2018-O-19 - Glenbrooke PUD 1014!2018 10:33:56 AM Instrument#2018201252#1 Book:7606 Page:2796
ORDINANCE NO.2018-0-19
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) TO CITY RPUD (RESHIENTIAL
PLANNED UNIT DEVELOPMENT)FOR 60.68±ACRES OF
CERTAIN REAL PROPERTY LOCATED SOUTHEAST OF
S.R. 442 (INDIAN RIVER BOULEVARD) AND AIR PARK
ROAD, EDGEWATER, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER; PROVD)ING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, RECORDING
AND ADOPTION.
WHEREAS,the City Council of the City of Edgewater,Florida,has made the following
determinations:
I. Renato Ghizoni, D.R. Horton, is the applicant on behalf of the Volusia County
School Board,owner of property located southeast of S.R. 442 (Indian River Boulevard)and
Air Park Road within Volusia County, Florida. Subject property contains approximately
60.69±acres.
2. The applicant has submitted an application for a change in zoning classification
from County A-3 (Transitional Agricultum) to City RPUD (Residential Planned Unit
Development)for the property described herein.
3. On July 11, 2018, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established
[and use pattern.
6. The proposed change in zoning classification will not adversely impact public
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facilities.
7. The proposed change in zoning classification will not have an adverse effect on SII
the natural environment.
8. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. CHANCE IN ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY WITHIN THE CITY OF EDGE WATER,FLORIDA.
The zoning classification for the property described in Exhibit "A" is hereby changed from
County A-3(Transitional Agriculture)to City RPUD (Residential Planned Unit Development),pursuant
to the associated Planned Unit Development (PUD) Agreement (attached and hereto incorporated as
Exhibit"B").
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER,FLORIDA.
The Development Services Director is hereby authorized and directed to amend the
Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning
classification for the above described property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions,or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
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PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If
this ordinance or any provisions thereof shall be held to be inapplicable to any person,property,
or circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County,Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilwoman Power with Second by Councilman Blazi,the
vote on the first reading of this ordinance held on August 6,2018 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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After Motion to approve by Jam" i%i 13.,s��11 �:J with
Second by Vsz ,Li- the vote on the second
reading/public hearing of this ordinance held on lrY?f,c i I . 2018, was as
follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power ti
Councilwoman Amy Vogt �+
Councilman Megan O'Keefe v
Councilman Gary T.Conroy
PASSED AND DULY ADOPTED this day of Qf-ACp( g A 2018.
`ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
� _?-" SY-T;,�,�,`.rr Ry: ! /Ic•, �r.� - V6"•K60
'r Robin Matusick Mike Ignasiak
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this LSE day
legality by: Aaron R. Wolfe,Esquire of 4.-Cc^,beJi: 2018 under
City Attorney Agenda Item No. 8 C
Doran,Sims,Wolfe&Ciocchedi
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EXHIBIT"A"
LEGAL DESCRIPTION
A portion of Lot 23 and Lot 24,MODEL LAND COMPANY SUBDIVISION,as shown on map
recorded in Map Book 5, Page 187, of the Public Records of Volusia County, Florida; AND A
portion of Lots 12, 13, 14, 15, 16 and 28; all of Lou 29, 30,31 and 32; a portion of Lot 238; all
of Lots 239 through 253, inclusive;a portion of Lots 264 through 272, inclusive, and all of Lots
273 through 279,inclusive,ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT,
as shown on map recorded in Map Book 3, Page 153, of the Public Records of Volusia County,
Florida.
AND a portion of a vacated platted 30 foot road as shown on ASSESSOR'S SUBDIVISION OF
THE SAMUEL BETTS GRANT, Map Book 3, Page 153, and also shown on MODEL LAND
COMPANY'S SUBDIVISION, Map Book 5, Page 187, Public Records of Volusia County,
Florida.
ALL lying southerly of State Road No. 442, lying westerly of the west line of Pinedale Road, a
50-foot right-of-way, and its southerly prolongation; lying northerly of a line 800 feet north of
and parallel with the north line of Florida Shores Unit No. 15,as shown on map recorded in Map
Book 19, Page 216, Public Records of Volusia County, Florida; and lying easterly of Air Park
Road,a 50-foot right-of-way as now laid out.
EXCLUDING Florida Department of Transportation Parcel 107,Part"A",being proposed right-
of-way taking for State Road No. 442, and EXCLUDING Florida Department of Transportation
Parcel 107, Part "B", being that portion labeled "Water Retention Area" , as shown on Florida
Department of Transportation Right-of-Way Map of state Road No. 442, Section 79210-2504,
Sheet 16 of 21. The subject parcel being further described as follows: Commence at a 12-inch
iron pipe(no identification)marking the southeast corner of the Samuel Betts Grant, Section 38,
Township 18 South, Range 34 East, Volusia County, Florida, being Florida Department of
Natural Resources Certified Comet Record No. 0049158, also being the southeast comer of the -
Model Land Company's Subdivision, as shown on map recorded in Map Book 5, Page 187,
Public Records of Volusia County,Florida;thence S 69°34'10" West,along the south line of said
Model Land Company's Subdivision,a distance of 1950.07 feet to the existing easterly right-of-
way of Air Park Road,a 50-foot right-o&way as now laid out;thence N 23°27'56" W,along said
easterly right-of-way, a distance of 1245.95 feet to a point on the north line of Lot 22, said
Model Land Company's Subdivision, for the PONT OF BEGINNING; thence continue N 23027
'56" W,.along said easterly right-of-way, a distance of 30. 04 feet to the southeast corner of Lot
40,Assessors Subdivision of the Samuel Betts Grant,as shown on map recorded in Map Book 3,
Page 153,Public Records of Volusia county, Florida; thence N 219918" W, along the east line
of said Lot 40 and its northerly prolongation,a distance of 636.72 feet to said existing easterly
right-of-way of Air Park Road; thence N 07°23'13" W, along said easterly right-of-way, a
distance of 204.22 feet; thence N 00045'00" W, along said easterly rightof--way, a distance of
275.88 feet; thence N 14049 '56" W, along said easterly right-cif-way, a distance of 267. 33 feet
to the south line of Florida Department of Transportation Parcel 107, Part "A", being the
proposed southerly right-of-way of State Road No. 442; thence N 68048'54" 1- along said
proposed southerly right-of-way a distance of 764.30 feet; thence N 21°12 '16" W, along said
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proposed southerly right-of-way a distance of 4.50 feet; thence N 68°48 '54" E, along said
proposed southerly right-of way,a distance of 675. 47 feet to the westerly line of Pinedale Road,
a 50 foot roadway; thence S 21"IV 59"E,along the westerly line of said Pinedale Road and its
southerly prolongation,a distance of 1901.02 feet to a point on a line being 800 feet north of and
parallel with the north line of Florida Shares Unit No. 15, as shown on map recorded in Map
Book 19, Page 216, Public Records of Volusia County, Florida; thence s 68048'12" W, parallel
with said north line of Florida Shores Unit No. 15,a distance of 919.60 feet to the easterly line of
Florida Department of Transportation Parcel 107, Part "B", being that portion labeled "Water
Retention Area", as shown on Florida Department of Transportation Right-of-Way Map of State
Road No.442, Section 79210-2504, Sheet 16 of 21;thence N 21°04'18" W,along the east line of
said Parcel 107, Part "B" and its northerly prolongation,a distance of 497.37 feet to a point on
the north line of Lot 23, said Model Land Company's Subdivision;thence s 69°38'48" W, along
said north line of Lot 23 and the north line of Lot 22,said Model Land Company's Subdivision,a
distance of 693.06 feet to the Point of Beginning.
Containing 63f acres more or less and being in Volusia County,Florida
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PLANNED UNIT DEVELOPMENT (PUD)AGREEMENT
GLENBROOKE
THIS AGREEMENT is made and entered into this day of 2018
by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose
mailing address is P.O.Box 100, 104 N. Riverside Drive,Edgewater,Florida 32132,(hereinafter
referred to as "City") and, D.R. HORTON, INC., a Delaware Corporation, whose mailing
address is 6200 Lee Vista Boulevard, Suite 400, Orlando,Florida 32822 (herein after referred to
as " Developer"). The purpose of this Agreement is to define the teens and conditions granting
the development approval of the subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration,the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 60.681 acres located at SR 442/West
Indian River Boulevard and Air Park Road, in Edgewater, Volusia County, Florida. The legal
description of the property is attached hereto as Exhibit "A" -Legal Description. The record
owner of the subject property is School Board of Volusia County.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be 30 years and run with the land. The Developer
shall commence construction of Glenbrooke as defined by the Master Plan, dated May 14, 2018
(Exhibit "B")within thirty-six(36)months of the effective date of this Agreement Developer's
failure to initiate construction within thirty-six(36)months from the Effective Date may result in
the City's termination of the Agreement The Agreement may be extended for an additional two
(2) years, by mutual consent of the governing body and the Developer, subject to a public
hearing. Commencement of construction means to begin performing onsite modification,
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fabrication, erection or installation of a treatment facility or a conveyance system for the
discharge of wastes and on-site modification, fabrication, erection or installation of a treatment
facility or a transmission system for the conveyance of potable water. Land clearing and site
preparation activities related to this construction are not included herein; however, before
undertaking land clearing activities,other permits for smrmwater discharges fmm the site may be
required. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire
rescue, hydrants, law enforcement, environmental, solid waste containment and planning
elements.
3. DEVELOPMENT STANDARDS
Development of this Property is subject to the terms of this Agreement and in accordance
with theCityof Edgewater's current Land Development Code (LDC). Final project approval
may be subject to change based upon final environmental, permitting, and planning
considerations and/or Federal and State regulatory agencies permit requirements. Substantial
changes to the Master Plan or this Agreement must be approved by City Council prior to
commencement of any authorized work. Final approval of the Subdivision Plans by City staff
shall include, but not be limited to pavement,curbs,utilities,stonnwitey traffic, streetlights,fire
rescue, hydrants, law enforcement, sidewalks, environmental, solid waste containment, and
planning elements, including landscaping,signage and pavement marking.
a. Average Lot Size Unit Count
Based on Final Subdivision Plan approval, the total number of units may vary but the
maximum residential units allowed for Glenbrooke shall not exceed four (4) dwelling units per
net acreage or a total of 200 units.
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No lot will exceed a maximum building coverage of 60% with a maximum impervious
coverage of 75%per IOL
Minimum Lot Size
Area 5,500-square feet.
Width 50-feet
Depth 110-feet
b. Minimum House Square Footage
The minimum gross house square footage shall be at least 1,200 square feet living area
under air,with a minimum of a two car enclosed garage. Carports will not be permitted.
c. Minimum Yard Size and Setbacks
Front 25-feet
Rear 15-feet
Side 5-feet
Side Comer 15-feet
Maximum Height 35-feet
Utility Easements 10-feet front,5' sides
Wetlands 25' average
Swimming Pools Rear 7.5-feet from property line to pool deck edge
Side 5-feet from property line to pool deck edge
d. Roads
Roads within Glenbrooke will have a minimum right-of-way of fifty-feet (50') with
twenty feet(20')of pavement with a two(2) foot Miami curb and gutter per side and constructed
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pursuant to the City's Standard Details. Said roads shall be dedicated to the public subsequent to
final City inspection and by final plat.
e. Stormwater Management
The retention and detention pond(s) shall meet the requirements for the St. Johns River
Water Management District and the City of Edgewater LDC.The pond(s)are approximately nine
(9) acres and will be owned and maintained by the Glenbrooke Homeowners Association
(HOA). Developer is required to provide an outfall to a publicly owned or controlled drainage
conveyance system, and obtain an off-site drainage easement space if necessary. The on-site
100-year flood elevation shall be established to the satisfaction of the Flood Plain Manager or
FEMA.
f. Entrance Signage
Three (3) monument signs, not to exceed 48 square feet each and a maximum height of
eight(8)feet,are permitted. Signage may be located at each subdivision entrance,not within the
right-of-way or site visibility triangle, and shall be owned and maintained by the Homeowners
Association.
g. Trees
There shall be a minimum of three (3) trees per each single family home building lot
Trees shall be 2%a"in diameter, measured 6"above the soil line and shall be of a variety listed in
Exhibit"C"—Trees.
A tree survey will be provided to determine the number of specimen and historic trees
and to determine the tree mitigation requirement. The tree mitigation for this to be paid to the
City upon application for a clearing permit for the Development.
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Statistical tree survey information may be considered at the discretion of the
Development Services Director. However, such statistical surveys shall be limited to sites
contained an overstory, consisting predominantly of trees uniform in age, species and
distribution, which do not contain specimen or historic trees. Statistical surveys must be
conducted in compliance with accepted forestry practices.
The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
It. Landscaping and Irrigation
Landscaping and iffigation plans for common areas must be submitted with final
construction plans and shall comply with the current LDC.
A perimeter landscape buffer with a width of ten feet(10') along Pinedale Road and Air
Park Road property boundaries shall be provided. A six foot(6')vinyl fence shall be constructed
along the perimeter of the Pinedale Road and Air Park Road property boundaries to buffer and
screen the developed portion of the Glenbrooke PUD. The fence shall be located within common
area owned and maintained by the HOA.
A solid finished concrete privacy wall shall be placed along the length of the property
line separating the visibility of the properties on the northern side adjacent to SX 442/Indian
River Blvd.The wall shall he located within common area owned and maintained by the HOA.
Landscaping along the SR 442/Indian River Boulevard frontage shall be four(4)shade
trees, five (5) understory trees and thirty-five (35) shrubs per one hundred (100) lineal feet, To
maintain a natural look,trees and shrubs shall be placed in an organic or curvilinear manner that
is similar to and consistent with natural adjoining areas, which have been preserved. Linear
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arrangements are discouraged. If a fence or wall is visible from the public right-of-way, shrubs
are required along the entire length of the wall spaced just far enough apart for the species to
grow. The separating privacy fence or wall and referenced landscaping shall be owned and
maintained by the HOA.
Common areas and the entrance medians will be irrigated by City of Edgewater reuse
upon proper permitting and approval.All irrigation must comply with all Volusia County Water
Wise Landscape Irrigation Standards. Piping for reclaimed water irrigation shall be installed by
the Developer.The City has indicated reuse is available to the Development.
L Environmental Constraints
A portion of the property is covered by the 660-foot protection zone of a bald eagle nest.
Any potential development within this protection zone must comply and be consistent with State
and Federal Standards, as applicable, and approved by all applicable local, county, state and
federal agencies.
Furthermore, any development of the property shall comply with all recommendations
contained in all Environmental Constraints Summary Report(s) as prepared by Ecological
Consulting Solutions, Inc., and/or any future environmental reports as approved by federal and
state agencies.
j. Air Conditioning
All lots less than sixty feet (60') in width shall have air conditioning units and pads
located adjacent to the neighboring garage or located behind each houseldwelling unit.
k. Mailboxes
Developer agrees to request approval from the Unites States Postal Service for the use of a
Centralized Mail Delivery System(s).
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I. Entrance to Subdivision
Two (2) entrances, per master plan, shall be permitted for accessing the development
from SR 442/West Indian River Boulevard and Air Park Road with a minimum dedicated right-
of-way width of fifty (50) feet with twenty-four feet (24') of pavement, including curb and
gutter,constructed to the City's Standard Details.. Turn lanes shall be constructed as required by
MOT and meet minimum FDOT and/or City of Edgewater specifications.
Conceptual entrance features for the S.R. 442/Indian River Blvd. and Air Park Road
entrances shall be approved by the City.
m. Easements
Easements for rear yard construction purposes shall be located between every other lot
and shall have a width of ten feet(10'), being five feet (5') on each side of the lot lines for the
benefit of the adjoining lots in the event that access to the rear of the lot is required and the
individual lot owners side yard width is not adequate to accommodate the access. Easements for
public utilities shall be dedicated to the City and any other public utility provider.
n. Model Homes and Temowary Offices
A maximum of ten(10) lots shall be permitted for model homes. A model home may be
used as a sales office from the time the plat is recorded until such time as the last lot is developed
within the subdivision. Temporary structures,such as trailers,recreational vehicles, and the like
may be permitted as a temporary sales office while a model home is under construction. Such
temporary office shall only be permitted for an interim period not to exceed 90-days or until
completion of the first model home, whichever occurs first. Model home construction prior to
plat recording shall only be allowed upon compliance with the following requirements:
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I. Provision for fire protection, including testing and approval of the water system by
the Florida Department of Environmental Protection (FDEP), if on-site hydrants are
required to service the area where the proposed models will be constructed.
ii. Construction of access roads to the model home sites prior to building permit
issuance, to the extent necessary to allow sufficient access by City vehicles for
inspections.
iii. Permanent utility connections cannot be made until the sanitary sewer system has
been completed and certified to FDEP.
iv. Any Sales Center shall provide handicap accessible restrooms.
V. Temporary construction/sales offices will not exceed a maximum of two(2).
Additional requirements, restrictions and conditions may be imposed by the City to
address specific site or project concerns. A temporary Certificate of Occupancy for model homes
shall be secured to allow for limited use and occupancy of the structure as a model home/sales
office. Upon conversion of the model homes back to a single family dwelling, a new and
permanent certificate of occupancy shall be issued upon completion reflecting the single family
dwelling classification.
Flags or insignias which read "model", "open", "open house" or any other phrase which
identifies property for real estate purposes may be displayed until such time as the last Ira is
developed within the Development in the following locations and numbers:
i. The maximum height of any temporary "banana" flags shall be eight feet (8'). The
number of such temporary "banana" flags shall not exceed four(4), two(2)permitted
on S.R. 442/West Indian River Boulevard and two (2) permitted on South Air Park
Road, and shall be permitted at the entrance of the Development on private/common
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property and prohibited in the public right of way or the site visibility triangle area as
outlined in the Land Development Code. Such temporary "banana" flags may be
displayed only during sales hours and shall be removed and no longer permitted one
hundred twenty(120)days from issuance of last residential Certificate of Occupancy.
ii. A flag pole shall be allowed at the sales office to display one (1) flag of the United
States of America and one (1) logo flag of the builder. Flags shall have a maximum
size of 4 feet by 6 feet.
iii. Each model home may have a ground-based sign,not exceeding 20 square feet, with
a maximum height of eight-feet(8%indicating"Model Home".
iv. Each sales office may have may have a maximum of two (2) flags or signs, not
exceeding fifteen (15) square feet each in area with a maximum height of eight-feet
(T), indicating "Sales Center".
V. Temporary event signs shall be allowed on private/common property within the
Development for special builder sale events, including but not limited to a "parade of
homes" or similar sales promotion. Such temporary signage shall be erected for no
more than 72 hours.A maximum of two special builder events shall be allowed in any
calendar quarter.
4. DECLARATION OF COVENANTS.CONDITIONS AND RESTRICTIONS
The Declaration of Covenants, Conditions and Restrictions:Articles of Incorporation and
By-Laws for the HOA will be recorded in the public records of Volusia County at the time the
Final Plat for Glenbrooke is recorded.
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5. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Glenbrooke is Low Density Residential.The zoning
designation is RPUD (Residential Planned Unit Development) as defined in the City Land
Development Code.The City of Edgewater s permitted uses for RPUD(Residential Planned Unit
Development) are applicable to the development of the property and consistent with the adopted
Comprehensive Plan/Future Land Use Map.
6. PUBLIC FACILITIES
a. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable water system at nearest point of connection
with a minimum of ten inch (10")PVC water main to the neatest entrance of the subdivision. In
the event the City requires the installation of oversized lines or facilities designed to provide
service for other properties, then the City shall pay for the cost of such oversizing by means of a
direct cash payment by the City to the Developer or a credit against water capital charges
otherwise to be paid by the Developer- All water distribution systems shall be"looped" in order
to prevent any future stagnation of water supply. All water main distribution system
improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a
form acceptable to the City and dedicated to the City prior to or at time of platting or in
accordance with the Bonds/Surety Devices requirements contained in the Land Development
Code.
b. Developer agrees to connect to and utilize the City's wastewater transmission and
collection system. All wastewater collection and transmission system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the
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City and dedicated to the City prior to or at the time of platting or in accordance with the
Bonds/Surety Devices requirements contained in the Land Development Code.
C. The City has determined that reclaimed water is available. Therefore, the
Developer shall install a central reclaimed water irrigation distribution system throughout the
entire development and shall make connection availability to each improved parcel. The
distribution system shall be constructed to City standards and conveyed to the City by Bill of
Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting
or in accordance with the Bonds/Surety Devices requirements contained in the Land
Development Code. All irrigation systems shall be approved by all applicable regulatory
agencies.
d. Developer agrees to provide,at no cost to the City,all required utility easements
(on and offsite)for drainage and utility service consistent with this provision.
e. All utility services shall be underground.
f Off-site improvements (including but not limited to intersection improvements),
required by FOOT and the City for SR 442 and Air Park Road to enable project approval based
on transportation requirements are the Developer's responsibility and shall be required at the time
of Final Plat approval and City inspection approval and shall meet all City, County and/or State
requirements and approval.
g. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
1. Water, Sewer, Police, Fire, Parks and Recreation, Road and Transportation
Impact Fees and Utility Connection Fees, to be paid by applicant at the time of
Building Permit application. Capacity reservation shall not be guaranteed if not
utilized within thirty-six(36)months of the date fees paid.
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2. Volusia County Road and School Impact fees (if deemed applicable by the
Volusia County School District) - Paid to County by applicant with proof of
payment provided to the City prior to a Building Certificate of Occupancy.
The amount of all required impact fees shall be at the prevailing rate authorized at the
time of payment of impact fees.
h. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal,state,and local standards.
i. A concurrency review shall be conducted to ensure that all required public
facilities are available concurrent with the impacts of the development.
j. Developer, at the time of development shall provide all public facilities to support
this project including the following:
I. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system,including outfall system.
4. Reclaimed water distribution system
5. All required pavement marking and signage (stop signs, road signs, etc.)
within the Subdivision. All permanent markings and signage shall comply
with Florida Department of Transportation (FDOT) standards. Enhanced
special signage may be used if it meets FOOT standards and approved by the
City.
6. Five-foot (5')sidewalks shall be constructed on both sides of the
streets/roadways within the Development and an eight-foot (8')sidewalk shall
be constructed along South Air Park Road at the entire western perimeter of
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the project property. Sidewalks shall be constructed prior to issuance of a
Certificate of Occupancy on each building lot or bonded. Developer shall
provide a bond or surety in a form acceptable to the City in the amount of
$20.00 per lineal foot for three(3)years. Or,upon review and approval and at
the City's sole discretion, City may allow the Developer to extend the
sidewalk bond for an additional two (2) year term. If sidewalks are not
completed within five (5) years, the Developer or its successor(s) will install
the remaining sidewalk.
7. Streetlights shall be maintained by the HOA and Developer agrees to request
installation of the street lights from Florida Power and Light within thirty(30)
days of Construction Plan approval and will forward proof of same to the
City.
8. No less than one (1) passive neighborhood park and one (1) cabana and
swimming pool, with a combined acreage of no less than two and one-half(2
V/) acres, will be provided to serve the residents as depicted on Exhibit `B"
Master Plan which shall be constructed prior to the commencement of
construction of the 50th house within the Development.
a. There shall be a minimum of thirty-five percent(35%)open space
for the project. Location of the parks with dimensions will be
determined during the preliminary plat phase.
b. Any physical improvements to the open space recreational area
will be the responsibility of the home owner's association.
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9. A Maintenance Bond equal to l0°/ of the cost of the infrastructure
improvements shall be provided to the City prior to recording the Final Plat.
The Maintenance Bond shall be in effect for a two(2)year period.
10. A Performance Bond or other acceptable financial instmment such as a Letter
of Credit may be accepted by the City and shall be 130% of the costs of all
remaining required improvements at the time of recording of the Final Plat.
7. DEVELOPMENT PHASING
The Development shall be constructed in one(1)phase.
8. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined
in the Agreement after having determined it is not contrary to the City of Edgewater
Comprehensive Plan and Land Development Code.
9. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City, by warranty deed and title insurance free and
clear of all liens and encumbrances at plat dedication, all roadway right-of-way and utility
easements as required.
10.PERMITS REQUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation; Department of Environmental Protection, St.
Johns River Water Management District, Florida Department of Health; Army Corps of
Engineers;Volusia County and Florida Fish and Wildlife Conservation Commissiom
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2. City of Edgewater - Subdivision Preliminary and Final Plat Approval, Subdivision
Construction Plan Approval, all applicable clearing, removal, construction and building
permits.
10. DEVELOPMENT REQUIREMENTS
The Developer shall establish a mandatory Homeowners Association for the purpose of
maintaining the property and enforcing applicable covenants and restrictions. The HOA
documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By-
Laws shall be reviewed and approved by the City prior to final plat approval.
The mandatory HOA will be responsible for the streetlight requirements that result from
the project including payment to Florida Power and Light for installation, maintenance and
power consumption. Streetlights shall be installed by the Developer at all entrances and meet the
requirements set forth in the LDC prior to issuance of the Certificate of Occupancy on the first
dwelling unit. The HOA shall also be responsible for the maintenance of stormwater areas within
the common area tracts,as depicted on the plat.
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified,or waived
unless such modification,amendment or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived.
Developer agrees to reimburse the City of Edgewater for direct costs associated with the
legal review, engineering review, construction inspections, construction of required
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infrastructure improvements, and the review and approval of the final plat related to the
development,including recording fees.
11. HEALTH SAFETY AND WELFARE REOUIREMENTS
The Developer shall comply with such conditions, terms, restrictions or other
requirements determined to be necessary by the City for the public health, safety or welfare of its
citizens.
12. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this
Agreement, the Developer shall file a written appeal to the City Manager. After receiving the
written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City
Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda.
The action of the City Council is the final authority concerning this Agreement, subject,
however,to the parties'rights to invoke remedies provided below.
13.PERFORMANCE GUARANTEES
During the term of this Agreement, regardless of the ownership of the Properly, the
Property shall be developed in compliance with the terms of this Agreement and applicable
regulations of the City not inconsistent with,or contrary to,this Agreement.
14. BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans,shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firth, corporation, or entity who may become the successor in
interest to the land subject to this Agreement or any portion thereof and shall run with the land
and shall be administered in a manner consistent with the laws of the State of Florida.
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15. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County.The cost of recording shall be paid by the Developer.
16. PERIODIC REv7EW
The City shall review the Development subject to this Agreement every 12-months,
commencing 12-months after the date of the Agreement to determine if there has been good faith
compliance with the terms of this Agreement. If the City finds on the basis of competent
substantial evidence that there has been a material failure to comply with the terms of this
Agreement, subject to Developer's rights to cure provided below, the Agreement may be
revoked or modified by the City. Notwithstanding any other provision of this Agreement, if City
at any time concludes Developer is in default of a covenant or obligation of this Agreement,City
shall notify Developer in writing of the claimed default, and Developer shall have the right to
cure the default within thirty (30) days after receipt of City's notice. Developer shall not be
deemed in default hereof, and City shall invoke no remedies, if Developer cures the claimed
default within those thirty (30) days. Further, if the default is of such a nature that it cannot be
cured through the exercise of reasonable diligence within thirty (30)days, then Developer shall
not he deemed in default hereof, and City shall invoke no remedies, if Developer commences in
good faith to cure the default within thirty (30) days after receipt of City's notice, and thereafter
cures the default within ninety(90)days.
17. APPLICABLE LAW
This Agreement and provisions contained herein shall be constmed, controlled and
interpreted according to the laws of the State of Florida.
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18. TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
19. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings,and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment. Substantial changes, as determined by the City Manager,
shall require City Council approval.
20. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each
shall execute and deliver to the other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
21. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions
of this Agreement by an action for specific performance. Further, Developer shall have the right
to challenge City actions and decisions in accordance with Chapter 163, Florida statutes and the
Florida Rules of Appellate Procedure.
22. ATTORNEYS'FEES
In the event that either party finds it necessary to commence an action against the other
party to enforce any provision of this Agreement or because of a breach by the other party of any
terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable
Gienbrooke is
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attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and
appellate levels, including bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is prosecuted to judgment.
23. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument
24. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and
the words contained therein shalt in no way be held to explain, amplify or aid in the
interpretation,construction,or meaning of the provisions of this Agreement.
25. SEVERABILITY
If any sentence, phrase, paragraph, provision or portion of this Agreement is for any
reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and such holding shall not affect
the validity of the remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
v.
�ATTESTi- CITY COUNCIL OF THE
".- CITY OF E�/D�GEWATER,FLORIDA
By:/ %/c RSL. '�%is'Lb�b
,,"> Robin L.'Matusiek, Michael Ignssia ,
'-City @Ierk/Parslegal, Mayor
Glenbrooke 19
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Witnessed by: DEVELOPER
D.R.Horton,Inc.
7
yy
�i
Assistant Secretary
STATE OF FLORIDA
COUNTY OF DZft EC— -7
The foregoing instrument was acknowledged before me on this 25da�y/of` r 018,
by C IS�'pfif ;L lAy���N , who is Itdpersonally known to inc
or IJ has produced As identification and who did (did not)take
an oath.
lei
Nctary Public
Stamp/SeelTw
NARIAR.WEVAS
NOTARY PORUC
STATE OF FLORIDA
c.o GG19a9a7
ENa11e541242Ud2
Glcnbrooke 20
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EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF LOT 23 AND LOT 24, MODEL LAND COMPANY SUBDIVISION, AS
SHOWN ON MAP RECORDED IN MAP BOOK 5,PAGE 187,OF THE PUBLIC RECORDS
OF VOLUSIA COUNTY,FLORIDA;
AND A PORTION OF LOTS 12, 13, 14, 15, 16 AND 28; ALL OF LOTS 29, 30,31 AND 32;A
PORTION OF LOT 238; ALL OF LOTS 239 THROUGH 253, INCLUSIVE; A PORTION OF
LOTS 264 THROUGH 272, INCLUSIVE, AND ALL OF LOTS 273 THROUGH 279,
INCLUSIVE,ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT,AS SHOWN
ON MAP RECORDED IN MAP BOOK 3, PAGE 153, OF THE PUBLIC RECORDS OF
VOLUSIA COUNTY,FLORIDA.
AND A PORTION OF A VACATED PLATTED 30 FOOT ROAD AS SHOWN ON
ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT,MAP BOOK 3,PAGE 153,
AND ALSO SHOWN ON MODEL LAND COMPANY'S SUBDIVISION, MAP BOOK 5,
PAGE 187,PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.
ALL LYING SOUTHERLY OF STATE ROAD NO. 442, LYING WESTERLY OF THE
WEST LINE OF PB4EDALE ROAD, A 50-FOOT RIGHT-OF-WAY,AND ITS SOUTHERLY
PROLONGATION; LYING NORTHERLY OF A LINE 800 FEET NORTH OF AND
PARALLEL WITH THE NORTH LINE OF FLORIDA SHORES UNIT NO. 15, AS SHOWN
ON MAP RECORDED IN MAP BOOK 19, PAGE 216, PUBLIC RECORDS OF VOLUSIA
COUNTY,FLORIDA;AND LYING EASTERLY OF AIR PARK ROAD,A 50,FOOT RIGHT-
OF-WAY AS NOW LAID OUT.
EXCLUDING FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL 107, PART
"A", BEING PROPOSED RIGHT-OF-WAY TAKING FOR STATE ROAD NO. 442, AND
EXCLUDING FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL 107,PART"B",
BEING THAT PORTION LABELED "WATER RETENTION AREA", AS SHOWN ON
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAP OF STATE
ROAD NO.442,SECTION 79210-2504,SHEET 16 OF 21.
THE SUBJECT PARCEL BEING FURTHER DESCRIBED AS FOLLOWS:COMMENCE AT
A 12-INCH IIRON PIPE (NO IDENTIFICATION) MARKING THE SOUTHEAST CORNER
OF THE SAMUEL BETTS GRANT,SECTION 38,TOWNSHIP 8 SOUTH,RANGE 34 EAST,
VOLUSIA COUNTY, FLORIDA, BEING FLORIDA DEPARTMENT OF NATURAL
RESOURCES CERTIFIED CORNER RECORD NO. 0049158, ALSO BEING THE
SOUTHEAST CORNER OF THE MODEL LAND COMPANY'S SUBDIVISION, AS
SHOWN ON MAP RECORDED IN MAP BOOK 5, PAGE 187, PUBLIC RECORDS OF
VOLUSIA COUNTY,FLORIDA;THENCE S 69°34'10" WEST,ALONG THE SOUTH LINE
OF SAID MODEL LAND COMPANY'S SUBDIVISION, A DISTANCE OF 1950.07 FEET
Glenbrooke 21
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TO THE EXISTING EASTERLY RIGHT-OF-WAY OF AIR PARK ROAD, A 50- FOOT
RIGHT-OF-WAY AS NOW LAID OUT; THENCE N 23"2756 11 W, ALONG SAID
EASTERLY RIGHT-OF-WAY, A DISTANCE OF 1245.95 FEET TO A POINT ON THE
NORTH LINE OF LOT 22, SAID MODEL LAND COMPANY'S SUBDIVISION, FOR THE
POINT OF BEGINNING; THENCE CONTINUE N 23°27'56" W, ALONG SAID EASTERLY
RIGHT-OF-WAY, A DISTANCE OF 30.04 FEET TO THE SOUTHEAST CORNER OF LOT
40, ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT, TO THE
SOUTHEAST CORNER OF LOT 40, ASSESSOR'S SUBDIVISION OF THE SAMUEL
BETTS GRANT,AS SHOWN ON MAP RECORDED IN MAP BOOK 3, PAGE 153, PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE N 21019'18" W, ALONG THE
EAST LINE OF SAID LOT 40 AND ITS NORTHERLY PROLONGATION, A DISTANCE
OF 636.72 FEET TO SAID EXISTING EASTERLY RIGHT-OF-WAY OF AIR PARK ROAD;
THENCE N 072313" W, ALONG SAID EASTERLY RIGHT-OF-WAY, A DISTANCE OF
204.22 FEET; THENCE N 00145'00" W, ALONG SAID EASTERLY RIGHT-OF-WAY, A
DISTANCE OF 275.88 FEET; THENCE N 14°49'5611 W, ALONG SAID EASTERLY
RIGHT-OF-WAY, A DISTANCE OF 267.33 FEET TO THE SOUTH LINE OF FLORIDA
DEPARTMENT OF TRANSPORTATION PARCEL 107, PART "A", BEING THE
PROPOSED SOUTHERLY RIGHT-OF-WAY OF STATE ROAD NO. 442; THENCE N
68048'54" E,ALONG SAID PROPOSED SOUTHERLY RIGHT-OF-WAY A DISTANCE OF
764.30 FEET;THENCE N 21"12'16" W, ALONG SAID PROPOSED SOUTHERLY RIGHT-
OF-WAY A DISTANCE OF 4.50 FEET; THENCE N 68 0 48'54" E, ALONG SAID
PROPOSED SOUTHERLY RIGHT-OF- WAY, A DISTANCE OF 675.47 FEET TO THE
WESTERLY LINE OF PINEDALE ROAD,A 50 FOOT ROADWAY; THENCE S21'10'59"
EI ALONG THE WESTERLY LINE OF SAID PINEDALE ROAD AND ITS SOUTHERLY
PROLONGATION, A DISTANCE OF 1901.02 FEET TO A POINT ON A LINE BEING 800
FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF FLORIDA SHORES
UNIT NO. 15,AS SHOWN ON MAP RECORDED IIN MAP BOOK 19, PAGE 216,PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE S 68`48' 12" W, PARALLEL
WITH SAID NORTH LINE OF FLORIDA SHORES UNIT NO. 15,A DISTANCE OF 919.60
FEET TO THE EASTERLY LINE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PARCEL 107, PART "B", BEING THAT PORTION LABELED "WATER RETENTION
AREA", AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-
WAY MAP OF STATE ROAD NO. 442, SECTION 79210-2504, SHEET 16 OF 21; THENCE
N 21004'18" W, ALONG THE EAST LINE OF SAID PARCEL 107, PART "B" AND IITS
NORTHERLY PROLONGATION, A DISTANCE OF 497.37 FEET TO A POINT ON THE
NORTH LINE OF LOT 23, SAID MODEL LAND COMPANY'S SUBDIVISION; THENCE S
69038'48" W, ALONG SAID NORTH LINE OF LOT 23 AND THE NORTH LINE OF LOT
22, SAID MODEL LAND COMPANY'S SUBDIVISION,A DISTANCE OF 693.06 FEET TO
THE POINT OF BEGINNING.
Gleabrooke 22
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EXHIBIT"C"
TREES
Comm--Name Botanical Name Inches(DB
Elm Ulmus spp. 12 plus
Hickory Carya spp. 12 plus
Loblolly Bay Gordonia lasianthus 12 plus
Magnolia Ma nolia grandiflom 12 plus
Maple Acer spp. 12 plus
Other Oak Species Quercus 12 plus
Red Bay Parsee borbonia 12 plus
Red Cedar Juniperus silicicola 12 plus
Swamp Bay Persea palustris 12 plus
Sweet Bay Magnolia virginiana 12 plus
Sweet Gum Liquidambar styreciflua 12 plus
Sycamore Platanus occidentalis 12 plus
Turkey Oak Quercus laevis 12 plus
Cypress Taxodium spp. 12 Plus
Sugarberry/Hackberry Celtis laevigata 12 Plus
Slash Pine Pinus eflioltii 18 Plus
Longleaf Pine Pinus palustris 18 Plus
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