09-09-2002 - Workshop
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CITY COUNCIL OF EDGEWATER
WORKSHOP
SEPTEMBER 9, 2002
6:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Vice Mayor Rhodes called the Workshop to order at 6:00 p.m. in
the Community Center.
ROLL CALL
Mayor Donald Schmidt
Councilman James Brown
Councilman Dennis Vincenzi
Councilwoman Harriet Rhodes
Councilwoman Judith Lichter
City Manager Kenneth Hooper
City Clerk Susan Wadsworth
Legal Assistant Robin Matusick
Assistant City Manager Liz McBride
Arrived at 6:45
Present
Present
Present
Excused
Present
Present
Present
Present
p.m.
MEETING PURPOSE
The purpose of the Workshop was to discuss issues related to the
ParkTowne Industrial Center (purchase price, minimum acreage,
etc. ) .
City Manager Hooper made a staff presentation regarding what has
been done to date, where they stand on the purchase from FIND,
and the different levels of service they are hoping to do with
regard to the ParkTowne Industrial Center. (Attached)
Councilwoman Rhodes asked if the $5 million includes the
improvements. City Manager Hooper informed her the $5 million
includes all the Phase I improvements. He informed Council once
they get into Phase II and get further down the road, he will be
back in front of Council annually adjusting some of the prices.
Councilwoman Rhodes stated as people purchase the property, they
will pay for whatever is on the property at that time. City
Manager Hooper informed her that is correct. People that are
coming into to buy property are looking at Area A and a piece of
Area D, which is what is available.
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'W
PARKTOWNE INDUSTRIAL CENTER
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
This Declaration is made by the City of Edgewater, a local municipality, whose address is
P.O. Box 100, Edgewater FL 32132.
RECITALS
The City of Edgewater is the Owner in fee simple of the following described real property
located in Edgewater, Volusia County, Florida, now known as ParkTowne Industrial Center,
hereafter referred to as "Park", according to the plat thereof recorded in the Public Records of
Volusia County, Florida, as amended from time to time, and more particularly described as follows:
See Exhibit "A" attached hereto and incorporated herein by reference.
Owner desires to submit the real property to certain restrictions and covenants set forth herein
upon and subject to which all of said property shall be held, improved, maintained and conveyed.
NOW, THEREFORE, the Owner makes the following Declaration:
1. PURPOSE AND APPLICATIONS
The purpose of these restrictions is to insure proper development and use of said property,
to prevent the erection on said property of structures built of improper design or materials,
to encourage the erection of attractive improvements at appropriate locations, to prevent
haphazard and inharmonious improvements and in general to provide adequately for quality
improvements of said property.
Said property shall be held, conveyed, rented, leased, encumbered, used, occupied and
improved subject to the conditions, covenants, restrictions and limitations hereinafter set
forth, which shall bind all parties having or acquiring any right, title of interest in said
property or any part thereof, and shall apply to and bind their heirs, assignees and successors
in right, title or interest thereof. The Owner or any other property owner within the
ParkTowne Industrial Center shall be entitled to enforce the covenants, conditions and
restrictions contained herein.
Warranty Deeds shall include the following and Buyer shall take title subject to:
a. Restrictions and matters appearing on the survey;
b. Public utility and drainage easements of record;
c. Taxes for the year of closing, if any, and subsequent years;
d. Restrictions and covenants applicable to the ParkTowne Industrial Center;
ParkTowne Covenants (9/4/02)
1Iw'
,..."
Developer means any person, partnership, or corporation, or duly authorized agent, its
successors or assigns who undertake any material changes to land or other activities under
these covenants.
Improvements means and include buildings, out-buildings, parking areas, loading areas,
driveways, fences, walls, landscaped areas, surface water or storm water management
systems, easements, roadways, right of ways, poles, signs and any structure of any type or
kind.
Lot means any lot, or portion thereof, or two or more contiguous lots or portions thereof, or
a parcel of land upon which a building or buildings and appurtenant structures, including
landscaping, may be erected in conformance with the requirements of these restrictions.
Permanent Structure means a building designed, and constructed from the ground up,
meeting all building code and fire protection standards and intended to be used for more than
180 days, but does not include land preparation, such as clearing, grading and filling.
Specimen Trees means any tree that is unique by reason of age, size, rarity, or status as a
landmark as determined by an arborist or botanist and includes the following species of trees
with a minimum twelve (12 ") inch diameter measured at breast height: Turkey and other oak
species, Maple, Cypress, Sweet Gum, Hickory, Elm, Loblolly, Sweet, Red and Swamp Bay,
Sycamore and Magnolia.
Surface Water or Storm Water Management System Means a system which is designed
and constructed or implemented to control discharges which are necessitated by rainfall
events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse
water to prevent or reduce flooding, overdrainage, environmental degradation, and water
pollution or otherwise affect the quantity and quality of discharges.
4. REGULATION OF IMPROVEMENTS
All improvements constructed at ParkTowne Industrial Center shall be subject to the
following regulations and all applicable provisions of the City of Edgewater Land
Development Code:
Lot Coverage. No more than ---% of the surface area of any site shall be devoted to the
erection and/or placement of permanent structures unless approved in writing by the City.
A permanent structure shall be defined as outlined in the definition sections of this
declaration and the Land Development Code.
Landscaping. Unless otherwise specified in this document, all sites shall provide
landscaping in accordance with the City Land Development Code. All approved landscaping
shall be maintained thereafter in a well kept condition.
ParkTowne Covenants (9/4/02)
3
'-"
.....,
Wall signs and identification on buildings shall be of such size, design, content, illumination,
color and placement as specifically approved in writing by the Association. No sign shall
be substituted or modified without a sign permit.
Roof signs shall not be permitted.
Parking and Loading. There shall be allowed, parking stalls within five (5) feet ofthe side
or rear property line. No parking shall encroach into the required front landscape area.
All parking areas, driveways and loading areas shall be paved. All perimeter parking areas
shall be curbed.
Adequate off-street parking shall be provided to accommodate all parking needs for
employees, visitors and company vehicles on the site. The intent of this provision is to
eliminate all parking on streets and right-of-ways in the park. If parking requirements
increase as a result of a change in use or number of employees, additional off-street parking
shall be provided to satisfy the intent of this section.
The Association may at its discretion further prohibit parking where the same constitutes a
hazard or increases congestion or inconvenience.
All loading, including turn-around areas shall be designed and constructed based on
AASHTO's "A Policy on Geometric Design of Highways and Streets."
All loading, including turn-around areas must be conducted entirely on the building site in
loading dock areas which do not face the street unless specific approval to the contrary is
granted in writing by the Association. Roll up doors, sliders or overhead doors which face
the street in Area "A"are prohibited. If due to lot or building constraints, loading docks or
truck doors may be permitted, but shall be hidden from street view by landscaping, berms
or walls or a combination.
Loading docks shall be a minimum of one hundred (100) feet from the street. Vehicles
engaged in loading and unloading of goods and materials shall not utilize public streets,
utility or drainage easements.
Storage and Refuse Area. No materials, supplies, or equipment, including company-
owned or operated trucks, refuse, or trash containers or satellite dishes or antennas shall be
stored, installed or kept in any areas on a site which are visible from the frontage view of a
public street.
All accessory storage and refuse areas shall be located on the rear or side portions of the site
and not in the area between structures and the street.
ParkTowne Covenants (9/4/02)
5
.....,.
"""'"
Street and Exterior Lighting. Street lighting locations shall be approved by the
Association and provided by the local power company. A street light fee shall be charged
to each property owner by the Association to cover maintenance and operational costs.
All exterior area site lighting shall be high pressure sodium vapor fixtures.
All exterior lighting must be so arranged or shielded as to avoid excessive glare or reflection
onto any portion of any adjacent road, street, the path of oncoming vehicles, or any adjacent
property. Unless required by FAA regulations, no flashing, rotating, traveling, animated,
colored or intermittent lighting shall be permitted.
5. APPROVAL OF PLANS
No improvements, as that term is herein above defined, shall be erected, placed, altered,
maintained or permitted to remain on any land subject to these restrictions, nor shall building
or other permits be secured until plans and specifications showing lot layout and all exterior
elevations, with materials and color thereof and structural design, signs, parking and loading
areas, and landscaping have been submitted and approved in writing by the Association.
Such plans and specifications shall be based, among other things, on adequacy of site
dimensions, adequacy of structural design, conformity and harmony of external design with
the neighboring structures, effect of location and use of improvements on neighboring sites,
operations, improvements, and uses, relation of topography, grade and finished ground
elevation of the site being improved to that of neighboring sites, proper orientation of the
building with respect to nearby streets and conformity of the plans and specifications to the
planned purpose and general plan and intent of those restrictions. The Association shall not
arbitrarily or unreasonably withhold its approval of such plans and specifications.
Appeals shall be as set forth in the ----------Scott can you help create this section for an
appeals process? Formerly Land development Code.
Neither the Association or the local government or its assigns shall be liable in damages to
anyone submitting plans and specifications to them for approval, or to any owner or lessee
or land affected by this Declaration, by reason of mistake in judgment, negligence or non-
feasance arising out of or in connection with the approval or disapproval or failure to approve
any such plans. Every person who submits plans for approval hereunder agrees, by
submission of such plans, and every owner or lessee of any of site agrees, by acquiring title
thereto or an interest therein, that he will not bring any action or suit against the Association
or the local government to recover any such damages.
Notwithstanding anything to the contrary contained herein, after the expiration of one (1)
year from the date of the Certificate of Occupancy for any improvement, it shall be deemed
to be in compliance with all provisions of this Section, unless actual notice of such non-
ParkTowne Covenants (9/4/02)
7
......-
.....",
Crematoriums
Distillation of Bones
Drilling for and/or removal of oil, gas or other hydrocarbon substances
Dumping, Disposal, Incineration or reduction of garbage, sewerage, dead animals, or refuse
Funeral Homes
Manufacturing of Raw Chemicals
Mini-Warehouses
Outdoor Storage Yards (accessory use only)
Quarrying of any material
Schools, Public- Religious
Refining of Petroleum or of its products
Restaurants
Rock Crushing
Salvage/Junk Yards
Smelting of Iron, Tin, Zinc or other ores
Stockyard or Slaughter of animals
Taxidermy
Tire recapping facility
Towing/Wrecker Service and Impoundment
Permitted Uses (see Map for Area locations)
The following uses are general in nature and only permitted in each respective Area category.
Other uses or appeals to allow uses in an Area category shall be at the sole discretion of the
Owner until 51 % of the lots are sold, transferring responsibility to the Association.
AREA "A"
Financial Institutions
Laboratory, Research and Development
Light Manufacturing
Professional Office Facilities
Research Facilities
Retail (accessory use)
Warehouse Facilities (no outdoor storage)
Wholesale and Distribution (no outdoor storage)
AREA "B"
Aircraft Manufacturing
Boat Building
CommerciallIndustrial Equipment and Supplies (no rental)
Distribution Facilities
Fleet Based Services
Manufacturing-General
Marine Related Industries
ParkTowne Covenants (9/4/02)
9
'-'
....,I
Easements for Access and Drainage
The City shall have a perpetual non-exclusive easement over all areas of surface water or
storm water management systems, roadways, and utilities easements for access to operate,
maintain and repair the system. By this easement, the City shall have the right to enter upon
any portion of any lot which is a part of the system, at a reasonable time and in a reasonable
manner, to operate, maintain or repair the system as may be required.
Amendments
The Association reserves unto itself and its successors and assigns the right to amend this
Declaration of Restrictive Covenants at any time, and to grant variances from the provisions
hereof, so long as such amendment or variance does not conflict with the general purpose set
forth in paragraph 1 above. Such amendment or variance may be restricted to less than all
parcels or one parcel, within the Park.
Any amendment to these Covenants, Conditions and Restrictions which alter any provision
relating to the surface water or storm water management system, beyond maintenance in its
original condition, including water management portions of the Park Improvements, must
have the prior approval of the SJRWMD and the City of Edgewater.
Any amendment or variance shall be binding on the owners and shall be effective when
recorded in the Public Records of V olusia County, Florida.
Enforcement
The City shall have the right to enforce, by a proceeding at law or in equity, the provisions
contained in these Covenants, Conditions and Restrictions which relate to the maintenance,
operation and repair of the surface water or storm water management system. The SJRWMD
shall enforce provisions of permits issued by their agency.
8. ENFORCEMENT
Inspection
The Association may from time to time upon reasonable notice enter and inspect any
property subject to these Covenants, Conditions and Restrictions to ascertain compliance
therewith.
Abatement and Suit
Violation or breach of any restriction herein contained shall give the Association the right
to enter upon the property where the violation or breach exists and to summarily abate or
remove, at the expense of the owner and lessee as the case may be, any structure, thing or
condition that may be or exist thereon contrary to the intent and meaning of the provisions
hereof. The Association or any owner of property within the park may prosecute a
proceeding at law or in equity against the person or persons who have violated or are
ParkTowne Covenants (9/4/02)
11
~
.....,
Councilman Brown asked if property closer to the entrance is
going to be more expensive. City Manager Hooper informed him
yes, that is the idea. He explained what is built and the area
that has not been built yet. He then pointed out the property
that is now available. They have about 20 acres that people are
looking at, have talked of and tried to pick a site. He feels
they have a market at least for the first 2 years. The debt
service payments are about ~ million dollars per year and at
$50,000 per acre they need to sell ten acres per year.
Councilwoman Rhodes asked if they would consider leasing if
someone wanted to lease. City Manager Hooper stated the
direction from Council so far has been to sell it because if you
lease it, it doesn't go on the tax rolls. Up to this point, he
hasn't had anybody inquire about the ability to lease the
property.
City Manager Hooper then spoke of Area A being the most advanced
and the easiest to get into, which will sell for the higher
amount. Area B may be a little bit less and Area C may be a
little bit less. Area D is probably the most industrial and most
intense. That would be an area that would be more enticed for
someone that does outdoor storage, boat building and so forth.
He then mentioned the areas that could eventually turn into
office uses.
City Manager Hooper made mention of clients of Joe Martin that
have spoken to him. He then commented on the expansion of Boston
Whaler. He also made mention of other marine type businesses
that are looking to expand.
City Manager Hooper stated they are going to prepare documents
and bring those back so Council will be approving the price at
Areas A, B, C, & D. Every year at the budget they will bring
back a new price or adopt the same price.
City Manager Hooper spoke about the City being able to sell the
first lot and not plat until that sale occurs which a developer
can not do.
City Manager Hooper then explained the PUD Agreement as well as
the Deed Restrictions and Covenants. He went over the draft
Declaration of Covenants, Conditions and Restrictions. (Attached)
Page -2-
Council Workshop
September 9, 2002
.....
....,,;
City Manager Hooper explained early on the City is the controller
of the "Homeowners Association". At some point, after half the
property is sold, the owners of the property will have a voting
value based on the acreage that exceeds the City and the City
will be a participant but not the only or main player. They are
working with City Attorney Cookson on how that occurs so the
City's interests are protected as well as the buyers when they
are buying property and starting to build.
City Manager Hooper went on to explain why there will be no
Community Redevelopment Agency and what would happen if they did
create a CRA. He then spoke of the large CRA created in Daytona
Beach. He feels creating a CRA at this point doesn't make
economic sense.
City Manager Hooper then went over the Marketing Plan and
possible incentives between the City and County. Up to this
point, the County has been a very active participant.
City Manager Hooper asked for feedback from Council regarding
during the first five years when we are interest free and there
is a developer that comes in and is very interested in buying
property but want some incentive of an ability to amortize, to
spread the payment of the property over five years. He feels on
a case-by-case basis he is interested in helping facilitate that
and make it occur if they are bringing something in that the City
is interested in having.
Councilwoman Rhodes stated she doesn't want to hold the mortgage
for free. It has to cost the City something in manpower. If
somebody comes in wanting to buy an acre and they have $50,000
and they know that they can amortize it over five years without
paying any interest then they are going to take $40,000 of their
money, put it in the bank and earn interest on it and the City is
going to amortize the mortgage for them. Councilman Vincenzi
stated if it is an option of unloading the property or not
unloading it, why not do it. Councilwoman Rhodes stated she
wouldn't think you would have an unloading problem in the first
five years. City Manager Hooper stated he thinks this incentive
of interest free is only during the time the City isn't paying
interest. He spoke of this applying to larger developers coming
in. Councilwoman Rhodes stated she doesn't want to be losing
money on this. She doesn't like the City being in the real
estate business and she wants us out of it as soon as possible.
Page -3-
Council Workshop
September 9, 2002
.......
....."
Councilman Vincenzi stated if you can offer an incentive to get
somebody in there that is going to provide decent jobs and boost
the economy, he urged City Manager Hooper to do it.
City Manager Hooper then asked the Council if they are open to
each one of those being brought back. He doesn't feel this is a
staff function.
Councilwoman Rhodes suggested setting up criteria. City Manager
Hooper agreed to do this.
City Manager Hooper asked Katie Gierok to talk about construction
with regard to where we are and what is left to do, which she did
at this time. She feels they are well on their way to getting
this completed within the next few months.
Ms. Gierok spoke about still finding rock.
haven't done the change order for the rock.
coming in the next several weeks.
She stated they
That should be
Councilwoman Rhodes stated she would like to take public
comments.
City Manager Hooper stated when they put the pricing together,
they have to recover the City's cost, they have to be competitive
and they also have to be balanced between the adjacent and
surrounding property owners. He expressed concern that there
will be people trying to negotiate a lower price. He feels if
they set a price, that has to be the price.
Councilman Brown asked if the speculation building is coming to
pass or if this is something that might be. City Manager Hooper
stated they have had two groups approach them over building a
spec building or a building that would be a start up building.
He feels some of that died down when the City didn't own the
property as quick as they expected. He thinks there is at least
one group that is going to want to do something very quick. He
has a letter of interest that asks to reserve a 10 acre site to
do a spec building. It is an offer of first refusal that they
want the right to come in and do that.
City Manager Hooper explained Lynne Plaskett will be in charge of
working with the individual and working with the deed
restrictions and covenants. Liz is working with people when they
come into the office over what they want to build and how to get
going.
Page -4-
Council Workshop
September 9, 2002
.......
......,
City Manager Hooper informed Council when they get to the point
they really want to talk of what they are trying to build and the
dollars, then he enters the picture to discuss that with them.
They will bring all that back to Council so they will see that
before they get into any contracts and agreements.
Councilman Vincenzi stated one problem he has with the spec
buildings around here is that they are the tin, metal, not very
attractive and not very value added type buildings. He thinks
the City should put some restrictions on it if they are thinking
of doing that. City Manager Hooper informed him that the deed
restrictions and covenants cover that.
Councilwoman Rhodes asked for public comment. There wasn't any
at this time.
Joe Martin, East Volusia Engineering, explained his involvement
of the covenants from the private sector side.
Mr. Martin expressed concern with one of the covenants. He would
hate to see someone come in and buy 20, 30 or 40 acres with the
idea that it looks like a good bye and decide to sit on it for
ten years. He thinks that would be bad news. He has a special
vested interest in this and would like to see this develop fast,
the objective being that the ad valorem tax base shifted a little
more away from the residential. He first started working on this
in 1993 and can't wait to see this be opened up.
Councilwoman Rhodes informed Mr. Martin they appreciate all he
has done on this.
Mayor Schmidt arrived at 6:45 p.m.
City Manager Hooper spoke of trying to include a reverter clause.
If the City sells to somebody and they don't use it within two
years, it can revert back at the City's option. One of the
concerns is once you sell it and they sell it to somebody else
you no longer have that kind of control. City Attorney Cookson
is working on a way to control that.
ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
recessed at the meeting at 6:50 for the 7 p.m. meeting
Minutes submitted by:
Lisa Bloomer
Page -5-
Council Workshop
September 9, 2002
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ParkTowne Industrial Center
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· City Closed - August 26, 2002
· Purchased - 162.6 acres
· Total Price - $4,952,035.72
· Buildable Land - 100 acres
· Price Per Acre - Average $50,000
· 4 Areas for Development
A. Prime area with direct access to ParkTowne Boulevard.
B. Secondary access roads, Morgan property, Porta property,
Massey property.
C. Secondary access roads - Zeller property, Boston Whaler
D. Industrial lots with limited access.
· PUD Agreement to define development restrictions
· Declaration Documents to define maintenance responsibilities, future
land uses, compatibility
· No CRA
· Marketing Plan
· Possible incentives - City/County
F:lParkTownewksp
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attempting to violate any of these restrictions to enjoin or prevent them from doing so, to
cause said violation to be remedied and/or to recover damages for said violation.
The result of every action or omission whereby any restriction herein contained is violated
in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy
allowed by law or equity may be exercised by the Association.
In any legal or equitable proceeding for the enforcement of any provisions hereof, the non-
prevailing party or parties shall pay the reasonable attorney's fees and costs of the prevailing
party or parties, in such amount as may be fixed by the court in such proceedings.
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Retail Home Building Materials
Public Utility StationslPlants
Schools-Private (adult vocational)
Truck Freight Terminals
Warehousing and Storage
Xerographic and Offset Printing
AREA "c"
Boat Building, Repair and Storage
Containment Facilities
Recreational Facilities (Government)
Telecommunication-Unmanned
Telecommunication Towers
Wholesale and Distribution
AREA "D"
Aluminum Can Transfer Station
Bulk Processing
Equipment Rental
Laundry/Dry Cleaning Plants
Machine Shop/Repair
Outdoor Equipment Sales
7. SURFACE WATER AND STORM WATER MANAGEMENT
Duties of the City
The City shall be responsible for the maintenance, operation and repair of the surface water
or stormwater management systems. Maintenance of the surface water or stormwater
management system(s) shall mean the exercise of practices which allow the systems to
provide drainage, water storage, conveyance or other surface water or storm water
management capabilities as permitted by the St. Johns River Water Management District
(SJRWMD). Any repair or reconstruction of the surface water or storm water management
system shall be as permitted or, if modified, as approved by the SJRWMD and the City.
Additionally, the City shall have a perpetual non-exclusive easement for drainage over the
entire surface water or storm water management system. Other than needed repair work, no
person shall alter the drainage flow of the surface water or storm water management system,
including buffer areas or swales, without prior permitting of the SJRWMD.
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compliance executed by the local government shall appear of record in the office of the Clerk
of the Court, V olusia County, Florida, or unless legal proceedings shall have been instituted
to enforce compliance or completion.
6. REGULATION OF USES
Designated Use Areas
It is the intent of this section to establish designated "Areas" of the ParkTowne Industrial
Center whereby certain business and industrial type uses shall only be permitted to ensure
the Park will be developed with uses that are attractive, inviting, aesthetically pleasing, and
harmonious with the surrounding property, businesses and industry. All parcels of real
property in the Park, herein after referred to as Area's A, B, C and D and shown on the
attached map, may be used in a manner established for that particular Area and the
permitted use in one Area may be prohibited in another Area or as amended and provided for
from time to time.
Any industrial, warehousing, office, accessory retail and commercial type use of the property
subject to these restrictions may be permitted within designated areas, subject to compliance
with applicable provisions of codes or ordinances, provided it is primarily performed or
carried out within a building that is so designed and constructed that the operation and uses
do not cause or produce any of the following effects, discernable at any property line or
affecting any adjacent property.
Any trade or activity, or material (including advertisement), that is pornographic, obscene,
lewd or lascivious
Disposal of hazardous waste in any form or quantity on the site
Dust, dirt, flying ash, smoke or pollutants that exceed DEP air quality standards
Noise, light, sound or vibrations that are objectionable due to intermittence, intensity, beat,
frequency or shrillness, excluding aircraft
Toxic, or corrosive fumes or gas
Pollution of groundwater
Unusual fire or explosion hazard
Violations of the Standard Building or Life Safety Codes
Prohibited Uses
The following uses shall not be permitted on any property subject to these restrictions. All
uses shall include, but may not be limited to the following:
Adult Entertainment
Auction/Flea Markets
Batch Plants
Cemeteries
Child Care Centers
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All accessory storage and refuse areas shall be properly maintained by the owner in a
mannerly and well-kept condition.
Commercial Dumpsters shall be enclosed from view with six (6) foot high opaque fencing
and gate.
Building Regulations. All construction facing the street shall be of masonry walls, tilt
walls, cast in place concrete, precast architectural concrete, architectural metal, glass, timber
or any combination. All materials proposed for the front of buildings shall be pre-approved
by the Association. All other exterior walls may be made of sheet or corrugated iron, steel
or aluminum or similar material. The Association reserves the right to approve other
materials and finishes.
Exterior walls shall be finished in earth tones unless otherwise approved by the Association
Exterior walls shall not be repainted or refinished from the original color or finish unless and
until the Association has approved in writing the color or refinishing materials to be used.
All on-site electrical, telephone and other utility lines shall be underground for new
development of properties located on ParkTowne Boulevard and Dale street unless otherwise
expressly permitted by the Association.
Regulation of Exterior Maintenance and Repair. All maintenance and repair of site
improvements shall be properly performed or overseen by the owner or lessee. Such work
may include, but not be limited to:
1. Any maintenance of landscaping, maintenance of unused or non-landscaped areas,
maintenance and repair of all utility lines and landscape irrigation systems and;
2. Collection and proper disposal of rubbish, trash, garbage or waste of any character
which lies on the site or which originated from the site and was carried to
neighboring sites and;
3. Maintenance and repair of the exterior of all site improvements.
The maintenance and repair of the exterior of all site improvements shall include but not be
limited to:
1. the periodic repainting of the exterior surfaces of any permanent structure placed
on the site and;
2. The repair or replacement of damaged or non-operating equipment either located
on the exterior of any structure or of a free-standing nature.
Accessory Buildings or Structures. Accessory buildings or structures or enclosures,
whether attached to or detached from the main building, shall be of similar or compatible
design. No roof structure or appurtenances shall be unsightly from street view.
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All disturbed, unused and non-landscaped land areas including areas planned for future
expansion or other purposes shall be sodded, maintained and kept free from weeds, other
unsightly plant growth, rubbish and debris.
The following front yard landscape areas shall be provided along the property fronting on any
street, including side corner lots.
Area "A" 25' (along ParkTowne Blvd.)
Area "B" IS' (along Dale Street)
Area "e" 10' (along Megan Z Street)
Area "D" 5' (along Timaquan Trail)
All 8' (along other internal streets)
Not withstanding other landscaping requirements, no minimum number of trees are required
on individual parcels with the exception of the following:
1. There shall be a minimum fifty (50') foot conservation easement consisting of
natural tree/vegetation along the Park perimeter boundary.
2. Any development proposing the removal of specimen trees shall require the
replacement of said trees in a location approved by the Association.
3. If it is determined by the Association that replacement trees would not benefit a
particular lot or area, the property owner shall pay into a mitigation bank, an amount
determined by the Association. The proceeds may only be used for replacement of
trees within the Park.
Landscape buffer areas shall not be required on interior side or rear yards, except as outlined
above.
A fully operational underground irrigation system shall be provided for non-xeriscape
landscaped areas as part of the landscape improvements.
Landscaping at ParkTowne Boulevard entrance shall be planted by the City and maintained
by the Association, on a prorated basis.
Signs. Only the following signs shall be permitted.
No permanent signs shall be permitted, other than those identifying the name, business and
products of the person or firm occupying the premises. Temporary signs such as those
offering the premises for sale, lease or rent shall be permitted. All signs must be approved
by the Association and sign permits issued by the local authority.
One permanent ground sign no larger than 48 square feet, 10 feet high shall be permitted for
each lot frontage.
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e. All valid and applicable regulations and ordinances of the City of Edgewater;
f. For the use and benefit of the public, a right of flight for the passage of aircraft in the
airspace above the surface of the real property hereinafter described together with the
right to cause in said airspace such noise as may be inherent in the operation of
aircraft; now known or hereafter used, for navigation of or flight in the said airspace,
and for use of said airspace for landing on, taking off from or operating in Massey
Airport;
g. That the grantee expressly agrees for itself, its successors and assigns, to restrict the
height of structures, objects of natural growth and other obstructions on the
hereinafter described real property to such a height so as to comply with Federal
Aviation Regulations, Part 77.
h. That the grantee expressly agrees for itself, its successors and assigns, to prevent any
use of the hereinafter described real property which would interfere with or adversely
affect the operation or maintenance of Massey Airport, or otherwise constitute an
airport hazard..
2. PARKTOWNE OWNERS ASSOCIATION
The Owner shall require the creation of an association of the ParkTowne owners to
administer the provisions of this Declaration of Restrictive Covenants, and upon creation
thereof any person or entity holding title to real property in the Park shall be a member. The
ParkTowne Owners Association shall be governed by Articles of Incorporation and Bylaws
promulgated by the City, which may be amended only as provided herein.
A minimum lot size of one acre is required. The City shall plat lots as they are incrementally
sold. Each acre of land including additional fractions up to 0.5 acres within the Park shall
have one vote in Association business, regardless of the number of co-owners. Example: 1.5
acres equal one vote. 1.6 acres equal two votes. The City shall have the controlling vote in
the association until 51 % of the lots are sold. Thereafter, the City shall have a prorated share
of votes based on the above formula.
Upon lot sales by the City of 51 %, the City shall assign its duties under this Declaration of
Restrictive Covenants to the Association over administration and enforcement. All existing
and future owners of property within the Park shall be required to join the Association.
3. DEFINITIONS
For purposes of this Declaration the following definitions shall apply:
Alteration means any act that changes any feature of a building, structure or property.
ParkTowne Covenants (9/4/02)
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