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94-O-17128/1994 07:19 t ,FY i strument Book: Fan: Re -recorded to include Exhibit B # 94190706 3973 2687 ryr ORDINANCE NO. 94-0-17 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF THE EXISTING CITY BOUNDARIES, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; AMENDING THE DESCRIPTION OF CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR W co FILING WITH THE CLERK OF THE CIRCUIT COURT, < t0 CD m G' VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY rr-- N O in r"-'O O APPRAISER AND THE DEPARTMENT OF STATE; C t0 v � O M PROVIDING FOR CONFLICTING PROVISIONS, N SEVERABILITY AND APPLICABILITY; PROVIDING FOR n AN EFFECTIVE DATE AND FOR ADOPTION. n N t, P W O CO a WHEREAS, the City Council of the City of Edgewater, Florida, o 0 o0 has made the following determinations: rn 1. Bailey and Helen Lovell, Merlene Wheeler, Patrick A. and Lana W. Fisher, Valerie H. Reed, T. E. and Janice Hotchkiss, Armistead M. and Patricia A. Fredlock III, William and Neitha L. Aurig, George and Irene Negedly, Edgewater Shell Mining, Inc., Charles J. and Phyllis V. Barry, Mark and Ellen Black, Joshua L. and Kim G. Chappell and Peter B. Saunders, Marguerite Fulton, Stanley Ahrends, Charles E. Aldrige, McCaskill Enterprises, Inc. and Beatrice McCaskill are the owners of certain real property located from Air Park Road to a point approximately 1.1 miles beyond the right-of-way of U. S. Interstate Higway 95, in Volusia CD "w- c-im County, Florida. Just east of I-95 the property extends north to t0 the City's water plant site. c-n 2. The owners have voluntarily petitioned the City of C:� ^o :co 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 t �, C os satisfactory. Ax �T 4. At a meeting on April 27, 1994, the Land Development and gym" Regulatory Agency reviewed the petition and recommended by a vote n� N of 6 to 0 that the property be annexed into the City. 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. passages are deleted. Underlined passages are added. Re -recorded in May 1995 to show 94-0-17 1 corrected Exhibit A dated September 13, 1994. C rirre .:is SOON ".GE 3929 2.,12 VOLUSIA CO.. FL 1. Pursuant to Section 171.044, Florida Statutes, that T w N0 certain real property described in Exhibit A and depicted in the ;n 0 (D 7C Q 0 irlCU map identified as Exhibit B, which are attached hereto and incorporated by reference, is hereby annexed into and made part of W 0 0 the City of Edgewater, Florida, and shall be subject to the IJO 10 0 rt3 � a 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, and K. * 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 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. StFuek thFe •s * passages are deleted. Underlined passages are added. 94-0-17 2 * Exhibits C through K are recorded at Official Records Book 3929 Pages 2817-2896. 0,,,ec , BOOK PAGE 3929 _613 VOLUSIA CO.. FL PART E. ADOPTION. After Motion by Councilman Hays and Second by Councilwoman In 0 Martin, the vote on the first reading of this ordinance held on May f�l N 16, 1994, was as follows: J z Y� WO 0 Mayor Jack H. Hayman, Sr. ABSENT N O Councilman Kirk Jones AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE After Motion by Councilman Hays and Second by Councilman Mitchum, the vote on the second reading of this ordinance 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 PASSED AND DULY ADOPTED this 6th day of June, 1994. ATTEST: .. CITY COUNCIL OF THE CITY OF EDGENATER, FLORIDA By: Jac H H yman, r. Mayor APPR D FOR FORM AND CORRECTNESS: Ad, KrI to A. Storey City Attorney Struek threugh passages are deleted. Underlined passages are added. 94-0-17 3 0 a,,ede Z ook: 4009 sar 733 Commence at the Southeast corner of the Samuel Betts Grant, being also Section 38, Township 18 South, Range 34 East; thence South 69 degrees 39 minutes 28 seconds West along the South line of said Samuel Betts Grant, a distance of 1800.00 feet to a point, said point being the intersection of the Northerly extention of the West line of Florida Shores Unit No. 15, as recorded in Map Book 19, page 216 of the Public Records of Volusia County, Florida with the South line of the Samuel Betts Grant; thence continuing along said South line South 69 degrees 38 minutes 30 seconds West, a distance of 152.39 feet to a point on the East line of Air Park Road, a 50 foot right-of-way as now surveyed, said point being also the POINT OF BEGINNING; thence North 23 degrees 24 minutes 10 seconds West along the East line of said Air Park Road, a distance of 1818.26 feet; thence continuing along said East line North 7 degrees 20 minutes 18 seconds West, a distance of 175.44 feet; thence departing said East line South 69 degrees 38 minutes 30 seconds West, a distance of 420.72 feet; thence North 7 degrees 20 minutes 18 seconds West, a distance of 125.00 feet; thence North 69 degrees 32 minutes 09 seconds East, a distance of 370.16 feet to a point on the West line of Air Park Road; thence Northerly along said West line North 7 degrees 20 minutes 18 seconds West, a distance of 15.05 feet; North 0 degrees 42 minutes 05 seconds West, a distance of 234.95 feet; thence departing said West line of Air Park Road South 69 degrees 38 minutes 30 seconds West, a distance of 370.00 feet; thence North 6 degrees 17 minutes 40 seconds East, a distance of 136.94 feet; thence North 21 degrees 06 minutes 40 seconds West, a distance of 194.65 feet to a point on the South line of State Road 442; thence North 69 degrees 02 minutes 06 seconds East along said South line of State Road 442, a distance of 225.00ifeet; thence departing said South line North 21 degrees 06 minutes 40 seconds West along the East line of Lot 38 of the Assessor's Subdivision of the Samuel Betts Grant, as recorded in Map Book 3, page, 153 of the Public Records of Volusia County, Florida, a distance of 399.97 feet to the Northeast corner of said Lot 38; thence South 69 degrees 38 minutes 30 seconds West along the North line of said Lot 38, a distance of 381.00 feet; thence departing said North line South 21 degrees 06 minutes 40 seconds East, a distance of 288.23q,feet to a point on the North line of State Road 442 said point being on a curve concave to the Southeast, having a radius of 2924.79 feet, a central angle of 2 degrees 53 minutes 52 seconds, and a chord of 147.91 feet bearing South 64 degrees 43 minutes 07 seconds West; thence Southwesterly along said curve, a distance of i,147.92 feet to a point of right-of-way change; thence South 26 degrees 43 minutes 49 seconds East, a distance of 10.00 feet to the point of curvature of a curve concave to the Southeast, having a radius of 2914.79 feet, a central angle of 13 degrees 19 minutes 00 seconds, and a chord of 675.93 feet bearing South 56 degrees 36 minutes 41 seconds West; thence Southwesterly along said curve, a distance of 677.45 feet to the point of tangency of said curve; thence South 49 degrees 57 minutes 11 seconds West, a distance of 3098.06 feet to a point on the centerline of Hide -a -way Lane, a private road easement; thence North 21 degrees 06 minutes 40 seconds West along said centerline, a distance of 489.65 feet; thence departing said centerline South 69 degrees 38 minutes 30 seconds West, a distance of 589.31 feet; thence South 21 degrees 06 minutes 40 seconds East, a distance of 670.17 feet to a point on the North line of State Road 442 said point being on a curve concave to the Northwest, having a radius of 2814.79 feet, a central angle of 8 degrees 17 minutes 12 seconds, and a chord of 406.74 feet bearing Exhibit A c u lero'V_ Page 1 of 3 10 ook_ 4009 age_ 734 South 62 degrees 09 minutes 17 seconds West; thence Southwesterly along said curve, a distance of 407.10 feet to a point of right-of-way change; thence North 23 degrees 42 minutes 07 seconds West, a distance of 10.00 feet to the point of curvature of a curve concave to the Northwest, having a radius of 2804.79 feet, a central angle of 2 degrees 09 minutes 18 seconds, and a chord of 105.49 feet bearing South 67 degrees 22 minutes 32 seconds West; thence Southwesterly along said curve, a distance of 105.49 feet to the point of tangency of said curve; thence South 68 degrees 27 minutes 11 seconds West, a distance of 914.81 feet; thence departing said North line of State Road 442 South 21 degrees 07 minutes 05 seconds East along the Easterly line of lot 4 and its Northerly prolongation, Model Land Company Subdivision, as recorded in Map Book 5, page 187 of the Public Records of Volusia county, Florida, a distance of 1310.80 feet to the Southeast corner of said Lot 4; thence South 69 degrees 38 minutes 30 seconds West along the Southerly line of Lots 4, 3 and 2 of said Model Land Company Subdivision, a distance of 1050.00 feet to the Southwest corner of said Lot 2; thence North 21 degrees 07 minutes 05 seconds West along the Westerly line of said Lot 2 and its Northerly prolongation, a distance of 1279.02 feet to a point on the North line of State Road 442; thence South68 degrees 27 minutes 11 seconds West along said North line, a distance of 866.23 feet to the point of curvature of a curve concave to the North, having a radius of 1859.86 feet and a central angle of 10 degrees 39 minutes 52 seconds; thence Westerly along said curve, a distance of 346.18 feet; thence South 79 degrees 06 minutes 53 seconds West, a distance of 87.67 feet; thence North 18 degrees 02 minutes 49 seconds West, a distance of 62.97 feet; thence South 71 degrees 56 minutes 48 seconds West, a distance of 99.88 feet; thence departing said North line of State Road 442 North 17 degrees 58 minutes 53 seconds West, a distance of 4039.91 feet to a point on the North line of U. S. Lot 4, Section 5, Township 18 South, Range 34 East; thence South 88 degrees 12 minutes 37 seconds West along said North line, a distance of 756.17 feet to the Northwest corner of said U. S. Lot 4; thence North 0 degrees 28 minutes 08 seconds East along the West line of said Section 5, a distance of 1342.03 feet; thence departing said West line South 87 degrees 29 minutes 46 seconds West, a distance of 49.85 feet; thence South 0 degrees 28 minutes 47 seconds West and parallel to the said West line of Section 5, a distance of 1340.83 feet; thence South 24 degrees 24 minutes 36 seconds East, a distance of 4495.22 feet to a point on the South line of State Road 442; thence South 89 degrees 41 minutes 55 seconds West along said South line, a distance of 74.87 feet; thence departing said South line South 0 degrees 13 minutes 04 seconds East, a distance of 175.00 feet; thence South 89 degrees 46 minutes 56 seconds West, a distance of 175.00 feet; thence North 0 degrees 15 minutes 04 seconds West, a distance of 257.86 feet to a point on the North line of Section 8, Township 18 South Range 34 East; thence South 89 degrees 49 minutes 00 seconds West along said North line of Section 8, a distance of 1608.50 feet to the Northeast corner of Section 7, Township 18 South, Range 34 East; thence North 89 degrees 45 minutes 02 seconds West along the North line of said Section 7, a distance of 5965.00 feet to the Northwest corner of said Section 7; thence South 1 degree 28 minutes 17 seconds East along the West line of said Section 7, a distance of 5301.95 feet to the Southwest corner of said Section 7; thence South 89 degrees 45 minutes 12 seconds East along the South line of said Section 7, a distance of 5930.70 feet to the Southwest corner of Section 8 aforesaid; thence North 89 degrees 20 minutes 54 seconds East along the South line of said Section 8, a distance of 2641.31 feet to the South quarter corner of said Section 8; thence North 1 degree 06 minutes 19 seconds West along the centerline of said Exhibit A Page 2 of 3 Corrc'lac B k- 4009 _ F - 735 Section 8, a distance of 2643.04 feet to the center of said Section 8; thence continuing along the centerline of said Section 8 North 1 degree 02 minutes 59 seconds West, a distance of 1320.00 feet to the Southwest corner of Lot 1 Model Land Company Subdivision, as recorded in Map Book 5, page 188 of the Public Records of Volusia County, Florida; thence East along the South line of Lots 1 through 4 and its Easterly prolongation, a distance of 2650.00 feet to a point which is 10 feet East of the West line of section 9, Township 18 South, Range 34 East; thence North and parallel to said West line of Section 9, a distance of 1258.83 feet to a point on the South line of the Samuel Betts Grant; thence North 69 degrees 38 minutes 30 seconds East, a distance of 3100.17 feet; thence departing the South line of said Samuel Betts Grant North 21 degrees 07 minutes 05 seconds West, a distance of 622.50 feet; thence North 69 degrees 38 minutes 30 seconds East, a distance of 700.00 feet; thence North 21 degrees 07 minutes 05 seconds West, a distance of 622.50 feet; thence North 69 degrees 38 minutes 30 seconds East, a distance of 1050.00 feet; thence South 21 degrees 07 minutes 05 seconds East, a distance of 199.74 feet; thence North 69 degrees 38 minutes 30 seconds East, a distance of 350.00 feet; thence South 21 degrees 07 minutes 05 seconds East, a distance of 1045.26 feet to a point on the South line of the Samuel Betts Grant; thence North 69 degrees 38 minutes 30 seconds East along said South line, adistance of 428.32 feet to a point on the West edge of an existing shell road ( Air Park Road ); thence departing said South line South 20 degrees 21 minutes 30 seconds East, a distance of 40.00 feet to the point of curvature of a curve concave to the Northeast, having a radius of 65.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence Southeasterly along the arc of said curve a distance of 102.10 feet to the point of tangency of said curve; thence. North 69 degrees 38 minutes 30 seconds East, a distance of 128.77 feet to a point on the West line of Florida Shores Unit No. 15 aforesaid; thence North 21 degrees 06 minutes 41 seconds West along said West line, a distance of 30.00 feet; thence departing said West line South 69 degrees 38 minutes 30 seconds West, a distance of 128.38 feet to the point of curvature of a curve, concave to the Northeast, having a radius of 35.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence Northwesterly along the arc of said curve, a distance of 54.98 feet to the point of tangency of said curve; thence North 20 degrees 21 minutes 30 seconds West, a distance of 40.00 feet to a point on the South line of the Samuel Betts Grant; thence North 69 degrees 38 minutes 30 seconds East along said South line, a distance of 10.00 feet to the POINT OF BEGINNING; said described tract containing 1,413.42 acres (61,568,556.94 square feet), more or less. PREPARED BY: DATE: 9/13/94 Ronald W. Lucas, FL. PLS4165 927 S. Ridgewood Ave. Unit A5 Edgewater, FL 32132 (904) 423-7741 FOURTH REVISION Exhibit A Page 3 of 3 Ea'eo:c� ook : 3973 age: 2693 "Diane M. Matousek Volusia County, Clerk of Court Best Available COPY Book: 4009 Page: 736 Diane M. Matousek Volusia County, Clerk of Court "'eecvrd' Exhibit S 0 75915 Splow ifZ bt9 'v.P . 'b' "');1 q, , ~1VI w co < ~ C> 0 r- ~ 0 c: ~ :;:I; U'J - )> C') N 0 Florida,;' CD ~ C) r- r" ..... 28/1994 07:19 ~trurflent # 94190706 dook: 3973 PClge: 2687 Exhlblt B Re-recorded to include ORDINANCE NO. 94-0-17 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF THE EXISTING CITY BOUNDARIES, 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, has made the following determinations: 1. Bailey and Helen Lovell, Merlene Wheeler, Patrick A. and Lana W. Fisher, Valerie H. Reed, T. E. and Janice Hotchkiss, Armistead M. and Patricia A. Fredlock III, William and Neitha L. Aurig, George and Irene Negedly, Edgewater Shell Mining, Inc., Charles J. and Phyllis V. Barry, Mark and Ellen Black, Joshua L. and Kim G. Chappell and Peter B. Saunders, Marguerite Fulton, Stanley Ahrends, Charles E~ Aldrige, McCaskill Enterprises, Inc. and Beatrice McCaskill are the owners of certain real property located from Air Park Road to a point approximately 1.1 miles beyond the right-of-way of U. S. Interstate Higway 95, in Volusia o County, Florida. Just east of 1-95 the property extends north to~ the City's water plant site. 2. The owners have voluntarily petitioned the City of C> 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 \.0 are .t:- <- c...: "--"'" satisfactory. 4 . 01 At a meeting on April 27, 1994, the Land Development and -,'>> Regulatory Agency reviewed the petition and recommended by a vote ~ of 6 to 0 that the property be annexed into the City. 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. Struck through passages are deleted. Underlined passages are added. Re-recorded in May 1995 to show corrected Exhibit A dated September 13, 1994. 94-0-17 1 " c..n ;0"22 ", r- ("") rn 00 ;0.." 00 <:::0 m;:o :-0 rT} :::;:;n ~ :~'~ C) T . . ','J l::~0 1> -r:~ -0 :!:') '1(:, ':-.; ;::; t' . ~~~~ {~ . ;.0.0 ""r.-........ ....;..., r ~--t ':.r"'~ ,== ",' Co f"1 " ~::l f) ;;'::o;"J I: ~.) 5=-~ ~.' ;~~ =, r \.D "r,,: .... SOOK .. 'GE 'tf(' 3929 2,,12 VOLUS1A co.. FL 171.044, Florida Statutes, that 1. Pursuant to Section t~1 CO t"-OJ 0'- '..0 ~1 (\J certain real property described in Exhibit A and depicted in the map identified as Exhibit B, which are attached hereto and II .. incorporated by reference, is hereby annexed into and made part of ~IJ.) C11J1 the City of Edgewater, Florida, and shall be subject to the C11tj m~ 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, and K. * 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 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. Struck through passages are deleted. Underlined passages are added. 94-0-17 " 2 * Exhibits C through K are recorded at Official Records Book 3929 Pages 2817-2896. t410'. ('CO 0'.\0 n C\J II II ~w 001 01'0 0:,0.. ...... BOOK PAGE 3929 ~813 VOLUSIA CO.. FL PART E. ADOPTION. After Motion by Councilman Hays and Second by Councilwoman Martin, the vote on the first reading of this ordinance held on May 16, 1994, was as follows: Mayor Jack H. Hayman, Sr. ABSENT Councilman Kirk Jones AYE Councilwoman Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE After Motion by Councilman Hays and Second by Councilman Mitchum, the vote on the second reading of this ordinance 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 PASSED AND DULY ADOPTED this 6th day of June, 1994. ATTEST: .,7 , CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA La;~~ Susan J .1facls.w~rth City Clerk :", ..' i ", .;, i" i, ~A-*r~ Kr sta A. Storey City Attorney Struck through passages are deleted. Underlined passages are added. 94-0-17 " 3 ... ~ Commence at the Southeast corner of the Samuel Betts Grant, being also section 38, Township 18 South, Range 34 East; thence South 69 degrees 39 minutes 28 seconds West along the South line of said Samuel Betts Grant, a distance of 1800.00 feet to a point, said point being the intersection of the Northerly extention of the West line of Florida Shores unit No. 15, as recorded in Map Book 19, page 216 of the Public Records of Volusia County, Florida with the South line of the Samuel Betts Grant; thence continuing along said South line South 69 degrees 38 minutes 30 seconds West, a distance of 152.39 feet to a point on the East line of Air Park Road, a 50 foot right-of-way as now surveyed, said point being also the POINT OF BEGINNING; thence North 23 degrees 24 minutes 10 seconds West along the East line of said Air Park Road, a distance of 1818.26 feet; thence continuing along said East line North 7 degrees 20 minutes 18 seconds West, a distance of 175.44 feet; thence departing said East line South 69 degrees 38 minutes 30 seconds West, a distance of 420.72 feet; thence North 7 degrees 20 minutes 18 seconds West, a distance of 125.00 feet; thence North 69 degrees 32 minutes 09 seconds East, a distance of 370.16 feet to a point on the West line of Air Park Road; thence Northerly along said West line North 7 degrees 20 minutes 18 seconds West, a distance of 15.05 feet; North 0 degrees 42 minutes 05 seconds West, a distance of 234.95 feet; thence departing said West line of Air Park Road South 69 degrees 38 minutes 30 seconds West, a distance of 370.00 feet; thence North 6 degrees 17 minutes 40 seconds East, a distance of 136.94 feet; thence North 21 degrees 06 minutes 40 seconds West, a distance of 194.65 feet to a point on the South line of State Road 442; thence North 69 degrees 02 minutes 06 seconds East along said South line of State Road 442, a distance of 225.00rfeet; thence departing said South line North 21 degrees 06 minutes 40 seconds West along the East line of Lot 38 of the Assessor's Subdivision of the Samuel Betts Grant, as recorded in Map Book 3, page.153 of the Public Records of Volusia County, Florida, a distance of 399.97 feet to the Northeast corner of said Lot 38; thence South 69 degrees 38 minutes 30 seconds West along the North line of said Lot 38, a distance of 381.00 feet; thence departing said North line South 21 degrees 06 minutes 40 seconds East, a distance of 288.23~eet to a point on the North line of State Road 442 said point being on a curve concave to the Southeast, having a radius of 2924.79 feet, a central angle of 2 degrees 53 minutes 52 seconds, and a chord of 147.91 feet bearing South 64 degrees 43 minutes 07 seconds West; thence Southwesterly along said curve, a distance of 1147.92 feet to a point of right-of-way change; thence South 26 degrees '43 minutes 49 seconds East, a distance of 10.00 feet to the point of curvature of a curve concave to the Southeast, having a radius of 2914.79 feet, a central angle of 13 degrees 19 minutes 00 seconds, and a chord of 675.93 feet bearing South 56 degrees 36 minutes 41 seconds West; thence Southwesterly along said curve, a distance of 677.45 feet to the point of tangency of said curve; thence South 49 degrees 57 minutes 11 seconds West, a distance of 3098.06 feet to a point on the centerline of Hide-a-way Lane, a private road easement; thence North 21 degrees 06 minutes 40 seconds West along said centerline, a distance of 489.65 feet; thence departing said centerline South 69 degrees 38 minutes 30 seconds West, a distance of 589.31 feet; thence South 21 degrees 06 minutes 40 seconds East, a distance of 670.17 feet to a point on the North line of State Road 442 said point being on a curve concave to the Northwest, having a radius of 2814.79 feet, a central angle of 8 degrees 17 minutes 12 seconds, and a chord of 406.74 feet bearing " , \ Exhibit A Page 1 of 3 .... ...." South 62 degrees 09 minutes 17 seconds West; thence Southwesterly along said curve, a distance of 407.10 feet to a point of right-of-way change; thence North 23 degrees 42 minutes 07 seconds West, a distance of 10.00 feet to the point of curvature of a curve concave to the Northwest, having a radius of 2804.79 feet, a central angle of 2 degrees 09 minutes 18 seconds, and a chord of 105.49 feet bearing South 67 degrees 22 minutes 32 seconds West; thence Southwesterly along said curve, a distance of 105.49 feet to the point of tangency of said curve; thence South 68 degrees 27 minutes 11 seconds West, a distance of 914.81 feet; thence departing said North line of State Road 442 South 21 degrees 07 minutes 05 seconds East along the Easterly line of lot 4 and its Northerly prolongation, Model Land Company Subdivision, as recorded in Map Book 5, page 187 of the Public Records of Volusia county, Florida, a distance of 1310.80 feet to the Southeast corner of said Lot 4; thence South 69 degrees 38 minutes 30 seconds West along the Southerly line of Lots 4, 3 and 2 of said Model Land Company Subdivision, a distance of 1050.00 feet to the Southwest corner of said Lot 2; thence North 21 degrees 07 minutes 05 seconds West along the Westerly line of said Lot 2 and its Northerly prolongation, a distance of 1279.02 feet to a point on the North line of State Road 442; thence South 68 degrees 27 minutes 11 seconds West along said North line, a distance of 866.23 feet to the point of curvature of a curve concave to the North, having a radius of 1859.86 feet and a central angle of 10 degrees 39 minutes 52 seconds; thence Westerly along said curve, a distance of 346.18 feet; thence South 79 degrees 06 minutes 53 seconds West, a distance of 87.67 feet; thence North 18 degrees 02 minutes 49 seconds West, a distance of 62.97 feet; thence South 71 degrees 56 minutes 48 seconds West, a distance of 99.88 feet; thence departing said North line of State Road 442 North 17 degrees 58 minutes 53 seconds West, a distance of 4039.91 feet to a point on the North line of U. S. Lot 4, Section 5, Township 18 South, Range 34 East; thence South 88 degrees 12 minutes 37 seconds West along said North line, a distance of 756.17 feet to the Northwest corner of said U. S. Lot 4; thence North 0 degrees 28 minutes 08 seconds East along the West line of said Section 5, a distance of 1342.03 feet; thence departing said West line South 87 degrees 29 minutes 46 seconds West, a distance of 49.85 feet; thence South 0 degrees 28 minutes 47 seconds West and parallel to the said West line of Section 5, a distance of 1340.83 feet; thence South 24 degrees 24 minutes 36 seconds East, a distance of 4495.22 feet to a point on the South line of State Road 442; thence South 89 degrees 41 minutes 55 seconds West along said South line, a distance of 74.87 feet; thence departing said South line South 0 degrees 13 minutes 04 seconds East, a distance of 175.00 feet; thence South 89 degrees 46 minutes 56 seconds West, a distance of 175.00 feet; thence North 0 degrees 15 minutes 04 seconds West, a distance of 257.86 feet to a point on the North line of section 8, Township 18 South Range 34 East; thence South 89 degrees 49 minutes 00 secondsiWest along said North line of Section 8, a distance of 1608.50 feet to the Northeast corner of Section 7, Township 18 South, Range 34 East; thence North 89 degrees 45 minutes 02 seconds West along the North line of said section 7, a distance of 5965.00 feet to the Northwest corner of said section 7; thence South 1 degree 28 minutes 17 seconds East along the West line of said Section 7, a distance of 5301.95 feet to the Southwest corner of said Section 7; thence South 89 degrees 45 minutes 12 seconds East along the South line of said Section 7, a distance of 5930.70 feet to the Southwest corner of Section 8 aforesaid; thence North 89 degrees 20 minutes 54 seconds East along the South line of said section 8, a distance of 2641.31 feet to the South quarter corner of said Section 8; thence North 1 degree 06 minutes 19 seconds West along the centerline of said ~ ~ Exhibit A Page 2 of 3 ,.., .... Section 8, a distance of 2643.04 feet to the center of said Section 8; thence continuing along the centerline of said Section 8 North 1 degree 02 minutes 59 seconds West, a distance of 1320.00 feet to the Southwest corner of Lot 1 Model Land Company Subdivision, as recorded in Map Book 5, page 188 of the Public Records of Volusia County, Florida; thence East along the South line of Lots 1 through 4 and its Easterly prolongation, a distance of 2650.00 feet to a point which is 10 feet East of the West line of section 9, Township 18 South, Range 34 East; thence North and parallel to said West line of Section 9, a distance of 1258.83 feet to a point on the South line of the Samuel Betts Grant; thence North 69 degrees 38 minutes 30 seconds East, a distance of 3100.17 feet; thence departing the South line of said Samuel Betts Grant North 21 degrees 07 minutes 05 seconds West, a distance of 622.50 feet; thence North 69 degrees 38 minutes 30 seconds East, a distance of 700.00 feet; thence North 21 degrees 07 minutes 05 seconds West, a distance of 622.50 feet; thence North 69 degrees 38 minutes 30 seconds East, a distance of 1050.00 feet; thence South 21 degrees 07 minutes 05 seconds East, a distance of 199.74 feet; thence North 69 degrees 38 minutes 30 seconds East, a distance of 350.00 feet; thence South 21 degrees 07 minutes 05 seconds East, a distance of 1045.26 feet to a point on the South line of the Samuel Betts Grant; thence North 69 degrees 38 minutes 30 seconds East along said South line, a distance of 428.32 feet to a point on the West edge of an existing shell road ( Air Park Road ); thence departing said South line South 20 degrees 21 minutes 30 seconds East, a distance of 40.00 feet to the point of curvature of a curve concave to the Northeast, having a radius of 65.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence Southeasterly along the arc of said curve a distance of 102.10 feet to the point of tangency of said curve; thence. North 69 degrees 38 minutes 30 seconds East, a distance of 128.77 feet to a point on the West line of Florida Shores unit No. 15 aforesaid; thence North 21 degrees 06 minutes 41 seconds West along said West line, a distance of 30.00 feet; thence departing said West line South 69 degrees 38 minutes 30 seconds West, a distance of 128.38 feet to the point of curvature of a curve, concave to the Northeast, having a radius of 35.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence Northwesterly along the arc of said curve, a distance of 54.98 feet to the point of tangency of said curve; thence North 20 degrees 21 minutes 30 seconds West, a distance of 40.00 feet to a point on the South line of the Samuel Betts Grant; thence North 69 degrees 38 minutes 30 seconds East along said South line, a distance of 10.00 feet to the POINT OF BEGINNING; said described tract containing 1,413.42 acres (61,568,556.94 square feet), more or less. /~tdm ~~~ Ronald W.'Lucas, FL. PLS4165 927 S. Ridgewood Ave. Unit A5 Edgewater, FL 32132 (904) 423-7741 FOURTH REVISION DATE: 9/13/94 PREPARED BY: '" ." Exhibit A Page 3 of 3 ..... '~ook: 3973 "fE'age: 2693 Diane M. Matousek Volusia County, Clerk of Court " -z; YV ~"$ \\ j ~ () ~ t) l) 1 ~ \I 'i --:i. o/J \~ 0 ~ It rl ~ .;J. - ~ -:t. ~ :2. " '2 -4 " ~ ~ ~ & \U 1: ~ \{) :J ~ ~. ~ ~ 0(' I!j ~~ \) IJ) l\... [1 (\ VI }: r j t \J i. g "3}:- \\J~ 2cS C\2 w~ ~. ~?; ~\}. I I i" I I ; ~ is · fI] 1pD€ III (r . II ~ 1\. " l~ Ul :J \1 " Exhibit B 1C'.01~ .'-' BOOK PAGE 3929 '-'2814 VOLUSIA co.. FL t~10 C"- 0'. 0'. ..Jj r~l CIJ 1111 ;LID 001 ~SCRIPTION OF PROPOSED ANNEXATION WEST OF CITY OF EDGEWATER Commence at the Southeast corner of the Samuel Betts grant; thence South 69 degrees 39 minutes 28 seconds West along the south line of said Samuel Betts grant, a distance of 1800.00 feet to a point, said point being the intersection of the northerly extention of the West line of Florida Shores Unit No. 15 (Map Book 19, page 216) with the said South line of the Samuel Betts grant; thence continue along said south line South 69 degrees 38 minutes 30 seconds West, a distance of 152.39 feet to the easterly line of Air Park Road, being a 50 foot. road as now laid out, said point being the Point of Beginning of this description; thence North 23 degrees 24 minutes 10 seconds West along the said easterly line of Air Park Road, a distance of 1818.26 feet; thence continue along said easterly line North 07 degrees 20 minutes 18 seconds West, a distance of 301.85 feet; thence continuing along said easterly line North 0 degrees 39 minutes 49 seconds West, a distance of 250.09 feet; thence departing said line South 69 degrees 38 minutes 30 seconds West, a distance of 360.07 feet; thence North 21 degrees 06 minutes 40 seconds West, a distance of 316.82 feet to a point in the South line of State Road 442; thence North 69 degrees 02 minutes 06 seconds East (N 68d 48m 55s E per D.O.T. map), a distance of 225.38 feet; thence departing said line North 21 degrees 06 minutes 40 seconds West along the East line of Lot 38 of the Assessor's Subdivision of the Samuel Betts grant (Map book 3, page 153) , a distance of 399.97 feet; thence South 69 degrees 38 minutes 30 seconds West along the North line of said Lot 38 a distance of 381.00 feet; thence South 21 degrees 06 minutes 40 seconds East, a distance of 288.23 feet to a point in the North line of said State Road 442 said point being the point of curvature of a non-tangent curve, concave to the Southeast, having a radius of 2924.79 feet, a central angle of 2 degrees 53 minutes 52 seconds, and a chord of 147.91 feet bearing South 64 degrees 43 minutes 07 seconds West; thence Southwest along said curve, a distance of 147.92 feet; thence South 26 degrees 43 minutes 49 seconds East, a distance of 10.00 feet to the point of curvature of a non-tangent curve, concave to the Southeast, having a radius of 2914.79 feet, a central angle of 13 degrees 19 minutes 00 seconds, and a chord of 675.93 feet bearing South 56 degrees 36 minutes 41 seconds West; thence Southwest along said curve, a distance of 677.45 feet; thence South 49 degrees 57 minutes 11 seconds West (S 49d 52m 10s W per D.O.T. map), a distance of 3098.06 feet; thence departing the North line of Sate Road 442 North 21 degrees 06 minutes 40 seconds West, a distance of 489.65 feet; thence South 69 degrees 38 minutes 30 seconds West, a distance of 589.31 feet; thence South 21 degrees 06 minutes 40 seconds East, a distance of 670.17 feet to a point in the North line of said State Road 442 said point being the point of curvature of a non-tangent curve, concave to the Northwest, having a radius of 2814.79 feet,. a central angle of 8 degrees 17 minutes 12 seconds, and a chord of 406.74 feet bearing South 62 degrees 09 minutes 17 seconds West; thence Southwest along said curve, a distance of 407.10 feet; thence North 23 degrees 42 minutes 07 seconds West, a distance of 10.00 feet to the point of curvature of a non-tangent curve, concave to the Northwest, having a radius of 2804.79 feet, a central angle of 2 degrees 09 minutes 18 seconds, and a chord of 105.49 feet bearing South 67 degrees 22 minutes 32 seconds West; thence Southwest along said curve, a distance of 105.49 feet; Exhibit A Page 1 of 3 ..... BOOK "AGE 3929 ~15 VOLUSIA CO.. FL t~jM t-- 0'. 0'.- -.D r~jN . .... ~/J) OOl Orc; ~nce South 68 degrees 27 minutes 11 seconds West (S 68d 22m 10s W per D.O.T. map), a distance of 920.02 feet; thence departing the North line of State Road 442 South 21 degrees 22 minutes 49 seconds East along the East line of Lot 4, Model Land Company (Map Book 5, page 187) and its northerly prolongation, a distance of 1330.22 feet to the Southeast corner of said Lot 4 and the South line of the Samuel Betts grant; thence South 69 degrees 27 minutes 36 seconds West along the South line of the Samuel Betts grant, a distance of 1050.00 feet; thence North 21 degrees 22 minutes 49 seconds West along the West line of Lot 2 of the said Model Land Company and its northerly prolongation, a distance of 1301.77 feet to a point in the North line of State Road 442; thence South 68 degrees 27 minutes 11 seconds West ( S 68d 22m 10s per D.O.T. map), a distance of 861.11 feet to the point of curvature of a tangent curve, concave to the North, having a radius of 1859.86 feet and a central angle of 10 degrees 39 minutes 52 seconds; thence West along said curve, a distance of 346.18 feet; thence South 79 degrees 06 minutes 53 seconds West, a distance of 87.67 feet; thence North 18 degrees 02 minutes 49 seconds West, a distance of 62.97 feet; thence South 71 degrees 56 minutes 48 seconds West, a distance of 99.88 feet; thence departing the North line of State Road 442 North 17 degrees 58 minutes 53 seconds West, a distance of 4039.91 feet to a point in the North line of U.S. Lot 4, Section 5, Township 18 South, Range 34 East; thence South 88 degrees 12 minutes 37 seconds West along said North line to the Northwest corner of said Lot 4, a distance of 756.17 feet; thence North 0 degrees 28 minutes 08 seconds East along the West line of said Section 5, a distance of 1342.03 feet; thence South 87 degrees 29 minutes 46 seconds West, a distance of 49.85 feet; thence South 0 degrees 28 minutes 47 seconds West and parallel to the West line of said Section 5, a distance of 1340.83 feet; thence South 24 degrees 24 minutes 36 seconds East, a distance of 4495.22 feet to a point in the South line of State Road 442; thence South 89 degrees 41 minutes 55 seconds West along said South line, a distance of 74.87 feet; thence departing said South line South 0 degrees 13 minutes 04 seconds East, a distance of 175.00 feet; thence South 89 degrees 46 minutes 56 seconds West, a distance of 175.00 feet; thence North 0 degrees 15 minutes 04 seconds West, a distance of 257.86 feet to a point in the North line of Section 8, Township 18 South, Range 34 East; thence South 89 degrees 49 minutes 00 seconds West along said North line, a distance of 1608.50 feet to the Northeast corner of Section 7, Township 18 South, Range 34 East; thence North 89 degrees 45 minutes 02 seconds West along the North line of said Section 7, a distance of 5965.00 feet to the Northwest corner of said Section 7; thence South 1 degree 28 minutes 17 seconds East along the West line of said Section 7, a distance of 5301.95 feet to the Southwest corner of said Section 7; thence South 89 degrees 45 minutes 12 seconds East along the South line of said Section 7, a distance of 5930.70 feet to the' Southwest corner of Section 8 aforesaid; thence North 89 degrees 20 minutes 54 seconds East along the South line of said Section 8, a distance of 2641.31 feet to the South quarter corner of said Section 8; thence North 1 degrees 06 minutes 19 seconds West along the centerline of said Section 8, a distance of 2643.04 feet to the center of said Section 8; thence continue along the centerline of said Section 8 North 1 degrees 02 minutes 59 seconds West, a distance of 1320.00 feet; thence North 90 degrees 00 minutes 00 seconds East along the South line of Lots 1, 2, 3, and 4, Model Land company and its easterly prolongation, a distance of 2650.00 feet; thence North 0 degrees 00 minutes 00 seconds East Exhibit A Page 2 of 3 "'- BOOK PAGE 3929 "2816 VOLUSIA CO..FL , . ~'1 ('oJ t--O' 0\ -..D t~'1 N , , /'T , t(. II II .' ..,1'"-- of. ~ong the East line of the West 10 ~~ ~. ti5ts. Lot 1, Section 9, o:rownship 18 South, Range 34 East,a'..':h@tan,ce./of 1239.81 feet to a iIlts;2int in the South line of the Sa~l..~~tts, "grant; thence North 69 degrees 27 minutes 36 seconds East; c;\;~istC)lhce of 3751.65 feet; thence departing said South line North ~i degree$ 22 minutes 49 seconds West, a distance of 1245.00 feet; thence'" Nprt11, "69 degrees 27 minutes 22 seconds East, a distance of 1111.64 feQt~ thence South 21 degrees 07 minutes 05 seconds East, a distance of 199.74 feet; thence North 69 degrees 15 minutes 37 seconds East, a distance of 349.88 feet; thence South 21 degrees 04 minutes 55 seconds East, a distance of 1045.15 feet to a point in the South line of the Samuel Betts grant; thence North 69 degrees 38 minutes 30 seconds East, a distance of 428.32 feet to a point on the West edge of an existing shell road (Air Park Road); thence the next three courses along the West and South edge of said shell road, South 20 degrees 21 minutes 30 seconds East, a distance of 40.00 feet to the point of curvature of a tangent curve, concave to the Northeast, having a radius of 65.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence Southeastly along said curve, a distance of 102.10 feet; thence North 69 degrees 38 minutes 30 seconds East, a distance of 128.77 feet to a point on the West line of Florida Shores Unit No. 15 aforesaid; thence North 21 degrees 06 minutes 41 seconds West along said West line, a distance of 30.00 feet; thence the next three courses along the North and East edge of the aforesaid shell road, South 69 degrees 38 minutes 30 seconds West, a distance of 128.38 feet to the point of curvature of a tangent curve, concave to the Northeast, having a radius of 35.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence Northwest along said curve, a distance of 54.98 feet; thence North 20 degrees 21 minutes 30 seconds West, a distance of 40.00 feet to a point in the South line of the Samuel Betts grant; thence North 69 degrees 38 minutes 30 seconds East along said South line, a distance of 10.00 feet to the POINT OF BEGINNING; said described tract containing 1,423.94 acres, more or less. PREPARED BY: ~~/R ~<'~ Ronald W. Lucas, FL. PLS4165 927 S. Ridgewood Ave. Unit A5 Edgewater, FL. 32132 (904) 423-7741 DATE: 6/1/94 Exhibit A Page 3 of 3 BOOK PAGE ~ 3929 .....;2817 . VOLUSIA co.. FL ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ~ day of J...l m ~) , 1994, by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, 104 N. Riverside Drive, Edgewater, Florida 32132, ( hereinafter referred to as "City"); and BAILEY & HELEN LOVELL, 2176 Air Park Road, Edgewater, Florida 32141-6911 (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 1.90 acres located on Air Park Road. 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 A-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. The City agrees to create a land use designation that shall be known as Rural Residential. The purpose of this designation is to (annexation\western.lovell) February 11, 1994 1 Exhibit C BOOK PAGE ....... 3 9 2 9 2~ 8 VOLUSIA co.. FL accommodate landowners who desire a semi-rural environment in close proximi ty to urban facilities and services. Homesi tes smaller than one (1) acre shall not be permitted under this designation. The keeping of livestock for noncommercial purposes will be permitted. 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 indiv~dual 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 (annexation\western.lovell) February 11, 1994 2 Exhibit C '-" BOOK 3929 VOLUSIA CO..FL regulat10n or ordinance, PAGE ~819 any existing City resolution, this Agreement shall control. However, all other applicable City ordinances in effect at the time of execution of this Agreement continue to apply. Further, the failure of this Agreement to address a particular permit, condition, term or restriction shall not forgive the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. (annexation\western.lovell) February 11, 1994 3 Exhibit C BOOK PAGE 029 2820 VOLUSIA CO..FL ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. W2rworth ack H. Rd an, Se City Clerk ayor Dated: l ' APP D FOR FORM AND ORRECTNESS: �� r A, r e a A. Storey City Attorney Witnessed by: OWNER: Bailey �6vell _. I1 •.1 Witness nembd typed ��- �--- � Hele¢ Low—' Witness d& d typed STATE OF COUNTY OF ,The foregoing instrument was acknowledged before me this QH day of Fe,i��un rr. , 1994, by BAILEY and HELEN LOVELL, who are personal known to me or who has produced as identification and who did (did not) take an oath. (annexation\vestern.lovell) February 11, 1994 4 Exhibit C ..... BOOK PAGE 3~9 2821 VOLUSIA CO.. FL EXHIBIT "A" LEGAL DESCRIPTION A parcel of land lying in part of Lot 21 and part of Lot 22, Model Land Company Subdivision as shown on map in Map Book 5, Page 187 of the Public Records of Volusia County, Florida, all lying Westerly of Air Park Road (County Road), a 50 foot right-of-way as now laid out and being more particularly described as follows: Commence at a concrete monument being the Southeast corner of Lot 22 aforesaid; thence S 69038'30"W along the South line of the said Model Land Company Subdivision for a distance of 169.23 feet to the West right-of-way of Air Park Road aforementioned for the Point of Beginning; thence continuing along said last mentioned line S 69038'30"W for a distance of 418.32 feet; thence N 21007'05"W for a distance of 199.74 feet; thence N 69038'30"E and parallel to the South line of Model Land Company Subdivision for a distance of 410.35 feet to the West right-of-way of said Air Park Road; thence S 23024'10"E along the West right-of-way of said Air Park Road for a distance of 200 feet to the Point of Beginning. Also known as Parcel 6, Stanley Acres. (annexation\western.lovell) February 11, 1994 5 Exhibit C '-' BOOK PAGE 39c. 2822 VOLUSIA co.. FL EXHIBIT "B" Art. VII VOLUSIA COUNTY CODE Art. VII Mi~lUm yard size: F~t yard: 50 feet. Rear ~d: 50 feet. Side yatd: , Abutti'ng- any lot: 25 feet. (Ord. No. 81-39, !? VI, 11-19-81) Abutting~py street: 50 feet. . . Waterfront yard~~O feet or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, ~ X1:q, 12-9-82; Ord. No. 90-34, ~ 10, 9-27-90) , " Maximum building height: 4-Q feet. (Ord. No. 92-6, ~ XII, 6-4-92) " " J.{aximu111 lot coverage: The totuUot area covered with principal and accessory buildings '0 shall not exceed 35 percent. ' Minimum floor area: 750 square feet. rOrp. No. 81-39, 1? VI, 11-19-81; Ord. No. 84-1, !? V, 3-8-84) / .. I OfrStreet Par/ling and Loading Requ~remenis: QlT-street parking and loading areas meeting the requirements of sections 810.00 nnd 811.00 sIlaH be constnlcted. (Ord. No. 90-34, ~ 10, 9-27-90) Shirting Requirement for Mobjle Home Dwelling: The area between the ground and Door / of the mobile home dwelling shan be enclosed with skirting. (Ord. No. 84-1, 1? V, 3-8-84) Types of Signs Permitteq// " Ground signs (refer to/s'ection 822.00 et seq. for additional regu'tn.tions). (Ord. No. 86-16, 1? IX, 10-23-86) / ,/ Projecting sign.s ~fer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-2~6) Temporary s~ns (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, MX, 10-23-86) The purpose and intent of the A-3 Transitional Agriculture Classification is to preserve and protect small farms for personal and limited agricultural production or to provide a transitional agricultural zone between more intensive agricultural Use areas and residential areas. It is intended that this classification be applied to properties which are within a des- ignated rural community, to preserve existing agricultural uses in urban areas as depicted by the comprehensive plan, or to properties so as to coincide with the existing character of an area in a manner consistent with the comprehensive plan. (Ord. No. 90-34, ~ 11, 9-27-90) A-3 TRANSITIONAL AGRICULTURE CLASSIFICATION'" Permitted Principal Uses and Structures: In the A-3 Transitional Agriculture Classifica- tion, no premises shall be used except for the fOllowing Uses and their customary accessory Uses or structures. (Ord. No. 90-34, !i It 9-27-90) . "'Editor's note-Section 11 of Ord. No. 90-34, adopted Sept. 27, 1990, changed the title of the A-3 classification from "Limited Agriculture" to "Transitional Agriculture. " SuPp. No. 65 46 6 Exhibit C ..... BOOK PAGE 392~ 2823 VOL USIA co.. FL EXHIBIT "B" Art. VII APPENDIX B-ZONING ORDINANCE Art. VII Except for those permitted special exceptions listed hereunder, all agricultural pursuits, including the processing, packaging, storage and sale of agriculture products which are raised on the premises. (Ord. No. 84-1, ~ VI, 3-8-84) Apiaries. Aviaries. 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 VIII of the Land Development Code of Vol usia County [appendix AI and/or final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11, 9-27.90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, !? VI, 6-8-89; Ord. No. 90-34, !? 11, 9-27-90) Fire stations. (Ord. No. 92.6, ~ XIII, 6-4-92) Hobby breeder. (Ord. No. 92-6, ~ XIII, 6.4-92) Home occupations, class A. Parks and recreation areas accessory to residential developments. Pisciculture. Public schools. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned parks and recreational areas. (Ord. No. 92-6, !? XIII, 6-4.92) Publicly owned or regulated water supply wells. (Ord. No. 92-6, ~ XIII, 6-4-92) Single-family standard or manufactured dwelling. (Ord. No. 84-1, !? VI, 3-8-84) Tailwater recovery systems. (Ord. No. 82-20, ~ V, 12-9-82) Worm raising. 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, ~ II, 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, ~ 11, 9-27-90) Dairies and dairy products (minimum parcel size requirement of five acres). Day care centers (refer to section 817.00(0). (Ord. No. 90-34, ~ 11, 9-27-90) Excavations only for stormwater retention ponds for which a permit is required by this ordinance. (Ord. No. 84-1, ~ VI. 3-8-84; Ord. No. 89-20, ~~ VII, IX, 6-8-89) Garage apartments. Group home (refer to section 817.00(1)). (Ord. No. 90-34, ~ 11, 9-27-90) Hog farms (minimum parcel size requirement of 2.5 acres). Home occupations, class B (refer to section 807.00). Houses of worship and cemeteries (refer to section 817.00(d)). Kennels. Livestock feed lots (minimum parcel sii~ requirement of five acres). Nursing homes, boardinghouses approved and licensed by the appropriate state agency (refer to section 817.00(1)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90-34, !? 11, 9.27-90) Supp. No. 65 47 7 Exhibit C '-' BOOK PAGE 392~ 2824 VOLUSIA CO.. FL EXHIBIT "B" Art. VII VOLUSIA COUNTY CODE Art. VII Off-street parking areas (refer to section 817.00(n)). (Ord. No. 84-1, ~ I, 3-8-84; Ord. No. 90-34, ~ 11, 9-27-90) Poultry farms (minimum parcel size requirement of 2.5 acres). Private clubs (refer to section 817.00(m)). (Ord. No. 84-1, !} VI, 3-8-84; Ord. No. 90-34, !} 11, 9-27-90) Processing, packaging, storage, retail or wholesale sales of agricultural products not raised on the premises. Public uses not listed as a permitted principal use. (Ord. No. 92-6, ~ XlII, 6-4-92) Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84-1, ~ III, 3-8-84) Recreational (refer to section 817.00(c)). (Ord. No. 92-6, !} XlII, 6-4-92) Riding stables (minimum parcel size requirement of five acres). (Ord. No. 82-20, !} V, 12-9-82) Sanitary landfill, class III only (refer to section 817.00(p)), minimum parcel size of 10 acres). (Ord. No. 90-34, !} 11, 9-27-90) Schools, parochial and private (refer to section 817.00(d)). Single-family mobile home dwelling with a minimum Ooor area of 480 square feet as a temporary residence while building a standard or manufactured dwelling (maximum duration of 18 months). (Ord. No. 81.39, !} VII, 11.19-81; Ord. No. 84-1, !} VI, 3-8-84) Temporary campsites for 3 days before, during and 3 days after any regularly scheduled racing event at the Daytona Beach International Speedway during the month of March on condition that security, portable toilets, garbage disposal and potable water facilities sufficient to accommodate all occupants are provided. Sales of products are permitted at said campsites. (Ord. No. 87-14, !} II, 6-18-87) Wholesale or retail fertilizer sales. (Ord. No. 85-25, !} IV, 10-10-85) Dimensional Requirements: Minimum lot size: Area: 1 acre. Width: 150 feet. Minimum yard size: Front yard: 40 feet Rear yard: 40 feet Side yard: Abutting any lot: 25 feet. (Ord. No. 81-39, ~ VIII, 11-19-81) Abutting any street: 40 feet. Waterfront yard: 40 feet or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, ~ XlII, 12-9-82: Ord. No. 90-34, ~ 11, 9-27-90) Maximum building height: 55.feet. Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed 35 percent. Supp. No. 65 48 8 Exhibit C EXHIB;I;-T ,jB" ~li,' BOOK PAGE 3929"'" 2825 'IOLUS\A co.. FL ...... .-' Art. VII APPENDIX B-ZONING ORDINANCE Art. VII Minimum floor area: 1,000 square feet. (Ord. No. 81-39, ~ VII, 11-19-81; Ord. No. 84-1, ~ VI, 3-8-84) Off-Street Parking and Loading Requirement: Off-street parking and loading areas meeting the requirements of sections 810.00 and 811.00 shall be constructed. COrd. No. 90.34, ~ 11, 9-27-90) Skirting Requirement for Mobile Home Dwelling: The area between the ground and floor of the mobile home dwelling shall be enclosed with skirting. (Ord. No. 84.1, 9 VI, 3-8-84) Types of Signs Permitted: Ground signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, S IX, 10-23-86) Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86.16, ~ IX, 10-23-86) Temporary signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) RR RURAL RESIDENTIAL CLASSIFICATION Purpose and Intent: The purpose and intent of the RR Rural Residential Classification is to provide for develhpment, in a manner which is consistent with the comprehensive plan, in rural areas of the co~ty. (Ord. No. 90-34, 9 13, 9-27-90) " Permitted Principal Uses and Structures: In the RR Rural Residential Classification, no premises shall be used except for the following Uses and their customary accessory uses or structures: Essential utility services. (Ord. No. 84-1, 9 III, 3-8-84) Exempt excavations (refer to section 817.00(0)) and/or those which comply with article VIII of the Land Development Code of Vol usia County [appendix AI and/or final site plan review procedures of this ordinance. (Ord.,No. 84-1, sIll, 3-8-84; Ord. No. 89-20, S VI, 6-8-89; Ord. No. 90-34, 9 13, 9-27-90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20 9 VI, 6-8-89; Ord. No. 90-34, 9 13, 9-27-90) Fire stations. (Ord. No. 92-6, ~ XIV, 6-..1-92) Hobby breeder. (Ord. No. 92-6, 9 XIV, 6-4-92) Home occupations, class A (refer to section 807.00). Parks and recreation areas acce!}Sory to residential developments. Public schools. (Ord. No. 92-6, gXlV, 6-4-92) Publicly owned parks and recreational areas. (Ord. No. 92:6, 9 XlV, 6-4-92) Publicly owned or regulated/water supply wells. (Ord. No. 92-6, 9 XIV, 6-4-92) Raising of crops and keeP,lng of animals for personal use (not for resale), accessory to a single-family dweJ4rig. The personal use restriction is not intended to apply to 4-H, FF A or similaz: eticational projects. Single-family stan~d or manufactured dwelling. (Ord. No. 84-1, sIX, 3-8-84) Supp. No. 65 49 9 Exhibit C ANNEXATION AGREEMENT BOOK PAGE 3'~9 2826 VOLUSIA co.. FL ........ THIS AGREEMENT made and entered into this lo-t:)) day of o 1m Q) ,1994, 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 MERLENE WHEELER, 2100 Air Park Road, Edgewater, Florida 32141-6911 (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 1.99 acres located on Air Park Road. 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 A-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. The City agrees to create a land use designation that shall be known as Rural Residential. The purpose of this designation is to (annexation\western.wheeler) February 11, 1994 1 Exhibit D BOOK PAGE ~ 3929 282,-, VOLUSIA CO.. FL accommodate landowners who desire a semi-rural environment in close proximity to urban facilities and services. Homesites smaller than one (1) acre shall not be permitted under this designation. The keeping of livestock for noncommercial purposes will be permitted. 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 (annexation\western.wheeler) February 11, 1994 2 Exhibit D '-" BOOK PAGE 3~9 2828 VOLUSIA co.. FL ordinance, this any existing City resolution, regulation or Agreement shall control. However, all other applicable City ordinances in effect at the time of execution of this Agreement continue to apply. Further, the failure of this Agreement to address a particular permit, condition, term or restriction shall not forgive the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. (annexation\western.wheeler) February 11, 1994 3 Exhibit D BOOK PAGE K 2 9 2829 VOLUSIA CO.. FL ATTEST: Susan S.-Vradsworth . pity„�lenk; Witnessed by: 6ethann 2o6Ln4on Witness named typed STATE OF COUNTY OF y CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: ck H. Ha a, Sr. ayor Dated: S` APP ED FOR FORM AND CORRECTNESS: ' 'A' L� e a A. Storey City Attorney OWNER: MIA Uko W Yu lQ 1A Merl ne Wheeler The foregoing instrument was acknowledged before me this a -lh day of , 1994, by MERLENE WHEELER, who IS personally kn rn to me or who has produced D, L. F'L LU vA n-.SKy-3c- 7l7— as identification and who did (did not) take an oath. Notary Public l(laa�.a rtet iLnneatyp Notary name ed Seal/Stamp: My. Comm Evhs Ppl. IO, INS No. CCIm717 (annexation\western.wheeler) February 11, 1994 Exhibit D "-' BOOK PAGE 3:';9 2830 VOLUSIA co.. FL EXHIBIT "A" LEGAL DESCRIPTION A parcel of land lying in part of Lot 21 and part of Lot 22 of Model Land Company Subdivision, as shown on map in Map Book 5, Page 187 of the Public Records of Volusia County, Florida, all lying Westerly of Air Park Road (County Road), a 50 foot right-of-way as now laid out and being more particularly described as follows: Commence at a concrete monument being the Southeast corner of Lot 22, aforesaid; thence South 69038'30" West along the South line of the said Model Land Company Subdivision for a distance of 169.23 feet to the West right-of-way line of Air Park Road, aforementioned; thence North 23024' 10" West along the said Westerly right-of-way line of Air Park Road, a distance of 623.33 feet for the Point of Beginning, said point being the centerline of a 60 foot road and utility easement; thence South 69038'30" West, along the said centerline a distance of 393.47 feet; thence North 21007'05" West, a distance of 223.02 feet; thence North 69038'30" East a distance of 384.56 feet to the said Westerly right-of-way line of Air Park Road; thence South 23024'10" East, a distance of 223.33 feet to the Point of Beginning. Also known as Parcel 3 of Stanley Acres, Phase I. (annexation\western.wheeler) February 11, 1994 5 Exhibit D ..... aOOK PAGE 3929 ---,2831 VOLUSIA co.. FL EXHIBIT "B" Art. VII VOL USIA COUNTY CODE Art. VII Minimum yard size: Front yard: 50 feet. Rear yard: 50 feet. Side yard: Abutting any lot: 25 feet. (Ord. No. 81-39, S VI, 11-19-81) Abutting any street: 50 feet. Waterfront yard: 50 feet or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, S XlII, 12-9-82; Ord. No. 90-34, ~ 10, 9-27-90) Maximum building height: 45 feet. (Orel. No. 92-6, S XII, 6-4-92) ].{aximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed 35 percent. Minimum /Zoor area: 750 square feet. (Ord. No. 81-39, S VI, 11-19-81; Ord. No. 84-1, S V, 3-8-84) OfrStreet Par/ling and Loading Requirements: Orr-street purking und loading ureus meeting the requirements of sections 810.00 and 811.00 shall be constructed. (Ord. No. 90-34, S 10, 9-27-90) Shirting Requirement for Mobile llome Dwelling: The area between the ground und Door of the mobile home dwelling shall be enclosed with skirting. (Ord. No. 84-1, ~ V, 3-8-84) Types of Signs Permitted: Ground signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, S IX, 10-23-86) Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, sIX, 10-23-86) Temporary signs (refer to section 822.00 et scq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) The purpose and intent of the A-3 Transitional Agriculture Classification is to preserve and protect small farms for personal and limited agricultural Pl'oduction or to provide a transitional agricultural zone between more intensive agricultural use areas and residential areas. It is intended that this classification be applied to properties which are within a des- ignated rural community, to preserve existing agricultural uses in urban areas as depicted by the comprehensive plan, or to properties so as to coincide with the existing character of an area in a manner consistent with the comprehensive plan. (Ord. No. 90-34, ~ 11, 9-27-90) A-3 TRANSITIONAL AGRICULTURE CLASSIFICATION'" Permitted Principal Uses and Structures: In the A-3 Transitional Agriculture Classifica- tion, no premises shall be used except for the following Uses and their customary accessory uses or structures. (Ord. No. 90-34, !i ll, 9-27-90) _ "'Editor's note-Section 11 of Ord. No. 90.34, adopted Sept. 27, 1990, changed the title of the A-3 classification from "Limited Agriculture" to "Transitional Agriculture. " SuPp. No. 65 46 6 Exhibit D '-" BOOK PAGE 3~9 2832 VOLUSIA co.. FL EXHIBIT "B" Art. VlI APPENDIX B-ZONING ORDINANCE Art. VII Except for those permitted special exceptions listed hereunder, all agricultural pursuits, including the processing, packaging, storage and sale of agriculture products which are raised on the premises. (Ord. No. 84-1, ~ Vl, 3.8-84) Apiaries. Aviaries. 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 VIII of the Land Development Code of Vol usia County [appendix A] and/or final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, !? 11, 9-27-90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, !? VI, 6-8-89; Ord. No. 90-34, !? 11, 9-27-90) Fire stations. (Ord. No. 92-6, !? XIII, 6-4-92) Hobby breeder. (Ord. No. 92-6, !? XlII, 6-4-92) Home occupations, class A. Parks and recreation areas accessory to residential developments. Pisciculture. Public schools. (Ord. No. 92-6, !? XlII, 6-4-92) Publicly owned parks and recreational areas. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned or regulated water supply wells. (Ord. No. 92-6, ~ XIII, 6-4-92) Single-family standard or manufactured dwelling. (Ord. No. 84-1, ~ VI, 3-8-84) Tailwater recovery systems. (Ord. No. 82-20, ~ V, 12-9-82) Worm raising. 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, ~ 11, 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, ~ 11, 9-27-90) Dairies and dairy products (minimum parcel size requirement of five acres). Day care centers (refer to section 817.00(0). (Ord. No. 90-34, ~ 11, 9-27-90) Excavations only for stormwater retention ponds for which a permit is required by this ordinance. (Ord. No. 84-1, !? Vl. 3-8-84; Ord. No. 89-20, ~~ VII, IX, 6-8-89) Garage apartments. Group home (refer to section 817.00(1)). (Ord. No. 90-34, ~ 11, 9-27-90) Hog farms (minimum parcel size requirement of 2.5 acres). Home occupations, class B (refer to section 807.00)_ Houses of worship and cemeteries (refer to section 817.00(d)). Kennels. . Livestock feed lots (minimu'm parcel siie requirement of five acres). Nursing homes, boardinghouses approved and licensed by the appropriate state agency (refer to section 817.00(1)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90-34, ~ 11, 9-27-90) Supp, No. 65 47 7 Exhibit D ...... BOOK PAGE 3~ 2833 VOL USIA co.. FL EXHIBIT "B" Art. VII VOLUSIA COUNTY CODE Art. VII Off-street parking areas (refer to section 817.00(n)). (Ord. No. 84-1, ~ I, 3-8-84; Ord. No. 90-34, ~ 11, 9-27-90) Poultry farms (minimum parcel size requirement of 2.5 acres). Private clubs (refer to section 817.00(m)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90-34, ~ 11, 9-27-90) Processing, packaging, storage, retail or wholesale sales of agricultural products not raised on the premises. Public uses not listed as a permitted principal use. (Ord. No. 92.6, ~ XlII, 6-4-92) Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84-1, ~ III, 3.8-84) Recreational (refer to section 817.00(c)). (Ord. No. 92-6, ~ XlII, 6-4.92) Riding stables (minimum parcel size requirement of five acres). (Ord. No. 82-20, ~ V, 12-9-82) Sanitary landfill, class III only (refer to section 817.00(p)), minimum parcel size of 10 acres). (Ord. No. 90-34, ~ 11, 9-27-90) Schools, parochial and private (refer to section 817.00(d)). Single-family mobile home dwelling with a minimum floor area of 480 square feet as a temporary residence while building a standard or manufactured dwelling (maximum duration of 18 months). (Ord. No. 81-39, ~ VII, 11-19-81; Ord. No. 84-1, ~ VI, 3-8.84) Temporary campsites for 3 days before, during and 3 days after any regularly scheduled racing event at the Daytona Beach International Speedway during the month of March on condition that security, portable toilets, garbage disposal and potable water facilities sufficient to accommodate all occupants are provided. Sales of products are permitted at said campsites. (Ord. No. 87-14, ~ II, 6-18-87) 'Wholesale or retail fertilizer sales. (Ord. No. 85-25, ~ IV, 10-10-85) Dimensional Requirements: Minimum lot size: Area: 1 acre. Width: 150 feet. Minimum yard size: Front yard: 40 feet Rear yard: 40 feet Side yard: Abutting any lot: 25 feet. (Ord. No. 81-39, ~ VIII, 11-19-81) Abutting any street: 40 feet. Waterfront yard: 40 feet or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, ~ XIII, 12-9-82; Ord. No. 90-34, ~ 11,9-27-90) Maximum building height: 55.feet. Maximum lot couerage: The total lot area covered with principal and accessory buildings shall not exceed 35 percent. Supp. No. 65 48 8 Exhibit D ~ BOOK PAGE ~29 2834 VOL USIA CO.. Fl EXHIBIT "B" : .-' Art. VII APPENDIX B-ZONING ORDINANCE Art. VII Minimum floor ar.ea: 1,000 square feet. (Ord. No. 81-39, ~ VII, 11-19-81; Ord. No. 84-1, ~ VI, 3-8-84) Off-Street Parking and Loading Requirement: Off-street parking and loading areas meeting the requirements of sections 810.00 and 811.00 shall be constructed. (Ord. No. 90-34, ~ 11, 9.27-90) . Skirting Requirement for Mobile Home Dwelling: The area between the ground and floor of the mobile home dwelling shall be enclosed with skirting. (Ord. No. 84-1, ~ VI, 3-8-84) Types of Signs Permitted: Ground signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10.23-86) Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Temporary signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) RR RURAL RESIDENTIAL CLASSIFICATION Purpose and Intent: The purpose and intent of the RR Rural Residential Classification is to provide for development, in a manner which is consistent with the comprehensive plan, in rural areas of the county. (Ord. No. 90-34, ~ 13, 9-27-90) Permitted Princip(J,l Uses and Structures: In the RR Rural Residential Classification, no premises shall be used except for the following uses and their customary accessory uses or structures: Essential utility services. (Ord. No. 84-1, ~ III, 3-8-84) Exempt excavations (refe;"'t(> section 817.00(0)) and/or those which comply with article VIII of the Land Developme~tCode of Volusia County [appendix AI and/or final site plan review procedures of this ordinance. (Ord. No/84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 13, 9.~7-90) / Exempt landfills (refer to section 817.00(p)). JOrd. No. 89-20 ~ VI, 6-8-89; Ord. No. 90-34, ~ 13, 9-27-90) / Fire stations. (Ord. No. 92-6, ~ XIV, 6-~.g2) Hobby breeder. (Ord. No. 92.6, ~ XIV,/6-4-92) Home occupations, class A (refer t9Alection 807.00). Parks and recreation areas accessory to residential developments. I Public schools. (Ord. No. 92-6, ,I XIV, 6-4-92) . I Publicly owned parks and rJlreational areas. (Ord. No. 92-6, ~ XIV, 6-4-92) Publicly owned or regulatltd water supply wells. (Ord. No. 92-6, ~ XIV, 6-4.92) Raising of crops and ke /ing of animals for personal use (not for resale), accessory to a single-family dwe 'ng. The personal use restriction is nDt intended to apply to 4-H, FF A or similar ducational projects. Single-family st ard or manufactured dwelling. (Ord. No. 84-1, ~ IX, 3-8-84) Supp. No. 65 49 9 Exhibit D , ~ ~, " BOOK PAGE 3~9 2835 VOLUSIA CO.. FL '-' ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this Lot-A day of V,LUYU ) , 1994, by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, 104 N. Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as "City"); and PATRICK A. and LANA W. FISHER, 2050 Air Park Road, Edgewater, Florida 32141-6910 (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 1.74 acres located on Air Park Road. 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 A-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. The City agrees to create a land use designation that shall be known as Rural Residential. The purpose of this designation is to (annexation\western.fisher) February 16, 1994 1 Exhibit E .,... BOOK 3929 PAGE 2M VOLUSIA co.. FL accommodate landowners who desire a seml.-rural environment in close proximity to urban facilities and services. Homesites smaller than one (1) acre shall not be permitted under this designation. The keeping of livestock for noncommercial purposes will be permitted. 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 (annexation\western.fisher) February 16, 1994 2 Exhibit E ,... BOOK PAGE 3929 28~1 vnl USIA CO.. FL reg~~at1on or ordinance, this any existing City resolution, Agreement shall control. However, all other applicable City ordinances in effect at the time of execution of this Agreement continue to apply. Further, the failure of this Agreement to address a particular permit, condition, term or restriction shall not forgive the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. (annexation\western.fisher) February 16, 1994 3 Exhibit E BOOK PAGE 3929 2838 VOLUSIA CO..FL ATTEST: Witnessed by: Qethaan 7?06Laaon Witness named typed CLA 4 dy Stone Witness named typed STATE OF COUNTY OF CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Sy: l�r � ack H.:an, S r Dated: �% G AFF D FOR FORM AND RRECTRESS: I �L ista A. 8 oreyu City Attorney SSTS�l;T! C4'�- �' /-'/ - Patr� ehei" r Lana W. Fisher The foregoi g instrument was acknowledged before me this day of ' -�4 , 1994, by PATRICE A. and LANA W. FISHER, who are perrp6nally known to me or who has produced as identification and who did (did "not) an oath. 1 Nota Public /nangnrtet .Lnne2 Notary name typed Exhibit E BOOK PAGE .3929 2b-d9 VOLUSIA co., FL ...., EXHIBIT "A" LEGAL DESCRIPTION Being a parcel of land lying in part of Lot 21 and part of Lot 22, Model Land Company Subdivision, as shown on map in Map Book 5, Page 187 of the Public Records of Volusia County, Florida, all lying westerly of Air Park Road (County Road), a 50 foot right-of-way as now laid out and being more particularly described as follows: Commence at a concrete monument being the southeast corner of Lot 22, aforesaid; thence S 69038'30" W along the south line of said Model Land Company Subdivision for a distance of 169.23 feet to the westerly right-of-way line of Air Park Road aforementioned; thence N 23024'10" W along the said westerly right-of-way line of Air Park Road, a distance of 846.67 feet for the Point of Beginning; thence S 69038'30" W, a distance of 384.56 feet; thence N 21007'05" W, a distance of 199.74 feet; thence N 69038'30" E, a distance of 376.59 feet to the said westerly right-of-way line of Air Park Road; thence S 23024'10" E along said westerly right-of-way line, a distance of 200 feet to the Point of Beginning. (annexation\western.fisher) February 16, 1994 5 Exhibit E . . ..... BOOK PAGE ...A 29 2840 VOLUSIA co.. FL EXHIBIT "B" Art. VII VOLUSIA COUNTY CODE Art. VII Minimum yaiV: size: Front yar~50 feet. Rear yard: 50... feet. Side yard: Abutting any lot: 25 feet. Card. No. 81-39, ~ VI, 11-19-81) Abutting any street: 50 feet. - Waterfront yard: 50 fea~ or the required shoreline buffer, whichever is greater. COrd. No. 82-20, ~ XIII, IZ'9-82; Ord. No. 90-34, ~ 10, 9-27-90) Maximum building height: 45 feet. Card. No. 92-6, S XII, 6-4-92) Maximum 101 coo,rag" Tho to tal Morea covomd will. pd net pol and acco"ory buildi ng' shall not exceed 35 percent. Minimum {loor area, 750 square feet. 10'>,)" No. 81.39. ~ VI. /1.19.81; O,'d. No. 84.1. ~ V, 3-8-84) . Off-S'r,,' Parldng and Loading Requir'menl" OIT"'ree' 1,.,-kIng and loadh'g a,-ea, meeling \ the requlremen" of ,"clion, 810.00 an~'Bll.oO shi>{1 be con"ructed. (Ord. No, 90-34. ~ 10, 9-27-90) / Shirting Requirement (or Mobile/Nome Dwelling: The area between the ground and floor of the mobile home dwelling sholl ~ enclosed with skirting. Card. No. 84-1, ~ V, 3-8-84) I Types of Signs Permitted: / I Gmund ,ign, (refer to sedyin 822.00 at seq. for additional rel;Olalions). (Ord. No, 85-15. ~ IX, 10-23-86) / \ Projecting ,Ign, (ref or '7,edion 822_00 et 'oq, fOr additional re";lJotion,). (0 ,'d. No. 86-16, sIX, 10-23-86) / . Temporary signs (r~r to section 822.00 et scq. for additional r~f{ulations). Card. No. 86-16, ~ IX,1f23-86) The parpO'e and In'ent of 'he A-3 Tran,ltional AgrIcaltm-e Cla"ifica'lon i, to pre,orv. aad pm'ed 'moll fann, for pmoaal and limited agricultural p'-odudion Or to provide 0 tran,Itional agricultural wne between mOre In'e",ive agricultural u,e area, and residential areas. It is intended that this classification be applied to properties which are within a des- igna'ed rural eommunity, to pre'erve exI'ling agdcultural u'e, in urban area, 0' depidod by the comprehensive plan. or to proporties '0 0' to colnetde with the exi, ting charader of on area in 0 manner consistent with the comprehen,ive plan. (Ord. No. 90.34, ~ 11. 9.27.90) A3 TRANSITIONAL AGRICULTURE CLASSIFICATION'" Permitted Principal U.., and Struclure" In the A.3 Tran,itional Agriculture Cla"ifica. tion, no premi,e, shall be ",ed except for the following uses and their cu,toma,y acce"ory Uses or structures. (Ord. No. 90-34, S ll, 9-27-90) _ "'Editor's note-Section 11 of Ord. No. 90-34, adopted Sept. 27, 1990, changed the title of the A-3 classification from "Limited Agriculture" to "Transitional Agriculture. " SuPp. No. 65 46 6 Exhibit E ........ BOOK PAGE 39~ 281+1 VOLUSIA co.. FL EXHIBIT "B" Art. VII APPENDIX B-ZONING ORDINANCE Art. VII Except for those permitted special exceptions listed hereunder, all agricultural pursuits, including the processing, packaging, storage and sale of agriculture products which are raised on the premises. (Ord. No. 84.1, ~ VI, 3.8-84) Apiaries. Aviaries. Essential utility services. .(Ord. No. 84.1, ~ III, .3-8-84) Exempt excavations (refer to section 817.00(0)) andJor those which comply with article VIII of the Land Development Code of Vol usia County [appendix A] andJor final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11, 9-27.90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11, 9-27-90) Fire stations. (Ord. No. 92-6, ~ XIII, 6-4-92) Hobby breeder. (Ord. No. 92-6, ~ XIII, 6-4-92) Home occupations, class A. Parks and recreation areas accessory to residential developments. Pisciculture. Public schools. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned parks and recreational areas. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned or regulated water supply wells. (Ord. No. 92-6, ~ XIII, 6-4-92) Single.family standard or manufactured dwelling. (Ord. No. 84-1, ~ VI, 3-8-84) Tailwater recovery systems. (Ord. No. 82-20, ~ V, 12-9-82) Worm raising. 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, ~ 11, 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, ~ 11, 9-27-90) Dairies and dairy products (minimum parcel size requirement of five acres). Day care centers (refer to section 817.00(0). (Ord. No. 90-34, ~ 11, 9-27-90) Excavations only for stormwater retention ponds for which a permit is required by this ordinance. (Ord. No. 84-1, ~ VI. 3-8-84; Ord. No. 89-20, ~~ VII, IX, 6-8-89) Garage apartments. Group home (refer to section 817.00(1)). (Ord. No. 90-34, ~ 11, 9-27-90) Hog farms (minimum parcel size requirement of 2.5 acres). Home occupations, class B (refer to section 807.00). Houses of worship and cemeteries (refer to section 817.00(d)). Kennels. Livestock feed lots (minimu'm parcel siie requirement of five acres). Nursing homes, boardinghouses approved and licensed by the appropriate state agency (refer to section 817.00(1)). (Ord. No. 84-1, ~ VI, 3-8.84; Ord. No. 90-34, ~ 11, 9-27-90) Supp. No. 65 47 7 Exhibit E ~ BOOK PAG1. 39~ 2842 VOLUSIA CO.. FL EXHIBIT "B" Art. VII VOLUSIA COUNTY CODE Art. VII Off-street parking areas (refer to section 817.00(n)). (Ord. No. 84-1, ~ I, 3-8-84; Ord. No. 90-34, ~ 11, 9-27-90) Poultry farms (minimum parcel size requirement of 2.5 acres). Private clubs (refer to section 817.00(m)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90-34, ~ 11, 9-27-90) Processing, packaging, storage, retail or wholesale sales of agricultural products not raised on the premises. Public uses not listed as a permitted principal Use. (Ord. No. 92-6, ~ XlII, 6-4-92) Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84-1, ~ III, 3-8-84) Recreational (refer to section 817.00(c)). (Ord. No. 92-6, ~ XlII, 6-4-92) Riding stables (minimum parcel size requirement of five acres). (Ord. No. 82-20, !? V, 12-9-82) Sanitary landfill, class III only (refer to section 817.00(p)), minimum parcel size of 10 acres). (Ord. No. 90-34, ~ 11, 9-27-90) Schools, parochial and private (refer to section 817.00(d)). Single-family mobile home dwelling with a minimum floor area of 480 square feet as a temporary residence while building a standard or manufactured dwelling (maximum duration of 18 months). (Ord. No. 81-39, ~ VII, 11-19-81; Ord. No. 84-1, !? VI, 3-8-84) Temporary campsites for 3 days before, during and 3 days after any regularly scheduled racing event at the Daytona Beach International Speedway during the month of March on condition that security, portable toilets, garbage disposal and potable water facilities sufficient to accommodate all occupants are provided. Sales of products are permitted at said campsites. (Ord. No. 87-14, ~ II, 6-18-87) 'Wholesale or retail fertilizer sales. (Ord. No. 85-25, !? IV, 10-10-85) Dimensional Requirements: Minimum lot size: Area: 1 acre. Width: 150 feet. Minimum yard size: Front yard: 40 feet Rear yard: 40 feet Side yard: Abutting any lot: 25 feet. (Ord. No. 81-39, ~ VIII, 11-19-81) Abutting any street: 40 feet. Waterfront yard: 40 feet or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, ~ XIII, 12-9-82; Ord. No. 90-34, ~ 11, 9-27-90) Maximum building height: 55 ,feet. Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed 35 percent. Supp. No. 65 48 8 Exhibit E EXHIBIT "B" B('tn~ PAGE 3929 2843 VOLU5\A Co..FL .' '-' , . .-' Art. VII APPENDIX B-ZONING ORDINANCE Art. VII Minimum floor area: 1,000 square feet. (Ord. No. 81.39. ~ VII, 11.19-81; Ord. No. 84.1, ~ VI, 3-8-84) Off-Street Parking and Loading Requirement: OfT-street parking and loading areas meeting the requirements of sections 810.00 and 811.00 shall be constructed. COrd. No. 90-34, ~ 11, 9-27-90) Skirting Requirement for Mobile Home Dwelling: The area between the ground and floor of the mobile home dwelling shall be enclosed with skirting. (Ord. No. 84.1, ~ VI, 3-8-84) Types of Signs Permitted: Ground signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, S IX, 10-23-86) Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Temporary signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, S IX, 10-23-86) RR RURAL RESIDENTIAL CLASSIFICATION Purpose and Intent: The purpose and intent of the RR Rural Residential Classification is to provide for development, in a manner which is consistent with the comprehensive plan, in rural areas of the county. (Ord. No. 90-34, S 13, 9-27-90) Permitted Principal Vses and Structures: In the RR Rural Residential Classification, no premises shall be used exe,ept for the following uses and their customary accessory Uses or structures: ' 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 VIII of the Land Development'~ode of Vol usia County [appendix A) and/or final site plan review procedures of this orqinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, S VI, 6-8-89; Ord. No. 90-34. ~ 13, 9-27-90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20 ~ VI, 6-8-89; Ord. No. 90-34, ~ 13, 9-27-90) Fire stations. (Ord. No. 92-6, ~ XIV, 6:4-92) Hobby breeder. (Ord. No. 92-6, ~ XJV. 6-4-92) Home occupations, class A (refer to section 807.00). Parks and recreation areas accessory to residential developments. Public schools. (Ord. No. 92-S/S XIV, 6-4-92) Publicly o~ned parks and r,*reational areas. (Ord. No. 92-6, ~ XIV, 6-4-92) Publicly owned or regulat~ water supply wells. (Ord. No. 92-S, ~ XIV, 6-4-92) Raising of crops and keeping of animals for personal use (not for resale), accessory to a single-family dwelUng. The personal use restriction is not intended to apply to 4-H, FF A or similar educational projects. Single-family standard or manufactured dwelling. COrd. No. 84-1, SIX, 3-8-84) / Supp. No. 65 49 9 Exhibit E "-' QOOK PAGE 3929 2841. ANNEXATION AGREEMENT VOLUSIA CO.. FL THIS AGREEMENT made and entered into this l/;+J, day of Jurn .0 , 1994, by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, 104 N. Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as "City"); and VALERIE H. REED, P. O. Box 1058, Edgewater, Florida 32141-1058 (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 3.29 acres located on Air Park Road. 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 A-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. The City agrees to create a land use designation that shall be known as Rural Residential. The purpose of this designation is to (annexation\western.reed) February 24, 1994 1 Exhibit F accommodate BOOK 3929 landowners who desireVcO\JJtS..~u(f.Qt ~kvironment .... PAGE 284~ in close proximity to urban facilities and services. Homesites smaller than one (1) acre shall not be permitted under this designation. The keeping of livestock for noncommercial purposes will be permitted. 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 (annexation\western.reed) February 24, 1994 2 Exhibit F '-" BOOK PAGE 3929 'Z'646 regUla~~U~~P~f~~~ce, this any existing City resolution, Agreement shall control. However, all other applicable City ordinances in effect at the time of execution of this Agreement continue to apply. Further, the failure of this Agreement to address a particular permit, condition, term or restriction shall not forgive the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. (annexation\western.reed) February 24, 1994 3 Exhibit F QIOOK PAGE 39290 2847 VOLUSIA CO., FL ATTEST: .Susan .Wadsworth -J City Clark _ c witnessed by: 5�MAAMII IMI, STATE OF I kOYI C�U- COUNTY OF�10MSio— CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA` By: "zhri. ,da'ck H. an, S3t." �` yor Dated: / 1'�14 APP D FOR FORM ARD ORRECTNESS: Storey City Attorney OWNER: Valerie H. Reed a44-,'1 The foregoing 9 instrument was acknowledged before me this day of FebYUGtr. , 1994, by VALERIE R. REED, who are personally k own to me or who has produced V1 .'Dr. kic-F: R300-86P-Jy -8-76-0 —as identification and who did (did not) take an oath. CA- ,C.:C.I2�l A4 Not ry Public Notary name tyF-� Seal/Stamp: (annexation\western.reed) February 24, 1994 Exhibit F BOOK PAGE 3929 28~ VOLUSIA CO..FL ..., EXHIBIT "A" LEGAL DESCRIPTION Parcel 1 and the Northerly 199.74 feet of Parcel 8, Stanley Acres, an unrecorded Subdivision, being part of Lots 20, 21 and 22, Model Land Company Subdivision, as shown on map in Map Book 5, Page 187 of the Public Records of Volusia County, Florida, all lying Westerly of Air Park Road (County Road), a 50 foot right-of-way as now laid out and being more particularly described as follows: Commence at a concrete monument being the Southeast corner of Lot 22, aforesaid; thence S 69038'30" W along the South line of said Model Land Company Subdivision for a distance of 169.23 feet to the West right-of-way line of Air Park Road, aforementioned; thence N 23024'10" W along the said Westerly right-of-way line of Air Park Road, a distance of 1046.67 feet for the Point of Beginning; thence S 69038'30" W, a distance of 726.59 feet; thence N 21007'05" W, a distance of 199.74 feet to the Northerly line of said Lot 20; thence N 69038'30" E along the Northerly line of said Lots 20, 21 and 22, a distance of 718.62 feet to the said Westerly right-of-way line of Air Park Road; thence S 23024'10" E along said Westerly line a distance of 200 feet to the Point of Beginning. (annexation\western.reed) February 24, 1994 5 Exhibit F BOOK PAGE ~ 3929 2849 VOLUSIA co.. FL ....., EXHIBIT "13" Art. VII VOL USIA COUNTY CODE Art. VII Minimum ~ard size: Front J\ard: 50 feet. Rear ya.'td: 50 feet. Side yard:\, Abuttirit;r any lot: 25 feet. Card. No. 81-39, ~ VI, 11-19-81) Abutting(lJ1Y street: 50 feet. . . Waterfront yard: 50 feet or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, ~ XIII, 12-9-82; Ord. No. 90-34, ~ 10, 9-27-90) Maximum building heighf: 45 feet. COrd. No. 92-6, ~ XII, 6-4-92) ll'fa.r:imum lot coverage: Thl:! total lot area covered with principal and accessory buildings shall not exceed 35 perceut. Minimum floor area: 750 square\feet. Card. No. 81-39, ~ VI, 11-19-81; Ord. No. 84-1, !? V, 3-8-84) Off Street Par/ling and Loading Re'1ui~mellts: Olf-street parking and loading' areas meeting' the requirements of sections 810.00 ,and 8'11.00 shall be constructed. Card. No. 90-34, !? 10, 9-27-90) Shirting Requirement (or Mobile Home Dwelling: The area between the ground and Door of the mobile home dwelling shall be enclosed with skirting. COrd. No. 84-1, t? V, 3-8-84) Types of Signs Permitted." / Ground signs Crefer to ,~ction 822.00 et seq. for additional regulations). COrd. No. 86-16, !? IX, 10-23-86) Projecting signs Crell I' to section 822.00 et seq. for additional regulations). Card. No. 86-16, !? IX, 10-23-86 Temporary sign (refer to section 822.00 et seq. for additional regulations). COrd. No. 86-16, ~ I ,10-23-86) The purpose and intent of the A-3 Transitional Agriculture Classification is to preserve and protect small farms for personal and limited agdcuItural Pl'oduction or to provide a transitional agricultural zone between more intensive agricultural Use areas and residential areas. It is intended that this classification be applied to properties which are within a des- ignated rural community, to preserve existing agricultural uses in urban areas as depicted by the comprehensive plan, or to properties so as to coincide with the existing character of an area in a manner consistent with the comprehensive plan. (Ord. No. 90-34, ~ 11, 9-27-90) A3 TRANSITIONAL AGRICULTURE CLASSIFICATION'" Permitted Principal Uses and Structures: In the A-3 Transitional Agriculture Classifica- tion, no premises shall be used except for the following Uses and their customary accessory Uses or structures. COrd. No. 90-34, ~ l~, 9-27-90) . "'Editor's note-Section 11 of Ord. No. 90-34, adopted Sept. 27, 1990, changed the title of the A-3 classification from "Limited Agriculture" to "TransitionaIAgricuIture." Supp. No. 65 46 6 Exhibit F BOOK PAGE 3929 ~50 VOLUSIA co.. FL ,..." EXHIBIT "B" Art. VII APPENDIX B-ZONING ORDINANCE Art. VII Except for those permitted special exceptions listed hereunder, all agricultural pursuits, including the processing, packaging, storage and sale of agriculture products which are raised on the premises. (Ord. No. 84-1, ~ VI, 3-8-84) Apiaries. Aviaries. 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 VIII of the Land Development Code of Vol usia County [appendix A] and/or final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11, 9-27-90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11, 9-27-90) Fire stations. (Ord. No. 92-6, ~ XIII, 6-4-92) Hobby breeder. (Ord. No. 92-6, ~ XIII, 6-4-92) Home occupations, class A. Parks and recreation areas accessory to residential developments. Pisciculture. Public schools. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned parks and recreational areas. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned or regulated water supply wells. (Ord. No. 92-6, ~ XIII, 6-4-92) Single-family standard or manufactured dwelling. (Ord. No. 84-1, ~ VI, 3-8-84) Tailwater recovery systems. (Ord. No. 82-20, {} V, 12-9-82) Worm raising. 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, ~ 11, 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, ~ 11, 9-27-90) Dairies and dairy products (minimum parcel size requirement of five acres). Day care centers (refer to section 817.00(0). (Ord. No. 90-34, {} 11, 9-27-90) Excavations only for stormwater retention ponds for which a permit is required by this ordinance. (Ord. No. 84-1, ~ VI. 3-8-84; Ord. No. 89-20, ~~ VII, IX, 6-8-89) Garage apartments. Group home (refer to section 817.00(1)). (Ord. No. 90-34, ~ 11, 9-27-90) Hog farms (minimum parcel size requirement of 2.5 acres). Home occupations, class B (refer to section 807.00). Houses of worship and cemeteries (refer to section 817.00(d)). Kennels. . Livestock feed lots (minimum parcel siie requirement of five acres). Nursing homes, boardinghouses approved and licensed by the appropriate state agency (refer to section 817.00(1)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90-34, ~ 11,9-27-90) Supp. No. 65 47 7 Exhibit F BOOK PAGE 39~ 2851 VOLUSIA co.. FL EXHIBIT "B" ...., Art. VII VOLUSIA COUNTY CODE Art. VII Off-slreet parking areas (refer lo section 817.00(n)). (Ord. No. 84-1, ~ I, 3-8.84; Ord. No. 90-34, ~ 11, 9-27-90) Poultry farms (minimum parcel size requirement of 2.5 acres). Private clubs (refer to section 817.00(m)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90.34, ~ 11, 9.27-90) Processing, packaging, storage, relail or wholesale sales of agricultural products nol raised on the premises. Public uses not listed as a permitted principal use. (Ord. No. 92.6, ~ XlII, 6.4.92) Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84.1, ~ III, 3.8-84) Recreational (refer to section 817.00(c)). (Ord. No. 92.6, ~ XlII, 6-4-92) Riding slables (minimum parcel size requiremenl of five acres). (Ord. No. 82-20, ~ V, 12.9.82) Sanitary landfill, class III only (refer to section 817.00(p)), minimum parcel size of 10 acres). (Ord. No. 90-34, ~ 11, 9-27-90) Schools, parochial and private (refer to section 817.00(d)). Single-family mobile home dwelling with a minimum floor area of 480 square feet as a temporary residence while building a slandard or manufactured dwelling (maximum duration of 18 months). (Ord. No. 81.39, ~ VII, 11-19.81; Ord. No. 84-1, ~ VI, 3-8-84) Temporary campsites for 3 days before, during and 3 days after any regularly scheduled racing event at the Daytona Beach International Speedway during the monlh of March on condition that security, portable toilels, garbage disposal and polable waler facilities sufficient to accommodate all occupanls are provided. Sales of products are permitted at. said campsites. (Ord. No. 87-14, ~ II, 6-18-87) Wholesale or retail fertilizer sales. (Ord. No. 85-25, ~ IV, 10.10-85) Dimensional Requirements: Minimum lot size: Area: 1 acre. Width: 150 feet. Minimum yard size: Front yard: 40 feet Rear yard: 40 feet Side yard: Abutting any lot: 25 feet. (Ord. No. 81-39, ~ VIII, 11-19-81) Abutting any street: 40 feet. Waterfront yard: 40 feet or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, ~ XlII, 12-9-82; Ord. No. 90.34, ~ 11, 9-27-90) Maximum building height: 55.feet. Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed 35 percent. Supp. No. 65 48 8 Exhibit F BOOK PAGE 3929 '-"2852 VOLUSIA co.. FL EXHIBIT "B" .... : ." Art. VII APPENDIX B~ZONING 9RDINANCE Art. VII Minimum floor area: 1,000 square feet. (Ord. No. 81-39, ~ VII, 11-19-81; Ord. No. 84-1, ~ VI, 3-8-84) Off-Street Parking and Loading Requirement: Off-street parking and loading areas meeting the requirements of sections 810.00 and 811.00 shall be constructed. (Ord. No. 90-34, ~ 11, 9-27-90) Skirting Requirement for Mobile Home Dwelling: The area between the ground and floor of the mobile home dwelling shall be enclosed with skirting. (Ord. No. 84-1, ~ VI, 3-8-84) Types of Signs Permitted: Ground signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Temporary signs (refer to section 822.00 et seq. for additional regulations>. (Ord. No. 86-16, ~ IX, 10-23-86) \ Purpose anl1.,Intent: The purpose and intent of the RR Rural Residential Classification is \ to provide for development, in a manner which is consistent with the comprehensive plan, in rural areas of the county. (Ord. No. 90-34, ~ 13, 9-27-90) RR RURAL RESIDENTIAL CLASSIFICATION Permitted Principal Uses and Structures: In the RR Rural Residential Classification, no premises shall be used except for the following uses and their customary accessory uses or structures: 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 VIII of the Land Development Code of Volusia County [appendix A) and/or final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 13, 9-27-90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20 ~ VI, 6-8-89; Ord. No. 90-34, ~ 13, 9-27-90) Fire stations. (Ord. No. 92-6. ~ XIV, 6+92) Hobby breeder. (Ord. No_ 92-6. ~ XIV, 6-4-92) Home occupations. class A (refer to sectioQ 807.00). Parks and recreation areas accessory to residential developments. Public schools. (Ord. No. 92-6,.~ XIV, 6-4-92) Publicly owned parks and recreational areas. (Ord. No. 92-6, ~ XIV, 6-4-92) Publicly owned or regulated' water supply wells. (Ord. No. 92-6, ~ XIV. 6-4-92) Raising of crops and keeping of animals for personal use (not for resale), accessory to a single-family dwelliJ'{g. The personal use restriction is not intended to apply to 4-H, FFA or simil~_e1cational projects. Single-family standid or manufactured dwelling. (Ord. No. 84-1, ~ IX, 3-8-84) Supp. No. 65 49 9 Exhibit F ~, BOOK PAGE 3929 1853 VOlUSIA co.. F!NNEXATION AGREEMENT ...., . THIS AGREEMENT made and entered into this lot-lJ day of V)Jmpj , 1994, by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, 104 N. Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as "City"); and T. E. & JANICE HOTCHKISS, 10 Lake Fairgreen Circle, New Smyrna Beach, Florida 32168-6147 (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 1.86 acres located on Air Park Road. 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 A-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. The City agrees to create a land use designation that shall be known as Rural Residential. The purpose of this designation is to (annexation\western.hotchkiss) February 11, 1994 1 Exhibit G accommodate BOOK PAGE 392~ 2854 VOLUSIA CO.. FL landowners who desire """'" \. .. a semi-rural environment in close proximity to urban facilities and services. Homesites smaller than one (1) acre shall not be permitted under this designation. The keeping of livestock for noncommercial purposes will be permitted. 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 (annexation\western.hotchkiss) February 11, 1994 2 Exhibit G BOOK PAGE ~29 2855 ~ VOLUSIA co., FL any existing City resolution, regulation or ordinance, this Agreement shall control. However, all other. applicable City ordinances in effect at the time of execution of this Agreement continue to apply. Further, the failure of this Agreement to address a particular permit, condition, term or restriction shall not forgive the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. (annexation\western.hotchkiss) February 11, 1994 3 Exhibit G BOOK PAGE 3929 2656 VOLUSIA CO., FL ATTEST: �,Sgsd _.k,(.Mdsworth City Clfakk-`' a Witnessed by: 49L 27;< � e/a,J !n L oval / Witness named typed CITY COUNCIL OF THE CITY OF EDGEWAA�TEE��jjR, FLORIDA By: 'r;e "dr r;� I 4H. HayaI , Sr. ay r ��/ Dated: — APP V I FOR FORM AND RRECTMESS: g LQ /KVista A. Storey City Attorney OWNER: T. E. Hotchkiss ''// �1San� a Hotch ss Wlt1 /a �h ness named type STATE OF Florida COUNTY OF Volusia The foregoing instrument was acknowledged before me this 28th day of February , 1994, by T. E. and JANICE H HEISS, pro are personally known to me or who has produced i-1.�-;2(!�� y{%r,�.,r-- as identification and who did did not) t e an oath. (annexation\western.hotchkiss) February 11, 1994 Exhibit G BOOK PAGE 3929 ~2857 VOL USIA CO.. FL .....", EXHIBIT "A" LEGAL DESCRIPTION A parcel of land lying in part of Lot 21 an part of Lot 22, Model Land Company Subdivision as shown on map in Map Book 5, Page 187 of the Public Records of Volusia County, Florida, all lying Westerly of Air Park Road (County Road), a 50 foot right-of-way as now laid out and being more particularly described as follows: Commence at a concrete monument being the Southeast corner of Lot 22 aforementioned; thence S 69038'30" W along the South line of the said Model Land Company Subdivision for a distance of 169.23 feet to the West right-of-way line of Air Park Road aforementioned; thence N 23024'10" W along the said Westerly right-of-way line of Air Park Road, a distance of 200 feet for the Point of Beginning; thence S 69038'30" W a distance of 410.35 feet; thence N 21007'05" W, a distance of 199.74 feet; thence N 69038'30" E, a distance of 402.37 feet to the said Westerly line of Air Park Road; thence S 23024'10" E along the said Westerly right-of-way line a distance of 200 feet to the Point of Beginning. Containing 1.86 acres more or less. (annexation\western.hotchkiss) February 11, 1994 5 Exhibit G BOOK PAGE 3929 '-t!858 VOL USIA CO.. FL ..""" EXHIBIT "8" Art. VII VOL USIA COUNTY CODE Art. VII Minimum yci'x! size: Front yar~50 feet. Rear yard: 5\, feet. Side yard: \ Abutting any)ot: 25 feet. Card. No. 81-39, ~ VI, 11-19-81) Abutting any '~~.reet: 50 feet. . Waterfront yard: 50 ~.et or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, ~ XIII, 12-9-82; Ord. No. 90-34, ~ 10, 9-27,90) Maximum bUilding height: 45 'feet. Card. No. 92.6, !? XII, 6-4-92) ltlaximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed 35 percent. Minimum floor area: 750 square feet. Card. No. 81-39, !? VI, 11-19-81; Ord. No. 84-1, !? V, 3-8-84) Off-Street Par/ling and Loading Requirements: OCT-all-cct parking and loading areas meeting the requ,,"menta 0' eectlon. 810.00 nnd 811.00 .hnll he con.t.-uded. (Ord. No. 90-34, ~ 10, 9-27-90) S/lirting Requirement (or Mobile Home Dwelling: The area between the ground and floor of the mobile home dwelling sha,Jl be enclosed with skirting. Card. No. 84-1, ~ V, 3-8-84) Types of Signs Permitted: I Ground signs Crefer to sp~tion 822.00 et seq. for additional regulations). Card. No. 86-16, ~ IX, 10-23-86) / Projecting sign. (re' ~ to 'ection 822.00 et 'eq. 'or ndditional regulntion.,. (Ord. No. 86-16, ~ IX, 10-23-8~l Temporary SiglllJ/Crefcr to section 822.00 et scq. for additional regulations). Card. No. 86-16, ~ IX(10-23-86) The purpose and intent of the A-3 Transitional Agriculture Classification is to preserve and protect small farms for personal and limited agricultural production or to provide a transitional agricultural zone between more intensive agricultural use areas and residential areas. It is intended that this classification he applied to properties which are within a des- ignated rural community, to prese,,"e existing ngricultnrnl uses in urbnn nrens ns depicted by the comp,"hen.ive plan, or to properties so ns to coincide with the existing chamct... of an "'ea in a manner consistent with the comprehensive plan. Card. No. 90-34, ~ 11, 9-27-90) A-3 TRANSITIONAL AGRICULTURE CLASSIFICA'l'ION'" Permitted Principal Uses and Structures: In the A-3 Transitional Agriculture Classifica. tion, no premise. shall be used except for the following u.es and their cu,to..m." aceeosory Uses or structures. Card. No. 90-34, !j H, 9-27-90) . _ "'Editor's note-Section 11 of Ord. No. 90-34, adopted Sept. 27, 1990, changed the title of tho A-3 classification from "Limited Agriculture" to "TransitionaIAgriculture." Supp. No. 65 46 6 Exhibit G BOOK PAGE 3929 2~9 VOLUSIA co.. FL """'" EXHIBIT "B" Art VII APPENDIX B-ZONING ORDINANCE Art. VII Except for those permitted special exceptions listed hereunder, all agricultural pursuits, including the processing, packaging, storage and sale of agriculture products which are raised on the premises. (Ord. No. 84-1, ~ VI, 3-8-84) Apiaries. Aviaries. 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 VIII of the Land Development Code of Volusia County [appendix AI and/or final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11, 9-27-90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11,9-27-90) Fire stations. (Ord. No. 92-6, ~ XIII, 6-4-92) Hobby breeder. (Ord. No. 92-6, ~ XIII, 6-4-92) Home occupations, class A. Parks and recreation areas accessory to residential developments. Pisciculture. Public schools. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned parks and recreational areas. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned or regulated water supply wells. (Ord. No. 92-6, ~ XIII, 6-4-92) Single-family standard or manufactured dwelling. (Ord. No. 84-1, ~ VI, 3-8-84) Tailwater recovery systems. (Ord. No. 82-20, ~ V, 12-9-82) Worm raising. Permitted Special Exceptions: Additional regulationslrequirements governing permitted special exceptions are located in sections 817.00 and 1104.00 of this ordinance. (Ord. No. 90-34, ~ 11, 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, ~ 11, 9-27-90) Dairies and dairy products (minimum parcel size requirement of five acres). Day care centers (refer to section 817.00(0). (Ord. No. 90-34, ~ 11, 9-27-90) Excavations only for stormwater retention ponds for which a permit is required by this ordinance. (Ord. No. 84-1, ~ VI. 3-8-84; Ord. No. 89-20, ~~ VII, IX, 6-8-89) Garage apartments. Group home (refer to section 817.00(1)). (Ord. No. 90-34, ~ 11, 9-27-90) Hog farms (minimum parcel size requirement of 2.5 acres). Home occupations, class B (refer to section 807.00). Houses of worship and cemeteries (refer to section 817.00(d)). Kennels. Livestock feed lots (minimum parcel siz'3 requirement of five acres). Nursing homes, boardinghouses approved and licensed by the appropriate state agency (refer to section 817.00(1)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90-34, ~ 11, 9.27-90) Supp. No. 65 47 7 Exhibit G BOOK PAGE 3929 2~O VOL USIA co.. FL ~ EXHIBIT "B" Art. VII VOLUSIA COUNTY CODE Art. VII Off.street parking areag (refer to section 817.00(n)). (Ord. No. 84-1, ~ I, 3-8-84; Ord. No. 90-34, ~ 11, 9-27-90) Poultry farms (minimum parcel size requirement of 2.5 acres). Private clubs (refer to section 817.00(m)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90-34, ~ 11, 9-27-90) Processing, packaging, storage, retail or wholesale sales of agricultural products not raised on the premises. Public uses not listed as a permitted principal use. (Ord. No. 92-6, ~ XlII, 6.4.92) Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84-1, ~ III, 3.8-84) Recreational (refer to section 817.00(c)). (Ord. No. 92.6, ~ XlII, 6.4-92) Riding stables (minimum parcel size requirement of five acres). (Ord. No. 82-20, ~ V, 12-9.82) Sanitary landfill, class III only (refer to section 817.00(p)), minimum parcel size of 10 acres). (Ord. No. 90-34, ~ 11, 9-27-90) Schools, parochial and private (refer to section 817.00(d)). Single-family mobile home dwelling with a minimum floor area of 480 square feet as a temporary residence while building a standard or manufactured dwelling (maximum duration of 18 months). (Ord. No. 81-39, ~ VII, 11-19-81; Ord. No. 84-1, ~ VI, 3-8-84) Temporary campsites for 3 days before, during and 3 days after any regularly scheduled racing event at the Daytona Beach International Speedway during the month of March on condition that security, portable toilets, garbage disposal and potable water facilities sufficient to accommodate all occupants are provided. Sales of products are permitted at said campsites. (Ord. No. 87-14, ~ II, 6-18-87) Wholesale or retail fertilizer sales. (Ord. No. 85-25, ~ IV, 10-10-85) Dimensional Requirements: Minimum lot size: Area: 1 acre. Width: 150 feet. Minimum yard size: Front yard: 40 feet Rear yard: 40 feet Side yard: Abutting any lot: 25 feet. (Ord. No. 81-39, ~ VIII, 11-19-81) Abutting any street: 40 feet. Waterfront yard: 40 feet or the required shoreline buffer, whichever is greater. (Ord. No. 82.20, ~ XIII, 12.9.82; Ord. No. 90-34, ~ 11,9-27-90) Maximum building height: 55.feet. Maximum lot coverage: The total lot area covered with principal and accessory buildings shaH not exceed 35 percent. Supp. No. 65 48 8 Exhibit G ljUUK PAGE 3929 ~286' VOLUSIA CO.. FL EXHIBl.T "8" ......, : ." Art. VII APPENDIX B-ZONING ORDINANCE Art. VII Minimum floor area: 1,000 square feet. (Ord. No. 81-39, ~ VII, 11-19-81j Ord. No. 84-1, ~ VI, 3-8-84) Off-Street Parking and Loading Requirement: OfT-street parking and loading areas meeting the requirements of sections 810.00 and 811.00 shall be constructed. COrd. No. 90-34, ~ 11, 9-27-90) . Skirting Requirement for Mobile Home Dwelling: The area between the ground and floor of the mobile home dwelling shall be enclosed with skirting. COrd. No. 84-1, ~ VI, 3-8-84) Types of Signs Permitted: Ground signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Temporary signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10.23-86) RR RURAL RESIDENTIAL CLASSIFICATION Purpose and I~~: The purpose and intent of the RR Rural Residential Classification is to provide for developnl'ent, in a manner which is consistent with the comprehensive plan, in rural areas of the county. (Ord. No. 90-34, ~ 13, 9-27-90) Permitted Principal Uses and Structures: In the RR Rural Residential Classification, no premises shall be used except for the following uses and their customary accessory uses or structures: 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 VIII of the Land Development Code of VolusiaCounty (appendix A) and/or final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3.8-84; Ord. No. 89-20, ~ VI, 6.8-89; Ord. No. 90-34, ~ 13, 9.27-90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20 ~ VI, 6-8-89; Ord. No. 90-34, ~ 13, 9-27-90) Fire stations. (Ord. No. 92-6, ~ XIV, 6-4-92) Hobby breeder. (Ord. No. 92.6, ~ XlV, 6-4-92) Home occupations, class A (refer 1,0 section 807.00). Parks and recreation areas acce~ory to residential developments. Public schools. (Ord. No. 92-6, ~XIV, 6-4-92) Publicly owned parks and recfeational areas. (Ord. No. 92-6, ~ XIV, 6-4-92) Publicly owned or regulate4Avater supply wells. (Ord. No. 92.6, ~ XIV, 6-4-92) Raising of crops and keep~g of animals for personal use (not for resale), accessory to a single-family dwelli~. The personal use restriction is not intended to apply to 4-H, FF A or similar edy.tational projects. Single-family standard or manufactured dwelling. COrd. No. 84-1, ~ IX, 3-8-84) / Supp. No. 65 49 9 Exhibit G ouun PAGE 3929~62 VOLUSIA CO.. FL ANNEXATION AGREEMENT "'-', THIS AGREEMENT made and entered into this L..Pf-f) day of lhJmv , 1994, by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, 104 N. Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as "City"); and ARMISTEAD M. and PATRICIA A. FREDLOCK, III, 1880 Air Park Road S., Edgewater, Florida 32141-6908 (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 1.06 acres located on Air Park Road. 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 A-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. The City agrees to create a land use designation that shall be (annexation\western.fredlock) February 11, 1994 1 Exhibit H BOOK PAGE 39~ 2863 VOLUSIA CO..FL known as Rural Residential. The purpose of this designation is to .."., accommodate landowners who desire a semi-rural environment in close proximity to urban facilities and services. Homesites smaller than one (1) acre shall not be permitted under this designation. The keeping of livestock for noncommercial purposes will be permitted. 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 (annexation\western.fredlock) February 11, 1994 2 Exhibit H BOOK PAGE 39~ 2864 VOLUSIA CO.. FL To the extent there is a conflict between this Agreement and any existing City resolution, regulation or ordinance, this Agreement shall control. However, all other applicable City ordinances in effect at the time of execution of this Agreement continue to apply. Further, the failure of this Agreement to ..""", address a particular permit, condition, term or restriction shall not forgive the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. (annexation\western.fredlock) February 11, 1994 3 Exhibit H BOOK PAGE 3929 2865 \:OLUSIA CO.. FL ATTEST: .Susan Sr yadsworth City Clerk witnessed bys VICKI G. ALOISE Witness named typed CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Dated AP D FOR FORM AN6CORRECTNESS: IRLi± A l/ /ICk s Store City Attorney OWNER: 4 � rmistead M. F loCc, A�-- BS c l2: Lam\ IOTw".Q-Q /t.�,P�,� _ '!I�. 7x.-,0erl Patricia A. Fredlock GKT � T j Witness named type STATE OF YI COUNTY OF The foregoingQ instrument was acknowledged before me this _p day of {.Q �j. , 1994, by ARMISTEAD M. and PATRICIA A. FREDLOCE, III, who are personally known to me or who has produced _OQ (da cl(� as identification and who did (did not) take an oath. '(Ancx V I l7L� o aP �t'ary Public LISA MARIE BURLESON Notary name t ed 0 Seal/St SSA MARIE BURLESON gyp: NOTARY PUBLIC STATE OF FLORID COMMISSION NO. CC19a145 I-MYCOMMISSION EXP. MAR 311996 (annexation\western.fredlock) February 11, 1994 4 Exhibit H BOOK PAGE '3929 2866'-r VOLUSIA CO.,FL ..""" EXHIBIT "A" LEGAL DESCRIPTION Part of Lot 39 and part of Lot 268 and 269, lying Westerly of Air Park Road, Assessor's Subdivision of the Samuel Betts Grant as shown on map in Map Book 3, Page 153 of the Public Records of Volusia County, Florida, being described as follows: Commence at the Northeasterly corner of Lot 39, Assessors Subdivision of the Samuel Betts Grant per Map Book 3, Page 153 of the Public Records of Volusia County, Florida; thence North 69038'30" East along the Northerly line of Lot 267, a distance of 104.70 feet to the Westerly right-of-way of Air Park Road, a 50 foot right-of-way as now laid out; thence South 14047'01" East along said Westerly line, a distance of 87.35 feet; thence South 0042'05" East along said Westerly line, a distance of 37.65 feet for the Point of Beginning; thence continuing South 0042'05" East, a distance of 125 feet; thence South 69038'30" West, a distance of 370 feet; thence North 0042'05" West a distance of 125 feet; thence North 69038' 30" East, a distance of 370 feet to the Point of Beginning. Containing 1.00 acre more or less. (annexation\western.fredlock) February 11, 1994 5 Exhibit H BOOK PAGE 3929 28lr1 VOLUSIA co.. FL ,..." EXHIBIT "13" Art. VII VOLUSJA COUNTY CODE Art. VII Minimum yar,,\Size: Front yard: ~p feet. Rear yard: 50~et. Side yard: \ Abutting anY\lot: 25 feet. (Ord. No. 81-39, !? VI, 11-19-81) Abutting any ~treet: 50 feet. - Waterfront yard: 50 f~et or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, ~ XIII, 1~-9-82j Ord. No. 90-34, !? 10, 9-27-90) Maximum building height: 45'feet. (Ord. No. 92-6, ~ XII, 6-4-92) J.faximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed 35 percent. Minimum floor area: 750 square feet. (Ord. No. 81-39, * VI, 11-19-81; Ord. No. 84-1, * V, 3-8-84) Off-Street Par/ling and Loading Requirements: OlT-street parking and loading areas meeting the requirements of sections 810.00 and 811.00 shall be constructed. (Ord. No. 90-34, !? 10, 9-27-90) Sllirting Requirement for Mobile Home Dwelling; The area between the ground and Door of the mobile home dwelling shall be enclosed with skirting. (Ord. No. 84-1, t? V, 3-8-84) Types of Signs Permitted: I Ground signs (refer to section 8'22.00 et seq. for additional regulations). (Ord. No. 86-16, !? IX, 10-23-86) ~ Projecting signs (refer to ses:tion 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) . Temporary signs (refer /.0 section 822.00 et seq. for additional regulations). (anI. No. 86-16, ~ IX, 10-23i6) The purpose and intent of the A-3 Transitional Agriculture Classification is to preserve and protect small farms for personal and limited agricultural production or to provide a transitional agricultural zone between more intensive agricultural Use areas and residential areas. It is intended that this classification be applied to properties which are within a des- ignated rural community, to preserve existing agricultural uses in urban areas as depicted by the comprehensive plan, or to properties so as to coincide with the existing character of an area in a manner consistent with the comprehensive plan. (Ord. No. 90-34, ~ 11, 9-27-90) A3 TRANSITIONAL AGRICULTURE CLASSIFICATION'" Permitted Principal Uses and Structures: In the A3 Transitional Agriculture Classifica- tion, no premises shall be used except for the following Uses and their customary accessory uses or structures. Card. No. 90-34, ~ .11, 9-27-90) . "'Editor's note-Section 11 of Ord. No. 90-34, adopted Sept. 27, 1990, changed the title of tho A-3 classification from "Limited Agriculture" to "TransitionaIAgriculture." SuPp. No. 65 46 6 Exhibit H BOOK PAGE 3929 ~ 2868 VOLUSIA CO..FL .."." EXHIBIT "B" Art. VII APPENDIX B-ZONING ORDINANCE Art. VII Except for those permitted special exceptions listed hereunder, all agricultural pursuits, including the processing, packaging, storage and sale of agriculture products which are raised on the premises. (Ord. No. 84-1, ~ VI, 3-8-84) Apiaries. Aviaries. 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 VIII of the Land Development Code of V olusia County [appendix A] and/or final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No_ 90-34, ~ 11, 9-27-90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11,9-27-90) Fire stations. (Ord. No. 92-6, ~ XIII, 6-4-92) Hobby breeder. (Ord. No. 92-6, ~ XIII, 6-4-92) Home occupations, class A. Parks and recreation areas accessory to residential developments. Pisciculture. Public schools. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned parks and recreational areas. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned or regulated water supply wells. (Ord. No. 92-6, ~ XIII, 6-4-92) Single-family standard or manufactured dwelling. (Ord. No. 84-1, ~ VI, 3-8-84) Tailwater recovery systems. (Ord. No. 82-20, ~ V, 12-9-82) Worm raising. 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, ~ 11, 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, ~ 11, 9-27-90) Dairies and dairy products (minimum parcel size requirement of five acres). Day care centers (refer to section 817.00(0). (Ord. No. 90-34, ~ 11,9-27-90) Excavations only for storm water retention ponds for which a permit is required by this ordinance. (Ord_ No. 84-1, ~ VI. 3-8-84; Ord. No. 89-20, ~~ VII, IX, 6-8-89) Garage apartments. Group home (refer to section 817.00(1)). (Ord. No. 90-34, ~ 11, 9-27-90) Hog farms (minimum parcel size requirement of 2.5 acres). Home occupations, class B (refer to section 807.00). Houses of worship and cemeteries (refer to section 817.00(d)). Kennels. Livestock feed lots (minimum parcel siZ'3 requirement of five acres). Nursing homes, boardinghouses approved and licensed by the appropriate state agency (refer to section 817.00(1)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90-34, ~ 11, 9-27-90) Supp. No. 65 47 7 Exhibit H BOOK PAGE ,,-,. 3929 2869 VOLUSIA CO..FlExHIBIT "B" ..""" Art. VII VOLUSIA COUNTY CODE Art. VII Off-street parking areas (refer to section 817.00(n)). (Ord. No. 84-1, ~ I, 3-8.84; Ord. No. 90-34, ~ 11, 9-27-90) Poultry farms (minimum parcel size requirement of 2.5 acres). Private clubs (refer to section 817.00(m)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90-34, ~ 11, 9-27-90) Processing, packaging, storage, retail or wholesale sales of agricultural products not raised on the premises. Public uses not listed as a permitted principal use. (Ord. No. 92-6, ~ XlII, 6-4-92) Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84-1, ~ III, 3-8-84) Recreational (refer to section 817.00(c))_ (Ord. No. 92-6, ~ XlII, 6-4-92) Riding stables (minimum parcel size requirement of five acres). (Ord. No. 82-20, ~ V, 12-9-82) Sanitary landfill, class III only (refer to section 817.00(p)), minimum parcel size of 10 acres). (Ord. No. 90-34, ~ 11, 9-27-90) Schools, parochial and private (refer to section 817.00(d)). Single-family mobile home dwelling with a minimum floor area of 480 square feet as a temporary residence while building a standard or manufactured dwelling (maximum duration of 18 months). (Ord. No. 81-39, ~ VII, 11-19-81; Ord. No. 84-1, ~ VI, 3-8-84) Temporary campsites for 3 days before, during and 3 days after any regularly scheduled racing event at the Daytona Beach International Speedway during the month of March on condition that security, portable toilets, garbage disposal and potable water facilities sufficient to accommodate all occupants are provided. Sales of products are permitted at said campsites. (Ord. No. 87-14, ~ II, 6-18.87) Wholesale or retail fertilizer sales. (Ord. No. 85-25, ~ IV, 10-10.85) Dimensional Requirements: Minimum lot size: Area: 1 acre. Width: 150 feet. Minimum yard size: Front yard: 40 feet Rear yard: 40 feet Side yard: Abutting any lot: 25 feet. (Ord. No. 81-39, ~ VIII, 11-19-81) Abutting any street: 40 feet. Waterfront yard: 40 feet or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, ~ XlII, 12-9-82; Ord. No. 90-34, ~ 11, 9-27-90) Maximum building height: 55.feet. Maximum lot couerage: The total lot area covered with principal and accessory buildings shall not exceed 35 percent. Supp. No. 65 48 8 Exhibit H BOOK PAGE 3929 '-"2870 VOLUSIA co.. FL EXHIBIT "B" .."". .-' Art. VII APPENDIX B-ZONING ORDINANCE Art. VII Minimum floor area: 1,000 square feet. (Ord. No. 81-39, ~ VII, 11-19-81; Ord. No. 84-1, ~ VI, 3-8-84) Off-Street Parking and Loading Requirement: Off-street parking and loading areas meeting the requirements of sections 810.00 and 811.00 shall be constructed. (Ord. No. 90.34, ~ 11, 9-27-90) Skirting Requirement for Mobile Home Dwelling: The area between the ground and floor of the mobile home dwelling shall be enclosed with skirting. (Ord. No. 84-1, ~ VI, 3-8-84) Types of Signs Permitted: Ground signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86.16, ~ IX, 10-23-86) Temporary signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, !? IX, 10-23.86) '\RR RURAL RESIDENTIAL CLASSIFICATION Purpose and Inten{~,The purpose and intent of the RR Rural Residential Classification is to provide for development, in a manner which is consistent with the comprehensive plan, in rural areas of the county. ford. No. 90-34, ~ 13, 9.27-90) Permitted Principal Uses and Structures: In the RR Rural Residential Classification, no premises shall be used except for the following uses and their customary accessory uses or structures: 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 VIII of the Land DevelopmentCode ofVolusilil County [appendix A) and/or final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 13, 9-27-90) Exempt landfills (refer to section 817.00,(p)). (Ord. No. 89-20 ~ VI, 6-8-89; Ord. No. 90-34, ~ 13, 9-27-90) Fire stations. (Ord. No. 92-6, !? XIV, 6-4.92) Hobby breeder. (Ord. No. 92-6, ~ XIV, 6.4-92) Home occupations, class A (refer tp section 807.00). Parks and recreation areas acces/ory to residential developments. Public schools. (Ord. No. 92-6, ~/Xrv, 6-4-92) . ( Publicly owned parks and recr~ational areas. (Ord. No. 92.6, ~ XIV, 6-4-92) Publicly owned or regulated r;ater supply wells. (Ord. No. 92-6, ~ XIV, 6.4-92) Raising of crops and keepi~ of animals for personal use (not for resale), accessory to a single-family dwelling/The personal use restriction is not intended to apply to 4.H, FF A or similar educ~ional projects. Single-family standard 1r manufactured dwelling. (Ord. No. 84-1, !? IX, 3.8.84) I Supp. No. 65 49 9 Exhibit H r " BOOK PAGE 3929 287~ VOLUSIA co.. FL ....." ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this Jumu I fJ'\ I.J) day of 1994, by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, 104 N. Riverside Drive, Edgewater, Florida 32132, (herei.nafter referred to as "City") i and WILLIAM F. and NEITHA L. AURIG, 2916 Oak Trail, Edgewater, Florida 32141-6963 (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 ~s the subject of this Agreement is a residential parcel of approximately 2.00 acres located on Air Park Road. 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 A-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. The City agrees to create a land use designation that shall be known as Rural Residential. The purpose of this designation is to (annexation\western.aurig) February 18, 1994 1 Exhibit I BOOK PAGE 39~ 2872 ~ VOLUSIA co.. FL accommodate landowners who desire a semi-rural environment in close proximity to urban facilities and services. Homesites smaller than one (1) acre shall not be permitted under this designation. The keeping of livestock for noncommercial purposes will be permitted. 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 (annexation\western.aurig) February 18, 1994 2 Exhibit I t;SUUr\ PAGE ~929 2873 VOLUSIA CO.. FL """"" any existing City resolution, regulation or ordinance, this Agreement shall control. However, all other applicable City ordinances in effect at the time of execution of this Agreement continue to apply. Further, the failure of this Agreement to address a particular permit, condition, term or restriction shall not forgive the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. (annexation\western.aurig) February 18, 1994 3 Exhibit I BOOK PAGE 3929 2874 VOLUSIA CO..rL ATTEST: �a adsworth b.c .g� Gi$yt;-C1+4,rk Witnessed by: W tness named typed RN STATE OF„i�aa.- COUNTY OF�d.s'o. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Dated: % /1/`-f APPPVED FOR FORM AND CORRECTNESSt 8torey U City Attorney OWNER: ill am Aurig N L. Aar g (57 The foregoing instrument was acknowledged before me this day of �ksk" , 1994, by WILLIAM and NEITHA i. AURIG, who are personally known to me or who has produced -'V 64 .l,�.� sue. as identification and who did (dial -not-) take an oath. o�ca V Notar Publi Uov�M L Notary name ypad Seal/Stamp: Exhibit I .' BOOK D~GE 3929 2875 VOlUSIA CO..FL """'" EXHIBIT "A" LEGAL DESCRIPTION A parcel of land lying in part of Lot 21 and part of Lot 22, Model Land Company Subdivision as shown on map in Map Book 5, Page 187 of the Public Records of Volusia County, Florida, all lying Westerly of Air Park Road (County Road), a 50 foot right-of-way as now laid out and being more particularly described as follows: Commence at a concrete monument being the Southeast corner of Lot 22 aforesaid; thence S 69038' 30 "W along the South line of said Model Land Company Subdivision for a distance of 169.23 feet to the West right-of-way of Air Park Road aforementioned; thence N 23024'10" W along the said Westerly right-of-way line of Air Park Road, a distance of 400 feet for a Point of Beginning; thence S 69038'30" W a distance of 402.37 feet; thence N 21007'05"W a distance of 223.02 feet to the centerline of a 60 foot road and utility easement; thence N 69038'30" E along said centerline, a distance of 393.47 feet to the said Westerly right-of-way line of Air Park Road; thence S 23024'10" E along the said Westerly right- of-way line, a distance of 223.33 feet to the Point of Beginning. The Northerly 30 feet of the above described property being part of a 60 foot road and utility easement. (annexation\western.aurig) February 18, 1994 5 Exhibit I BOOK PAGr 3 92 9 28 76'-" VOLUSIA CO.. FL ....", EXHIBIT "13" Art. VII VOL USIA COUN'IY CODE Art. VII Minimum y~ size: Front yarCl; 50 feet. Rear yard: 50 feet. Side yard: Abutting ahy lot: 25 feet. Card. No. 81-39, ~ VI, 11-19-81) Abutting any street: 50 feet. Waterfront yard: 50 feet or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, ~ XIII, 12-9-82; Ord. No. 90-34, ~ 10, 9-27-90) Maximum building height: 45 feet. Card. No. 92,6, !? XII, 6-4-92) Maximum lot coverage: The total lot area covered with principal and acccssOI'Y buildings shall not exceed 35 percent. Minimum floor area: 750 square feet. Card/No. 81-39, ~ VI, 11-19-81; Ord. No. 84-1, 1? V, 3-8-84) Off Street Par/ling and Loading Requirements: Orr-street parking and loading ureus meeting the requirements of sections 810.00 and Si1.00 shall be constructed. Card. No. 90-34, ~ 10, 9-27-90) Shirting Requirement for Mobile lf~me Dwelling: The area between the ground and noor of the mobile home dwelling shall b~/encIosed with skirting. Card. No. 84-1, ~ V, 3-8-84) Types of Signs Permitted: Ground signs Crefer to sectio~'822.00 et seq. for additional regulations). Card. No. 86-16, !? IX, 10-23-86) / Projecting signs Crefer to ~i~tion 822.00 et seq. for additional regulations). Card. No. 86-16, I ~ IX, 10-23-86) / Temporary signs Crefi to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-78-86) A-3 TRANSITIONAL AGRICULTURE CLASSIFICATION'" The purpose and intent of the A-3 Transitional Agriculture Classification is to preserve and protect small farms for personal and limited agricultural production or to provide a transitional agricultural zone between more intensive agricultural Use areas and residential areas. It is intended that this classification be applied to properties which are within a des- ;gnated rural eommunity, to preserve e>dsting ag.-ieullural uses;n nrben ereas as depicted by the comprehensive plan, or to properties so as to coincide with the existing character of an area in a manner consistent with the comprehensive plan. Card. No. 90-34, ~ 11, 9-27-90) Permitted Principal Uses and Structures: In the A-3 Transitional Agriculture Classifica- tion, no prem;ses ,hall be used except for the follow;,'g uses and their customary acce'Bory Uses or structures. Card. No. 90-34, !j Jl, 9-27-90) _ "'Editor's note-Section 11 of Ord. No. 90.34, adopted Sept. 27, 1990, changed the title of the A-3 classification from "Limited Agriculture" to "TransitionaIAgriculture." Supp. No. 65 46 6 Exhibit I BOOK PAGE 3929 2877'-' VOL USIA co.. FL ....." EXHIBIT "B" Art. VII APPENDIX B-ZONING ORDINANCE Art. VII Except for those permitted special exceptions listed hereunder, all agricultural pursuits, including the processing, packaging, storage and sale of agriculture products which are raised on the premises. (Ord. No. 84-1, ~ VI, 3-8-84) Apiaries. Aviaries. 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 VIII of the Land Development Code of Vol usia County [appendix A] and/or final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11, 9-27-90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11, 9-27-90) Fire stations. (Ord. No. 92-6, ~ XIII, 6-4-92) Hobby breeder. (Ord. No. 92-6, ~ XIII, 6-4-92) Home occupations, class A. Parks and recreation areas accessory to residential developments. Pisciculture. Public schools. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned parks and recreational areas. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned or regulated water supply wells. (Ord. No. 92-6, ~ XIII, 6-4-92) Single-family standard or manufactured dwelling. (Ord. No. 84-1, ~ VI, 3-8-84) Tailwater recovery systems. (Ord. No. 82-20, ~ V, 12-9-82) Worm raising. 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, ~ 11, 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, ~ 11, 9-27-90) Dairies and dairy products (minimum parcel size requirement of five acres). Day care centers (refer to section 817.00(0). (Ord. No. 90-34, ~ 11, 9-27-90) Excavations only for stormwater retention ponds for which a permit is required by this ordinance. (Ord. No. 84-1, ~ VI. 3-8-84; Ord. No. 89-20, ~~ VII, IX, 6-8-89) Garage apartments. Group home (refer to section 817.00(1)). (Ord. No. 90-34, ~ 11, 9-27-90) Hog farms (minimum parcel size requirement of 2.5 acres). Home occupations, class B (refer to section 807.00)_ Houses of worship and cemeteries (refer to section 817.00(d)). Kennels. Livestock feed lots (minimum parcel sizg requirement of five acres). Nursing homes, boardinghouses approved and licensed by the appropriate state agency (refer to section 817.00(1)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90-34, ~ 11, 9-27-90) Supp. No. 65 47 7 Exhibit I BOOK PAGE 3929 "!!878 VOLUSJA CO..FL ....", EXHIBIT "B" Art. VII VOLUSIA COUNTY CODE Art. VII Off-street parking areas (refer to section 817.00(n)). (Ord. No. 84-1, ~ I, 3-8-84; Ord. No. 90-34, ~ 11, 9-27-90) Poultry farms (minimum parcel size requirement of 2.5 acres). Private clubs (refer to section 817.00(m)). (Ord. No. 84-1, 9 VI, 3-8-84; Ord. No. 90-34, 9 11, 9-27-90) Processing, packaging, storage, retail or wholesale sales of agricultural products not raised on the premises. Public uses not listed as a permitted principal use. (Ord. No. 92-6, ~ XlII, 6-4-92) Public utility Uses and structures (refer to section 817.00(a)). (Ord. No. 84-1, 9 III, 3-8-84) Recreational (refer to section 817.00(c)). (Ord. No. 92-6, 9 XlII, 6-4-92) Riding stables (minimum parcel size requirement of five acres). (Ord. No. 82-20, 9 V, 12-9-82) Sanitary landfill, class III only (refer to section 817.00(p)), minimum parcel size of 10 acres). (Ord. No. 90-34, ~ 11, 9-27-90) Schools, parochial and private (refer to section 817.00(d)). Single.family mobile home dwelling with a minimum floor area of 480 square feet as a temporary residence while building a standard or manufactured dwelling (maximum duration of 18 months). (Ord. No. 81-39, 9 VII, 11-19-81; Ord. No. 84-1, 9 VI, 3-8-84) Temporary campsites for 3 days before, during and 3 days after any regularly scheduled racing event at the Daytona Beach International Speedway during the month of March on condition that security, portable toilets, garbage disposal and potable water facilities sufficient to accommodate all occupants are provided. Sales of products are permitted at'said campsites. (Ord. No. 87-14, ~ II, 6-18.87) Wholesale or retail fertilizer sales. (Ord. No. 85-25, 9 IV, 10-10-85) Dimensional Requirements: Minimum lot size: Area: 1 acre_ Width: 150 feet. Minimum yard size: Front yard: 40 feet Rear yard: 40 feet Side yard: Abutting any lot: 25 feet. (Ord. No. 81-39, 9 VIII, 11-19-81) Abutting any street: 40 feet. Waterfront yard: 40 feet or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, ~ XIII, 12-9-82; Ord. No. 90-34, 9 11, 9-27-90) Maximum building height: 55.feet. Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed 35 percent. Supp. No. 65 48 8 Exhibit I SOOK PAGE 3929 ~'79 ~ VOLUSJA co.. FL EXHIBIT "B" .-' Art. VII APPENDIX B-ZONING ORDINANCE Art. VII Minimum floor area: 1,000 square feet. (Ord. No. 81-39, ~ VII, 11-19-81; Ord. No. 84-1, ~ VI, 3-8-84) Off-Street Parking and Loading Requirement: OfT.street parking and loading areas meeting the requirements of sections 810.00 and 811.00 shall be constructed. (Ord. No. 90.34, ~ 11, 9-27-90) Skirting Requirement for Mobile Home Dwelling: The area between the ground and floor of the mobile home dwelling shall be enclosed with skirting. (Ord. No. 84.1, ~ VI, 3-8-84) Types of Signs Permitted: Ground signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Temporary signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) RR RURAL RESIDENTIAL CLASSIFICATION Purpose an~tent: The purpose and intent of the RR Rural Residential Classification is to provide for devetopment, in a manner which is consistent with the comprehensive plan, in \ rural areas of the cou~,ty. (Ord. No. 90.34, ~ 13, 9-27.90) \ Permitted Principal Uses and Structures: In the RR Rural Residential Classification, no premises shall be used except for the following Uses and their customary accessory uses or structures: Essential utility services. (Ord. No. 84-1, ~ III, 3-8-84) Exempt excavations (refer t~ection 817.00(0)) and/or those which comply with article VIII of the Land Development''(Jode of V olusia County [appendix AI and/or final site plan review procedures of this otdinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 13, 9.27.90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20 ~ VI, 6-8-89; Ord. No. 90-34, ~ 13, 9-27-90) , Fire stations. (Ord. No. 92-6, ~ XIV, 6;,4-92) Hobby breeder. (Ord. No. 92-6, ~ XIV, 6-4-92) Home occupations, class A (refer to section 807.00). Parks and recreation areas accessory to residential developments. / Public schools. (Ord. No. 92-6. ~ XIV, 6-4-92) Publicly o~ned parks and rfcreational areas. (Ord. No. 92-6, ~ XIV, 6-4-92) Publicly owned or regulat~ water supply wells. (Ord. No. 92-6, ~ XIV, 6-4-92) Raising of C.l"OpS and kee lng of animals. for personal use (not for resale), accessory to a single-family dwe . g. The personal Use restriction is not intended to apply to 4.H, FF A or similar ed cational projects. Single-family standar or manufactured dwelling. (Ord. No. 84.1, ~ IX, 3-8-84) Supp. No. 65 49 9 Exhibit I . . BOOK PAGE 3929 2~O VOLUSIA co.. FL ...."" ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this (0 th day of liA I rnv , 1994, by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, 104 N. Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as "City"); and GEORGE W. and IRENE B. NEGEDLY, 1886 South Air Park Road, Edgewater, Florida 32141-6909 (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 1.14 acres located on Air Park Road. 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 A-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. The City agrees to create a land use designation that shall be (annexation\western.NegedlYJ February 18, 1994 1 Exhibit J BOOK PAGE 3929 '- 2881 ~ VOLUSIA co.. FL known as Rural Residential. The purpose of this designation is to accommodate landowners who desire a semi-rural environment in close proximity to urban facilities and services. Homesi tes smaller than one (1) acre shall not be permitted under this designation. The keeping of livestock for noncommercial purposes will be permitted. 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. (annexation\western.NegedlYJ February 18, 1994 2 Exhibit J aOOK PAGE 3 9 2 9 '-!!8 8 2 VOLUSIA CO..FL 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 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. (annexation\western.Negedly) February 18, 1994 3 Exhibit J BOOK PALL 3929 2883 VOLUSIA CO..FL ATTEST: Witnessed by: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: F.j4Yo Haj(�ia R. n, Si: yor 111 Dated: APPR D FOR FORK AND ORRECTNESS: A, Kr�ista A. Storey City Attorney OWNER: George W. egedly Beverly Kinney -Johnson Witness named typed Beverly Kinney -Johnson Witness named typed STATE OF Florida COUNTY OF Volusia Irene B11 N B (1g4l" - The foregoing instrument was acknowledged before me this 25th day of February , 1994, by GEORGE W. and IRENE B. NEGEDLY, who are personally known to me or who has produced Ll� N 13-1 - 1111 -H S- 4eY- as identification and who did (did not) take an oath. Not'," ot ry blic Elizabeth J. McBride Notary name typed Seal/Stamp: `:1 •.` EIW BEtN J. MCBPIOE MICpAAISBIOB E11%NEB s. 1W10 MuN B, W7 i tllmOTpl lNW lux mYM1llxExlG (annexation\western.Negedly) February 18, 1994 Exhibit J BOOK PAGE 3929 -wa8t. VOLUSIA co., FL ..., EXHIBIT "A" LEGAL DESCRIPTION Part of Lot 39, and part of Lots 269 and 270, lying Westerly of Air Park Road, Assessor's Subdivision of the Samuel Betts Grant as shown on map in Map Book 3, Page 153, Public Records of Volusia County, Florida being more particularly described as follows: Commence at the Northeast corner of said Lot 39; thence N 69038'30" E along the Northerly line of Lot 267, a distance of 104.70 feet to the Westerly line of Air Park Road a 50 foot right- of-way as now laid out; thence S 14047'01" E along said Westerly line, a distance of 87.35 feet; thence S 0042'05" E, along said Westerly line, a distance of 162.65 feet for the Point of Beginning; thence continuing S 0042'05" E, a distance of 109.95 feet; thence S 7020'18" E along the said Westerly line, a distance of 15.05 feet; thence S 69038'30" W, a distance of 370 feet; thence N 01029'57" W, a distance of 124.91 feet; thence N 69038'30" E, a distance of 370 feet of the Point of Beginning. Containing 1.00 acre more or less, also known as Parcel #3, Stanley Acres North, an unrecorded plat. (annexation\western.Negedly) February 18, 1994 5 Exhibit J aOOK PAGE 3929 ~885 VOLUSIA CO.t FL '-' EXHIBIT "B" . . Art. VII VOL USIA COUNTY CODE Art. VII \ Minimum yard\;Jze: Front yard: S() feet. Rear yard: 50 ~~t. Side yard: Abutting any lo.t: 25 feet. Card. No. 81-39, ~ VI, 11-19-81) Abutting any stre.~t: 50 feet. - Waterfront yard: 50 feet or the required shoreline buffer, whichever is greater. Card. No_ 82-20, ~ XIII, 12-9-82; Ord. No. 90-34, ~ 10, 9-27-90) Maximum building height: 45 feet. Card. No. 92-6, ~ XII, 6-4-92) ~Maximum lot coverage: The total lot area covered with principal and acccssol-y buildings shall not exceed 35 percent. Minimum floor area: 750 square feet. Card. No. 81-39, ~ VI, 11-19-81; Ord. No. 84-1, ~ V, 3-8-84) Ofr-Street Par/ling and Loading Requirem~hts: Ocr-street parking and loading areus meeting the requirements of sections 810.00 and 811.00 shall be constructed. (Ord. No. 90-34, ~ 10, 9-27-90) S/lirting Requirement for Mobile lIofne Dwelling: The al'ea between the ground and flOOI- of the mobile home dwelling shall be e~closed with skirting. Card. No. 84-1, ~ V, 3,8,84) Types of Signs Permitted: Ground signs Crefer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Projecting signs Crefer to section 822.00 et seq. for additional regulations). COrd. No. 86-16, ~ IX, 10-23-86) Temporary signs Crefcrio section 822.00 et scq. for additional regulations). Card. No. 86-16, !i IX, 10-23j6) '- The purpose and intent of the A-3 Transitional Agriculture Classification is to preserve and protect small farms for personal and limited agricultural Pl'oduction or to provide a transitional agricultural zone between more intensive agricultural use areas and residential areas. It is intended that this classification be applied to properties which are within a des- ignated rural community, to preserve existing agricultural uses in urban areas as depicted by the comprehensive plan, or to properties so as to coincide with the existing character of an area in a manner consistent with the comprehensive plan. (Ord. No. 90-34, ~ 11, 9-27-90) A-3 TRANSITIONAL AGRICULTURE CLASSIFICATION'" Permitted Principal Uses and Structures: In the A-3 Transitional Agriculture Classifica- tion, no premises shall be used except for the following uses and their customary accessory uses or structures. COrd. No. 90-34, ~ 11, 9-27-90) _ "'Editor's note-Section 11 of Ord. No. 90-34, adopted Sept. 27, 1990, changed the title of the A-3 classification from "Limited Agriculture" to "Transitional Agriculture." Supp. No. 65 46 6 Exhibit J BOOK PAGE 3929~ 2886 VOLUSIA co.. FL ...., EXHIBIT "B" Art VII APPENDIX B-ZONING ORDINANCE Art VII Except for those permitted special exceptions listed hereunder, all agricultural pursuits, including the processing, packaging, storage and sale of agriculture products which are raised on the premises. (Ord. No. 84-1, ~ VI, 3-8-84) Apiaries. Aviaries. 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 VIII of the Land Development Code of Vol usia County [appendix A] and/or final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11, 9-27-90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11, 9-27-90) Fire stations. (Ord. No. 92-6, ~ XIII, 6-4-92) Hobby breeder. (Ord. No. 92-6, ~ XIII, 6-4-92) Home occupations, class A. Parks and recreation areas accessory to residential developments. Pisciculture. Public schools. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned parks and recreational areas. (Ord. No. 92-6, ~ XIII, 6-4-92) Publicly owned or regulated water supply wells. (Ord. No. 92-6, ~ XIII, 6-4-92) Single.family standard or manufactured dwelling. (Ord. No. 84-1, ~ VI, 3-8-84) Tailwater recovery systems. (Ord. No. 82-20, ~ V, 12-9-82) Worm raising. Permitted Special Exceptions: Additional regulationslrequirements governing permitted special exceptions are located in sections 817.00 and 1104.00 of this ordinance. (Ord. No. 90-34, ~ II, 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, ~ 11, 9-27-90) Dairies and dairy products (minimum parcel size requirement of five acres). Day care centers (refer to section 817.00(0). (Ord. No. 90-34, ~ 11, 9-27-90) Excavations only for stormwater retention ponds for which a permit is required by this ordinance. (Ord. No. 84-1, ~ VI. 3-8-84; Ord. No. 89-20, ~~ VII, IX, 6-8-89) Garage apartments. Group home (refer to section 817.00(1)). (Ord. No. 90-34, ~ 11, 9.27-90) Hog farms (minimum parcel size requirement of 2.5 acres). Home occupations, class B (refer to section 807.00). Houses of worship and cemeteries (refer to section 817.00(d)). Kennels. Livestock feed lots (minimum parcel sii~ requirement of five acres). Nursing homes, boardinghouses approved and licensed by the appropriate state agency (refer to section 817.00(1)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90-34, ~ 11, 9.27-90) Supp. No. 65 47 7 Exhibit J BOOK PAGE 3929 ~28B7 VOLUSIA co., FL """" EXHIBIT "B" Art. VII VOLUSIA COUNTY CODE Art. VII Off-street parking areas (refer to section 817.00(n)). (Ord. No. 84-1, ~ I, 3-8.84; Ord. No. 90-34, ~ 11, 9-27-90) Poultry farms (minimum parcel size requirement of 2.5 acres). Private clubs (refer to section 817.00(m)). (Ord. No. 84-1, ~ VI, 3.8.84; Ord. No. 90.34, ~ 11, 9-27-90) Processing, packaging, storage, retail or wholesale sales of agricultural products not raised on the premises. Public uses not listed as a permitted principal use. (Ord. No. 92.6, ~ XlII, 6.4.92) Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84.1, ~ III, 3.8-84) Recreational (refer to section 817.00(c)). (Ord. No. 92.6, ~ XlII, 6-4-92) Riding stables (minimum parcel size requirement of five acres). (Ord. No. 82.20, ~ V, 12-9.82) Sanitary landfill, class III only (refer to section 817.00(p)), minimum parcel size of 10 acres). (Ord. No. 90-34, ~ 11, 9-27-90) Schools, parochial and private (refer to section 817.00(d)). Single-family mobile home dwelling with a minimum floor area of 480 square feet as a temporary residence while building a standard or manufactured dwelling (maximum duration of 18 months). (Ord. No. 81-39, ~ VII, 11-19-81; Ord. No. 84-1, ~ VI, 3-8.84) Temporary campsites for 3 days before, during and 3 days after any regularly scheduled racing event at the Daytona Beach International Speedway during the month of March on condition that security, portable toilets, garbage disposal and potable water facilities sufficient to accommodate all occupants are provided. Sales of products are permitted at'said campsites. (Ord. No. 87-14, ~ II, 6.18-87) Wholesale or retail fertilizer sales. (Ord. No. 85-25, ~ IV, 10-10.85) Dimensional Requirements: Minimum lot size: Area: 1 acre. Width: 150 feet. Minimum yard size: Front yard: 40 feet Rear yard: 40 feet Side yard: Abutting any lot: 25 feet. (Ord. No. 81-39, ~ VIII, 11-19.81) Abutting any street: 40 feet. Waterfront yard: 40 feet or the required shoreline buffer, whichever is greater. (Ord. No. 82-20, ~ XIII, 12-9-82; Ord. No. 90-34, ~ 11, 9-27-90) Maximum building height: 55.feet. Maximum lot couerage: The total lot area covered with principal and accessory buildings shall not exceed 35 percent. Supp. No. 65 48 8 Exhibit J : .-' . , . BOOK PAGE 3929 2sihf VOLUSIA CO.. FL lIIIIIII' EXH~BIT "B" Art VII APPENDIX B-ZONING ORDINANCE Art. VII Minimum floor area: 1,000 square feet. (Ord. No. 81-39, ~ VII, 11-19-81; Ord. No. 84-1, ~ VI, 3-8-84) Off-Street Parking and Loading Requirement: Off-street parking and loading areas meeting the requirements of sections 810.00 and 811.00 shall be constructed. (Ord. No. 90-34, ~ 11, 9-27-90) . Skirting Requirement for Mobile Home Dwelling: The area between the ground and floor of the mobile home dwelling shall be enclosed with skirting. (Ord. No. 84-1, ~ VI, 3-8-84) Types of Signs Permitted: Ground signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Projecting signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Temporary signs (refer to section 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) ~RURAL RESIDENTIAL CLASSIFICATION Purpose and Intent: Th~'l'urpose and intent of the RR Rural Residential Classification is to provide for development, in"1l manner which is consistent with the comprehensive plan, in rural areas of the county. (Ord>No. 90-34, ~ 13, 9-27-90) Permitted Principal Uses and Structures: In the RR Rural Residential Classification, no premises shall be used except for the following uses and their customary accessory uses or structures: Essential utility services. (Ord. No. 84-1, ~ III, 3-8-84) Exempt excavations (refer to section 817.00(0)) and/or Ihose which comply with article VIII of the Land Development Code of VQlusia County [appendix A] and/or final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 13, 9-27-90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20 ~ VI, 6-8-89; Ord. No. 90-34, ~ 13, 9-27-90) Fire stations. (Ord. No. 92-6, ~ XIV, 6-4-92) Hobby breeder. (Ord. No. 92-6, ~ XIV, 6-4-92) Home occupations, class A (refer to sectiorl807.00). Parks and recreation areas accessory to ~sidential developments. Public schools. (Ord. No. 92-6, ~ XIV, 6-,4-92) . I Publicly owned parks and recreational/areas. (Ord. No. 92-6, ~ XIV, 6-4-92) Publicly owned or regulated water su,pply wells. (Ord. No. 92-6, ~ XIV, 6-4-92) Raising of crops and keeping of ani 'als. for personal use (not for resale), accessory to a single-family dwelling. The pen onal use restriction is not intended to apply to 4-H, FF A or similar educational pI: ~ects. Single-family standard or manuC ctured dwelling. (Ord. No. 84-1, ~ IX, 3-8-84) Supp. No. 65 49 9 Exhibit J , '. SOOK PAPC" 3929 288~ VOLUSIA CO..FL ....., ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this tJJ -I::Jr-- day of ~ lmJ ) , 1994, by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, 104 N. Riverside Drive, Edgewater, Florida 32132, (hereinafter referred to as "City"); and EDGEWATER SHELL MINING, INC. (hereinafter referred to as "Owner"). WHEREAS, 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 nonresidential parcel of approximately sixty-eight (68) acres located south of State Road 442 approximately three thousand (3000) feet east of Interstate 95. There is a borrow pit of approximately twenty-two (22) acres on a portion of 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 A-3 by Volusia County. Attached hereto and incorporated by reference as Exhibit B is a list of the permitted uses and the restrictions 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. The City acknowledges the existence of the borrow pit on the property and agrees to allow its expansion pursuant to applicable permitting procedures so long as a fifty (50) foot setback from all property lines is maintained. Owner intends to develop the approximately fourteen (14) acres with frontage on State Road 442 for a nonresidential use. Owner acknowledges that this property annexation/western.coleman March 9, 1994 1 Exhibit K , . ~ BOOK PAGE 3929 '2'890 theY SLItS lActQeieLy assures the forms an important entrance for City of Owner's intent to develop the property in an aesthetically pleasing manner. To this end, Owner agrees that at the time of development review, the City may impose reasonable conditions to assure that the project is developed in a manner which results in an aesthetically pleasing entrance to the City. 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. 3. 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. 4. 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. 5. AMENDMENT This Agreement may only be amended in writing, upon mutual consent of the parties. 6. 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 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. annexation/western.ooleman March 9, 1994 2 Exhibit K 800K PAGE 3929 2891 VOLUSIA CO.. FL 7. 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. S. 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. 9. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to ATTEST: and year first written above. CITY COUNCIL OF THE CITY OF ED,G�E�JWATER, FLORID Jack H. an, HE. Mayor Ll APPROVED FOR FORM AND CORRECTNESS: i C R eta A. Storey City Attorney EDGEWATER SHELL President annexation/western.coleman March 9, 1994 3 Exhibit H BOOK 3929 2892 VOLUSIA co.. FL PAGE ..... ...., EXHIBIT "A" LEGAL DESCRIPTION Lot One (1), Model Land Company's Subdivision of the Betts Grant as recorded in Map Book 5, Page 187, of the Public Records of Volusia County, Florida, excepting therefrom that part now located in State Road 442 as now laid out and used; AND Lot One (1), Model Land Company's Subdivision of Section Eight (8), Township Eighteen (18) South, Range Thirty-four (34) East, as recorded in Map Book 5, Page 188, of the Public Records of Volusia County, Florida, excepting therefrom that part of said Lot One (1), Model Land Company's Subdivision lying within three hundred (300) feet of the centerline of the Florida East Coast Railway Company's Branch Line as measured at right angles to the centerline; AND Lots Two (2), Three (3) and Four (4) inclusive, Model Land Company's Subdivision of Section Eight (8), Township Eighteen (18) South, Range Thirty-four (34) East as recorded in Map Book 5, Page 188, of the Public Records of Volusia County, Florida; AND the West Ten (10) feet of u.S. Lot One, Section 9, Township 18 South, Range 34 East, Volusia County, Florida. annexation/western.coleman March 9, 1994 4 Exhibit K BOOK PAGE 392s.. 2893 VOLUSIA CO., FL EXHIBIT ,.., "B" , . . 1..._ Art. VII VOLUSJA COUNTY CODE Art. VII "- Minimum yafd, size: Front yard: 50 feet. Rear yard: 50 feet. Side yard: \ Abutting anY'lot: 25 feet. (Ord. No. 81-39, ~ VI, 11-19-81) Abutting any stteet: 50 feet. .' , . Waterfront yard: 50 fe~t or the required shoreline buffer, whichever is gl'eater. (Ord. No. 82-20, ~ XIII, 12:9-82; Ord. No. 90-34, ~ 10, 9-27-90) \ ~. i. i ~ Maximum building height: 45 f~et. (Ord. No. 92-6, ~ XII, 6.4-92) l\1aximum lot coverage: The totalfu.t area covered with principal and accessol-y buildings shall not exceed 35 percent. Minimum floor area: 750 square feet. (Qrd. No. 81739, ~ VI, 11-19-81; Ord. No. 84-1, ~ V, 3-8-84) \ Off Street Parhing and Loading Requirements:.o.ff-sh-cet parking and loading areas meeting the requirements of sections B10.00 nnd B11.00 llflall be constructed. (Ord. No. 90-34, ~ 10, 9-27-90) I Shirting Requirement {or Mobile Home Dyjelling: The al-ea between the ground and Door of the mobile home dwelling shall be enclosed with skirting. (Orel. No. 84-1, ~ V, 3.8-84) Types of Signs Permitted: Ground signs (refer to section 822.0q/~t seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) Projecting signs (refer to section S,Z2.00 et seq. for additional regulations). (Ord. No. 86.16, ~ IX, 10-23-86) ._j Temporary signs (refer to se,ion 822.00 et seq. for additional regulations). (Ord. No. 86-16, ~ IX, 10-23-86) , The purpose and intent of the A-3 Transitional Agriculture Classification is to preserve and protect small farms for personal and limited agricultural Pl'oduction or to provide a transitional agricultural zone between more intensive agricuItul'01 use areas and residential areas. It is intended that this classification be applied to properties which are within a des- ignated rural community, to preserve existing agricultural uses in urban areas as depicted by the comprehensive plan, or to properties so as to coincide wi th the existing character of an m'en in a manner consistent with the comprehensive plan. (Ord. No. 90-34, !1 11, 9-27-90) A-3 TRANSITIONAL AGRICULTURE CLASSIFICATION* Permitted Principal Uses and Structures: In the A-3 Transitional Agriculture Classifica- tion, no premises shall be used except for the following uses and their customary accessory uses or structures. (Ord. No. 90-34, !11l, ,9-27-90) . "'Editor's nato-Section 11 oCOrd. No. 90-34, adopted Sept. 27,1990, changed the title of t.ho A.3 classification from "Limited Agriculture" to "Tl-ansitionaIAgriculture." Supp. No. 65 46 5 Exhibit K BOOK PAGE 3929 2~4 ~ VOL USIA co.. fL EXHIBIT "B" Art. VII APPENDIX B-ZONING ORDINANCE Art. VII Except for those permitted special exceptions listed hereunder, all agricultural pursuits, including the processing, packaging, storage and sale of agriculture products which are raised on the premises. (Ora. No. 84-1, ~ VI, 3.8-84) Apiaries. Aviaries. 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 VIII of the Land Development Code of V olusia County [appendix AI and/or final site plan review procedures of this ordinance. (Ord. No. 84-1, ~ III, 3-8-84; Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11, 9-27-90) Exempt landfills (refer to section 817.00(p)). (Ord. No. 89-20, ~ VI, 6-8-89; Ord. No. 90-34, ~ 11, 9-21-90) Fire stations. (Ord. No. 92-6, ~ XIII, 6-4-92) Hobby breeder. (Ord. No. 92-6, S XIII, 6-4-92) Home occupations, class A. Parks and recreation areas accessory to residential developments. Pisciculture. Public schools. (Ord. No. 92-6, S XIII, 6-4-92) Publicly owned parks and recreational areas. (Ord. No. 92-6, !} XIII, 6-4.92) Publicly owned or regulated water supply wells. (Ord. No. 92-6, !} XIII, 6-4-92) Single.family standard or manufactured dwelling. (Ord. No. 84-1, ~ VI, 3-8-84) Tailwater recovery systems. (Ord. No. 82-20, S V, 12-9-82) Worm raising. Permitted Special Exceptions: Additional regulationslrequirements governing permitted special exceptions are located in sections 811.00 and 1104.00 of this ordinance. (Ord. No. 90-34, S 11,9-27-90) Antennas exceeding 70 feet in height above ground level. Bed and breakfast homestay (refer to section 817.00(5)). (Ord. No. 90-34, !} II, 9-27-90) Dairies and dairy products (minimum parcel size requirement of five acres). Day care centers (refer to section 817.00(0). (Ord. No. 90-34, ~ 11, 9-27-90) Excavations only for stormwater retention ponds for which a permit is required by this ordinance. (Ord. No. 84-1, ~ VI. 3-8-84; Ord. No. 89-20, SS VII, IX, 6-8-89) Garage apartments. Group home (refer to section 817.00(1)). (Ord. No. 90-34, S 11, 9-27.90) Hog farms (minimum parcel size requirement of 2.5 acres). Home occupations, class B (refer to section 807.00). Houses of worship and cemeteries (refer to section 817.00(d)). Kennels. Livestock feed lots (minimum parcel siie requirement of five acres). Nursing homes, boardinghouses approved and licensed by the appropriate state agency (refer to section 817.00(1)). (Ord. No. 84-1, ~ VI, 3-8.84; Ord. No. 90.34, ~ 11, 9-27.90) Supp. No. 65 47 6 Exhibit K . . oUUr\ t'lAliE 3929 28~ VOLUSIA co.. FL ....., EXHIBIT "B" Art. VII VOLUSIA COUNTY CODE Art. VII Off-street parking areas (refer to section 817.00(n)). (Ord. No. 84-1, ~ I, 3-8.84; Ord. No. 90-34, !i 11, 9-27.90) Poultry farms (minimum parcel size requirement of 2.5 acres). Private clubs (refer to section 817.00(m)). (Ord. No. 84-1, ~ VI, 3-8-84; Ord. No. 90-34, !i 11, 9.27-90) Processing, packaging, storage, retail or wholesale sales of agricultural products not raised on the premises. Public Uses not listed as a permitted principal use. (Ord. No. 92-6, !i XlII, 6-4-92) Public utility uses and structures (refer to section 817.00(a)). (Ord. No. 84-1, ~ III, 3-8-84) Recreational (refer to section 817.00(c)). (Ord. No. 92-6, !i XlII, 6-4-92) Riding stables (minimum parcel size requirement of five acres). (Ord. No. 82-20, Ii V, 12-9-82) Sanitary landfill, class III only (refer to section 817.00(p)), minimum parcel size of 10 acres). (Ord. No. 90.34, ~ 11, 9-27.90) Schools, parochial and private (refer to section 817.00(d)). Single-family mobile home dwelling with a minimum Ooor area of 480 square feet as a temporary residence while bUilding a standard or manufactured dwelling (maximum duration of 18 months). (Ord. No. 81-39, !i VII, 11-19-81; Ord. No. 84-1, !i VI, 3-8-84) Temporary campsites for 3 days before, during and 3 days after any regularly scheduled racing event at the Daytona Beach International Speedway during the month of March on condition that security, portable toilets, garbage disposal and potable water facilities sufficient to accommodate all occupants are provided. Sales of products are permitted at" said campsites. (Ord. No. 87-14, !i II, 6.18.87) Wholesale or retail fertilizer sales. (Ord. No. 85-25, Ii IV, 10-10-85) Dimensional Requirements: J.1inimum lot size: Area: 1 acre. Width: 150 feet. Minimum yard size: Front yard: 40 feet Rear yard: 40 feet Side yard: Abutting any lot: 25 feet. (Ord. No. 81-39, !i VIII, 11-19-81) Abutting any street: 40 feet. Waterfront yard: 40 feet or the required shoreline huffer, whichever is greater. (Ord. No. 82-20, ~ XIII, 12.9-82; Ord. No. 90-34, ~ 11, 9-27-90) Maximum building height: 55 ,feet. Maximum lot coverage: The total lot area covered with principal and accessory bUildings shall not exceed 35 percent. Supp. No. 65 48 7 Exhibit K Own PAGE 3929 280 VOLUSIA CO.. FL EXHIBIT "B" 'y Art. VII APPENDIjC B-etiDMNG ORDINANCE Minimum floor area: Art. VII 1,000 square feet. (Ord. No. 81-39. § VII, 11-19-81; Ord. No. 84-1, § VI, 3.8-84) Of -Street Parking and Loading Requirement.: Off-street parking and loading areas meeting the requirement. of sections 830.00 and 811.00 shell be constructed. (Ord. No. 90.34, 9-27-90) Skirting Regairement for Mobile Home Dwelling: The area between the ground and floor of the mobile home dwelling shall be enclosed with skirting. (Ord. No. 84-1, § VI, 3-8-84) Types of 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, § rX, 10-23-86) Temporary signs (refer to section 822.00 at seq. for additional regulations). (Ord. No. 86-16, § IX, 10.23-86) RR RURAL RESIDENTIAL CLASSIFICATION T's. Purpose and In n1: The purpose end intent of the RR Rural Roidential Classification is to provide for develop ent, In a manner which (. consistent with. he comprehensive plan, in rural areas of the count . (Ord. No. 90-34, § 13, 9-27-90) i Permitted Principal U s and Structures: In the RR Rur 'Residential Classification, no premises aball be used exce for the following uses and t air customary accessory uses or structures: Essential utility services. ( d. No. 84-1, § III, Exempt excavations (refer to s ction 817.00(0)) s of the Land Development de of Volusia review procedures of this ordr4amce. (Ord. 1 6.8-89; Ord, No. 90-34, 9 13, 9IdT Exempt landfills (refer to section 8175 § 13, 9-27-90) Fire stations. (Ord. No. 92-6, § )CIV, 6 hobby breeder. (Ord. No. 92-6, § XIV, Home occupations, class A (refer to se, Parks and recreation areas accessory I Public schools. (Ord. No. 92.61 § XIV, Publicly owned parks and recreatio Publicly owned or regulated water up Raising of crops and keeping of a )me single-family dwelling. The arson FFA or similar educational roject Single-family standard or man facture 11 those which comply with article Vill amy [appendix A) and/or final site plan 84-1, § III, 3.8-84; Ord. No. 89.20, § VI, No. 89 20 § VI, 6-8-89; Ord, No. 90-34, .00). developments. areas. (Ord, No. 92-6. § XIV, 6-4.92) dy wells. (Ord. No. 92-6, § XIV, 6.4-92) s for personal us, (not for resale), accessory to a d use restriction 13 not intended to apply to 4-II, 1 dwelling. (Ord. No. 84-1. § IX, 3 8-84) 6cp, No. 66 99 Exhibit R 091510