual
or corporation not already a party to this Agreement, the purchaser
of the property shall be bound by the terms of this Agreement and
applicable regulations of the City, where not inconsistent with, or
contrary to, this Agreement. Accordingly, the City shall record
the Agreement with the Clerk of Circuit Court in Volusia County.
5. CONSISTENCY OF DEVELOPMENT
The City agrees to permit the development of the annexed area
in the manner defined by this Annexation Agreement, the attached
exhibits, and applicable City ordinances consistent with, and not
contrary to, the terms of this Annexation Agreement.
6. AMENDMENT
This Agreement may only be amended in writing, upon mutual
consent of the parties.
7. STATUTORY CONFLICT AND FAILURE TO ADDRESS PARTICULAR
MATTERS
To the extent there is a conflict between this Agreement and
any existing City resolution, regulation or ordinance, this
Agreement shall control. However, all other applicable City
ordinances in effect at the time of execution of this Agreement
continue to apply. Further, the failure of this Agreement to
(annexation\Palmereeze.Winkler)
December 2, 1994 1 2
Book: 3990
•age: 1052
address a particular permit, condition, term or restriction shall
not forgive the necessity of complying with the law governing said
permitting requirements, conditions, terms or restrictions.
8. APPEAL
If Owner is aggrieved by any decision of any City department
head interpreting the terms of this Agreement, that party shall
first file a written appeal with the City Manager. If Owner is
aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the
filing of a written request with the City Manager for placement of
the issue on the City Council agenda. After receiving the request,
the City Manager shall place the matter on the next available City
Council agenda.
9. BINDING EFFECT
All of the terms and provisions of this Agreement, shall be
binding upon, inure to the benefit of and be enforceable by the
parties and their respective legal representatives and their
successors in title and interest. The provisions of the Agreement
and all approved plans shall run with the land, and shall be
administered in a manner consistent with the laws of the State of
Florida.
10.
GOVERNING
LAW
This
Agreement
shall be
governed
by
the laws
of the State of
Florida.
(annexation\Palmsreeze. Winkler)
December 2, 1994 \ 3
Book: 3990
'age: 1053
IN WITNESS WHEREOF, the parties have caused this Agreement to
be made and entered into the date and year first written above.
ATTEST:
-Susan A/ Vadsworth
Z. City Clem
Witnessed by:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
B
APPROVED FOR FORM
AND CORRECTNESS:
jkfista A. S orey
City Attorney
OWNER:
Stuart Winkler
L�f�� a rp iann Winkler
Witness named•typed
STATE OF I-'
COUNTY OF
�The £ore oing instrument was acknowledged before me this
'��pi1 day of JDp Op m n , 1994, by STUART WINRLER and
LIANN WINRLER, hi ¢¢ wife, who are personally known to me or who has
produced YIIC- as identification
and who did (did not) take an oath.
Notary Public
Notary name typed
IrOM MATUM WOLF
Seal/Stamp: 1 Mr ODMM OIO MON ORRES
MR 1. 1997
,qf, wiaanwmwvwxawxa,wc.
(annexation\PalmBreeze. Winkler)
December 2, 1994 \ 4
Book: 3990
'age: 1054
EXHIBIT "A"
LEGAL DESCRIRTION
A parcel of land being a portion of Section 1 and land lying
Easterly of Section 1 and Section 2, Township 18 South, Range 34
East, described as follows: Commence at the intersection of the
North line of U. S. Lot 7 said Section 2 with the East right-of-way
line of U. S. No. 1 Highway; thence South 89054140" East along
said North line 1126.3 feet; to the Northeast corner of said U. S.
Lot 7; thence North 64941120" East 34.38 feet; for the POINT OF
BEGINNING; thence North 64041120" East 199.32 feet to the West line
of the Intracoastal Waterway; thence Southerly along said West line
112.15 feet; thence South 64041120" West 247.62 feet; thence North
0012140" East 119.98 feet; thence North 25018'40" West 3.87 feet to
the Point of Beginning.
ALSO an Easement for ingress and egress over a parcel of land in
and East of Section 1 and Section 2, Township 18 South, Range 34
East, described as follows: Commence at the intersection of the
East right-of-way line of U. S. No. 1 Highway and the North line of
U. S. Lot 7 said Section 2; thence South 89054140" East along said
North line 1109.01 feet f or the POINT OF BEGINNING; thence
continue South 89054'40" East 17.29 feet; thence North 64041120'
Est 34.38 feet; thence South 25018140" East 3.87 feet; thence South
0012140" West 199.98 feet; thence South 77027150" West 51.6 feet;
thence North 0003'20" East 120 feet to the POINT of BEGINNING.
(annexation\Palmereeze.Winkler)
December 2, 1994 ,
Book: 3990
'age: 1055
EXHIBIT "B"
Art. VIl VOLUSIA COUNTY CODE
iiecreationel areas (refer to section 817.00(c)). (Ord. No. 92-6, 4 :
Scl Dols, parochial or private irefer to section 817.00(d)).
Zero of line residential subdivisions (refer to section 817.0001)).
Dimens pal Requirements: /
Art. VII
Minimum td(stze:
Area: 11%8Q0 square feet.
Width: ION at.
Minimum yard size.
Front yard: 30 fel�t.
Rear yard: 20 perch t of lire depth of the lot, b t not less than 20 feet.
Side yard: !\\
Abutting any lot: Z(1�feet combined,zlibut
mum of 6 feet on any one side. (Ord. No.
81.39,6X,11.1 `81)
Abutting any strea : 30 feet.
Waterfront yard: 20 percen&/'*U\..c
not less than 26 leek, or the require)
shoreline buffer, wb(cheveter. (Ord. No. 82.20, 3 Xlll, 12.9 82; Ord, No.
90.34, 4 15, 9.27.90)
Maximuns building height: 35 feet.Maxinruns rot coverage: The total 1vered with principal and accessory buildings
:shall not exceed 35 percent. \ ,.
Minimum floor area: 1,2.00.9 are feet. (Ord. l`laa.. 81.39, 4 X, 11.19.81)
Of(Slreel Porhingand Load• rg Requirements: Offr reetparldng and loading aeeai meeting
the requirements of sectiZed:
10.00 and $11.00 shall he constructed. (Ord. No. 90.34, 4 16,
9.27.90)
Typu of Signs Perm
around signs (ref to section 822.00 et seq. for addition regulations). (Ord. No. 86.16, 1
IX, 10.23-86
projecting sign (refer
to section 822.00 at seq. for additional Yegulalions).(Ord. No. 86.16,
4 U 10. 3.86)
Temporavia,`
gns (refer to section 822.00 at seq. for addition regulations). (Ord. No.
86.1X, 10.23.8G)
#I63;URHAN SU$fjWFAMILY, .
RESIDENTIAL CLASSIFi6liT10N
Purpose and Intent. • The purpose and intent of the R.3 Urban Single-Farnily Residenllel
Classification, is to provide mediumdow-lowresidential developments, preserving the char•
actor of existing or proposed residential neighborhoods.
Supp. No. ss 66
6
Book: 3990
�aee: 1056
EXHIBIT ••B'•
Mt. VIE APPENDIX B—ZONING ORDINANCE Mt. V11
r�Permitted Principal Uses and Structure: In the R3 Urban Shngle•Farnily Residential
Classification, no.ppmises shall be used except for lire following uses and their customary
accessory uses or structures:
Cluster subdivisions (refer to section 828.02) (Ord. No. 90.34, § 16, 9.27.901 -
Essential utility services. (Ord. No. 84.1, § 111, 3.8.84)
Exempt excavations (refer to section 817.00(o)) and/or those which comply with a rticla Vl l l
of the Laird Development Code of volusia'county [appendix A) and/or final site plan
review procedures of kris ordinarrce.lOrd. No. 84.1, § 111, 3.8.84; Ord. No. 89.20. § VI,
6.8.89; Ord. No. 90.34, § 16, 9.27.90)
Exempt landfills (refer to section 817.00(p)). (Ord. No. 99.20, § VI, 6.8.89; Ord. No. 90.34,
§ 16, 9.27.90)
Fire stations. (Ord. No. 92.6, § XVIII, 6.4-92)
Horne occupations, class A (refer to section 601.00).
Parks end recreational areas accessory to residential developments.
Public schools. (Ord. No. 92.6, § XVIII, 6.4.92)
Publicly owned parks and recreational areas. (Ord. No. 92.6, § XVIII, 6.4.921
Publicly owned or regulated water supply reells. (Ord. No. 92.6, § -Mil, 6.4.921
Single-family standard or tnarmfaclured duelling. (Ord. No. 84.1. § X, 3.0.84)
Permitted Special Exceptions: Additional regulalions/requirenenls governing permitted
special exceptions are located Inn sections 617.00 slid 1104.00 of tins ordinance. (Ord. No. 90.34,
116, 9.27.90)
.:� Antennas exceeding 70 feet fit ]%eight above ground level.
Bed and brealcfast homeslay (refer to section 817.00(s)). (Ord. No. 90.34, § 16, 9.27.90)
Day care centers (refer to section 817.00(0). (Ord. No. 90.34, § 16, 9.27.90)
Excavations only for slonnwater retention ponds for which a permit is required by tills
ordinance. (Ord. No. 84-1, § Vfl, 3.8.84; Ord. No. 69.20, § VII, 0.8.69)
Garage apartments.
Houses of worship and cemeteries (refer to section 817.00(d)).
Off-street perking areas (refer to section 817.00(n)). (Ord. No. 65.2, 4 1, 3.14.85; Ord. No.
90.34, § 16, 9.27.90)
Public uses not listed as a permitted principal use. (Ord. No. 92.6, § XVIII, 6.4.92)
Public utility uses mid structures (refer to section 817.00(a)). (Ord. No. 84.1, § 111, 3.8-84)
Recreational areas (refer to section 817.00(c)). (Ord. No. 92.6, § XVIII, 6.4.92)
Schools, parochial or private (refer to section 817.00(d)).
Zero lot Ibis residential subdivisions (refer to section 017.0001)).
Dimensional Requirements:
Minimum lot size:
• Arena, 10,000 square feet.
Widths 85 feet.
Minimum yard sue: '
Front yard: 30 feet.
f:" •� Rear yard: 20 percent of Elie depth of the lot but not less then 20 feel.
Supp. He. 65 67
EXHIBIT "B"
Ark VII. VOLUS[A COUNTY CODE
Book: 3990
'ase: 1057
.ane M. Matousek
Volusia County, Clerk of Court
Art. Vll
Bide yard)
Abutting any lot: 20 feet combined, minimum or 8 feet on any one side. (Ord. No.
81.39,1A11.19.81)
Abutting any street: 30 feet. not less than 26 feet, or IValsl,arell eabutterr. wl icl,e erlistgreatler, (Ord. No. 62-20,'11 XIII erequired
front yd: but
12 9 02; 0 d No.
90-34, 1 16, 9.27.90)
Afa,dmunt building height: 35 feet.
M"insunt lot coverage: The total lot area covered with principal and accessory buildings
shall not exceed 35 percent. .
Minimum floor area: 1,000 square feet. (Ord. No. 81.39, 1 XI, 11.19-81)
0((51recf parking and Loading Requit-unenls: Off-street parking and loading araas meeting
the requirements of sections 810.00 and 811.00 $hall be constructed. (Ord. No. 90.34, 5 16,
9.27.90)
Types of Signs Permitted:
ground signs (refer to section 822.00 at seq. for additional regulations). (Ord. No. 86.16, 5
1X, 10.23-86)
Projecting signs (refer to section 822.00 et seq. for additional regulations), (Ord. No..86.16,
SIX, 10.23.86)
to section 822.00 et seq. for additional regulations): (Ord. No.
Temporary signs (refer
66.16, 1 IX, 10-23-86) '
R.4 URBAN SINGLE• A111LY
RESIDENTIAL CLASSIFICATION
Purpose Gild latent:7'he purpose slid intent of the R.4 Urban Single-Fanily Residential
Classification is to provide medimmdensily residential developments, preserving the char -
actor of existing or proposed residential neighborhoods.
Permitted Principal Uses and Structures: lu the R•4 Urban Single-Fwnily Residential
Classification, no premises shall be used excopt for the following uses and their custonnory
accessory use or structures:
Cluster subdivisions. (refer to section 628.(12). (Ord. No. 90.34, 5 17, 9.27.90)
Essential utility services. (Ord. No. 84.1, 1 Ill, 3.0.84)
Exempt excavations (refer to section 817.00(o)) and/or those ^; np�ornRnal sll ite plain
of the Land Developnnent Code of ValUela County [appendix
review procedures of tbls Ordinance. (Ord. No. 84.1, 5 111, 3.8-84; Ord. No. 89.20. 5 VI,
6.8-89; Ord. No. 90-34, 5 17, 9.27-90)
Exempt IandfRls (refer to section 817.00(p)). (Ord. No. 89.20, 5 VI, 6 8 89; Ord. No. 90 34,
1 17, 9.27.90)
Fire stations. (Ord. No. 92-6. 5 XIX, 6^4-92) '
Bopp. Re, as 58
034201