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05-09-2018
Ci'5' ar �� GE'[�VATE� City of Edgewater Meeting Agenda Planning and Zoning Board 104 N. Riverside Drive Edgewater, FL 32132 Wednesday, May 9, 2018 6:30 PM Council Chambers We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL 2. APPROVAL OF MINUTES a. Regular Meeting - April 11, 2018 Attachments: Minutes Support Document 04-11-18 3. OLD BUSINESS -PUBLIC HEARING a. VA -1809 - Mark Karet. Zev Cohen & Associates. reauestina a variance from Land Development Code for property located 412 - 418 West Park Avenue and the adjacent parcels to the south. Attachments: Location Map Aerial Conceptual Plan Aerial View Street View Canopy Example City of Edgewater Page 1 Printed on 5/4/2018 Planning and Zoning Board Meeting Agenda May 9, 2018 b. VA -1805 - Kimberly Rockburn reauestina a variance from the Fisherman's Cove RPUD (Residential Planned Unit Development Agreement) for property located at 4691 Bayfield Harbor Lane. Attachments: Aerial Location Map Survey Overhead View Property Photos Addional Property Photos Owner Provided Documents Boat Dock HOA Approval 4. NEW BUSINESS - PUBLIC HEARING a. VA -1810 - Fredrick Peters reauestina a variance from the Land Development Code for property located at 203 Eaton Road. Attachments: Location Map Aerial Plan Overhead View Street View b. AN -1802 - D. Frank Wriaht. reauestina annexation of 1.56± acres of land located at 190 William Street. Attachments: Location Map Aerial Aerial View C. CPA -1803 - D. Frank Wright, requesting an amendment to the Future Land Use Map to include 1.56± acres of land located at 190 William Street as Low Density Residential. Attachments: Location Map Aerial Aerial View Future Land Use Map City of Edgewater Page 2 Printed on 5/4/2018 Planning and Zoning Board Meeting Agenda May 9, 2018 d. RZ-1803 - D. Frank Wriaht. reauestina an amendment to the Official Zonina MaD to include 1.56± acres of land located at 190 William Street as R-1 (Single Family Residential). Attachments: Location Map Aerial Aerial View Zoning Map e. SD -1701 - Woodbridge Lakes at Edgewater, LC requesting preliminary plat approval for the Woodbridae Lakes subdivision. Attachments: Aerial Aerial View Location Map Preliminary Plat f. SD -1703 - David Evans. Libertv Villaae Development Inc.. reauestina Preliminary Plat approval for a subdivision to be located east of South Glencoe Road and south of Lake Waterford Estates. Attachments: Location Map Aerial Preliminary Plat g. ZA-1802 - E.V. LaCour, requesting to amend and restate the Oak Leaf Preserve RPUD (Residential Planned Unit Development Aareement). Attachments: Location Map Aerial Proposed PUD Agreement PUD Agreement - Strike Thru Exhibit B -Master Plan Exhibit D -Phasing Plan 5. DISCUSSION ITEMS a. Development Services Director's Report b. Chairman's Report c. Agency Member's Report 6. ADJOURN City of Edgewater Page 3 Printed on 5/4/2018 Planning and Zoning Board Meeting Agenda May 9, 2018 Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk/Paralegal Robin L. Matusick, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771 One or more members of City Council or other advisory boards may be present. City of Edgewater Page 4 Printed on 5/4/2018 Ci 1), of -E,D GE WATER Wednesday, April 11, 2018 City of Edgewater Meeting Minutes Planning and Zoning Board 1. CALL TO ORDER, ROLL CALL 6:30 PM 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers Present 6 - George Kennedy, Robert Andrejkovics, Michael Eichhom, Robert McIntosh, Thomas Duane and Paul Wright Excused 1 - Chris Hatcher Also Present 2 - Development Services Director Darren Lear and Senior Planner Bonnie Brown 2. APPROVAL OF MINUTES a. Regular Meeting - March 14, 2018 A motion was made by Mr. Wright, second by Mr. Andrejkovics, to adapprove the minutes of March 14, 2018. The MOTION was APPROVED by the following vote: Yes: 5 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Robert McIntosh, and Paul Wright Excused: 1 - Chris Hatcher Abstain: 1 - Thomas Duane 3. OLD BUSINESS -PUBLIC HEARING 4. NEW BUSINESS - PUBLIC HEARING a. VA -1805 - Kimberly Rockbum requesting a variance from the Fisherman's Cove RPUD (Residential Planned Unit Development Agreement) for property located at 4691 Bayfield Harbor Lane. Mr. Lear provided background information and staffs recommendation. Mr. Lear stated that adjacent property owners were notified of the request and staff had not received any objections. Chairman Kennedy opened the public hearing. Kim Rockburn, 4691 Bayfield Harbor Lane, provided the Board with updated pictures of the property showing the height the fence would be at the end of the grass area. Chairman Kennedy indicated the fencing should be 50% opaque. Mr. Lear stated part of the variance was to allow a vinyl fence. Ms. Rockburn stated there was a 10-1/2 foot separation between houses and she would like some privacy. City of Edgewater Page 1 Printed on 511/2018 Planning and Zoning Board Meeting Minutes April 11, 2018 Mr. Wright asked about the length of the fencing. Ms. Rockburn stated 50 -60 -feet down the side and 50 feet across the rear. Mr. Andrejkovics asked if the fence would then reduce in height. Ms. Rockburn indicated not at this time. Mr. Andrejkovics then asked if with the slope of the property the height of the fence would not be a problem. Ms. Rockburn stated it would not and she reflected that in the updated photos. Mr. Lear referenced the plan showing the fence starting towards the back of the house and going to the bottom of the hill. William Thomas, 4693 Bayfield Harbor Lane, spoke against the request as he felt it would block his view of the river and community dock. Mr. Thomas stated he was not notified of the request and that his neighbor on the other side would also oppose the request. Mr. Andrejkovics asked Mr. Thomas if he received a letter about the variance. Mr. Lear stated the letters where sent out and staff did not receive any objects in the office. Ms. Brown stated the Property Appraiser's website is utilized for the addresses of the adjacent owners. Mr. Andrejkovics then spoke of Mr. Thomas' view being obstructed and discussed the incline at the back of the property and asked if we had the grade. Mr. Wright stated it was significant. Mr. Thomas stated the grade was 4:1 after approximately 35-40 feet; if he was on his back porch and looks to the left he would not be able to see the dock and a good portion of the water if a six (6) foot fence is installed, and the only access he would have to the water would be straight ahead. Mr. Wright asked if there was a community dock. Mr. Thomas stated there was. Mr. McIntosh stated they were provided a document from the HOA discussing six (6) foot fences. There was further discussion offences on the river. Ms. Rockburn responded to the alluded view obstruction and the grade of the property. Mr. Lear referenced the pictures again showing height of the fence and the view to the river. Mr. Andrejkovics stated if the fence was installed Mr. Thomas' view would be obstructed. Ms. Rockburn stated his view straight from his house would not be obstructed as the lots are 283 feet long and the water is far from the house. Mr. Andrejkovics stated Mr. Thomas view would be obstructed if he was to look to the left or right and the fence was there. Mr. Rockburn stated it would be an obstruction to her backyard and her privacy not an obstruction to the water. Mr. Andrejkovics stated this was a delicate situation and should not be taken lightly. He added that ij he was on the water he would not want any obstruction and the City limits fences to four (4) feet for a reason and is understandable. He stated if there was some type of concession, possibly a four (4) fence by the house and increasing to six (6) foot with the incline that might feasible. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. McIntosh, to aapprove VA -1805. The motion failed by the following vote: Yes: 3 - George Kennedy, Robert McIntosh, and Paul Wright City of Edgewater Page 2 Printed on 511/2018 Planning and Zoning Board Meeting Minutes April 11, 2018 No: 3 - Robert Andrejkovics, Michael Eichhorn, and Thomas Duane Excused: 1 - Chris Hatcher b. VA -1806 - Joseph Kadlecek, requesting a variance from the Land Development Code for property located at 3422 Tamarind Drive. Mr. Lear provided background information and staffs recommendation. Chairman Kennedy opened the public hearing. Mr. McIntosh asked how many vehicles and what type. Joseph Kadlecek, 3422 Tamarind Drive, explained why he requested the variance and the recent updates he has made to the property. Mr. Wright asked about fence on the property. Mr. Kadlecek specified where the fence was. Mr. Andrejkovics asked what the extended size was. Mr. Kadlecek stated it would only be in front of the garage. Mr. Lear stated the addition would be under the maximum impervious converage permitted. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Eichhorn, to approve VA -1806. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Robert McIntosh, Thomas Duane, and Paul Wright Excused: 1 - Chris Hatcher C. VA -1807 - James Hiester, requesting a variance from the Land Development Code for property located at 2624 Willow Oak Drive. Mr. Lear provided background information and staffs recommendation. Chairman Kennedy opened the public hearing. Mr. Andrejkovics stated .8 feet was kind of tight. Mr. Lear responded that there was previously a carport in the same location. Mr. Eichhorn asked if there was no driveway. Mr. Lear responded that the driveway would have to be extended to the carport. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Wright, to approve VA -1807. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Robert McIntosh, Thomas Duane, and Paul Wright City of Edgewater Page 3 Printed on 511/2018 Planning and Zoning Board Meeting Minutes April 11, 2018 Excused: 1 - Chris Hatcher d. VA -1808 - Shelley Tracey, requesting a variance from the Land Development Code for property located at 207 Virginia Street. Mr. Lear provided background information and staffs recommendation. Chairman Kennedy opened the public hearing. Chad Erikson, 2100 Ocean Drive, New Smyrna Beach, pool contractor, stated there will be a four (4) foot retaining wall and no obstruction to the existing swales. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Eichhorn, to approve VA -1808. The MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Robert McIntosh, Thomas Duane, and Paul Wright Excused: 1 - Chris Hatcher e. VA -1809 - Mark Karet, Zev Cohen & Associates, requesting a variance from Land Development Code for property located 412 - 418 West Park Avenue and the adjacent parcels to the south. Mr. Lear provided background information and staffs recommendation. Chairman Kennedy opened the public hearing. Mark Karet, Zev Cohen & Associates, 300 Interchange Boulevard, Ormond Beach, stated he was available to answer any questions. Chairman Kennedy asked if it was a simtech fence. Mr. Karet stated that was correct, it was not vinyl but polyethelyne. Chairman Kennedy advised that was the same fence recently installed behind the Winn Dixie and it was very nicely done. Mr. Andrejkovics felt it would be a nice addition to the City. Mr. Lear stated there is also high demand for RVlboat storage. Mr. Eichhorn asked why the masonry wall was required. Mr. Lear stated the Land Development requires a wall as a buffer when adjacent to residential property. He added that there were several large historic trees on the property and the fence will be easier to work with than the wall. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Eichhorn, to approve VA -1809. The City of Edgewater Page 4 Printed on 511/2018 Planning and Zoning Board Meeting Minutes April 11, 2018 MOTION was APPROVED by the following vote: Yes: 6 - George Kennedy, Robert Andrejkovics, Michael Eichhorn, Robert McIntosh, Thomas Duane, and Paul Wright Excused: 1 - Chris Hatcher 5. DISCUSSION ITEMS a. Development Services Director's Report None at this time. b. Chairman's Report None at this time. c. Agency Member's Report Mr. Andrejkovics provided an update on the April Economic Development Board meeting and the status of the proposed Charter School. Mr. Lear welcomed Mr. Duane to the Board. 6. ADJOURN There being no further business to discuss, the meeting adjourned at 7:12 p.m. Minutes Respectfully Submitted By: Bonnie Brown Board Coordinator City of Edgewater Page 5 Printed on 511/2018 Apnil 11, ACI1 EI CH y all EdgewatEir Planning & DevelQpmelot To Whom it May Concern, WO appreciate youn tirriE1 today to addrEiss oun nequEist Ion a Fence VallianCEI 11or ( ft solid `v inyl Fence. We anEi requesting t I is sl YIEi and height of fencE1 11011 sEIVEina I neasons : 1. "e intEin d to put in a pool. :I. RivEin is visiblEi by all nivEinfnont horrlElOwnElns on Elayfield F a rbon Dniv Ei wit h a E It solid panEil lienae. SEie photos. Lat is :183 feel Icing and nEiighbors lass ane similari in size. 98Ei Plat. 4. \ e woUld like some privacy on oun palio since OUr homes are 9a close togEithEin. 7h( ne is 10.5 sleet bEitweEin tr Ei homes. 5. Fisherman's Clov a has -1 (1 + residEints wit h same stYIEi & hEiight of fEincE1. t . Allawa ble by HOA. -shank you for consideration to oun nequEisl. Since ely, Kim & Tim FENCES All FENCES sh211 be greeted vvith the III-NISIHED SIDE C L Y ( GOOD SIDE CIS TI) All BENCE S JoVated cin a ccirner laid must conform to the sight trisingle requirements. Citi Ciidinance 211-38.03ijd:. The mai irriurn allowabla heie-i of all fence' lc)aatec in the fund yard selbaclds anc riiven fnani lais of nasidenAal praplerty r.1at sl:lljec,l la siva pllanl review Mall be ikiun feet 114'). Henlads located in iflase areas must be nion- aplaqua (150% visibilit)). Re rr.a?irrlurri allowable heigl.'l of all other fanlces in re9icential aro-as shall be six feel ild') including sica corner ]ants arc rreet the silo tnianglla requirlemer.-is. Jix I16') foor fences on lice comer lois shall be satbacR 'len heel (110') from 1he p1raplert3l line. In aarrimercial anc indusirial alieas na ferllaa shall axceec len feel 1110" feat in height unless &erwise apprl'cived as part of a develaplmer.rl pilar and meet i Ha sit a tllianglla j equiren ianll s. T11 e filling) a ii bernaing cif pnopertyl 'alely Jor the plu rpos a cif a r eai ingl a barrier, th a emceed] . hay heighl i equirerr encs contained ha r ein is pi ohibil ec . ]IT ISI THE AFF1111CANT9 R1RS1PCNf111E111I1.11TY TC VIERIIFIN THAT H11ACDMENT CC MPLIEJ WITH ANY EA9DMENT9, RINTRI'ICTICINS, RIESERIVA TIC NJ, RITC HIT OF WAYS; EITHIHRI F IRCC IRE ED, PIRIIIVIATE, A NWORI MERE AL. I HAVE READ A N U FL LLY UN-DERSITA N U THE ABC VE ST'.A TBMENTIS: Suilclin E tlepa rtmn n t P.O. Bdx 100 • Ed Ilek a to r, 31 33 171-0100 (786) 42,1-3400 Ex . 1-11 . Man (38 6) 42� -3473' f U iu.iw.ciq lnfedgf wi U nong :t'ssl CONI`= Mia h ale Bragg, Pre9ident Fi9hermon's Cove a f ; E Volk sien Clounty HCIA, Inc. 163 Hishermans Cla � a 0 r. Edgewater, H i I 7 14-1105 201-141 -( 8 59 mbbrag.q@g"aiil.com 11" a fl)l SI acoaici l im Rocl t t irn ,Id91 E oyfielcI FIarbor I n Mclgevw ater, AI 32141 April 10, 2018 Dear'lim & Kirn, llrifanuria tely, I will not be able to attend the council meeting regarding your request for at variance regording tt a fence )Iou want to put on dour props rt)I. I can pro aide ya a with it a information that may be ria eded to grant your reds test. Per a Lir Aist ern an's Cla %ie HCIA of Southeast VOILISia County Flon eovtnars Association, Inc. Da eL rna nts, to na as are allowed per Article )I Use I estrictia ns, Section 1 it Alterations and Fences on page 42 (see ease rpt beta v ). section 11 AITERA'i'ION"i AND FRNI[IM. Any materia alteration to the improvements an ary Z.ot on any ihnce placed ugon any Lot rzurt t:e apllnavetl by the ACE, as pnovid+id in ArEcle VIRI 1_clef � prion to insta lation, inaludIng tlyd iustal'ailan oi'any metal zoof; on pa reties. 181xcept v heu a grcuWn 1ho a haigl t is nr quires b,I VolLI:ti2 County on l..y tha Florkla iluiidirtg [lode, oto wYte picl et ill riuc i no talett tI an thla (3) 9eet in height ahall ba- alploved by tlla ACi3, whethe,i suah feriea is 110ustrucW oil PVC, mood, cr ather camllaratle niateairi_ Niktwitl:stand in- tile fozegloing, swimming pool and spa Ann, musi I a at lea: Four (4) feet in blight. U a Owner as9umea cumpltti responsit ility Io maintain the fence. hl the c vent II a BICE' ZPflrovt the instal atior of a ti nee, it stall, als( have tho right to sequin inntallaEon of landscapinb, a so subject to the ACM al p,ioi al, at dirt tial a the ibncc 6 insta led. Although no amendments hove yet been made to our documents, fences six (6) feet in height are also allowed and is now the norm in our HOA. Prior to HOA turnover, the developer allowed six-foot fences to be installed and we continued this practice after turnover at the end of October 2017. If the Cit)l of Edgewater needs more in €a rrrrn a tic n or adc Ira sses of homes in our F ICIA tt at currently have si t -foot fen ces, pla ase la t rn a k now a n d i can sL pply that infa rrr atia n. I incerei% h. thele 9. E raggl, Presi Aisherman's Co, to a f Sou est VOIc sic Counts,) Ha rr a a sntn ers Association, Inc. 491 r5 Jp x: I Ew yv Pr rti -v I 0 gig!! ai'� r' Zci�N< Ali oil�p I9 iC CdESb '6�Sbp3t ,°�S� Yni='� N'� OW �Q1Pt� RF` ay C7 Q0zdL1HHhQw s Y C �� S pp R � c o Nrr PIT :��""�j � �i� F m 7 o o i a�:in 65 J Z 1 sP�`r5U 11 F ¢4 �0 jj.fS q:Q1i 41 =.1 M ii g A pia cw o? y e** Mt�Q�:`, Z C 1 O a "" a A< u C� W S 1� I�i55gy g0 Me 8'w F -1j, x pow 4la�o1; g� Y � Mai m Q c 4 w elm.. 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HENCE IF NOTACCEPTED HIN DAY IAI IMEP IT WI1 LOS f IA DB A S 01 1111 11 1 8D AB ON IS rIICIN Al1UAE DAPI E CICIN"PAINY ,IICIN A-RURE DAPI E REF FREIE N IIATIV �% P WHITE: 01MICE COPY / YEI_I_.OVI: CUs TOMER COPY / P INK: a TIMATOIR eopy File #: VA -1809, Version: 2 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: VA -1809 - Mark Karet, Zev Cohen & Associates, requesting a variance from Land Development Code for property located 412 - 418 West Park Avenue and the adjacent parcels to the south. OWNER: Barracuda Boat & RV Storage REQUESTED ACTION: To allow a canopy to be located five (5) feet from the (west) side property line lieu of the required 10 -feet (Section 21-50.02). LOCATION: 412 - 418 West Park Avenue and the adjacent parcels to the south AREA: 8.99± acres PROPOSED USE: RV and Boat Storage CURRENT LAND USE: Single Family Residence and Vacant FLUM DESIGNATION: Industrial with Conservation Overlay and Low Density Residential ZONING DISTRICT: I-1 (Light Industrial) and R-3 (Single Family Residential) VOTING DISTRICT: 1 SURROUNDING AREA: constructed in 1963. y residence The property is proposed to be developed as a boat and RV storage facility. The single family residence will be converted into an office. Approximately 300 boat and RV storage spaces are proposed, which will be covered by metal shade canopies. The site will be enclosed with a six-foot (6') vinyl fence, a portion of West Park Avenue near the office will be enclosed by a six-foot (6') black City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM Current Land Use FL UM Designation Zoning District North Vacant/Storage Industrial with Conservation I-1 (Light Industrial) Overlay East Single Family Residential Low Density Residential R-3 (Single Family Residential) South Single Family Industrial with Conservation P/SP (Public/Semi-Public) and R- Residential/City Public Overlay and Low Density 3 (Single Family Residential) Works Facility Residential WestWarehouse/Manufacturing Industrial with Conservation I-1 (Light Industrial) 10verlay Background: The subiect nronerty consists of several vacant narcels and one narcel developed with a sinLyle famil constructed in 1963. y residence The property is proposed to be developed as a boat and RV storage facility. The single family residence will be converted into an office. Approximately 300 boat and RV storage spaces are proposed, which will be covered by metal shade canopies. The site will be enclosed with a six-foot (6') vinyl fence, a portion of West Park Avenue near the office will be enclosed by a six-foot (6') black City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM File #: VA -1809, Version: 2 aluminum picket -style fence. A 40 -foot tree preservation and landscape area is proposed along the eastern and southern property line to buffer the residential development. The vinyl fence will run along the inside boundary of this area. The applicant will provide additional landscaping along Park Avenue and install vinyl fencing with a "stone" look to enhance the aesthetics of the property and to conceal the canopy proposed 10 -feet from the front property line. A variance to allowing a front setback of 10 -feet was approved by the Board on April 11, 2018; however the portion of the request to allow a five (5) foot side setback on the west side of the property was inadvertently omitted from the staff report. The western portion of the subject property is adjacent to vacant industrial property. Land Use Compatibility: The subject property is surrounded by a mix of residential and industrial uses, the development of RV and boat storage is less intense than many of the permitted industrial uses and will act as a buffer for the residential properties. Adequate Public Facilities: Access is available via West Park Avenue; City water and wastewater are available to the site. Comprehensive Plan Consistency: The proposed development is consistent with Policies 1.4.3 and 1.4.4 of the Future Land Use Element regarding infill development and revitalizing Park Avenue. 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AS RUQUIRED BOAIT � RV 5TOPAGE WITH CIAINCIPI '55 A5PHALT PAIV ING I i PROPC15MD G' VINYL FNIICIE ON NR09BRTY LINE A RICIPOSED 5' 9EIBACIK (V ARIAINC 19 REQUESTED) RV 4 BOAT- 'FIQRAGE CIANCIPY SEN DETAIII 1, THO 9HEE1 I-1 IN DU MP IL ZION ING 1-1 INDUSTRIAII ZQNING N' BLP Cr. AILUMINL N PICIKET FENCIE AND GATE AROUND PAIRKINC-I AIRI-A )k PARK AVErUE �- - I I PROPCISED G' V INTI L FNNCIE ((' MA`_IQNRII WALL RNQUIRED MR OFNICN I 21-54. C14 TABLE V-5 (2) WHNRI AD,IAICENT 'EXISTING DRIVEWAY TO RN5IDENTIAII - I VARIANCE REOLIMSTND) TO 15E REMOVED R-: RESMIN1IAL ZONING I I� I � N ININ UM 4C' Lf IIDSCIAPE BUgfER A5 REQUIRED I PROPOSED G' VINYI NNIICIE (G' MAPIQNRY WAII L REQUIRED NIR 2 1 -5• .0,` TABLE V-5 (2) WHIR] AD.IACNNT TCI R115IDENTIAL - V AIRIANCIE RI QU9E179D) I� I-3 F ESIDENTIAIL ZGN INCI 50' BUILDII GI 5E11dACIK .. 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AS RUQUIRED BOAIT � RV 5TOPAGE WITH CIAINCIPI '55 A5PHALT PAIV ING I i PROPC15MD G' VINYL FNIICIE ON NR09BRTY LINE A RICIPOSED 5' 9EIBACIK (V ARIAINC 19 REQUESTED) RV 4 BOAT- 'FIQRAGE CIANCIPY SEN DETAIII 1, THO 9HEE1 I-1 IN DU MP IL ZION ING 1-1 INDUSTRIAII ZQNING N' BLP Cr. AILUMINL N PICIKET FENCIE AND GATE AROUND PAIRKINC-I AIRI-A )k PARK AVErUE �- - I I PROPCISED G' V INTI L FNNCIE ((' MA`_IQNRII WALL RNQUIRED MR OFNICN I 21-54. C14 TABLE V-5 (2) WHNRI AD,IAICENT 'EXISTING DRIVEWAY TO RN5IDENTIAII - I VARIANCE REOLIMSTND) TO 15E REMOVED R-: RESMIN1IAL ZONING I I� I � N ININ UM 4C' Lf IIDSCIAPE BUgfER A5 REQUIRED I PROPOSED G' VINYI NNIICIE (G' MAPIQNRY WAII L REQUIRED NIR 2 1 -5• .0,` TABLE V-5 (2) WHIR] AD.IACNNT TCI R115IDENTIAL - V AIRIANCIE RI QU9E179D) I� I-3 F ESIDENTIAIL ZGN INCI 50' BUILDII GI 5E11dACIK .. 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OWNER: Kimberly Rockburn and Timothy Shacoski REQUESTED ACTION: To allow a six-foot (6') opaque vinyl fence to be located along the side property lines and a six-foot (6') non-opaque fence to be located in the rear, at the bottom of the bank, in lieu of the required four -foot (4') non-opaque fence on riverfront lots per Section 21-38-02 (d). LOCATION: 4691 Bayfield Harbor Lane AREA: .32± acres PROPOSED USE: Single family residence CURRENT LAND USE: Single family residence FLUM DESIGNATION: Volusia County Urban Medium Intensity ZONING DISTRICT: RPUD (Residential Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Background: The subject parcel contains a single family residence constructed in 2018. The properties within Fisherman's Cove are 50 -feet wide with five-foot (5') side setbacks. Section 21-38.02 (d) of the Land Development Code limits fences on riverfront lots to four -feet (4') and must be non-opaque (50% visibility). Due to the close proximity of the residential structure to neighboring properties the applicant is requesting to allow a six-foot (6') opaque fence to be constructed along the side property lines. The applicant has indicated that there is a one -foot (1') slope every four - City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM Current Land Use FLUMDesignation ZoningDistrict North Single Family Residence Volusia County Urban Medium Intensity RPUD (Residential Planned Unit Development East Indian River NA NA South Single Family Residence Volusia County Urban Medium Intensity RPUD (Residential Planned Unit Development West Vacant Volusia County Urban Medium Intensity RPUD (Residential Planned Unit Development Background: The subject parcel contains a single family residence constructed in 2018. The properties within Fisherman's Cove are 50 -feet wide with five-foot (5') side setbacks. Section 21-38.02 (d) of the Land Development Code limits fences on riverfront lots to four -feet (4') and must be non-opaque (50% visibility). Due to the close proximity of the residential structure to neighboring properties the applicant is requesting to allow a six-foot (6') opaque fence to be constructed along the side property lines. The applicant has indicated that there is a one -foot (1') slope every four - City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM File #: VA -1805, Version: 2 feet (4') at the rear of the property; therefore the six-foot (6') fence would not block the view of the river. There are approximately 202± feet from the rear of the house to the water's edge, including an 88± foot Conservation Easement, which includes natural mangrove vegetation. On April 11, 2017, the Board voted to approve the variance request to allow a six-foot (6') fence, with the motion failing due to a tie vote. The property owner to the south advised the Board during public comment that he objected to the variance as he perceived the fence would obstruct his view of the water and docks. The applicant was advised by the Board at that time that an amended request could be brought back for review and action. The applicant has requested the variance be brought before the Board without amending the request. Land Use Compatibility: N/A. Adequate Public Facilities: NA Comprehensive Plan Consistency: NA RECOMMENDED ACTION Motion to deny VA -1805. City of Edgewater Page 2 of 2 Printed on 5/4/2018 powered by LegistarTM ss' V GNPR �S 5t V OOVG�S 5� O 9L T O S 7P RMPAS GOms Ooy KO �`5NE ��µ0 g Po EDGEWATER v RPNOLE P �_ ®Subject Property 91 I Dee:35 018 \ \ FOR THE BE NEFIT FIND EXCILUSN E (ISE CIH: Wh1 111TL9 (F 1LORIDA, INC DTII MOITOAIE COWAN' LIE. ALIIIPIIH1110PIAL TITLI I�SLIRA�CB CIMPANY T1M(ITH)1 LELArI[ 91IACaSI11 AiIE FIIIIEIFLY DAWN R110113OHN D•1-HIII�Iillti' �t L�fa�Yf7=1 � i�[I�iGi`f,i NOTES: OTES: 1. AIL 01IEI-ROPIS AMO 011TAN419 Hl VE B71 FIELL N FiHIflO, 1NI1ONS I1ITON01E11 (IAV 1BBN NOTED ON THU 9LIFIIE'1, A AIl'l. 2. IMPIRT' 300NMLS SHOWN HEREOF W FI jrT,IFOUr E 011 01-34-18, II1,!E9'1 13THIFWIS9 SHOWN. 3. TH9 9LIRVElIOF HAS Nall 1131 11AITE0 TF B LAVE SI OWN HIF90r1 RIR EA SB1l 17. R110,1111 OF W111, RHMIC1 4N1 OF RIOIF0 WHICH HAY AFFMC7 -nHE IRTII 4R U9i IF 1H1 LA MI BOUNDARY & Ar -BUILT SIJFWD DE: CRIPIIOPI:(AS FURNISHED) L OT J0, H31- EIRME N'S C4 VE AS F 9CORDEL IN MAP BOOK JJ, PAGB(S) 74—] 9, n� } IAAWe he TII PUBLU RECOI 19 OH VULUSIA aaLIPIlY, ALORK A. aCEknov ledge chat ljWa t ave levia+ned the 4L ruey and app nova all mailers set forth on It is s1 rley, 1/'Ale hereby nelease C Hl Ti lle frlom an) 241 8 and all liability as to rI ll matters refilec-led an-thi�-su 1 / Nw o (� aaI ? 4. N(1 L11101R 6RILIIIE THF II C VEHPIIT9 Hd VF. E MEN L4C d THD. 9. 1 LILOIr10 Tli-9 SHOWN HNREON1 AIE IICI 10 30 LIVE T4 11104N'ITHUOI TIB BOWIE, F'I LINIIS. 6. 1LE\UTiIINS 9IOWN 11H 101 ARE I11EL ON VOLUIIA C(UHT)I v / BI NPHAIAFII "AI 211 196.T 419" ELM T Cl" = 12.70' IIGVD 21 0 AIIJM_ ADDRESS: 411 1 EdY1111L0 (ARBOR LAN9 FOCIVIATIF, FLORIDA 321'11 rn 1 L 711s1"` o 's` p n ,a vl rJ w , O •I O. •J �+ W. [Fin 1i ¢5i Merl " R� E ylPSl �rC��j.�1S� PO ID4 �P,() SRP IpIIVP '12 'i -r vA OCP P s � 1 5(6of- u LI Line Table CENIEAI NE Linc A I _ � `SbbbbbbT OCP P s � 1 5(6of- u LI 1 Line Table CENIEAI NE Linc A 0 irection Length Ll SO4'44'31"E 2.91' L2 S65'12'54"E 12.55' L3 9301C'01"E 22.43' L4 S16'06'5611 23.64' 1-5 S21'2C'48'E 50.00' 1 Y� i u, 1 Z CP �IIn I U (� r L � 1 I 1C Q LECIEND: SET NAIL AND OEIC CENIEAI NE LB 16393 ® RICHT OF 4I A Y LINE 7 u Z U #6393 Y� i u, 1 Z CP �IIn I U (� r L � 1 I 1C Q LECIEND: FLOOD NOTE: I HAVE EXA.5II 11 TFIE F-1.R.M. COMMUNITY PANEL NO. 125155 0715 H, DATED 02-19 14, AFID FOUND THE SUBJECT PROPERT) APPEARS TO LIE IN BOTH ZON X, & NINE AE_ ZONE X AREA OF 0.2% CHANCE FLOOD. ZONE AEA A OF 1A MNUAL CHANCE FL/OD (100 YEAR FLOOD) WITH A BFE OF 6' NAVD 68. THE SURVEYOR MAKES NO CUARANTEES AS TO THE ABOVE INFORMATION. PLEASE CONTACT THE LOCAL F.E.M.A. AGENT FOR VERIFICATION. BEARING BA S11; BEARINGS SHCWNII HERED41 ARE BASED 011 THE 1ENTORLINE OF 8AYFTELD HARBOR LANE BRING S21'20'48'E, PER PLAT. ;FIFLC DATE:( 11-27-17 SCALE: 1 - 30 FEET APPN-IVED BY: JB JCBNE. 5052401 LILT 3C DR, WN a] k JL 1 FNAL 111 -24 -SB 1141 1 FORMBOARD 11 -FO -17 AAW A511R AM EFZ'ICAN SU F2VEY INC - 8, MAPPING INC. OERIFRIA111N (IF AUTICRI2AICN IIULIER 1-13,#6393 3191 til, GUIRE Oil ULEILIRD, SLATE 2110 ORLAIIDC, FLORIDA 32863 (417) 426-7979 WWW A MERIDA l ISURVEI INCA I ID614 PPINC .C(I I I 0 CRAPHI4 KALE II 19 ]'0 O SET NAIL AND OEIC CENIEAI NE LB 16393 ® RICHT OF 4I A Y LINE U #6393 -�� CRAPIACI FLCNI FDVNO NAIL AND DES( E) SIINN ELEVIAIGN O .I/IO All COt OITN1IER LB 072, 0 (P) COI CRETE Pd C8111 CONCRETE BLOC RIALL POINT OF OOIIPDONC C11RVF Ct•A CANER NOT ACCESS19LE PI CF C04CRETE PAN IARKEN KALON C9 COI CRETE SLAT POL C/5I CONCREYIA K PANT IF REVERSE CURvIA.TURE fiEL LA. FEJER.IILTE EMERGE(ICY MANAOEIIENT ANENCY PSM FA.R.F. FLO( I iNSURAAICE RATE 1,1, P PANT OF TANGENCY 10 11 ENIN CAI ON 11DENIALK LB L CENSED BUSINEIS FPL LS LICENSED SURVEYOR LINDSC.IPE BUFFER Da IIE CRAINAGE & UINU7Y EASEMENT DE DRAINAGE EASEL ENT UE UIUTY EASEMENT NGV( NATIONAL 1ECDEIC VERICAL OJTUM FLOOD NOTE: I HAVE EXA.5II 11 TFIE F-1.R.M. COMMUNITY PANEL NO. 125155 0715 H, DATED 02-19 14, AFID FOUND THE SUBJECT PROPERT) APPEARS TO LIE IN BOTH ZON X, & NINE AE_ ZONE X AREA OF 0.2% CHANCE FLOOD. ZONE AEA A OF 1A MNUAL CHANCE FL/OD (100 YEAR FLOOD) WITH A BFE OF 6' NAVD 68. THE SURVEYOR MAKES NO CUARANTEES AS TO THE ABOVE INFORMATION. PLEASE CONTACT THE LOCAL F.E.M.A. AGENT FOR VERIFICATION. BEARING BA S11; BEARINGS SHCWNII HERED41 ARE BASED 011 THE 1ENTORLINE OF 8AYFTELD HARBOR LANE BRING S21'20'48'E, PER PLAT. ;FIFLC DATE:( 11-27-17 SCALE: 1 - 30 FEET APPN-IVED BY: JB JCBNE. 5052401 LILT 3C DR, WN a] k JL 1 FNAL 111 -24 -SB 1141 1 FORMBOARD 11 -FO -17 AAW A511R AM EFZ'ICAN SU F2VEY INC - 8, MAPPING INC. OERIFRIA111N (IF AUTICRI2AICN IIULIER 1-13,#6393 3191 til, GUIRE Oil ULEILIRD, SLATE 2110 ORLAIIDC, FLORIDA 32863 (417) 426-7979 WWW A MERIDA l ISURVEI INCA I ID614 PPINC .C(I I I 0 CRAPHI4 KALE II 19 ]'0 O SET NAIL AND OEIC LB 16393 ® SIT 1/2" IRON ROD ANI CAP U #6393 A/\ FDVNO NAIL AND DES( u J724f O FOUNT) 1,12' IRON RIO ANO CAP LB 072, 0 (P) PER PU T Pd FiliNT OF CURV) TURE PCC POINT OF OOIIPDONC C11RVF PCP PERW NENT (INTRO1 POINT PI POINT OF PITFRSICIION PK IARKEN KALON PON I DINT CN 1URVE POL POINT ON LINE PRC PANT IF REVERSE CURvIA.TURE PRM PERMAI ENT REFENENCE MCNUMENT PSM PROFESSIC N,IL SURVI IIOR AND MAPPER PT PANT OF TANGENCY SI. FT. JOUANE FEET 5,11 11DENIALK TYP TYPICL FPL FUIRIO.I PCW 9 L CHT( LB LINDSC.IPE BUFFER (M) IIEA SURED I HEREBY CERTIFY, TH.I T THIS 51IRIA Y. SUBJECT TC THE SURVEYOR'S NOTES COlITAIIIEO HEREON MEETS THE APPLICABLE "MINIMUM TECHNICAL STANDARDS" SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE PURSUANT TO CHAPTER 472.027. FLORIDA STATUTES. 0 igbally signed by James 4 I Ooleman *`t"•" �a I L N: cn=Janles W lIoleman. �'•`utiti_4 ,. .;rl o=American Sun eyingA 6! (lapping. cu, -I. "•'• ° f a er ail=jboieman®asmco%orat •.•' FOR 0 Ate: 2018.01.2614:18A16 TIRE '05'00' RRI ,ANE9 4. 801.1W N PIM# 11445 DATE TO IS BCLIIIDA RY d .1S-RUI1_TI 911.1Wl 19 NOT IM LID WTHOLIT THE ALITHENTIO ELEOTRONIC SEGNATURE .IND THA AUTHE11TI11 ELEOT1110110 SEAL ON A FLINIJA LICENSED SURVEYOR AND MAPPER. .. r `- • 'z «r r F#F , f "°-�°'� �' " •�r ?�y� t`� �w•r _ 'yam T � :-1�E' w Mlw. _ 4 w IL IL 06 IL a ay, �t. y.. is - � - ti � + �' i fi � -` �h _ '/5 Y� -•r,M1 - _ - '=Y a � t ` j'y �_ i �t�..� .,. 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'� r Yffi \h, �` /;� � 1,'a �'t �J,''f7 ! � �.,� � ,�I `M1, + jl} Fil � iTyM.'. � ��.' � _ i . �1'',/�` w` t>� �� •�J-rw... � q r zrrfJ»`,1 tF y,� Ci . I e..i �u+/_�' 14i =�'9�: v. r. • ��.sti4 �k �li I •r •� 1 �- �r'� % .x� � 7 'i. i. 1 _ a '� if 4 r✓ I ' W' i 1 ����� �+ '� ' %>t �^� �• J Y -r.'j ? z. .� �`� '.� I/'�.5� � i '� 'K� Y � �+�e 41,� fj ' r ` ,`Igt; a C+�� �d '�� '., u ��� � " •I I i� 411 i M E%w Apnil 11, ACI1 EI CH y all EdgewatEir Planning & DevelQpmet 4LI jO -"�b&L4 ;rrLX2,7q Y To Whom it Ma Concern, ��1 l WO appreciate youn tirriE1 today to addrEiss oun nequEist Ion a Fence VallianCEI 11or ( ft solid `v inyl Fence. We anEi requesting t I is sl YIEi and height of fencE1 11011 sEIVEina I neasons : 1. "e intEin d to put in a pool. :I. RivEin is visiblEi by all nivEinfnont horrlElOwnElns on Elayfield F a rbon Dniv Ei wit h a E It solid panEil lienae. SEie photos. Lat is :183 feel Icing and nEiighbors lass ane similari in size. 98Ei Plat. 4. \ e woUld like some privacy on oun palio since OUr homes are 9a close togEithEin. 7h( ne is 10.5 sleet bEitweEin tr Ei homes. 5. Fisherman's Clov a has -1 (1 + residents wit h same stYIEi & hEiight of fEincE1. t . Allawa ble by HOA. -shank you for consideration to oun nequEisl. Since ely, Kim & Tim FENCES All FENCES sh211 be greeted vvith the III-NISIHED SIDE C L Y ( GOOD SIDE CIS TI) All BENCE S JoVated cin a ccirner laid must conform to the sight trisingle requirements. Citi Ciidinance 211-38.03ijd:. The mai irriurn allowabla heie-i of all fence' lc)aatec in the fund yard selbaclds anc riiven fnani lais of nasidenAal praplerty r.1at sl:lljec,l la siva pllanl review Mall be ikiun feet 114'). Henlads located in iflase areas must be nion- aplaqua (150% visibilit)). Re rr.a?irrlurri allowable heigl.'l of all other fanlces in re9icential aro-as shall be six feel ild') including sica corner ]ants arc rreet the silo tnianglla requirlemer.-is. Jix I16') foor fences on lice comer lois shall be satbacR 'len heel (110') from 1he p1raplert3l line. In aarrimercial anc indusirial alieas na ferllaa shall axceec len feel 1110" feat in height unless &erwise apprl'cived as part of a develaplmer.rl pilar and meet i Ha sit a tllianglla j equiren ianll s. T11 e filling) a ii bernaing cif pnopertyl 'alely Jor the plu rpos a cif a r eai ingl a barrier, th a emceed] . hay heighl i equirerr encs contained ha r ein is pi ohibil ec . ]IT ISI THE AFF1111CANT9 R1RS1PCNf111E111I1.11TY TC VIERIIFIN THAT H11ACDMENT CC MPLIEJ WITH ANY EA9DMENT9, RINTRI'ICTICINS, RIESERIVA TIC NJ, RITC HIT OF WAYS; EITHIHRI F IRCC IRE ED, PIRIIIVIATE, A NWORI MERE AL. I HAVE READ A N U FL LLY UN-DERSITA N U THE ABC VE ST'.A TBMENTIS: Suilclin E tlepa rtmn n t P.O. Bdx 100 • Ed Ilek a to r, 31 33 171-0100 (786) 42,1-3400 Ex . 1-11 . Man (38 6) 42� -3473' f U iu.iw.ciq lnfedgf wi U nong :t'ssl CONI`= Mia h ale Bragg, Pre9ident Fi9hermon's Cove a f ; E Volk sien Clounty HCIA, Inc. 163 Hishermans Cla � a 0 r. Edgewater, H i I 7 14-1105 201-141 -( 8 59 mbbrag.q@g"aiil.com 11" a fl)l SI acoaici l im Rocl t t irn ,Id91 E oyfielcI FIarbor I n Mclgevw ater, AI 32141 April 10, 2018 Dear'lim & Kirn, llrifanuria tely, I will not be able to attend the council meeting regarding your request for at variance regording tt a fence )Iou want to put on dour props rt)I. I can pro aide ya a with it a information that may be ria eded to grant your reds test. Per a Lir Aist ern an's Cla %ie HCIA of Southeast VOILISia County Flon eovtnars Association, Inc. Da eL rna nts, to na as are allowed per Article )I Use I estrictia ns, Section 1 it Alterations and Fences on page 42 (see ease rpt beta v ). section 11 AITERA'i'ION"i AND FRNI[IM. Any materia alteration to the improvements an ary Z.ot on any ihnce placed ugon any Lot rzurt t:e apllnavetl by the ACE, as pnovid+id in ArEcle VIRI 1_clef � prion to insta lation, inaludIng tlyd iustal'ailan oi'any metal zoof; on pa reties. 181xcept v heu a grcuWn 1ho a haigl t is nr quires b,I VolLI:ti2 County on l..y tha Florkla iluiidirtg [lode, oto wYte picl et ill riuc i no talett tI an thla (3) 9eet in height ahall ba- alploved by tlla ACi3, whethe,i suah feriea is 110ustrucW oil PVC, mood, cr ather camllaratle niateairi_ Niktwitl:stand in- tile fozegloing, swimming pool and spa Ann, musi I a at lea: Four (4) feet in blight. U a Owner as9umea cumpltti responsit ility Io maintain the fence. hl the c vent II a BICE' ZPflrovt the instal atior of a ti nee, it stall, als( have tho right to sequin inntallaEon of landscapinb, a so subject to the ACM al p,ioi al, at dirt tial a the ibncc 6 insta led. Although no amendments hove yet been made to our documents, fences six (6) feet in height are also allowed and is now the norm in our HOA. Prior to HOA turnover, the developer allowed six-foot fences to be installed and we continued this practice after turnover at the end of October 2017. If the Cit)l of Edgewater needs more in €a rrrrn a tic n or adc Ira sses of homes in our F ICIA tt at currently have si t -foot fen ces, pla ase la t rn a k now a n d i can sL pply that infa rrr atia n. I incerei% h. thele 9. E raggl, Presi Aisherman's Co, to a f Sou est VOIc sic Counts,) Ha rr a a sntn ers Association, Inc. 491 r5 Jp x: I li Pr rti -v I 0 tax. �c��- 7,, o�Sd wffiC`, F�'iji't'< \04 11 itsl'1 �" n Q nrCP a'r°� o L1 Z YwjlaZo F LU S'�a°rt5 LLJ 4` n Y f' 31 noN 07• r k'->,tJk1i" �:4a w �� a � r � ��J �o f� r ` or r �i C �y ul LLJ fy— F 1� G.1 i z Yi_C4 r � 7CW70 = p Qr, r �WWw xa V7 U 0. tl Ido Z of NU j 1 t L ¢u}o gFiR�r"n46ycls=zbrq 01 t mc°i 4 R� 10�91�_- Mt.QQ�4<4�a 1 71 =.1 M?CI W O�oiS "N W r, a,< u U F- S1�I qy 11 za�a!$'w >— LA ppm' i'sW O LQ -I Vol2g.�a dlm Q c 4 Li elm.. 4 ry0p d O 0 m xs ia: a r� +� 3 7✓ �;Ocp M -n � a ,a 11.1 - 41,1 ii J r`. to-' ~' _ i 0 c 4 a s it �0�. 3 '' w 5•ro ,je �•- is pl H O � �7 1 �� CL Ts 3 r M c"i 11 i ' ii R :' p,\Y" •�'� �,� d 9Y, i 2�rr�.i (.\�(fSi,i1 �9 R`GSS{}a1 �y�•a'(it r'ii.�;�uaf 8.! Nva °�.y� am;i p\t� s•d[51LLJ aa/��j a. 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V JOB I OCA71a P I: CITY, S TA T9 A ND 211P CODE: I L CONTACT: HOME A r I4 PIE: BUSINESS PHONE:�, CELL PHONE: ski: WE HEREBY SUBMIT SPECIFICATIONS AND E ESTIMATES FOR: f �� � �I 'Il � � . .............................. .. � � . ..... .................................................... ... ...................................................................................................................................,.......... .......t�SC........as....`'....-[................f..U.S.s... . 0C .................. fi-T....... G..>1.. 6--.?.- ..........(•-............................................................................................ ..... ......`...:..1.r'......' ..F;.,/,, ,II•�•..K+r.......L,r..L. :.r�.� [/.. .-...... ...�..f.. '�..........L. •.././.... ..! .,r�.�.�.. 1•.1 ./. .......1/..L................................................................. PVC IIIN'IL �- ; t/�i� ALUMINUM WOOD /' CHAIN I INK STYLE= STYLE= 9TY19' GALV. BLAC GREEN HEIIGH'V �j FIElalFIII= HEIGHT= HEIGHT= COLOR= / N / COLOR= PICKS= RESD. &TCOM COMM Ra9T= �I aRADA= RUIIFIRR9= } TERMIN *S CAPS= r CAPS= POST=, ( LfN OST`.. WALK GATE�� � G� ✓ %� WA L I I GA = GATE P $T= P Roll = RQLIBI R GATFDOUB �QATR= W ATE= FABRIC= T GAIE= ~� GATE= GATE= B 4 TT4 NI T-WIF EI= PI EA9B REAQ: WOOD A9NC3 HAS,/A YEAR MAP IL FM O TURA VAARRANTY AGAINST ROiI, DRC:A`'I AND WALK (IA1E1= IARMITAS. 1AA R RANT)1'DOAS 110-11 O1 OR V1ARf ING, SPI IT11ING OR CRACKIP IG OF ANY POR -LION O R "IFIE DOUBLE GATE= V IOU 0 NANCE, DAVE'S NEINCE R ECOMMENDII AF'F`I YING A WAI TEA F ROOFINU SAA.WIT TO F19LA RAIy LICE CCJ MA71C FIIAWS IN WOOD F RODUCIS. GATE= GENERAL INSTALLATION INFORMATION: IOCA TO41 PERti1T- l L CLEAIRIP CI- CIUST. INITIAL DRAWING- S SUR'VEN- �[.(J TAKE DOWN- GRADE CHAIPICIAS- s CROSS ST.- HAULAWAY- SES ERIT)1- t�' S vI H.O.A. APPRCI\�pIL- � L T� S S IRRIGATION SYSTEM l aCIATICIN OF GRADE CHANGE- N N.O.CI.- DOGZ2 SIZE/—FENCE STRAIGHT ON TOP- AEQUESIIEO INSTAL I_AVON DA' E: FENCIE CIONTOUR TCI GROUND- S AL L F III IEMfAL IS QUA RANIEIIEI 10 E E S A SCI FIEA . A LL W(I Rl 116 1 E Q C MI LATaD IN 9 UE Sid N11AL -10E1 WON hIIAANLI118hIAIINERAC1CRAINal RCI RCATION33UIN1TTUDPRR9IAP IDARDPRAA1114EE. INSTAII_LPITICIPI DATE; I,-, ANYALIERAllaNQR 0E�IIATICNAI(IMASO%11SRI E(II1111IIOPISIN1101VINQ E)ITRAC03TE WILI AE 1)11CUIEGQNIYUFONWRITIEIIORDIRI,ANOWILL ER0OMAANE}ITRACIIARQEOsIE1AINIDAEO',IE BASE PRICE= , iFl■ 1911MATA. AL 1 h IA I fiA IA LS A BMA II 11HA AROABA TI O R C XA11 ABI IC A UI ITIL Ca r+11RA0 T 19 RAID INNut 1.RI4HTOFIICaBISAPIOREPIaVA1ISHEREBY GRANIE01NTIRRVRNIaFNON 111A11M1PIIAS PEFINIT + AQR1BA.rIOTRRSAONSIRLBRONDAMAQSTO UIIOARGACUIIO LINES IHATCANIICITBEIOVIEO. N.O.C. i AQCORDING 10 RI ORIDA'a COPISIRUC' IOP I IAN LAW (910110119 113,001-713.37, 1LORIAA cu IlA1L11B1), Ilia SRWHO WORFIOrIYOURRAOPRRTYCRRROVIOEKIAI1RIA1SING ARMINCIMAID TCITAILPRICE= , IPIILIILHAVA4 RIGH110EINAOAQEIIIBIR CLIIMROA PA'INIErITAGA Ir191'IaUA PRCPRRTY.1HIS RETAIINER- CLI IM ISHIIIGWNISACONSIRLICIIOHIINN. III'IQURCONTRAQTaRaRAEUECONTRAQTORRLIIIS 10 RAY ILIIaCCI1ACIORS, ; UA-COPIIRAOTOR,1 OR NIAIERIAL 9UARIIRR: OR N1018CII 10 MA 0"IHIIR LAGAL ['I RRQI IIRAD RA YMEI NIS, IHR 1RORL8 W1 IC A RA OWN h IG NE.1Y A IA :I LOCI, 110 BALANCIE DUE URC1N CICIN F11 ATICIP ' 10 UR RAa PARTY ROR PA'IMEtIT, IIV1N IR 11011 FIA VA W 10 Ya LIN 0 O IIRACI IN AUL I . IR 11041 FA IL 110 1A51 YO LIR (IO111RACIOR, 'JOUR COPITRAOTO R MAY A I SO HAV1 A L1811 C N 110118 PR 01RRTl. ONCE PROPOSAI 19 AAOBPTAA BY MANAGEMHNT Al DA`:VA'3 7Fll: MINI NS !F)I LIEN I: RILRD 110118 PROPEIRTY QOULO Ell SOLA A(IIIAIPIS1YaUA WILL 110 RAY AC R L1 SO FI, HAIER IA L9, OR OTHER SRR1110 EI TFIAII )IOUP Q ONJ RAC -101 OR A Sl SCO NIRAQ IC ft MAY FIMIN RA IL10 *U 1A1L TO PRaTEICII'IG UASILR, YOU IFIOI ILa SIMULAIA III THII CONTRAQII 13INCIi TF IBI PRCPOSAI- BECOMHS A. BINDIPI(I Q,(1111RACTAND 19 "FIAT BERORB 1 N) IAA1'IMENT II 61Aa8 )10118 C01,IIRAQTaR LE RBQUTABD IO R1aV01 YOLI WI1H NCT 9UBJEIOT7O CANGEI LA710N. A WR IT1811 R EL IA -18 0 R LIAN FiRa NI A NY R1RSa N OR CO A IRA N' I TFIAII HAI PROVIDIC 10 ' IOU A "r IOTICR 1O 0 Wh1ER." RLOR IDA'E (1011918 UQTIG N LIEI I LAW IS COP IRI S) A ND A I: R EIC MMIINDRD THIS PRCIIRC)ISAI NAfY BA WITHORAWN 9Y DANA'S 1FIATWIIBNRVRRASAEQIIICPR4BL1M1IARISES, YO(IQONIUCIANATT0RIIBY. AaCRPIANCEI OR PROPaSAL-TF18 ABOV1 RRECRS, SREQIAICAIIOIIS ANO COIDIII(IM ARE IAIIIFVCIOR)IAIIOARM IIBRRBIIACO8ATEID.Yal1ARE1AUIHQRIAEG 10001H3WORKSREQ11110. HENCE IF NOTACCEPTED HIN DAY IAI IMEP IT WII LOS f IA DB A S 01 1111 11 1 8D AB ON IS rIICIN Al1UAE DAPI E CICIN"PAINY ,IICIN A-RURE DAPI E REF FREIE N IIATIV �% P WHITE: 01MICE COPY / YEI_I_.OVI: CUs TOMER COPY / P INK: a TIMATOIR eopy {il Sanlold ���' A• VMjy P.A STA TE CIN FI ORIDA VOLT IS IA COUNTY k: sFIRO, I;CT ,.� •*-'LCCATION 714 y; C Fid rns rr � �eoti 01 W ArmtRd t FiA Clan I t W LOCATION MAR 6 SEC -MON 38, TOWN SIH IP 18 SOU -IH, RANGE 35 EAIST Em irorlm,enta] FISHERMAN" S COME Servicies, Ina. Lclt 30 & 31, Balyfidd Harldcr Lane 1901 SWI Yelle Mnail Avenue Lcic ation MaIF Poll St. Lucie, FII Tel G 72)215She F t 1 of 6 13991 j,. N.'D,S. ,id Bl DUS By CMB July 2014 9 10' DOCIK SE1i101 i . rABC VENI^1A " - 1§181E SIMEIE7 6 FOF DETA0.SII, -�' Bill LP" 4'W t7E SIH AFI EO DOPCK ACICESSI f` �yDREa.:hE I 2 �4 .�. i Jr Mn' ar I NOTE 4: — 1. BF THYMETRIC It RVBY DATED 5/6114 PRCIV DSD BY BASE 1 INE SURVEYORS. 2 EI EVATION DATUN IS N LW 4 ' 00 L N LW = -0.84 NAVD, MHW = -0.44 NAVD. 00 GRAMa SCIALH: Y'= = IOU E nvirann- ®ntal FISHERMAN'S COVE Scale z- = IW servicmi, Inc. Lot 310 & 311, HaiN eld Harbor Lame D "DLA 1901 SW Iellowtafl Alvenut A erlal Dn an E3c CIb18 Poi Si. uu5la. 91 She el 2 of 6 `" llet (11, M215- 3991 iu1K 2014 I t ♦ \ x•12:97`♦ �� / 170a95a95 t . `k\s2.09 ♦ `. N:1641705.98 )k u ` e E:702548.17 P :)%im 8J'19 `♦ \ `♦ .34N ` \ ♦E1:709SK7f \ \ V)i20' `♦♦P!'68i1�191�i1 "`;>j.B'i\ `\I PLATFCIFIM 0. '} ` ry `&•79z 2 \ \ Atjr ♦ `,,.Zeit ♦♦`� � ♦; \ 4' W 108 SF ARE13 ♦ k-7 n I]OCIKAIC ICIE;IS It.RBIDITY \if- ` CIURIASN " \ 1 ma 1 « r « P OTE9: 1. BATHYMETRIC 91. RVEY DATED 516114 PROVIDED BY BASE I INE SURVE YORS. 2. EI EVATICIN DATUN IS N I W N LW -0.84 NAVD, MHW = -0.44 NAVD. 3. PRCIPCISED DOCK STRUDTI IRE TOTALS 1,5: 2 s.f. (DOBS NCIT INCLUDE UPLAP D RAMP). 4, NOORINGI AsEAs TCI HAVE OPTION/W BCIAT L FIS. BOAT LIFTS WIU BE I OCIATED ENTIRE I Y WITHIN THE DESIGNATED N OQRINCI AF EA. 5. M CIORIf IG AREA 912E IV )i ]e' (e)a.) 6. VESSELS WILL MAINTAIN 0.:' OF CLEARANCE 9RCTu THE DEEPEST DRAFli CIF THE V99 9 9L TO THE SUBSTRATE. U nvironmentall S)rvlices, I nc. 1901 SW Yellowtail ilttenue Port 91. Ll uc te, FL Tat (772)215-3997 0 25 50 ](I GRAPO C SCALE: '1 " = 501' BISHERMAN'S CC VIE Laid 30 & 31, Bayfield Harbor Lane Pirepased Rain Miew Shec tl 3 cf 6 "=50' Drawn By CMB 2014 50' DOCIK SEMICIN 7 ABCIVE MFW (SEE SHEET 6 FC R r DILAII S) �tiC • r 50.1 SHOT EI IMF r FS AIPPRO)IMAME N EAIN • • r FIGF VAATERIINE r� • s r 3.���S r Al LF 9HQRELIPIB « « r I r r • r�0���`G r 1 ma 1 « r « P OTE9: 1. BATHYMETRIC 91. RVEY DATED 516114 PROVIDED BY BASE I INE SURVE YORS. 2. EI EVATICIN DATUN IS N I W N LW -0.84 NAVD, MHW = -0.44 NAVD. 3. PRCIPCISED DOCK STRUDTI IRE TOTALS 1,5: 2 s.f. (DOBS NCIT INCLUDE UPLAP D RAMP). 4, NOORINGI AsEAs TCI HAVE OPTION/W BCIAT L FIS. BOAT LIFTS WIU BE I OCIATED ENTIRE I Y WITHIN THE DESIGNATED N OQRINCI AF EA. 5. M CIORIf IG AREA 912E IV )i ]e' (e)a.) 6. VESSELS WILL MAINTAIN 0.:' OF CLEARANCE 9RCTu THE DEEPEST DRAFli CIF THE V99 9 9L TO THE SUBSTRATE. U nvironmentall S)rvlices, I nc. 1901 SW Yellowtail ilttenue Port 91. Ll uc te, FL Tat (772)215-3997 0 25 50 ](I GRAPO C SCALE: '1 " = 501' BISHERMAN'S CC VIE Laid 30 & 31, Bayfield Harbor Lane Pirepased Rain Miew Shec tl 3 cf 6 "=50' Drawn By CMB 2014 HOFIE HAINORAILS BCI7H SIDES OF AICA 2' x 8' DECIH BCIAR3S' 1 /2' SFV (1) 8/8' Ss BOLI (T)IF) 2" x 8' P 7 STRIN 2" x 8' P.I. CROS, d' IVH" ML%A NCITES: 1. ELEVAMUN DARLIAI IS MI W M LNI -41.811 M VD, h HN - 4A4 NAVD. O 1 2. PILL DCCK PIL INCIS TCI BE WRAPPED IN INDUSTRY STANDAF 0. INERT, NCIN-LEACHING, SYNTHETIC MAITHRIAL. 3. RAPE HANDFA II (MIP. 1.51 DIAAIE7BR) ALaNU BCITH SIDES GF ACCESS WITH 'NO MOGRiNG' 9 KINS. GRAAHICI SCAL E: 1 "" = 2' Scale fs In Environmuniall ]R SIHEMMAN'S CC VIE r=, Sal uicus, Inc. Lot A & 31, Bayfield Harbor Lane �S'g° DSS 1901SWIYellowtailAvenue Deck Access Cnaiss Slectli®in Vie` Brawn By Port S1. Uucie, FL Dace Tel (772)715-3997 Sheet 4 of 6 My 2014 NCITSS: 'I. ELEVATION DATIIN IS NLNI N Lw = 4.8I NAVD, N Hw = 4.44 NAVD. 0 1 2 4 2. ALL DOAK PIl ING9 TCI BE WRAPPED IN INDL 31R S7ANDAFID, INERT, NON-LEACHING, SYNTHETIC MATBRIA1. 3. VESSELS NIILI MAINTAIN OXCIF Cl EARAPICE FRON THE DEEPEST DRAFII CIF THE VESSEL 7CIva SUBSTRATE. GRAPHICI SCIALE: 1 ° = T Environmental FISIHER MA N' SI C®VE $e�'e 1�� _,. �.?eivices, I nc. Lot 3101 & 311, HaMrield Hairbor LLaineDes'PneDli CC9 1f 01 SWllellowtallAlvenw Plaitlfurm Cress Slecticln Miew Drawn By Poit SI. Uucde, FL l139 el (772)21597 SIN et 51 cif 6 Date Iuly :,(Y4 I NA- HIINUTA I li -- -- H II d I I I MATCHLINE 6 _ II I �I V.I z I C; I O I I LL I Q j I 4"I 3 I 1E W z Oa I 3 a ww II zQ O CI i fl 3hI7NIW CCd �I R II I� e z I 5 NW"I Y W I N UU C O CII II II a ca Ul)in o Q II I O t` ILL I 0 H 11 LLJ I N I So Q I II z c I Ij g L II u Alli i 3 II Ij �I II I I a i l M 4 sl � I N I II I I I MATCHI.INEH I II I II I z p- MAIN HI INE A _W I 04 CII d I F� O ix a �I I F- m U h Nors s: -- -- - - - 1. BL EVATION DATUN IS N LW N LW = -0.84 NAVD, MHW : -0.44 NAVD. 0 10 20 40 2 AUL DOCK PII INGS 10 88 WRAPPED IN ItIDUSTRY 97ANDARD, INERT, NCIN-LEACHINCI, SYNTHETIC W TERIAL 3. RCIPE HANDRAIL (M IN. 1.5- DIAMETER) ALCING U OTH 3IDES CIN ACCESS Wn IFI -NO M CIORING' SIGNS. GR: F&MI SGALIE: , " =26' nvirclrlrr elntal FISHERMAN'S COVE Scale i.. = 20' Serivicu44 I nc. Lot 3101 & 311, Ha3ifield Harbor Laine �5'�"eD113 14 01 SW 1lellowta it Alvem Overall Cross Section Vie Nm Drawn PCMB Port SI. Uucle, rIL yy Daze 'Bel (772)21513997 Slhe et 6 of 6 JuIv 2014 F P i 1 0O I �i ' 7' x 25'BOAT :ILID (Tyr.) �L rx 20 _ ' . . o o---Naln£jrcves Pt�TFISRIA �'p . - - H.kdu E oars ►il 4' W DE SHAIRED DOC K x��• WCCE38 'LCI .. I. h�kxiJlG 11lt! 0'_3%-7%o go VICO vo �a 46 NCITE: 1, RESCIURa B SURVE Y PERFCIRNED BY DI S ENVIRU IN ENTAII SERVICES CIM 5MV, 4 `10 400 2001 GRAHMCI SCIALH: V = I0(I' Envirarin'®ntal FISHI]RMAN'S COVE I"r.1�J0 Services, Inc. Lot 310 & 311, Baayfidd Harbor Laine �"`'�bu9 Yellowtail Alvenua �''xr Ba 1901 SW Resource r ce Su r �e y Por Si. Lucia, RL "kl (71 V215 M7 Exhibit ] FA Jul- '2014 ]Rbiherman's Come HOA Aralutectura: Rleclue3l Appliclaf.an Ile: Ara hit ectun 1 Clommitted c/o Pinnae le Aalsociat on Manage me ret, LLCI Managj ng Algcnl : 43 9 S. M onl e : t #3 Ormonc I Heac4 HL 33174 Mrorn: Pi op � Idd nay D r155 Iil the space p iovided beta w, please provide a detailed c Iescri)ttion of the pzopozed impza ven ent g hate =het the ile llc wing) information: TRm pxq osed imprc va ma rel drE Iva to scale on a copy oil the )I lot plan i o Mazy ufadim z's cut sl eat phe -Io with description of the a onstrua tion materials yi a int end to use G Maz ufacturei's colo i sample: C Beta -led bids from license ca nu ac ora who will be (I oing tha we rk C Cloz traa tc i's licem a and insum ce El An tia ipa ted da Ie a f comrrmca me nt and compllet on 0 doll y of an a pll rove( bui lding permit an d zoning permid, if applicat le TO THE AkEUCANT: F la a ,i( t eatd aim ful y a nd sign b the sp as a pre vide( bele w. l unc ler tared the rule s concerning the props sed in4poirmcret. 71iia implovemen I in no wa3lencroacl e: ullon preservation on cansmatkia emama nt , my naigbl oz's pzopert3 a r anJ1 Fisherman's Clove a r comic n area. l agrge to abide by the Tula s a f 1ha A:Isociiationpertainitgia impnavementsanclwilIba salelyliallelaTmallonnstruet'onormaintenancaofthis imWoitement 1 agree to of taitl al naeessarylicem es andla r builditlgpermitl, and to meet a i requv cnients lbr t uildir Ig node; and moningl oidir antes. I understand th i it is the Aa ch' I estural C la nvmi ttee's clecisia n tc agpzove the appl'ca tion oz not aid l aglea iI o abide l y iU deeisia t. Finally, l ani aware that l am j equirld to cummance and a ompllete this impro`iemc nt within six (1d) month oil the appz oval, o i the approval wi] 1 l ecome nu 1 and va id. 1 a cknomiilec ge FIo 'dal State lavm 3iequines me to -call',' unshine" 48 hom-u pric r -lo digging o Plantipg- I i atura: ]tai( -.cQ/ [t4 Nviewei By. i x.� ° • C We% Approved: �`� _ Deniec Comnwntl:� '-L} ctr'lci C-.,Ql1l> W a r r P-�,';o ��l_4: CL.I�, c Les7, J. l�I��A'Ji .tc1�4,C �L:�><., c�rla �,kc Jctt�;� j t *' E•i`'I.`I1E� etc%� C� I�.id . I m� -At $A ;F- �ztr ol. z.7- _ g rJ - � °1► A• AVE S a d s ;r c. "0 1 Ili os. �! a m: a s a ci p a to N moi. 1'1Z it 0 YM. - a Z z n U? rQ ,JQ� �3" t _z� U) N o c s� p �.ci �r�,�� aN 'A U] cn _ n a z en h� rte- s y o �i i Dm m EDS d -h = = �' t- �.(ao _ •� '�' - aba#' 1 _ � ;r ` .?- : • � ' �Z' ina 7 � s Z �_ z r• 1101 z ` x o PT - VI z D z [! C O ro i 41 _- H.. _ -! a File #: VA -1810, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: VA -1810 - Fredrick Peters requesting a variance from the Land Development Code for property located at 203 Eaton Road. OWNER: Fredrick Peters REQUESTED ACTION: Approval to allow a six (6) foot fence to be located along the side -corner property line in lieu of the required 10 -foot setback per Section 21-38.02(d). LOCATION: 203 Eaton Road AREA: 90'x 102' PROPOSED USE: Addition of a six (6) foot fence CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-3 (Single Family Residential) VOTING DISTRICT: 1 SURROUNDING AREA: Background: The subject property is located at the corner of Eaton Road and Edgewater Drive. A single family residence was constructed in 1973. If approved, the applicant has agreed to construct the fence even with the front setback of the house therefore said fence will be outside of the 25 -foot site visibility triangle. Land Use Compatibility: The additional of a fence is compatible with the neighboring residences and would act as a buffer from the adjacent commercial properties. Adequate Public Facilities: N/A Comprehensive Plan Consistency: N/A RECOMMENDED ACTION Motion to approve VA -1810 City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM Current Land Use FL UM Designation Zoning District North Music School Commercial B-3 (Highway Commercial) East Church Commercial B-3 (Highway Commercial) South lSingle Family Residence Low Density Residential R-3 (Single Family Residential) West ISingle Family Residence Low Density Residential R-3 (Single Family Residential) Background: The subject property is located at the corner of Eaton Road and Edgewater Drive. A single family residence was constructed in 1973. If approved, the applicant has agreed to construct the fence even with the front setback of the house therefore said fence will be outside of the 25 -foot site visibility triangle. Land Use Compatibility: The additional of a fence is compatible with the neighboring residences and would act as a buffer from the adjacent commercial properties. Adequate Public Facilities: N/A Comprehensive Plan Consistency: N/A RECOMMENDED ACTION Motion to approve VA -1810 City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM File M VA -1810, Version: 1 City of Edgewater Page 2 of 2 Printed on 5/4/2018 powered by LegistarTM a.**or Pie EM Oe�Maio% 0 0 c� O ea�O< Ga��ro Rhode Island St Coquina Dr o � N Hardin PI to O' J 9L \ Wolfs Driftwood Cir �a�or�d M M 0 M ML W m CL to M = Virginia o St �t EDGEWATER 0 el ®Subject Property ° 0' r. Date: 4/30/2018 O A Q^ CITY OF EDGEWATER BUILDING DEPAR'IMBI'l11 124 Nord 1 ivarakla Drive Erlgey lata r, I'lloricla 12131 R'hara: (186) 4:14-1404 X 1514 RAX: (316) 44-2413 ALI.Cl7 )F I<IATV PROPERTY ADDRESS: 7 C THIS FORIV IS INiTHrti! r _ 1 , r. r AM y491 _ ,.. •Elow.. y - _ OL m - i _ t Eaton F . 40k Jay i Ad t c " ��z ' ` , err 9►a. � . AP s T Google Earth' 18 Google 4 1 1 4C • Vp y f A IL Y s y SA - -` - _ s L UO — i OL , a '�� a �d se � r ■ � - , ' _ i - ,� ,�+ I -, � - �. ;"► +� A r y Google Sari - - - - -- - .p fit @201;j Google File #: AN -1802, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: AN -1802 - D. Frank Wright, requesting annexation of 1.56± acres of land located at 190 William Street. OWNER: Eoghan N. Kelley REQUESTED ACTION: Recommendation to City Council for annexation. LOCATION: 190 William Street AREA: 1.56± acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Volusia County - Urban Low Intensity ZONING DISTRICT: Volusia County - R3W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Background: The subject property contains a single family residence constructed in 1995; there are no proposed changes at this time. An amendment to the Future Land Use and Zoning Maps shall occur simultaneously with the annexation. Land Use Compatibility: The existing single family residence is located within a residential neighborhood. Adequate Public Facilities: The property has access via William Street; a County maintained improved right-of-way. Potable water service is provided by Volusia County. City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM Current Land Use FLUMDesignation ZoningDistrict North Single Family Residence & Volusia County - Urban Low Volusia County - R3W (Urban Vacant Intensity Single Family Residential) East Single Family Residence Volusia County - Urban Low Volusia County - R3W (Urban Intensity Single Family Residential) South Single Family Residence Volusia County - Urban Low Volusia County - R3W (Urban Intensity Single Family Residential) West Single Family Residence Volusia County - Urban Loolusia County - R3W (Urban Intensity Single Family Residential) Background: The subject property contains a single family residence constructed in 1995; there are no proposed changes at this time. An amendment to the Future Land Use and Zoning Maps shall occur simultaneously with the annexation. Land Use Compatibility: The existing single family residence is located within a residential neighborhood. Adequate Public Facilities: The property has access via William Street; a County maintained improved right-of-way. Potable water service is provided by Volusia County. City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM File #: AN -1802, Version: 1 Comprehensive Plan Consistency: The subject property is located within the Interlocal Service Boundary Area approved by Volusia County in October 2015. Therefore, the proposed annexation meets Objective 1.8 and the subsequent policies of the Future Land Use Element. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for AN -1802. City of Edgewater Page 2 of 2 Printed on 5/4/2018 powered by LegistarTM �-r 100"- 0 as cwt I I� St 3 EDGEWATER ®Subject Property Go`e�a r gt Dr.I oaiaannois \ \ /� , 1� 1 ' I r� EDGEWATER Subject Property �a °°' .Sa W- 01 Micr s rp ration ©,01 r ital I b G •NE 01 )) Distrub n Or ace: D 511/2018 'k �_, Airbus if`¢ k + } • } � � { � $ T � - �. � �_ Y `- `% �� 4 'fir 4 � 1 • 1 - •'X �+ tea, -E� _ a � - .�' - - 1 s i f • - - w r w _ , r a IMP e ke IL INN �lit: s ,4 r _ r - , 4 _ Google AD.h File #: CPA -1803, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: CPA -1803 - D. Frank Wright, requesting an amendment to the Future Land Use Map to include 1.56± acres of land located at 190 William Street as Low Density Residential. OWNER: Eoghan N. Kelley REQUESTED ACTION: Recommendation to City Council for the amendment to the Future Land Use Map to include property as Low Density Residential. LOCATION: 190 William Street AREA: 1.56± acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Volusia County - Urban Low Intensity ZONING DISTRICT: Volusia County - R3W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Background: The subject property contains a single family residence constructed in 1995; there are no proposed changes at this time. Annexation and an amendment to the Zoning Map shall occur simultaneously with the Future Land Use Map amendment. Land Use Compatibility: The existing single family residence is located within a residential neighborhood. The proposed Future Land Use designation is comparable to the existing County designation and surrounding area. City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM Current Land Use FLUMDesignation ZoningDistrict North Single Family Residence & Volusia County - Urban Low Volusia County - R3W (Urban Vacant Intensity Single Family Residential) East Single Family Residence Volusia County - Urban Low Volusia County - R3W (Urban Intensity Single Family Residential) South Single Family Residence Volusia County - Urban Low Volusia County - R3W (Urban Intensity Single Family Residential) West Single Family Residence Volusia County - Urban Loo lusia County - R3W (Urban Intensity Single Family Residential) Background: The subject property contains a single family residence constructed in 1995; there are no proposed changes at this time. Annexation and an amendment to the Zoning Map shall occur simultaneously with the Future Land Use Map amendment. Land Use Compatibility: The existing single family residence is located within a residential neighborhood. The proposed Future Land Use designation is comparable to the existing County designation and surrounding area. City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM File #: CPA -1803, Version: 1 Adequate Public Facilities: The property has access via William Street; a County maintained improved right-of-way. Potable water service is provided by Volusia County. There are no proposed changes to the current use which would cause a need for an increase to existing public facilities. Comprehensive Plan Consistency: Volusia County Urban Low Intensity (ULI) - Areas for low density residential dwelling units with a range of two-tenths (0.2) to four (4) dwelling units per acre. In reviewing rezoning requests, the specific density will depend on locational factors, particularly compatibility with adjacent uses and availability of public facilities. This residential designation is generally characterized by single family type housing, e.g., single family detached and attached, cluster and zero lot line. This designation will allow existing agricultural zoning and uses to continue. City of Edgewater Low Density Residential - Allows for 1.0 to 4.0 dwelling units per net acre and permits single family type housing; a planned residential development with an associated PUD Agreement may permit different housing types, and would be reviewed on a case by case basis. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for CPA -1803. City of Edgewater Page 2 of 2 Printed on 5/4/2018 powered by LegistarTM �-r 100"- 0 as cwt I I� St 3 EDGEWATER ®Subject Property Go`e�a r gt Dr.I oaiaannois \ \ /� , 1� 1 ' I r� EDGEWATER Subject Property �a °°' .Sa W- 01 Micr s rp ration ©,01 r ital I b G •NE 01 )) Distrub n Or ace: D 511/2018 'k �_, Airbus if`¢ k + } • } � � { � $ T � - �. � �_ Y `- `% �� 4 'fir 4 � 1 • 1 - •'X �+ tea, -E� _ a � - .�' - - 1 s i f • - - w r w _ , r a IMP e ke IL INN �lit: s ,4 r _ r - , 4 _ Google AD.h Existing - Proposed PIS" sti \\ i Pyr gt Subject Property Parcel: 8538-08-00-0170 Current County Future Land Use: ULI - Urban Low Intensity f 0 7 _0 sk Subject Property Parcel: 8538-08-00-0170 Proposed City: Low Density Residential N File #: RZ-1803, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: RZ-1803 - D. Frank Wright, requesting an amendment to the Official Zoning Map to include 1.56+ acres of land located at 190 William Street as R-1 (Single Family Residential). OWNER: Eoghan N. Kelley REQUESTED ACTION: Recommendation to City Council for the amendment to the Official Zoning Map to include property as R-1 (Single Family Residential) LOCATION: 190 William Street AREA: 1.56± acres PROPOSED USE: Single Family Residence CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Volusia County - Urban Low Intensity ZONING DISTRICT: Volusia County - R3W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Background: The subject property contains a single family residence constructed in 1995; there are no proposed changes at this time. Annexation and an amendment to the Future Land Use Map shall occur simultaneously with the Zoning Map amendment. Land Use Compatibility: The existing single family residence is located within a residential neighborhood. The proposed Zoning designation is comparable with the nature of the existing properties in the area. City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM Current Land Use FLUMDesignation ZoningDistrict North Single Family Residence & Volusia County - Urban Low Volusia County - R3W (Urban Vacant Intensity Single Family Residential) East Single Family Residence Volusia County - Urban Low Volusia County - R3W (Urban Intensity Single Family Residential) South Single Family Residence Volusia County - Urban Low Volusia County - R3W (Urban Intensity Single Family Residential) West Single Family Residence Volusia County - Urban Loo lusia County - R3W (Urban Intensity Single Family Residential) Background: The subject property contains a single family residence constructed in 1995; there are no proposed changes at this time. Annexation and an amendment to the Future Land Use Map shall occur simultaneously with the Zoning Map amendment. Land Use Compatibility: The existing single family residence is located within a residential neighborhood. The proposed Zoning designation is comparable with the nature of the existing properties in the area. City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM File #: RZ-1803, Version: 1 Adequate Public Facilities: The property has access via William Street; a County maintained improved right-of-way. Potable water service is provided by Volusia County. There are no proposed changes to the current use which would cause a need for an increase to existing public facilities. Comprehensive Plan Consistency: Per Table III -1 the R-1 (Single Family Residential) Zoning designation is compatible with the proposed Low Density Residential Future Land Use designation. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for RZ-1803. City of Edgewater Page 2 of 2 Printed on 5/4/2018 powered by LegistarTM �-r 100"- 0 as cwt I I� St 3 EDGEWATER ®Subject Property Go`e�a r gt Dr.I oaiaannois \ \ /� , 1� 1 ' I r� EDGEWATER Subject Property �a °°' .Sa W- 01 Micr s rp ration ©,01 r ital I b G •NE 01 )) Distrub n Or ace: D 511/2018 'k �_, Airbus if`¢ k + } • } � � { � $ T � - �. � �_ Y `- `% �� 4 'fir 4 � 1 • 1 - •'X �+ tea, -E� _ a � - .�' - - 1 s i f • - - w r w _ , r a IMP e ke IL INN �lit: s ,4 r _ r - , 4 _ Google AD.h Proposed ti �PsrS, ---\ 7 co sk Subject Property Parcel: 8538-08-00-0170 Proposed City Zoning: R1 - Single Family Residential to EDGE4VATER Zonln9 �Hgric— og2-Nei9hbo —Business XB3-Higway Commercial oRl Transitiona DRi1 RRural - Single Family Resitlengal11-Light �gp-Touns�Commercial lntlushial oR2- Single Family Resitlential =12 -Heavy lntlus�nal Single Family Resitlential �I MultiFamily Resitlential IPUD - Intlus�nal Planne0 Unit Development =R QRS- Mu, Family Resitlential =R -Recreation =P/SP-Poblic/Semi-Poblic PUD-Resitlential Plannetl Unit Development 0RP- Resitlential Professional oC -Conservation �MPUD -M-d Use Plannetl Unit Development �MH1 - Mobile Home P- arkMH2Manof,—d m H2 M—f,—dHome o Retains County Zoning Dr. Data: 5/1/2018 to File #: SD -1701, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: SD -1701 - Woodbridge Lakes at Edgewater, LC requesting preliminary plat approval for the Woodbridge Lakes subdivision. OWNER: Woodbridge Lakes, LC REQUESTED ACTION: Recommendation to City Council for preliminary plat approval of a 103 -unit single family residential subdivision. LOCATION: South of 301 Street, between San Remo and Indian River Elementary School. AREA: 301 acres PROPOSED USE: Single Family Residential CURRENT LAND USE: Vacant FLUM DESIGNATION: Medium Density Residential ZONING DISTRICT: RPUD (Residential Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Background: The subject property is proposed for a 103 -unit single family residential subdivision. An RPUD Agreement was approved by Council on May 1, 2017 and subsequently amended to allow additional building and impervious coverage on May 7, 2018. The Technical Review Committee has reviewed the preliminary plat and construction plans, which is in compliance with the Land Development Code and RPUD Agreement. After preliminary plat approval a pre -construction meeting will be held between the Developer, City staff, and appropriate utility agencies prior to construction of the infrastructure to discuss the construction schedule and required inspections. City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM Current Land Use FL UM Designation Zoning District North Single Family Residential Medium Density Residential R-4 (Multi -Family Residential) East Single Family Residential Medium Density Residential RPUD (Residential Planned Unit Development) South Vacant Volusia County Urban Low Intensity Volusia County R-3 (Urban Single Family Residential) West Indian River Elementary School Public P/SP (Public/Semi-Public Background: The subject property is proposed for a 103 -unit single family residential subdivision. An RPUD Agreement was approved by Council on May 1, 2017 and subsequently amended to allow additional building and impervious coverage on May 7, 2018. The Technical Review Committee has reviewed the preliminary plat and construction plans, which is in compliance with the Land Development Code and RPUD Agreement. After preliminary plat approval a pre -construction meeting will be held between the Developer, City staff, and appropriate utility agencies prior to construction of the infrastructure to discuss the construction schedule and required inspections. City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM File #: SD -1701, Version: 1 After the infrastructure is complete a Final Plat will be brought before the Board for recommendation to City Council which will subsequently permit the Developer to commence construction of the residences. Land Use Compatibility: The subject property is adjacent to San Remo and Meadow Lakes, both single family residential subdivisions, and Indian River Elementary School. The addition of Woodbridge Lakes it consistent with the existing residential uses. Adequate Public Facilities: The property has access via 30" Street; all required infrastructure will be constructed prior to the platting of individual lots. Comprehensive Plan Consistency: The proposed development is consistent with the Medium Density Residential Future Land Use designation and shall not exceed a maximum density of eight (8) dwelling units per acre. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for SD -1701. City of Edgewater Page 2 of 2 Printed on 5/4/2018 powered by LegistarTM — ------------ 6 pr� rim— r LSI r �'' l , _ 4 :S � r5 , . Dip Ilk WO DO - t l ioberts RCS ,k t� _ ' w 11f a I e • IL •.�' Ar 28TH ST G Z 4� MEADOW LAKE DR t a A N O GE Cr m� 0 �G ROBERTS RD \ y Z O 0 'Z O 9� f O� O i EDGE WATER GOO ay 0� L ®Subject Property J Dr. oare:vzarzon OPMSRO / P w OODBRIDGE LAKES AT EDGEWATER 10' UTILITY EASEMENT 10! UTILITY EASEMENT Citv -of Ed ewater, Volusia County, Fmlorida PLAT BOOK PAGE 140.7 140* 0" 50.00' 500 5 0. 0wV 50.55 50.00r 50. 50,0 7=6 L=65.ZV 50 50.W 5070, 50.OV 50.w 50.00' 50.00' 60 * 305' 88 9'*0" 60.30' 88.9V 99.0p 216.71' [5 64 658 t� 66 F �O 67 moo" vs to L" L=34.83' L=26,59' 45,22' 50.00' 50.W TRACT D 1$4 V C) !V2 40 391 i, 88.36' 50.00' 550.001' 50,C0 50.00' 50.00 COMMON AREA 7 1 \6 _00 9 10 11 12 '8 13 14 T5 15 16 17 18 19 Rini .20 22 /92' 23 24 A5�_ DRAINAGE EASEMENT pw to E, 'S U3 Ui uni Ui Ui 21 2 25 f� I Di �i =231 R=125.00 25 0 0.97 ACRE (n Cn 16 L=16. 5 R=125.00 R=100.00' L=40.78� 50.0 50.001, 5011 50.00 5 0. 0wV 0.00, 0, 50.00' 01 50.01 %00' 50.W 50.00' 50.00, %00' 50.01Y 50.00' 28,14! L=83.97 I 4 46.00 W.0vol 50.00' -R=50.00' 50 50-00 50.00' 50-00 4 7=6 L=65.ZV 62 61 60 ? JIr �59 [5 64 658 t� 66 F �O 67 moo" vs to L" L=34.83' L=26,59' 45,22' 50.00' 50.W .00 50.00, 50 88.65! 50.00' 50.00' 97.98' - 50.00 50-00 50.00' 50-00 4 63 62 61 60 ? R=165.00' R=60.00 L=66.*ii -R=25.00' L=41.93' R=25. L=39.27- f -R=100.00' L" L=34.83' L=26,59' 45,22' 50.00! 50-W 31.2V 1$4 V C) N15'53!37"W 1355.0 SIX DATA TOTAL AREA XX AC. TOTAL L07S 103 r, I I'll, 1 11 1TY = 3.40 U/A SNME FMILY LINEAL FEE1 S7REErS = 3W:k LOT SZE = 50! X 115 MINIMUM EKONG ZONING = PUD COMMON OPEN SPACE = 9.69 ACRES � 32% TAX PARCEL NUMBER 8448-00-00-0090 BUILDING SETBACKS: FRONT 20' REAR 15' SIDE 5' SIDE CORNER 15' GRAPHIC SCALE IN FEET SCALE 1"=80' 0 100 150 revised 2-12-18 city comments DiFiel Johns, P.E. Professional Engineers 3869 S. Nova Road - Suite 3 Port Orange, Florida 32127 phone 386-756-8582 e-mail don johns@dienaineers.con Miminary Plat 50.00 50-00 50.00' 50-00 }5'S844. *E R=165.00' L=41.93' Lo Uj L" U.J . 45 44 1$4 V C) !V2 40 391 i, 88.36' 50.00' 550.001' 50,C0 50.00' 50.00 N15'53!37"W 1355.0 SIX DATA TOTAL AREA XX AC. TOTAL L07S 103 r, I I'll, 1 11 1TY = 3.40 U/A SNME FMILY LINEAL FEE1 S7REErS = 3W:k LOT SZE = 50! X 115 MINIMUM EKONG ZONING = PUD COMMON OPEN SPACE = 9.69 ACRES � 32% TAX PARCEL NUMBER 8448-00-00-0090 BUILDING SETBACKS: FRONT 20' REAR 15' SIDE 5' SIDE CORNER 15' GRAPHIC SCALE IN FEET SCALE 1"=80' 0 100 150 revised 2-12-18 city comments DiFiel Johns, P.E. Professional Engineers 3869 S. Nova Road - Suite 3 Port Orange, Florida 32127 phone 386-756-8582 e-mail don johns@dienaineers.con Miminary Plat File #: SD -1703, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: SD -1703 - David Evans, Liberty Village Development Inc., requesting Preliminary Plat approval for a subdivision to be located east of South Glencoe Road and south of Lake Waterford Estates. OWNER: Liberty Village Development Inc. REQUESTED ACTION: Preliminary Plat approval LOCATION: East of South Glencoe Road and south of Lake Waterford Estates AREA: 631 acres PROPOSED USE: 40 -unit single family residential subdivision CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Transition with Conservation Overlay ZONING DISTRICT: RPUD (Residential Planned Unit Development) VOTING DISTRICT: 1 SURROUNDING AREA: Background: The subject property was annexed into the City on October 2, 2017; the Future Land Use and Zoning designations where amended simultaneously with the annexation. A RPUD Agreement was adopted as part of the Zoning Map amendment. The RPUD Agreement permits the development of 40 -one (1) acre parcels. The Technical Review Committee has reviewed the preliminary plat and construction plans, which are in substantial compliance with the Land Development Code and RPUD Agreement. City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM Current Land Use FL UM Designation Zoning District North Vacant & Single Family New Smyrna Beach Low New Smyrna Beach PUD Residential Density Residential (Planned Unit Development) East Vacant & Single Family Volusia County Urban Volusia County A-3 Residential Medium Intensity & Low (Transitional Agriculture) and Impact Urban MH -1 (Mobile Home Park) South Vacant & Single Family Volusia County Low Volusia County A-3 Residential Impact Urban and Rural (Transitional Agriculture) West Vacant & Single Family New Smyrna Beach Low Volusia County A-3 Residential Density Residential and (Transitional Agriculture); RR Volusia County Rural (Rural Residential) Background: The subject property was annexed into the City on October 2, 2017; the Future Land Use and Zoning designations where amended simultaneously with the annexation. A RPUD Agreement was adopted as part of the Zoning Map amendment. The RPUD Agreement permits the development of 40 -one (1) acre parcels. The Technical Review Committee has reviewed the preliminary plat and construction plans, which are in substantial compliance with the Land Development Code and RPUD Agreement. City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM File #: SD -1703, Version: 1 Following approval of the Preliminary Plat a pre -construction meeting will be held with the Developer, City Staff, and appropriate utility agencies to discuss the construction timeline and inspection requirements. After installation of all infrastructure the Final Plat will be brought before the Board for recommendation to City Council. The Plat will be recorded after Council approval thereby allowing the Developer to commence construction of the residences. Land Use Compatibility: The development of a single family subdivision is consistent the surrounding area. Adequate Public Facilities: The property has access via South Glencoe Road. City water is available; the wastewater collection and transmission lines will be required to be extended along South Glencoe Road to the project at the developer's expense. This is addressed in the RPUD Agreement. Comprehensive Plan Consistency: The Low Density Transition Future Land Use Designation allows for up to one (1) dwelling unit per acre; the proposed development has a gross density of .63 dwelling units per acre. The property maintains a Conservation Overlay Future Land Use designation, indicating the potential for sensitive environmental issues such as wetlands and listed species. An environmental assessment was completed indicating no listed species on the property; wetlands have been delineated and addressed on the construction plans to include a conservation easement. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for SD -1703. City of Edgewater Page 2 of 2 Printed on 5/4/2018 powered by LegistarTM �0i NN 20 C,, O RnAE TATES Up- CIA N Ry nO �Q EDGEWATER ®Subject Property DDare: snsizon � � 1-1 LIBERTY VILLAGE SUBDIVISION MAP BOOK PAGE IN THE CITY OF EDGEWATER FLORIDA , LIBERTY VILLAGE SUBDIVISION DEDICATION BEING A PORTION OF SECTION 36, T 17 S, R 33 E AND A REPLAT OF A PORTION OF ASSESSOR'S SUBDIVISION OF CHILTON'S HOMESTEAD PER MAP BOOK 3, PAGE 54, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA KNOW ALL MEN BY THESE PRESENTS, BEING THE OWNER IN FEE SIMPLE OF THE LANDS DESCRIBED IN THE FOREGOING CAPTION TO THIS PLAT ENTITLED "LIBERTY VILLAGE SUBDIVISION", LOCATED IN THE COUNTY OF VOLUSIA, STATE OF FLORIDA, DOES HEREBY DEDICATE SAID LANDS AND PLAT FOR THE USES AND LEGAL DESCRIPTION: PURPOSES HEREIN EXPRESSED. SAID CORPORATION DOES FURTHER DEDICATE AND GRANTS ALL NOTES: ACCESS, UTILITY, MAINTENANCE & DRAINAGE EASEMENTS TO THE LIBERTY VILLAGE HOMEOWNERS ASSOCIATION. SAID CORPORATION DOES FURTHER DEDICATE AND GRANT TRACT "A" TO THE LIBERTY VILLAGE HOMEOWNERS ASSOCIATION. SAID CORPORATION DOES FURTHER DEDICATE TRACT "B" TO PARCEL 1: I . ❑ DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETE THE CITY OF EDGEWATER. SAID CORPORATION DOES FURTHER DEDICATE TRACT "C" AND 10' The North one-half (1/2) of the Northwest one-quarter (1/4) of the Southwest one-quarter (1/4), lying East of South Glencoe Road, MONUMENT W/ IRON ROD (NO IDENTIFICATION) RECOVERED ROADWAY EASEMENT TO THE COUNTY OF VOLUSIA. Section 36, Township 17 South, Range 33 East, Volusia County, Florida. ■ DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETE IN WITNESS WHEREOF, The undersigned has hereunto set by hand on this MONUMENT W/ DISK "PRM -LB 7220" SET ________ day of ______________ A. D., 2018. PARCEL 2: The West six (6) chains of the East twenty-six (26) chains of Lot 2, Section 36, Township 17 South, Range 33 East, also being described as follows: DENOTES 5/8" IRON ROD WITH CAP "LB 7220" SET Beginning at a point in the South line of Lot 2, Section 36, Township 17 South, Range 33 East, a distance of 1320 feet due West from the West line 0 DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETE Owner: LIBERTY VILLAGE DEVELOPMENT, INC. of the Ambrose Hull Grant; thence from described point still along the South line of said lot due West 396 feet ; thence due North 1320 feet to the MONUMENT W/ DISK "PLS 2027" RECOVERED By. By. North line of said lot; thence due East along the same, 396 feet; thence South along land sold recently to Connor, 1320 feet to the place of beginning. 0 DENOTES PERMANENT CONTROL POINT - MASONRY NAIL DAVID L. EVANS DIRECTOR DAROLD N. SCHONSHEK DIRECTOR W/ DISK "PCP -LB 7220" SET PARCEL 3: Signed and sealed in the presence of - Beginning at the Southeast corner of Lot 2, Section 36, Township 17 South, Range 33 East; thence Westerly along the South line of said Lot 2, a 2. DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF. distance of 1320 feet; thence North 1320 feet to the North line of said Lot 2; thence East along the North line of said Lot 2 to the Northeast corner thereof, thence South 32 degrees East along the East line of said Lot 2 to the Point of Beginning; also known as the Easterly 32 acres more or less of Printed Name Printed Name 3. ACCURACY: THE BOUNDARY LINEAR ERROR OF CL05URE DOES NOT EXCEED I IN 10,000. Lot 2, Section 36, Township 17 South, Range 33 East. THE BOUNDARY ANGULAR ERROR OF CL05URE DOES NOT EXCEED 15 SECONDS MULTIPLIED BY Signature THE SQUARE ROOT OF THE NUMBER OF ANGLES TURNED. Signature PARCEL 4: Lot 2, CHILTON HOMESTEAD, according to the plat thereof, as recorded in Plat Book 3, Page(s) 54, of the Public Records of Volusia County, Florida. 4. THE TERM "UTILITIES" A5 USED ON TH15 FLAT SHALL INCLUDE, BUT NOT BE LIMITED TO SEWER, SECURITY, TELEPHONE, ELECTRIC, CABLE TELEV1510N SYSTEMS, POTABLE WATER, AND DRAINAGE ACKNOWLEDGMENT Together with : STRUCTURES. SANITARY SEWER, RECLAIMED WATER MAINS AND POTABLE WATER MAINS SHALL BE STATE OF FLORIDA COUNTY OF VOLUSIA OWNED AND MAINTAINED BY THE CITY OF EDGEWATER. ALL PLATTED UTILITY EASEMENTS SHOWN HEREON SHALL BE NON EXCLU51VE EASEMENTS THIS IS TO CERTIFY, That on this _____ day of ---------A.D., 2018 before me, personally That part of an un -named platted public road lying Westerly of and adjacent to Lot 2, ASSESSOR'S SUBDIVISION OF CHILTON'S HOMESTEAD, FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF CABLE TELEVISION SERVICES appeared as managing member, on behalf of according to the map or plat thereof, as recorded in Map Book 3, Page 54, of the Public Records of Volusia County, Florida. SUBJECT TO TERMS AND CONDITIONS SET FORTH IN SECTION 177.09 I (28), FLORIDA STATUTES (I 999) ___________, _______________ WHICH TERMS AND CONDITIONS ARE INCORPORATED HEREIN BY REFERENCE. incorporated under the laws of the State of Florida, as the individual described and who Together with : executed the foregoing dedication and acknowledged the execution thereof to be his free act 5. BEARING STRUCTURE IS ASSUMED AND BASED ON THE PHYSICAL CENTERLINE OF SOUTH GLENCOE ROAD and deed as such officer thereunto duly authorized; and said dedication is the act and deed Commence at the Northeast Corner of U.S. Lot 2, Section 36, Township 17 South, Range 33 East as shown on the plat of Lake Waterford Estates Unit II A5 BEING N 20°55'46" W as recorded in Map Book 45, Pages 141 and 142 of the Public Records of Volusia County, Florida; thence S 23 degrees 29'42" E along the East line of said of said corporation and who is personally known to me or has produced a ---- Section 36, Township 17 South, Range 33 East as shown on said plat of Lake Waterford Estates Unit II, a distance of 64.64 feet for the Point of Beginning; G. TH15 FLAT CONTAINS 40 LOTS. as identification and who (did)(did not) take on oath. thence N 58 degrees 03'37" E, a distance of 99.14 feet to the West line of Block D. Lovejoy's 2nd Subdivision as recorded in Map Book 8, Page 125 of the 7. ALL LOT CORNERS AND PERMANENT REFERENCE MONUMENTS WILL BE SET IN WITNESS WHEREOF, I have hereunto set my Public Records of Volusia County, Florida as monumented and described in Official Records Book 5167, Page 0028, Public Records of Volusia County, Florida; UPON COMPLETION OF ROADS AND OR UTILITIES CONSTRUCTION. Hand and Seal on the above date. thence S 23 degrees 29'03" E along the aforementioned line, a distance of 12.54 feet; thence continue along said West line Block D S 22 degrees 16'09" E, a distance of 844.42 feet; thence continue along said West line of Block D S 10 degrees 44' 51" E, a distance of 208.42 feet to the South line of said Lovejoys 2nd 6. SUBJECT PROPERTY LIES WITHIN FLOOD ZONE "X" � "A" A5 SCALED FROM Notary Public — State of Florida Subdivision, also being the South line of the Middle 1/3 of the AMBROSE HULL GRANT; thence S 69 degrees 13'39" W along the aforementioned line, a distance FEDERAL IN5URANCE RATE MAP 120306 0700 J, 12 127C 0700 J, My Commission Expires: of 1.74 feet to the West line of the AMBROSE HULL GRANT per Boundary Line Agreement dated March 15, 2017; thence N 25 degrees 15' 47" W along the DATED 03-29-2017, SCALE I " = 1000'. REVIEW OF SURVEYOR & MAPPER FOR THE CITY OF EDGEWATER aforementioned line, a distance of 1045.91 feet to the Point of Beginning. 9. LEGACY LANE - TRACT "A" SHALL BE OWNED AND MAINTAINED BY THE LIBERTY VILLAGE HOMEOWNERS A550CIATION, INC. l HEREBY CER77FY TO THE CITY, THAT l HAVE REVIEWED THE FOREGOING PLAT FOR COMPLIANCE WITH THE REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES, PART 4 AND THAT l HAVE PROVIDED 10. TRACT "B" LIFT STATION SHALL BE DEDICATED TO AND MAINTAINED BY THE BOTH 7HE CITY AND THE SURVEYOR AND MAPPER OF RECORD A LIST OF DEVIATIONS, IF ANY, 13 CITY OF EDGEWATER. 14 FROM SUCH REQUIREMENTS. C s For the Firm By. 27 1 1 . TRACT "C" RIGHT OF WAY AND 10 FOOT ROADWAY EASEMENT Date 26 IS A SHALL BE DEDICATED TO THE COUNTY OF VOLU5IA. 25 i] Certificate of Authorization Number 51iffT4 5 16 12. DRAINAGE, ACCESS, MAINTENANCE * UTILITY EASEMENTS DEDICATED TO g 19 THE LIBERTY VILLAGE HOMEOWNERS A550CIATION. QUALIFICATION STATEMENT OF SURVEYOR AND MAPPER 511EET 2 ' za 30 20 23 13. MINIMUM YARD 51ZE AND SETBACKS: 6 31 21 FRONT: 25 FEET 7hat I the undersigned, being a professional surveyor and mapper have prepared the foregoing plat and was made under my direction and supervision and do hereby certify that the plat complies 3. REAR: LOTS 1 - 1 2 = 25 FEET with all the survey requirements of Chapter 177, Florida Statutes; and that said land is located 33 LOT 13= 1 5 FEET in the City of New Smyrna Beach, Volusia County, Florida. - 33 LOTS 14-40 = 25 FEET 35 51DE: 15 FEET Surveyors Signature Date 40 39 3� 37 6 WETLANDS: 25 FEET AVERAGE M. ALLEN CAMPBELL 6176 Surveyors Name (printed) Surveyors Registration Number LB 7220 Certificate of Authorization Number ALLEN CAMPBELL & ASSOCIATES INC. 308 North Causeway, New Smyrna Beach, Florida, 32169 CERTIFICATE OF APPROVAL BY CITY ATTORNEY KEY MAP NOT TO SCALE THIS IS TO CER77FY, That on this plot was approved. BY: NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE City Attorney CERTIFICATE OF APPROVAL BY THE CITY OF EDGEWATER SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. IN ACCORDANCE WITH CHAPTER 177.091(27). THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED THIS IS TO CERTIFY, That on the foregoing plot was approved CERTIFICATE OF APPROVAL BY CITY ENGINEER by the the City of Edgewater, Florida. ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS lS TO CERRFY, 777at on this plat was approved. Mayor: MICHAEL IGNASIAK Allen Campbell & By. City Engineer Attest ROBIN MATUS/CK City Clerk Associates, Inc. CERTIFICATE OF CLERK CERTIFICATE OF APPROVAL BY THE PLANNING AND ZONING BOARD Professional Surveying & Mapping I HEREBY CER77FY TO THE CITY, THAT I HAVE EXAMINED THE FOREGOING PLAT AND FIND /T COMPLIES LB NO. 7220 THE EDGEWATER PLANNING AND ZONING BOARD HEREBY APPROVES THE IN FORM WITH ALL THE REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES, AND WAS FILED ON RECORD 308 North Causeway FINAL PLAT FOR LIBERTY VILLAGE SUBDIVISION. ON ___________ A T ------ _________. New Smyrna Beach, Florida 32169 FILE NO.: ----------------------- Office: (386) 428-2218 B Y.• DA TE: PA T CARD CHA IRMA N, ED GE WA TER SEE SHEETS 2 & 3 LAURA E. OCLERK COURT SHEET 1 OF 4 PLANNING AND ZONING BOARD IN AND FORVOLUSIACOUNTY, FLORIDA LIBERTY VILLAGE SUBDIVISION IN THE CITY OF EDGEWA TER , FLORIDA BEING A PORTION OF SECTION 36, T 17 S, R 33 E AND A REPLAT OF A PORTION OF ASSESSOR'S SUBDIVISION OF CHILTON'S HOMESTEAD PER MAP BOOK 3, PAGE 54, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA CURVE DELTA RADIUS ARC CHORD CHORD BEARING C1 19°47'46" 190.00' 65.65' 65.32' N 78°59'55" E C2 19°47'46" 150.00' 51.83' 51.57' N 78°59'55" E C3 19°47'46" 110.00' 38.01' 37.82' 1 N 78°59'55" E C4 80°30'42" 356.56' 501.04' 460.82' N 47°43'32" E C5 56°05'00" 310.00' 303.44' 291.47' S 60°31'02" W C6 25°56'01" 310.00' 140.32' 139.12' S 19°31'15" W C7 16°27'01" 390.00' 111.97' 111.59' N 80°39'11" E C8 17°12'23" 390.00' 117.12' 116.68' N 63°50'35" E C9 19°47'20" 390.00' 134.70' 134.03' N 45°20'44" E C10 15°20'54" 390.00' 104.47' 104.16' N 27°46'28" E C11 13°46'10" 390.00' 93.73' 93.50' N 13°19'43" E C12 08°36'43" 425.00' 63.88' 63.82' N 02°14'52" E C13 21°15'13" 450.00' 166.93' 165.97' N 04°04'23" W C48 12°18'19" 567.00' 121.77' 121.54' N 82°03'39" E C49 10°17'08" 567.00' 101.79' 101.63' N 67°25'13" W W LO M Ir In r F m Z IO U w m LL 0 W K U) w WEST 1/4 CORNER OF SECTION 36, T 17 S, R 33 E CERTIFIED CORNER #0004160 CERTIFIED CORNER #0005003 L1 N 69°06'00" E 76.27' L2 N 69°06'00" E 76.80' L3 N 69°06'00" E 76.92' L20 S 22°00'35" E o 1 11 35.77' 1 L85 S 84°43'45" E 174.59' L86 S 84°43'45" E 187.72' L87 S 81'31'23" E 190.11' L88 S 14°31'05" W 123.36' NOTE: 471474± SQUARE FEET TOTAL IN FLOOD ZONE "A" 100 0 N Lv 1 GRAPHIC SCALE 50 100 200 L21 S 01 16 22 E 66.61 L89 S 64°22'15" E 191.12' 31.85'(M) I\ S 88053'07" W 690.50' (M) (M) I LEGEND & A ( IN FEET ) L22 S 06°56'07" E 90.99' L90 S 28°22'01" W 101.38' ❑ DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETE 0-1 (M) Measured P/P Power Pole MONUMENT W/ IRON ROD (NO IDENTIFICATION) RECOVERED � SOUTH 1 /2 OF THE NW 1 /4 OF inch = 100 ft. L23 S 26°03'49" E 80.56' L91 S 56°36'33" E 190.04' MATCH LINE Radial S 89'16'12" w (R) R/W Right of Way n L24 S 20°09'15" E 96.92' L92 S 03°12'12" W 62.49' Point of Commencement F MONUMENT W/ DISK "PLS 2027" RECOVERED 265.62' POB Point of Beginning n L25 S 35°40'20" E 50.16' L93 N 88°42'34" E 181.62' MATCH LINE (V .-. - - - - - N m .SEE SHEET ""'t' L77 ° N 01 0611 W 145.70 L94 ° N 28 34 41 W 107.73 N � U U N L78 L79 N 01°06'11" W N 89°00'20" E 145.32 48.35' L95 N 28°34'41" W 97.87' M '- 0 7 N N L96 S 03°42'48" E 77.17' 0 L80 N 21'04'02" E 113.05' L97 S 11'20'33" E 168.22' N ob S 83°26'46" E L81 N 88°52'03" E 46.09' L98 S 01'06'11 " E 167.02' Q N 44034 SQUARE FEET m L82 --_ 380 84, L82 S 83°26'46" E 134.58' L99 N 88°27'04" W 6.01' " L83 S 35°40'20" E 53.04' L100 S 01'06'11 E 115.62' O 30.0' D.A.U.E. 15.0' EACH SIDE OF LOT LINE O 69896 �S L84 S 04°04'26" W 99.87' O S89°16'12"w I � SQUARE FEET � 0 r`� q b248.64' p O (� t 1 0.0' UTILITY EASEMENT i 30.0' DA V E 15.0' EACH col U 1 N p COMMON AREA ENVIRONMENTAL EASEMENT •- , SIDE OF LOT LINE J p m \ 4_ LAKE WATERFORD ESTATES UNIT II M.B. 45, PGS. 141 & 142 0 T (0 _ L85 In 6C0 I S 84°43'45" 0 -13 _r+ �i co 43804 OD W - L86 E 449-41, SQUARE FEET 30.0' D.A.U.E. � Ln 64561 31 I 5.0' EACH SIDE M 0) SQUARE FEET 0 r1 OF LOT LINE o N [Q o S 89116'12" W (Q 30.O D. A.0E .. r I \ O - 224.91 ' - - z L OF_ EACH. 7 UEE N N 0 f I \p 0 z 60 N 5 a - - S 83°26'46' E �P z 507.90' S 88°52' 5" W (M) 189.64' (M) o 00 1;T 50.00' 32 N 88052'03" E (P)(M) 902.88' (M) 45178 N 54367 I SQUARE FEET SQUARE FEET 30.00' (M) 734.37' (P)(M) j's 0, L87 I W N 88052'37" E (M) 417.09' (M) o o 0. _ p 10 (51 S8300.53' 68.10' L81 97.48' 0& 810' 1 y3E J'L QO 1O.O'EASEMENT S 1 W FORROADWAY ;1 Z 61 33 O , \ \PU�RJPOSES DRAINAGE, ACCESS. & UTILITY EASEMENT W O 9�(0 11 0 U r�D553863 J OO SQUARE FEE2 T� 0 LL co 2 w0 o L79 4 -3 % , C w o N° 2 3Lo n W =0�NO O 10.0' UTILITY .S O ° Z. 46172 EASEMENT 1S 0,43691 ] � O z 0" 0043676 }tD N(9Q SQUARE FEET , / Op o' q J rJ^n U 69875 SQUARE FEET D W Z J O to SQUARE FEET ( ,y r W SQUARE FEET J1 bbCl) OT CF v^, U _ 57754 Q O 2!� �- SEM�N� In G Gtx F SQUARE FEET z rC� O 0 EP .pl Py k 9 O � Q 1 64.71 -- - J d S �FO G 168.10' 1 68.1 0' lQ�o O� S6 ¢ 0 W O 2 \ TRACT "A„ o� 3> 63 z w va1�3 o -� \ G2 LEGACY E_ o s _ - 35 3 a M 0 [� k 2 N 88°53'49" E 383.00 0 GS , 1� 0 0 44887 6� D z ( t '70) L ; ���� Q SQUARE FEET 0 1- W l� 2 j ` 0 1 27.50' - 127.50' C7 52254 �S ?5.0� LL v�� AL3 G3 t - - 8.24' SQUARE FEET + L93 0 (� ) - (l 1 O.O' UTILITY '0 -7 EASEMENT ^L) {//�� 324.05' 1 1 5.95' �G \ Q � 10.0' EASEMENT v �/ r- " S 88 4 30 W 440.00' (P)(M) � � � �ji C� /'^ 2 FOR HOA WALL 43592 43589 52759 � I ° � ' � - D ?i r MAINTENANCE SQUARE FEET SQUARE FEET OD SQUARE FEET 19 O 0 0' `/ 54518 i� 0) S 88050'07" W OI 19.02' (M) z � � 0 � '� SQUARE FEET W W I � � (� � 0 w �� 4 0 _J 1- 3 9 w 3 8 w 3 7 r �� GN� M-I O O' EASEMENT O_j i _7 O Z N� L \ FOR HOA WALL LL W CO , 0 P 0 MAINTENANCE O' O O 0q CQ L99 LLJ 0P 7 G48 ~� W 0) 2` D O D d° d O p w� � �cn �o mT 0 rn m LOT 3 0 O ° dQ ow ' o_' ��' ASSESSOR'S SUBDIVISION OF Ld 2 b5NO 0�0 00 qa O d) 21 dm o� CSII CHILTON S HOMESTEAD 21 0' O^, bb . I M.B. 3, PG. 54 ��' ` ,v, O 4,- - - - - O� DRAINAGE, ACCESS, p & UTILITY EASEMENT I pO �✓ ✓ 0 1 83 31 117. G 54 0 DENOTES PERMANENT CONTROL POINT - MASONRY NAIL W/ DISK "PCP -LB 7220" SET • DENOTES 5/8" IRON ROD WITH CAP "LB 7220" SET D.A.U.E. DRAINAGE, ACCESS, & UTILITY EASEMENT 400 _A` CH I INE M - IIT' MATCH L' '4 z 2 00 Z N o y �� O O Z� N t cl Ln N V1 N O 200.00' S 88032'06" W ( ) 487.15'(M) W O D � N `� n n OD � Irn (o I (� C �0 : I� w 0 0 Oz I I0 "0 �o CO 0 n ` Ir I I 0 T.K M I I � I Imo_ PLATTED 12.5' ROAD PER M.B. 3, PG. 134 NOT OPEN - LEGAL STATUS UNKNOWN & NOT PROVIDED II SHEET 2 OF 4 103.34' 127.50' 1127.50 664.38' CMJ �I PLATTED 19' ROAD PER M.B. NOT OPEN -LEGAL STATUS 3, UNKNOWN 31.85'(M) I\ S 88053'07" W 690.50' (M) (M) I LEGEND & A (P) Plat PC Point of Curvature I (D) Description PT Point of Tangency ❑ DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETE 2 (M) Measured P/P Power Pole MONUMENT W/ IRON ROD (NO IDENTIFICATION) RECOVERED � SOUTH 1 /2 OF THE NW 1 /4 OF (C) Calculated O/U Overhead Utilities �2 THE SW 1/4 OF SECTION 36, T 17 S, R 33 E (PR) Prorated LB Licensed Business ■ DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETE � Radial MONUMENT W/ DISK "PRM -LB 7220" SET (R) R/W Right of Way n (NR) Non -Radial D& Fire Hydrant F O DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETEPOC Point of Commencement F MONUMENT W/ DISK "PLS 2027" RECOVERED 4_ POB Point of Beginning n PLS Professional Land Surveyor F 400 _A` CH I INE M - IIT' MATCH L' '4 z 2 00 Z N o y �� O O Z� N t cl Ln N V1 N O 200.00' S 88032'06" W ( ) 487.15'(M) W O D � N `� n n OD � Irn (o I (� C �0 : I� w 0 0 Oz I I0 "0 �o CO 0 n ` Ir I I 0 T.K M I I � I Imo_ PLATTED 12.5' ROAD PER M.B. 3, PG. 134 NOT OPEN - LEGAL STATUS UNKNOWN & NOT PROVIDED II SHEET 2 OF 4 LIBERTY VILLAGE SUBDIVISION IN THE CITY OF EDGEWATER , FLORIDA BEING A PORTION OF SECTION 36, T 17 S, R 33 E AND A REPEAT OF A PORTION OF ASSESSOR'S SUBDIVISION OF CHILTON'S HOMESTEAD PER MAP BOOK 3, PAGE 54, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA CURVE DELTA RADIUS ARC CHORD CHORD BEARING L14 L15 L16 L17 L18 L19 L63 L64 L65 L66 L67 L68 L69 L70 L71 L72 L73 L74 L75 L76 N 11°36'30" W N 11°36'30" W N 11'36'30" E N 03°42'19" E N 03°42'19" E N 03°42'19" E S 11'36'30" E N 75°16'46" E S 80°11'19" E S 85°08'40" E N 70°47'40" E N 73°11'28" E S 08°23'50" W S 02°25'11" W S 43°00'38" E S 06°36'16" W S 15°03'29" E S 38°33'54" E S 71'28'37" E S 74°03'16" E C34 10°57'33" 275.00' 52.60' 52.52' S 06°07'43" E C35 16°58'51" 225.00' 66.68' 66.44' N 03°57'06" W C36 15°18'51" 225.00' 60.14' 59.96' IS 03°57'06" E C37 53°58'32" 25.00' 23.55' 22.69' S 30°41'21" W C38 47°29'24" 60.00' 49.78' 48.32' S 33°55'45" W C39 51°22'09" 60.00' 53.79' 52.01' S 15°29'58" E C40 50°37'07" 60.00' 52.88' 51.19' S 66°25'59" E C41 55°58'55" 60.00' 58.62' 56.32' N 60°19'44" E C42 78°27'26" 60.00' 82.16' 75.89' S 06°53'13" E C43 04°08'43" 60.00' 4.34' 4.34' IS 47°06'00" E C44 53°58'32" 25.00' 23.55' 22.69' N 25°35'00" W C45 44°25'49" 235.00' 182.23' 177.70' S 24°34'55" E C46 40°34'55" 235.00' 166.45' 162.99' S 74°25'06" E C47 46°12'21" 235.00' 189.51' 184.42' N 54°50'15" E C59 00°58'39" 925.00' 15.78' 15.78' S 12°37'46" E SEE SHEET 4 MATGN L1 Ne MAT'GN LINE 37.36' 18.68' 37.36' 145.34' 76.44' 76.44' 19.66' 88.25' 70.01' 50.01' 48.17' 26.66' 77.72' 65.27' 54.34' 88.55' 96.33' 64.48' 39.91' 75.24' L101 S 88°02'11" W L102 N 07°10'30" W L103 N 70°54'48" E L104 N 08°23'50" E L105 S 02°25'11" W L106 N 88°16'15" E L107 N 88°16'15" E L108 S 36°22'43" W L109 S 36°22'43" W L110 S 10°39'34" E L111 S 10°39'34" E L112 S 63°25'26" E L113 S 63°25'26" E L114 N 23°40'16" E L115 S 86°17'41" E L116 S 86°17'41" E L117 S 03°02'52" E L118 N 87°42'18" E Co N 83°58'35" E to 567.68' _ 64 U, L,6 L , r 10.0' UTILITY -1 / J EASEMENT 0 _ 103868 IJ 0 ��03 SQUARE FEET C 2 4 3> 0 -� 30.0' D.A.U.E. -1 1 5.0' EACH SIDE OF LOT LINE N88 1 6'15" E ��480.05' - <) L 107 f i9 115756 SQUARE FEET 47.19' 40.90' 42.60' 50.25' 33.15' 208.31' 165.03' 169.15' 165.03' 168.11' 165.16' 167.29' 164.74' 120.84' 197.66' 232.30' 115.30' 222.29' NOTE: 471474± SQUARE FEET TOTAL IN FLOOD ZONE "A" / sop - roe a° r � 18 u U t9 o 43779 OD ZON r SQUARE FEET FLS O OSE �0.0' D.A.U.E. O'EACH SIDE OF LOT LINE J- -- C 9-8-7 °42' 118" W cn U 305_1 O' L118 -1 OO'TILITY EASEMENT r CIDI 44114 I SQUARE FEET J 30.0' D.A.U.E. JI 1 5.0' EACH SIDE OF LOT LINE L116 C43- - N 86,17'4 V' W - �- 328. 13' L115 ° 20 O 0 O� Co o � m 6\A IJ O / Ca / N / J / J / D I SEE m -pi <� y� F 56094 i DETAIL "A" a 0 SQUARE FEET N 23 C"r � r) 6 11 CII °° 76381 < 22 SQUARE F EET O\ N W �� nj '\ 45771 W' p p voO 2 q��qC SQUARE FEET j G q v �� ccFsS & UTILITY EASEMENT N I L >S us 196.17' 90.50' �> 207.77' 01 S 88032'06 'W (M) 487.15'(M) L1 S 88°01'36" W (M) L O T 1C I r.n\ VIA I L O T ASSESSOR'S SUBDI VISION OF LOT 1 CHILTON HOMESTEAD N 63 -10- IV 447.84' 655.62'(M) 1 A M.B. 3, PG. 134 ❑ DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETE MONUMENT W/ IRON ROD (NO IDENTIFICATION) RECOVERED ■ DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETE MONUMENT W/ DISK "PRM -LB 7220" SET • DENOTES 5/8" IRON ROD WITH CAP "LB 7220" SET N1 DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETE MONUMENT W/ DISK "PLS 2027" RECOVERED D.A.U.E. DRAINAGE, ACCESS, & UTILITY EASEMENT '7 DENOTES PERMANENT CONTROL POINT - MASONRY NAIL W/ DISK "PCP -LB 7220" SET 100 N GRAPHIC SCALE 50 100 200 ( IN FEET ) 1 inch = 100 ft. 9`, 5 Ego 3'3M> DETAIL "/ DETAIL NOT TO 400 SHEET 3 OF 4 LIBERTY VILLAGE SUBDIVISION L36 N 79°21'13" W 18.33' L61 N 76°01'01" W 91.41' L142 S 40°35'15" E 78.82' \ 0, L37 N 88°53'30" W 75.10' L62 S 12°15'23" E 43.01' L143 N 25°59'07" E 13.57' L38 S 59°49'54" W 34.67' L119 S 83°26'46" E 109.73' L144 N 52°54'52" E 31.10' L39 S 88°51'57" W 257.06' L120 S 03°06'28" E 84.69' L145 N 70°39'30" E 44.91' ° L40 N 06°44'03" E 68.47' L121 S 06°56'47" E 74.56' L146 N 72°11'13" E 38.98' \ /-1- \ \ 1 & 142 \ � \ , p �0 LAKE WATERFORD ESTATES UNIT II \ M.B. 45, PGS. 14 \ �� 3 0 W QI COMMON L O T 20N \ LOT 21 N \ LOT 22N \ �\ ���O�S \\ oO03 W dS AREA \ \ \ �� \\ ' � �� z D 0 0)<r 152.74' (P) p �- N 88050'3 3 E (P) OLL 2 (j w °- \ N 88050'1 1" E (M) 1 52.43' (M) __jd d W m DELTA RADIUS ARC CHORD CHORD BEARING LL 21°15'13" 450.00' IN THE CITY OF EDGEWA TER FLORIDA 12°38'29" 425.00' 93.77' 93.58' N 08°22'45" W N O m 475.00' 105.96' N CO CD C16 _ 250.00' , 392.84' N 37°04'59" E C17 BEING A PORTION OF SECTION 36, T 17 S, R 33 E AND A REPLAT OF A PORTION OF ASSESSOR'S SUBDIVISION OF CHILTON'S HOMESTEAD C19 18°29'38" 275.00' 88.77' 88.38' PER MAP BOOK 31 PAGE 54, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA 275.00' L4 L5 N 01°08'03" W N 88°51'57" E 40.00' 40.00' L41 L42 N 77°24'26" E N 40°59'13" E 104.43' 48.19' L122 L123 N 43°49'23" W N 75°18'00" E 81.03' 67.54' L147 L148 S 88°05'18" E S 69°1010" E 22.00' 47.58' 406.70' \ N 37°04'59" E L6 S 01°08'03" E 40.00' L43 N 27°53'51" E 28.63' L124 N 75°18'00" E 79.47' L149 S 33°27'51" E 77.91' C25 43°46'12" z L7 S 47°21'49" E 35.57' L44 N 27°13'08" E 66.97' L125 N 17°46'24" E 39.30' L150 S 40°35'15" E 76.84' 561.64' 552.57' (Y) o L8 S 47°21'49" E 35.57' L45 N 20°26'47" E 49.56' L126 N 37°57'31" W 54.11' L151 N 62°15'08" E 119.58' C30 13°25'13" NOTE: 471474± SQUARE FEET TOTAL L9 S 47°21'49" E 35.57' L46 N 05°33'06" W 57.37' L127 S 18°10'36" E 114.43' L152 N 62°15'08" E 125.87'- 25, T 17 S, R 33 E T Q IN FLOOD ZONE "A" L10 S 02°15'24" E 73.38' L47 N 57°28'12" W 39.23' L128 S 14°49'17" W 49.01' L153 N 67°43'46" E 15.03' NORTH LINE OF U.S. LOT 2 SECTION 17012'19" 2 L11 S 33°31'02" E 43.91' L48 N 76°57'25" W 45.62' L129 S 61°45'20" E 47.03' L154 N 22°16'14" W 123.35' 194.33' ° S 51051'29" E L12 N 51'07'44" E 85.04' L49 S 38°58'50" W 51.56' L130 S 57°52'10" E 48.59' L155 S 77°01'34" E 44.21' C56 \ �� 285.00' L13 N 11'36'40" W 18.68' L50 S 82°30'20" W 82.68' L131 S 41'41'22" W 14.50' L156 N 82°18'23" E 134.09' 132.10' 0 N 55057'44" E L26 S 35°40'20" E 15.49' L51 N 07°51'30" E 83.10' L132 S 50°01'37" W 67.45' L157 S 69°23'24" W 171.35' \ L27 S 03°06'28" E 94.39' L52 N 51°21'13" E 59.30' L133 S 29°45'16" W 41.29' L158 S 69°23'24" W 172.34' X02 L28 S 06°56'47" E 78.49' L53 N 21°00'57" E 69.13' L134 S 16°13'11" W 57.57' L159 S 53°13'22" W 170.44' L29 S 18°04'47" E 73.06' L54 N 49°04'05" E 48.21' L135 N 25°59'07" E 26.66' L160 S 53°13'22" W 171.04' \ G� r - \\ L30 S 12°22'17" E 94.74' L55 N 83°21'02" W 30.08' L136 N 52°54'52" E 46.92' L161 N 40°59'13" E 22.55' L31 S 57°08'15" E 41.81' L56 S 53°54'51" W 101.35' L137 N 70°39'30" E 51.69' L162 N 38°41'32" W 19.54' L32 S 18°10'36" E 93.69' L57 N 56°45'23" W 70.73' L138 N 72°11'13" E 46.46' L163 N 10°51'32" W 56.18' L33 S 14°49'17" W 63.81' L58 S 81°17'41" W 59.56' L139 S 88°05'18" E 35.62' L164 N 51°21'13" E 29.65' C`2 L34 S 61°45'20" E 69.69' L59 S 68°48'44" W 72.49' L140 S 69°10'10" E 67.13' � \\ L35 S 57°52'10" E 54.37' L60 S 82°18'23" W 78.65' L141 S 33°27'51" E 88.30' \ L36 N 79°21'13" W 18.33' L61 N 76°01'01" W 91.41' L142 S 40°35'15" E 78.82' \ 0, L37 N 88°53'30" W 75.10' L62 S 12°15'23" E 43.01' L143 N 25°59'07" E 13.57' L38 S 59°49'54" W 34.67' L119 S 83°26'46" E 109.73' L144 N 52°54'52" E 31.10' L39 S 88°51'57" W 257.06' L120 S 03°06'28" E 84.69' L145 N 70°39'30" E 44.91' ° L40 N 06°44'03" E 68.47' L121 S 06°56'47" E 74.56' L146 N 72°11'13" E 38.98' \ /-1- \ \ 1 & 142 \ � \ , p �0 LAKE WATERFORD ESTATES UNIT II \ M.B. 45, PGS. 14 \ �� 3 0 W QI COMMON L O T 20N \ LOT 21 N \ LOT 22N \ �\ ���O�S \\ oO03 W dS AREA \ \ \ �� \\ ' � �� z D 0 0)<r 152.74' (P) p �- N 88050'3 3 E (P) OLL 2 (j w °- \ N 88050'1 1" E (M) 1 52.43' (M) __jd d W m O U W o d � J MATCH LINE MATCH LINE MAP BOOK PAGE N GRAPHIC SCALE 100 0 50 100 200 400 123.69' :o'7�_17' _21- 521.52' 109.00, 0. 310.48' 1 „ „/ WETLAND/BU FEER V 's0 w I 3' TRACT B w � °�° w°w �� 65576 LIFT STATION �`� �o'� PRESERVATION AREA �S I 2 p T J bo O SQUARE FEET 2 v o� `�D 135 L 1 39 L 1 SQU RE FEEET p W 0 tL6 00o ° I 3 �D�r�2�o L�3�/ 1 47 4O TOTAL BUFFER L5OOJ- � A6 0 1 43653 O L8 SQUARE FEET O z , 10.0'UTILITY EASEMENT J 5877�.1 1' j OL - ..... G21 20�4b' 69.64' v C -10.0' UTILITY �S0O O� / 2� �' EASEMENT .� O 44324 G20 $ 98929 \ SQUARE FEET S 88°51'57" W 31 5.09' s (� SQUARE FEET � j CS1 X60° G�<o 294.60'- - - - �� � �� � � 0 y�, T<i / 20.49' 4� - - L39 C51 2 < `S0 C, 0, 20 X6,.62 w"� ��� L37 �� LEGACY LANE 0 <� ' 0. 5\10 G� i ° s TRACT"A''(FRIVATE) �' 35�� � ° `�°�` (�'g GHQ 10 � G� .,•i- / q 1 � \ 0 ( IN FEET ) 1 inch = 100 ft. CURVE DELTA RADIUS ARC CHORD CHORD BEARING LL 21°15'13" 450.00' 166.93' 165.97' N 04°04'23" W C14 12°38'29" 425.00' 93.77' 93.58' N 08°22'45" W N O m 475.00' 105.96' N CO CD C16 _ 250.00' 451.90' 392.84' N 37°04'59" E C17 12°21'37" 275.00' 59.33' 59.21' IN 08°31'11" W C18 32°08'19" 275.00' 154.25' 152.24' N 13°43'48" E C19 18°29'38" 275.00' 88.77' 88.38' N 39°02'46" E W LL 275.00' 154.79' 152.75' N 64°25'02" E C21 08°19'29" W d' O N 84°42'13" E d 00 � 406.70' 353.55' N 37°04'59" E C23 43°46'12" z 210.08' (Y) I W 43°46'12" 250.00' 191.06' 186.44' S 69°14'56" E C25 43°46'12" z >_ 167.74' S 69°14'56" E C26 06°29'46" ., b cr_ D C27 35°45'18" 900.00' 561.64' 552.57' (Y) o C28 05°57'44" } 91.05' Z w C29 07°22'56" W 119.18' 119.10' cv C30 13°25'13" N 0 QO IS 34°41'30" E C31 O Ld 167.97' 167.75' S 28°13'54" E C32 16°22'22" 875.00' 250.04' Q C) C33 Z 925.00' 169.24' 0 S 17°50'38" E O 0 O 179.08' 173.95' N 47019'54" E C51 17012'19" 2 0� Z S 82031'54" E O U W o d � J MATCH LINE MATCH LINE MAP BOOK PAGE N GRAPHIC SCALE 100 0 50 100 200 400 123.69' :o'7�_17' _21- 521.52' 109.00, 0. 310.48' 1 „ „/ WETLAND/BU FEER V 's0 w I 3' TRACT B w � °�° w°w �� 65576 LIFT STATION �`� �o'� PRESERVATION AREA �S I 2 p T J bo O SQUARE FEET 2 v o� `�D 135 L 1 39 L 1 SQU RE FEEET p W 0 tL6 00o ° I 3 �D�r�2�o L�3�/ 1 47 4O TOTAL BUFFER L5OOJ- � A6 0 1 43653 O L8 SQUARE FEET O z , 10.0'UTILITY EASEMENT J 5877�.1 1' j OL - ..... G21 20�4b' 69.64' v C -10.0' UTILITY �S0O O� / 2� �' EASEMENT .� O 44324 G20 $ 98929 \ SQUARE FEET S 88°51'57" W 31 5.09' s (� SQUARE FEET � j CS1 X60° G�<o 294.60'- - - - �� � �� � � 0 y�, T<i / 20.49' 4� - - L39 C51 2 < `S0 C, 0, 20 X6,.62 w"� ��� L37 �� LEGACY LANE 0 <� ' 0. 5\10 G� i ° s TRACT"A''(FRIVATE) �' 35�� � ° `�°�` (�'g GHQ 10 � G� .,•i- / q 1 � \ 0 ( IN FEET ) 1 inch = 100 ft. CURVE DELTA RADIUS ARC CHORD CHORD BEARING C13 21°15'13" 450.00' 166.93' 165.97' N 04°04'23" W C14 12°38'29" 425.00' 93.77' 93.58' N 08°22'45" W C15 12°46'52" 475.00' 105.96' 105.74' N 04°04'23" W C16 03°34'02" 250.00' 451.90' 392.84' N 37°04'59" E C17 12°21'37" 275.00' 59.33' 59.21' IN 08°31'11" W C18 32°08'19" 275.00' 154.25' 152.24' N 13°43'48" E C19 18°29'38" 275.00' 88.77' 88.38' N 39°02'46" E C20 32°14'57" 275.00' 154.79' 152.75' N 64°25'02" E C21 08°19'29" 275.00' 39.96' 39.92' N 84°42'13" E C22 03°34'02" 225.00' 406.70' 353.55' N 37°04'59" E C23 43°46'12" 275.00' 210.08' 205.01' S 69°14'56" E C24 43°46'12" 250.00' 191.06' 186.44' S 69°14'56" E C25 43°46'12" 225.00' 171.89' 167.74' S 69°14'56" E C26 06°29'46" 925.00' 104.88' 104.82' S 44°06'56" E C27 35°45'18" 900.00' 561.64' 552.57' S 29°29'05" E C28 05°57'44" 875.00' 91.05' 91.01' S 44°22'58" W C29 07°22'56" 925.00' 119.18' 119.10' S 37°14'42" E C30 13°25'13" 875.00' 204.95' 204.48' IS 34°41'30" E C31 10°18'13" 925.00' 167.97' 167.75' S 28°13'54" E C32 16°22'22" 875.00' 250.04' 249.19' S 19°47'41" E C33 10°28'58" 925.00' 169.24' 169.00' S 17°50'38" E C50 47043'26" 215.00' 179.08' 173.95' N 47019'54" E C51 17012'19" 215.00' 64.56' 64.32' S 82031'54" E C52 105020'54" 25.00' 45.97' 39.67' S 44049'05" E C53 16001'15" 695.00' 194.33' 193.70' S 51051'29" E C54 10021'58" 695.00' 125.74' 123.57' S 36015'41" E C55 09004'20" 695.00' 110.05' 109.93' S 24007'07" E C56 17037'26" 285.00' 87.67' 87.32' S 56°10'31" E C57 141040'41" 25.00' 61.82' 47.23' N 68034'40" E C58 16°26'24" 65.00' 132.10' 110.51' N 55057'44" E C59 18004'04" 1 285.00' 89.87' 1 89.50' IN 82°06'01" 10.0' UTILITY -"/ X02 D.A.U.E. DRAINAGE, ACCESS, &UTILITY EASEMENTEASEMENT 6 142302 47601 O_� OO 7SQUARE FEET SQUARE FEET �E. °EOF � °.P �5� 44336 S - D.A-U.C- �� v` J� �� 30 EPG o SQUARE FEET U I 2 V �� oOPG���° �CJ�S (2�°AO �' O 30.0' D.A.U.E. O e N IV 15.(Y EACH SIDE OF LOT LINE 7 le 50.00' 29 CD S 89° 16 12" W co c9 � oq � rn A _ o 187.21' J �� / v� F' lJ ' 2 ® 68221„X 43670 O OSQUARE FEET SQUAREFEETPH°2v z_ F�ooD N� C) OODZo C$1 �N2' 0 E Cly 30 0' E 'c S �� L50 0. 35%o'O N °O C V 2 6 V m F i 11 44020 og /GFLOOD � SQUARE FEET O j L0 L O \ 9 / 2�, ; FLOOD ZNE N o rW O O N69°26?� I / 30.0' D.A.U. E. 05 121526 O ` n tj� 0 43712 5.0' EACH SIDE OF LOT LINE SQUARE FEET � m71 / �1 lA W SQUARE FEET ry 0" E J `6k �` �' �' / ❑ DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETE S 891'16'12" W 18'0 � ��- � 109763 � / `/ N73o �2 SQUARE FEET S `N MONUMENT W/ IRON ROD (NO IDENTIFICATION) RECOVERED 233.28' 0 1_12A 309 p2 r ° N53 1 1 rn 6 1�' ■ DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETE j �N \ o 4Tu) L156 r5s �' 26S MONUMENT W/ DISK "PRM -LB 7220" SET N x'123 < X60 DENOTES 5/8" IRON ROD WITH CAP "LB 7220" SET 8 j`Jr' h\ aJP -<� \159�6r r DENOTES PERMANENT REFERENCE MONUMENT - 4" X 4" CONCRETE 43754 0 0 n L58 N MONUMENT W/ DISK "PLS 2027" RECOVERED SQUARE FEET w c� \�o N L55 0 DENOTES PERMANENT CONTROL POINT -MASONRY NAIL 0 o rn °' N 83°58 35 E w W/ DISK "PCP -LB 7220" SET N S 89° 1 6' 1 2" W 2 o\ 567.68' LEGEND &ABBREVIATIONS Allen Campbell & 265.62' 91669 Zm m (P) Plat PC Point of Curvature C/L Centerline Q Delta Associates Inc. SQUARE FEET r`� IN N � E E SHEET � (D) Description PT Point of Tangency P/L Property Line R Radius � N(M) Measured P/P Power Pole RCP Reinforced Concrete Pie L Arc Length N L 1 19 ° � \ � C Calculated p g Professional Surveying &Mapping J ( ) O/U Overhead Utilities CMP Corrugated Metal Pipe C Chord LB NO. 7220 SEE,SHEET 2 ,,,-L26(PR) Prorated LB Licensed Business TBM Temporary Bench Mark T Tangent S 83°26,4,6„ E 209.36 (R) Radial R/W Right of Way Cb Chord Bearing 308 North Causeway 380.84' (NR) Non -Radial 6 Fire Hydrant M.B. MaptiBookevation PG Page PCP Permanent Control Point POC Point of Commencement PRM Permanent Reference Monument New Smyrna Beach, Florida 32169 SHEET 4 OF 4 POB Point of Beginning USC & GS United States Coast & Geodetic Survey Office: (386) 428-2218 NGVD National Geodetic Vertical Datum PLS Professional Land Surveyor F.I.R.M. Federal Insurance Rate Ma File #: ZA-1802, Version: 1 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: ZA-1802 - E.V. LaCour, requesting to amend and restate the Oak Leaf Preserve RPUD (Residential Planned Unit Development Agreement). OWNER: Old Mission Key, LLC REQUESTED ACTION: Recommendation to City Council to repeal and restate the approved Oak Leaf Preserve RPUD Agreement. LOCATION: East of Old Mission Road; north of Massey Road, and south and east of Mission Oaks Mobile Home Condo. AREA: 173.471± acres PROPOSED USE: Single Family Residential Subdivision CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential with Conservation Overlay and Conservation ZONING DISTRICT: RPUD (Residential Planned Unit Development) VOTING DISTRICT: 1 SURROUNDING AREA: City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM Current Land UseFLUMDesignation ZoningDistrict North Vacant, Manufactured Homes, Medium Density Residential RPUD (Residential Planned Unit and Single Family Residential with Conservation Overlay and Development, Volusia County MH -5 Conservation; Volusia County (Urban Mobile Home), RC Low Impact Urban, (Resource Corridor), and A-3 Environmental Systems Corridor (Transitional Agriculture) East Vacant and Single Family Volusia County Urban Medium Volusia County MH -5 (Urban Residential Intensity and Low Impact Urban Mobile Home), RC (Resource Corridor), and A-3 (Transitional Agriculture) outhacant and Trail Industrial, Volusia County Low I-1 (Light Industrial), Volusia Impact Urban County RC (Resource Corridor), and A-3 (Transitional Agriculture) City of Edgewater Page 1 of 2 Printed on 5/4/2018 powered by LegistarTM File #: ZA-1802, Version: 1 West Single Family Residential Volusia County Low Impact Volusia County MH -5 (Urban Urban Mobile Home), RC (Resource Corridor), and A-3 (Transitional Agriculture) Background: A PUD Agreement for the subject property was previously approved on March 7, 2005 and the preliminary plat was approved by City Council on December 19, 2005. All TRC comments pertaining to the construction plans were satisfactorily addressed in 2008; final approval was pending receipt of the Army Corps of Engineers Permit. The new applicant purchased the property in February, 2018 and has requested changes to the approved PUD Agreement. Proposed changes to the Agreement include, but are not limited to: • Reduction of lots - from 450 to 375 • Reduced lot size from 75' x 120' or greater to 50' x 120' or greater • Include piping for future reclaimed water service • Addition of a second emergency access road • Partially gated subdivision versus fully gated Land Use Compatibility: The proposed single family subdivision is compatible with the surround residential area. Adequate Public Facilities: Required infrastructure, including but not limited to utilities and roads are addressed in the PUD Agreement and shall be constructed by the Developer prior to platting. Facilities shall be dedicated to the appropriate agency or Homeowner's Association upon platting. Comprehensive Plan Consistency: The proposed development is consistent with the Low Density Residential Future Land Use designation and will be within the maximum four (4) dwelling units per acre permitted. Environmentally sensitive areas, including land designated as Conservation are addressed in the Master Plan. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for ZA-1802. City of Edgewater Page 2 of 2 Printed on 5/4/2018 powered by LegistarTM I 0 9, S. JO �N EDGEWATEIZ ®Subject Property i Dr. Dare: siano,s \ "ice �♦ � \` N. O ,I y OMW EDGEWATER Subject Property 01 Micr•s•ft rp•rati•n 01 Di.•ibal�l•b �. NE= (01 ) Distribu4i•n Ell oarea/ano,e Airbus D PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT OAK LEAF PRESERVE SUBDIVISION REPEALED AND RESTATED THIS AGREEMENT is made and entered into this day of , 2005 by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose mailing address is P. 0. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as "City') and OLD MISSION KEY, LLC., a Florida Limited Liability Company, with E.V. LaCOUR as the manager whose address is 200 Charles Street, Port Orange, FL 32129 (hereinafter referred to as 'Developer'). The purpose of this Agreement is to amend and restate that certain Planned Unit Development (PUD) Agreement for Oak Leaf Preserve Subdivision dated March 5, 2015 and recorded in official Records Book 5518, page 1776 of the Public Records of Volusia County, Florida and define the terms and conditions granting the amended 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 173.471 ± acres located east of Old Mission Road, north of the Florida East Coast ('FEC') Railroad, south and east of Mission Oaks Mobile Home Condo, within 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 Old Mission Key, LLC, with E.V. LaCour as its Manager. 2. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and run with the land. The Developer shall commence construction of Oak Leaf Preserve, as defined by the Master Plan, dated March Oak Leaf Preserve PUD Agreement 1 Repealed & Restated 29, 2018 (Exhibit "B" included herein), within five (5) years of the effective date of this Agreement. Developer's failure to initiate construction within the time frame identified herein may result in the City's termination of the Agreement. Commencement of construction means to begin performing onsite modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastewater, fabrication, erection or installation of a treatment facility or a transmission system for the conveyance of potable water. The City, at its sole option, may extend the duration of this Agreement. This development must be consistent with the Master Plan and which 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, stormwater, traffic, streetlights, fire rescue, hydrants, law enforcement, sidewalks, environmental, solid waste containment, and planning elements, including landscaping, signage and pavement marking. 3. DEVELOPMENT USES PERMITTED The Developer hereby agrees to develop the property subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code. The Developer further agrees that all development will be consistent with the Oak Leaf Preserve Master Plan dated March 29, 2018 (Exhibit "B"). Oak Leaf Preserve shall be developed consistent with the City's development procedures. Final project approval may be subject to change based upon final environmental, permitting, and planning considerations. Use of the property will be as follows: A. Average Lot Size/Unit Count Oak Leaf Preserve shall not exceed a total of 375 dwelling units. The 375 single family lots are planned to be 50' x 120' or greater. Based on the Preliminary Plat approval, the total Oak Leaf Preserve PUD Agreement 2 Repealed & Restated number of units may vary but the maximum residential units allowed for the Oak Leaf Preserve Subdivision shall not exceed three (3) dwelling units per gross acreage or a maximum of 375 units. No lot will exceed a maximum building coverage of sixty percent (60%) with a maximum impervious coverage of seventy percent (70%). B. Minimum Single Family House Square Footage The minimum house square footage for the residential units shall consist of not less than 1,300 square feet living area. Each single family residence will have a minimum of a two (2) car enclosed garage. No carports shall be allowed. C. Minimum Yard Size and Setbacks: Front 25' Rear 20' Side 5' Side Comer 15' Maximum Height 35' Utility Easements 10' front, 5' sides Wetlands 25' average Swimming Pools Rear - 7.5' to pool deck edge and enclosures Side -5' D. Roads There shall be one (1) access road entrance permitted from Old Mission Road to service the subdivision with a minimum dedicated right-of-way width of fifty feet (50') with twenty four -feet (24') of pavement, including curb and gutter, constructed pursuant to the City's Standard Details. Oak Leaf Preserve PUD Agreement 3 Repealed & Restated A north bound right -tum lane shall be constructed along Old Mission Road which shall meet all minimum FDOT and/or Volusia County specifications. A south bound left tum lane providing a minimum of one hundred eighty five (185) feet of storage shall be required along Old Mission Road. A twenty -foot (20') paved and gated emergency access road will be permitted into the development from Massey Road to serve as emergency access to the subdivision to Massey Road with a minimum right-of-way of fifty feet (50') for any portion located within the public right- of-way, including a ten foot (10') public utility easement along the east or west side of the road. An emergency ingress, equipped with a Knox box and a radio controlled system, such as Click2Enter, gate will be provided at this entrance. This emergency access to the subdivision will initially be constructed using stabilized soils, limestone or other material approved by the City and paved by Developer upon the development of Phase 3 of the subdivision. An additional emergency access road is permitted from the northern terminus of Gateway Drive North to Oak Leaf Preserve. However, this access will be gated and only used in emergency situations; and will be considered private and maintained by the Homeowners' Association ('HOA'). All roadways within the development shall have a minimum right-of-way width of at least fifty (50') feet and shall meet City of Edgewater Standards. All private roadways within the development shall be gated and maintained by the HOA. All other streets shall be dedicated to the public. E. Stonriwater Management The Detention Pond(s) will meet the requirements of the St. Johns River Water Management District and the City's Land Development Code. The pond(s) are approximately Oak Leaf Preserve PUD Agreement 4 Repealed & Restated twenty-five (25) acres and will be owned and maintained by the HOA. Developer is required to provide an outfall to a publicly owned or controlled drainage conveyance system, and obtain an off-site drainage easement if necessary. F. Signage All subdivision signage will be located within common areas along the main entrance road (not within public right-of-way) to the subdivision and must meet all requirements of the Land Development Code. A written easement dedicated to the HOA must be recorded for the location of the sign. Developer shall dedicate all sign locations to the HOA. G. Trees There shall be a minimum of four (4) trees per each single family home building lot. Trees shall be 21/2" in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit "C" - Trees. A tree survey was provided with the original approval. The purpose of the tree survey shall be to determine the number of specimen and historic trees and to determine the tree mitigation requirements. The tree mitigation for this project is $100,344.20 and paid to the City upon application for a clearing permit for the Development. Statistical tree survey information may be considered at the discretion of the Development Services Director. However, such statistical surveys shall be limited to sites containing 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. Oak Leaf Preserve PUD Agreement 5 Repealed & Restated H. Irrigation Common areas and the entrance medians will be irrigated by wells or from a surface water system upon proper permitting and approval. All irrigation must comply with all Volusia County Waterwise Landscaping and Irrigation Standards. Piping for future reclaimed water irrigation shall be installed by the Developer. Initially, the irrigation/reclaimed water system will be provided by onsite irrigation wells or lake withdrawal until such time reclaimed water is available to the Development. I. Environmental Constraints A majority of the property contains the Conservation Overlay Future Land Use Designation and a portion of the Property contains a Conservation Future Land Use. Any potential development within these areas must comply and be consistent with the Conservation Overlay Standards and/or Conservation 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 Biological Research Associates 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 house/dwelling unit. K. Entrance to Subdivision Due to the limited existing right-of-way in the vicinity of the proposed subdivision, there shall be three (3) entrances: one public right-of-way connected to Old Mission Road and two (2) Oak Leaf Preserve PUD Agreement 6 Repealed & Restated private emergency access entrances, one connected to Massey Road and the other connected to East Gateway Drive North L. Declaration of Covenants, Conditions and Restrictions The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and By -Laws for the Homeowners Association will be recorded in the public records of Volusia County at the time the final plat for Oak Leaf Preserve is recorded. M. Easements Easements for rear yard construction purposes shall be located between every other lot and shall have a width of ten (10') feet, being five (5) feet on each side of the lot Imes 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. Landscaping Landscaping and irrigation plans must be submitted with final construction plans. O. Model Homes and/or Temporary Construction/Sales Offices 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 Development. 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: L Provision for fire protection, including testing and approval of the water Oak Leaf Preserve PUD Agreement 7 Repealed & Restated system by the Florida Department of 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. 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 lot is developed within the subdivision in the following locations and numbers: i The maximum height of any "banana" flags shall be eight feet (8'). The number of such "banana" flags shall not exceed four (4) and shall be permitted at the entrance of the Development on private/common property and prohibited in the public right-of-way of Old Mission Road and site triangle Oak Leaf Preserve PUD Agreement 8 Repealed & Restated area as outlined in the Land Development Code. ii. A flag pole shall be allowed at each sales office to display one (1) flag of the United Stated of America and one (1) logo flag of the builder. Flags shall have a maximum six of 4 feet by 6 feet. iii. Each model home may have a ground based sign, not to exceed 20 -square feet, indicating "Model Home". iv. Each sales office may have a maximum of two (2) flags or signs 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 (2) special builder events shall be allowed in any calendar quarter. 4. FUTURE LAND USE AND ZONING DESIGNATION The Land Use designation for Oak Leaf Preserve is Low Density Residential with Conservation Overlay and Conservation. The zoning designation for Oak Leaf Preserve is RPUD (Residential Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for RPUD are applicable to the development of the property and consistent with the adopted Land Development Code and City's Comprehensive Plan. 5. PUBLIC FACILITIES A. Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable system at the nearest point of connection with a minimum of twelve inch (12') PVC water main to the nearest Oak Leaf Preserve PUD Agreement 9 Repealed & Restated entrance of the subdivision. In the event the City requires the installation of oversized Imes 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 main distribution system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting or in accordance with the requirements contained in the Land Development Code as it relates to performance bonds. B. Developer agrees to connect to and utilize the City's wastewater transmission and collection system. All wastewater collection and transmission system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting or in accordance with the requirements contained in the Land Development Code as it relates to performance bonds. C. The City has determined that reclaimed water may be available in the foreseeable future. Therefore, the Developer shall construct a central reclaimed water irrigation distribution system constructed to City standards and convey 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 in accordance with the requirements contained in the Land Development Code as it relates to performance bonds. Water will be provided initially by onsite irrigation wells, potable water, or surface water withdrawal until reclaimed water is available to the Development and all irrigation systems shall be approved by all Oak Leaf Preserve PUD Agreement 10 Repealed & Restated applicable regulatory agencies. D. Developer agrees to provide, at no cost to the City, all required utility easements (on and off site) for drainage and utility service consistent with this provision. E. All utility services will be underground. F. Off-site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes) required by Volusia County and the City for Old Mission Road to enable project approval based on transportation requirements are the Developer's responsibility and shall meet all City, County and/or State requirements and approvals, as depicted on the Construction Plans. G. Impact fees for each dwelling unit will be paid in accordance with the following schedule: 1. Water, Sewer, Utility Connection Fees, Police, Fire, Parks and Recreation, Road and Transportation Impact Fees - Paid to City by applicant at the time Building Permit application is filed with the City for the construction of a single family dwelling. 2. Volusia County Road and School Impact fees - 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 Oak Leaf Preserve PUD Agreement 11 Repealed & Restated are available concurrent with the impacts of the development. J. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review and construction inspection related to the Oak Leaf Preserve development approval and the review and approval of the final plat. K. The developer shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system. 4. Reclaimed water distribution system. 5. All required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All signage shall comply with Florida Department of Transportation (FDOT) standards. 6. Developer is responsible for the costs of recording the plat upon approval by the City of Edgewater. 7. Bonds - A Performance Bond, Tri -Party Agreement or Letter of Credit, shall be 110% of the costs of all requirement remaining improvements at the time of the recording of the Final Plat. A Maintenance Bond equal to 10% of the cost of the water, sewer and reclaimed water improvements shall be provided to the City at the time issuance of a Certificate of Completion. The Maintenance Bond shall be in effect for a two (2) year period or as currently required in the Land Development Code. 8. Sidewalks shall be constructed on both sides of the streets/roadways within the Oak Leaf Preserve PUD Agreement 12 Repealed & Restated Development and have a n fimum width of five feet (5') except for the front entrance for the Development which will have a six foot (6') sidewalk on the south side only. 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 sidewalks. 9. Streetlights shall be maintained by the HOA and Developer agrees to request installation of the street lights from the New Smyrna Utilities Commission within thirty (30) days of Construction Plan approval and will forward proof of sane to the City. L. Recreational Facilities and Open Space The developer agrees to provide no less than two (2) passive neighborhood parks and one (1) clubhouse pursuant to the Master Plan (Exhibit "B") which shall be constructed prior to the commencement of construction of Phase 2 of the Development. 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. 6. DEVELOPMENT PHASING The Development shall be constructed in phases in accordance with the Phasing Plan attached hereto as Exhibit "D". Each phase shall be separately platted. Oak Leaf Preserve PUD Agreement 13 Repealed & Restated 7. 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. 8. DEDICATION OF LAND FOR PUBLIC PURPOSES The Developer shall convey to the City of Edgewater, by warranty deed or plat dedication all public rights -of -ways, roadways, utility easements as required, free and clear of all liens and encunnbrances; and provide a title opinion to evidence compliance with same. Due to the subdivision being a partially gated community, the private road ways will not be conveyed to the City. Oak Leaf Preserve has designated sixty (60) acres (plus or minus) or thirty-five percent (35%) of the project, as open space, conservation, etc., to be maintained by the HOA or other approved entity. Open space is determined as any parcel or area of land or water set aside, reserved or dedicated for the use and enjoyment of all owners and occupants of the project. Usable common space shall include area(s) readily accessible and generally acceptable for active or passive recreational use. Open space shall not include required setback areas or contain structures or right-of-ways other than those intended for landscape or recreational purposes. 9. PERMITS REQUIRED The Developer will obtain the required development permits or letters of exemption. Permits may include but not be limited to the following: 1. Volusia County Use Permit„ Department of Environmental Protection, Florida Department of Health, St. Johns River Water Management District, Army Corps of Engineers, Florida Fish and Wildlife Conservation Commission, and Volusia County. Oak Leaf Preserve PUD Agreement 14 Repealed & Restated 2. City of Edgewater — Amended RPUD Agreement, Revised Subdivision Plat approval, Revised Subdivision Construction Plan approval, all applicable clearing, removal, construction and building permits. 3. This site may require a Volusia County Environmental Permit. 4. 100 year flood elevation for this site is 6.3 feet; minimum finished floor elevation shall be twelve inches (12') above the 100 year elevation. 10. DEVELOPMENT REQUIREMENTS 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, or as expressly provided or in this Agreement. Development standards shall be those of the City as set forth in the Land Development Code, except as otherwise set forth in this Agreement or as designated on the construction plans approved by the City. Developer shall establish a mandatory HOA for the purpose of maintaining the common areas and enforcing applicable covenants and restrictions. The mandatory HOA will also be responsible for the streetlight requirements that result from the project including payment to New Smyrna Beach Utilities Commission for installation, maintenance and power consumption and the maintenance of the stormwater areas, retention areas, all common areas and any designated easement areas within the Oak Leaf Preserve Subdivision, common area tracts as depicted on the Oak Leaf Preserve PUD Agreement 15 Repealed & Restated plat, and private streets within the gated commxuuty. 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. 11. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. 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 the remedies provided below. 13. PERFORMANCE GUARANTEES During the term of this Agreement regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to this Agreement. 14. BINDING EFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land Oak Leaf Preserve PUD Agreement 16 Repealed & Restated and shall be administered in a manner consistent with the laws of the State of Florida. 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 REVIEW The City shall review the development subject to this Agreement every 12 -months, commencing 12 -months after the date of this Agreement to determine if there has been good faith compliance with the terms of this Agreement. 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 right 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 be deemed in default hereof~ and City shall invoke no remedies, if Developer commences in good faith to cure the default within thirty (30) days after receipt of City's notice, and thereafter cures the default within ninety (90) days. 17. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. Oak Leaf Preserve PUD Agreement 17 Repealed & Restated 18. TIME OF THE ESSENCE Time is hereby declared of the essence to 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. 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 efrectuate 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 attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and Oak Leaf Preserve PUD Agreement 18 Repealed & Restated 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 shall 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. ATTEST: Robin L. Matusick City Clerk/Paralegal Oak Leaf Preserve PUD Agreement 19 Repealed & Restated CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Michael Ignasiak Mayor Witnessed by: STATE OF FLORIDA COUNTY OF DEVELOPER OLD MISSION KEY, LLC LM E.V. LaCour, it's Manager The foregoing instrument was acknowledged before me on this 2018, by me or has produced an oath. Notary Public Stamp/Seal Oak Leaf Preserve PUD Agreement 20 Repealed & Restated day of who is personally known to as identification and who did (did not) take EXHIBIT "A" LEGAL DESCRIPTION PARCEL I (MISSION OAKS) Lands described in O.R. Book 2319, Page 1957, of the Public Records of Volusia County, Florida, Less and Except Mission Oaks, Phase One and Three B, according to the Declaration of Condominium, as recorded in OR. Book 2417, Page 1341, of the said Public Records of Volusia County. Said lands also being described as Phases Two and Three A, Mission Oaks, according to the Condominium Book 38, Pages 181-184, of the said Public Records of Volusia County, Florida, being more particularly described as follows: Beginning at the Southeast corner of said Mission Oaks, said point also being the Northeast corner of Lot 12, Map of the South Third of Ambrose Hull Grant, according to the Plat thereof, as recorded in Plat Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive of the said Public Records of Volusia County, said point being the POINT -OF - BEGINNING; thence South 69°07'59" West along the North fine of said Lot 12; a distance of 2,053.60 feet; thence run along the East line of Phase One of said Mission Oaks for the following five calls: North 20°52'01" West, a distance of 420.00 feet; thence North 69°07' 59" East, a distance of 220.00 feet; thence North 20°52'01" West, a distance of 330.00 feet; thence South 69°07'59" West, a distance of 220.00 feet; thence North 20°52'01" West, a distance of 270.73 feet; thence North 69°11'24" East along the North line of said Mission Oaks, a distance of 2,050.60 feet to the East line of said Mission Oaks; thence South 21°02'09" East along the East line of said Mission Oaks, a distance of 1,018.70 feet to the POINT -OF -BEGINNING. PARCEL 2 (MASSEY - PARCELS A AND B) PARCEL A: A portion of lands described in O.R. Book 2300, pages 1740-1748 together with lands described in OR. Book 3012, Page 0445 and OR Book 2510, Page 1873, inclusive the Public Records of Volusia County, Florida, said lands being a portion of Lots 11, 12 and 13, Map of the South Third of Ambrose Hull Grant, according to the plat thereof; as recorded in Plat Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive the Public Records of Volusia County, Florida, lying in Section 53, Township 17 South, Range 34 East and Section 36, Township 17 South, Range 33 East, of said Volusia County, being more particularly described as follows: Commence at the Northeast corner of said Lot 12, said point also being the Southeast corner of Mission Oaks, according to the plat thereof as recorded in Plat Book 38, Pages 181-184, of the said Oak Leaf Preserve PUD Agreement 21 Repealed & Restated Public Records of Volusia County; thence South 69°07'59" West along the North line of said Lot 12 and the South line of said Mission Oaks, a distance of 1,195.01 feet to the West line of the East 1195 feet of said Lot 12, said point being the POINT -OF -BEGINNING; thence South 21°02'59" East along the said West line of the East 1,195 feet, a distance of 1,224.26 feet to a point lying 1,250 feet (by perpendicular measurement) from the North Right -of -Way line of Massey Road (a 50 foot wide County Road Right -of -Way lying North of and adjacent to the Florida East Coast Rail Road Right -of -Way); thence South 67°53'13" West parallel to said Massey Road, a distance of 545.09 feet to the West lime of the East 1,740 feet of said Lots 12 and 13; thence South 21°02'59" East along said West line of the East 1,740 feet of said Lots 12 and 13, a distance of 250.04 feet to a point lying 1,000 feet (by perpendicular measurement) from the said North Right -of -Way line of Massey Road; thence North 67'53'13" East parallel to said Massey Road, a distance of 817.64 feet to the West lime of the East 922.5 feet of said Lot 13; thence South 21°02'59" East along said West line of the East 922.5 feet of said Lot 13; a distance of 1,000.17 feet to the said North Right -of - Way lime of Massey Road; thence South 67'53'13" West along said North Right -of -Way line, a distance of 2,546.83 feet to the Southeast corner (as presently monumented and occupied) of lands described in O.R. Book 1871, Page 1900, of the said Public Records of Volusia County; thence North 09°59'35" West along the East line (as presently monumented and occupied) of said O.R Book 1871, Page 1900, a distance of 295.75 feet; thence North 18°29'09" West along the said East line (as presently monumented and occupied) of said OR. Book 1871, Page 1900, a distance of 99.60 feet to the Northeast corner of said OR. Book 1871, Page 1900 and the Southeast corner of lands described in O.R. Book 3944, Page 4176, of the said Public Records of Volusia County (as presently monumented and occupied); thence North 23'39'17" West along the East line of said O.R Book 3944, Page 4176 (as presently monumented and occupied), a distance of 411.74 feet to the Northeast corner of said O.R. Book 3944, Page 4176 (as presently monumented and occupied); thence North 12°37'56" West along the Southerly extension of the East line (as presently monumented and occupied) of lands described in O.R. Book 4556, Page 2163, of the said Public Records of Volusia County, a distance of 622.05 feet to the Northeast corner (as presently monumented and occupied) of said O.R. Book 4556, Page 2163 said point also being the Southeast corner (as presently monumented and occupied) of lands described in O.R. Book 2908, Page 0549, of the said Public Records of Volusia County; thence run along the East line (as presently monumented and occupied) of said O.R. Book 2908, Page 0549 for the following four calls: North 10°04'20" East, a distance of 121.37 feet; thence North 06°01'02" East, a distance of 147.71 feet; thence North 04°04'43" East, a distance of 108.48 feet; thence North 09°41'55" West, a Oak Leaf Preserve PUD Agreement 22 Repealed & Restated distance of 14.86 feet to the Northeast corner of said O.R. Book 2908, Page 0549; thence South 58°09'00" West, along the North line and its Westerly extension of said O.R. Book 2908, Page 0549, a distance of 639.41 feet to the proposed East Right -of -Way line of Old Mission Road (as shown on Volusia County Right -of -Way Map Project #4338); thence North 13°23'09" West along the said proposed East Right -of -Way line, a distance of 295.77 feet to a point on the Westerly extension of the South line of lands described in O.R. Book 3257 Page 0922, of the said Public Records of Volusia County; thence North 61°10'44" East along said Westerly extension and the South line (as presently monumented and occupied) of said O.R. Book 3257 Page 0922, a distance of 642.28 feet to the Southeast corner (as presently monumented and occupied) of said O.R. Book 3257, Page 0922; thence North 13°28'46" West along the East line (as presently monumented and occupied) of said OR. Book 3257 Page 0922, a distance of 502.14 feet to a point on the said South line of said Mission Oaks and the North line of said Lot 12; thence North 69°07'59" East along said South and North line, a distance of 1,847.56 feet to the POINT -OF -BEGINNING. PARCEL B: A portion of lands described in O.R Book 2300, Pages 1740-1748, recorded in the Public Records of Volusia County, Florida, said lands being a portion of Lots 12 and 13, Map of the South Third of Ambrose Hull Grant, according to the plat thereof, as recorded in Plat Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive the Public Records of Volusia County, Florida, lying in Section 53, Township 17 South, Range 34 East and Section 36, Township 17 South, Range 33 East, of said Volusia County, being more particularly described as follows: Commence at the Northeast corner of said Lot 12, said point also being the Southeast corner of Mission Oaks, according to the Map thereof as recorded in Condominium (Plat )Book 38, Pages 181- 184, of the said Public Records of Volusia County; thence South 69°07'59" West along the North line of said Lot 12 and the South line of said Mission Oaks, a distance of 600.00 feet to the West line of the East 600 feet of said Lot 12, said point being the POINT -OF -BEGINNING; thence South 21°02'59" East along the said West line of the East 600 feet, a distance of 2,461.53 feet to the North Right -of -Way line of Massey Road (a 50 foot wide County Road Right -of -Way lying North of and adjacent to the Florida East Coast Rail Road Right -of -Way); thence South 67°53'13" West along said North Right -of - Way line, a distance of 50.01 feet to the West line of the East 650 feet of said Lot 13; thence North 21°02'59" West along said West line of the East 650 feet of said Lot 13, a distance of 1,000.17 feet to a point lying 1000 feet (by perpendicular measurement) from the said North Right -of -Way line of Massey Road; thence South 67'53'13" West parallel to said Massey Road, a distance of 1,090.19 feet Oak Leaf Preserve PUD Agreement 23 Repealed & Restated to the West line of the East 1740 feet of said Lots 12 and 13; thence North 21°02'59" West along said West line of the East 1740 feet of said Lots 12 and 13, a distance of 50.01 feet to a point lying 1,050 feet (by perpendicular measurement) from the said North Right -of -Way line of Massey Road; thence North 67°53' 13" East parallel to said Massey Road, a distance of 1,090.19 feet to the West line of the East 650 feet of said Lot 12; thence North 21°02'59" West along said West line of the East 650 feet of said Lot 12, a distance of 1,412.44 feet to a point on the said South line of said Mission Oaks and the North line of said Lot 12; thence North 69°07'59" East along said South and North line, a distance of 50.00 feet to the POINT -OF -BEGINNING. Oak Leaf Preserve PUD Agreement 24 Repealed & Restated EXHIBIT "B" MASTER PLAN 0000� oo a o 1� -7��r EXH B T B PARKER & ASSOCIATES, INC.G PW)E LSSIDNAL LNUINi L.RS r LAND—SUAPI, ARCI I[ Ik'.: `• 1729 RIDGEWOOD AVENUE HOLLY HILL, FLORIDA 3^tri (W) 47]—W1 cAX {]4E) 4]T-9114 6— L: v.fq�p411tvmyeen«rby �...n: Oak Leaf Preserve PUD Agreement 25 Repealed & Restated EXHIBIT "C" TREES Common Name Botanical Name Inches (DBH) Elm Uhnus spp. 12 plus Hickory Carya spp. 12 plus Loblolly Bay Gordonia lasianthus 12 plus Magnolia Magnolia grandiflora 12 plus Maple Acer spp. 12 plus Other Oak Species Quercus spp. 12 plus Red Bay Persea borbonia 12 plus Red Cedar Juniperus silicicola 12 plus Swamp Bay Persea palustris 12 plus Sweet Bay Magnolia virgimana 12 plus Sweet Gum Liquidambar styraciflua 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 elhottii 18 Plus Longleaf Pine Pinus palustris 18 Plus Oak Leaf Preserve PUD Agreement 26 Repealed & Restated EXHIBIT "D" PHASING PLAN .I I, j IJJ .I .I IL l*:4I'Il:INEi] Oak Leaf Preserve PUD Agreement 27 Repealed & Restated OAK LEAF PRESERVE PHASING PLAN PARKER MYNCHENBERG & ASSOCIATES, INC. PROFESSIONAL ENGINEERS ' I MnC.:•PF .ARCHITECTS T779 RIDGEWOQ() .AVE'NLJE HOLLY Hill, :II (4.) 6]]-6891 F- ('V.) 6F]— l" F— ': it ioo„�•erfm.m«9.�-, Robin L. Niatusiek. Paralegal LEGAL A T D -EP A D T -ME PT CITY OF EDGEMIATE P.O. Box inn Edgewater-, Z 2 01 00 'Fer Reee ci7 D,.,,.,,. ,,.g O l,. PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT OAK LEAF PRESERVE SUBDIVISION REPEALED AND RESTATED 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. 0. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as "City") and OAK LEAF PRESERALE, OLD MISSION KEY, LLC., a Florida Limited Liability CompanX, with P. M1eha^' EvansE.V. LaCOUR as the atithofized age44mAnager whose address is 1682 Al. Hibiscus veulevafd, N4elbourn Florida 3 200 Charles Street, Port Orange, FL 32129 (hereinafter referred to as 'Developer"). The purpose of this Agreement is to amend and restate that certain Planned Unit Development(PUD) greement for Oak Leaf Preserve Subdivision dated March 5, 2005 and recorded in Official Records Book 5518, page 1776 of the Public Records of Volusia CountL Florida and define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set (Agreement/Zoning — Oak Leaf Preserve) 1 ••. STP Robin L. Niatusiek. Paralegal LEGAL A T D -EP A D T -ME PT CITY OF EDGEMIATE P.O. Box inn Edgewater-, Z 2 01 00 'Fer Reee ci7 D,.,,.,,. ,,.g O l,. PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT OAK LEAF PRESERVE SUBDIVISION REPEALED AND RESTATED 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. 0. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as "City") and OAK LEAF PRESERALE, OLD MISSION KEY, LLC., a Florida Limited Liability CompanX, with P. M1eha^' EvansE.V. LaCOUR as the atithofized age44mAnager whose address is 1682 Al. Hibiscus veulevafd, N4elbourn Florida 3 200 Charles Street, Port Orange, FL 32129 (hereinafter referred to as 'Developer"). The purpose of this Agreement is to amend and restate that certain Planned Unit Development(PUD) greement for Oak Leaf Preserve Subdivision dated March 5, 2005 and recorded in Official Records Book 5518, page 1776 of the Public Records of Volusia CountL Florida and define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set (Agreement/Zoning — Oak Leaf Preserve) 1 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 173.471 ± acres located east of Old Mission Road, north of the Florida East Coast ("FEC") Railroad, south and east of Mission Oaks Mobile Home Condo, within 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 Oak Leaf Pr-esefve-,4aeOld Mission Key, LLC., with P. Miehael hvansE.V. LaCour as theifits auther-ized age„+Manager. 2. DURATION OF AGREEMENT The duration of this Agreement shall be perpetual and run with the land. The Developer shall commence construction of Oak Leaf Preserve, as defined by the Master Plan, dated March 209-529, 2018 (Exhibit "B" included herein), within ene (1` yeaf of required „ �i* approvals for- this pr-ejeet or- within eighteen (18) five(5) .' of the effective date of this Agreement, . Developer's failure to initiate construction within the time frame identified herein may result in the City's termination of the Agreement. Commencement of construction means to begin performing onsite modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastewater, fabrication, erection or installation of a treatment facility or a transmission system for the conveyance of potable water. The City, at its sole option, may extend the duration of this Agreement. This development must be consistent with the Master Plan and which 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, stormwater, traffic, streetlights, fire rescue, hydrants, law enforcement, sidewalks, environmental, solid waste (Agreement/Zoning — Oak Leaf Preserve) 2 containment, and planning elements, including landscaping, signage and pavement marking. 3. DEVELOPMENT USES PERMITTED The Developer hereby agrees to develop the property subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code. The Developer further agrees that all development will be consistent with the Oak Leaf Preserve Master Plan dated March 7, 200529, 2018 (Exhibit "B"). Oak Leaf Preserve shall be developed consistent with the City's development procedures. Final project approval may be subject to change based upon final environmental, permitting, and planning considerations. Use of the property will be as follows: a. Average Lot Size/Unit Count Oak Leaf Preserve shall not exceed a total of 45375 dwelling units. The 375 single family lots are planned to be 50' x 120' orreg ater. Based on the Preliminary Plat approval, the total number of units may vary but the maximum residential units allowed for the Oak Leaf Preserve Subdivision shall not exceed three (3) dwelling units per gross acreage or a maximum of 450-375 units. No lot will exceed a maximum building coverage ofsixty percent (5060%) with a maximum impervious coverage of seventy--4ve6 percent (7-5-70 %). MINI .. MEM b. Minimum Single Family House Square Footage The minimum house square footage for 400 -the residential units shall consist of not less than 1,300 square feet living area and no e than 50 residential tmits shall eonsist of no les (Agreement/Zoning — Oak Leaf Preserve) 3 than 1,200 squafe feet or- ffiefe living afe . Each single family residence will have a minimum of a two (2) car enclosed garage. No carports shall be allowed. c. Minimum Yard Size and Setbacks: lass. e�se�c rsra Front - 25' for pttfpE)' Side - 5' Side 7 Side Comer - 15' dame Maximum Height - 35' Sate Utility Easements - 10' front, 5' sides Same Wetlands - 25' average Swimming Pools - Rear - 7.5' to pool deck edge Same and enclosures Side - 5' Same rINKRIT.ror There shall be one (1) access road entrance permitted from Old Mission Road to service the gated subdivision with a minimum dedicated right-of-way width of fifty feet (50') with twenty four -feet (24') of pavement, including curb and gutter, constructed pursuant to the Cites Standard Details.. A north bound right -tum lane shall be constructed along Old Mission Road which shall meet all minimum FDOT and/or Volusia County specifications. A south bound left tum lane providing a minimum of one hundred eighty five 185) feetthr-ee hundr-ed eighty two feet (392'' of storage shall be required along Old Mission Road. (Agreement/Zoning — Oak Leaf Preserve) 4 A twenty -foot (20") paved and gated emergencyAn access road entrance will be permitted into the development from PaAE AvefitteMassey Road to service as emergency_ access to the gated subdivision f em Paf4E ^.�to Massed with a minimum right-of-way of six}fift 50 feet for any portion located within the public right-of-way, including a ten foot (10') public utility easement along the east or west side of the road. An emergency ingress, equipped with a Knox box and a radio controlled system, such as C1ick2Enter, gate will be ded at this entrance. This emeraencv access to the subdivision will initiallv be constructed using stabilized soils, limestone or other material approved by the City and paved by Developer upon the development of Phase 3 of the subdivision. Oiiee peffflitted, Developer- shall ifflpfeve An emergency access road is permitted from the northern terminus of Gateway Drive North to Oak Leaf Preserve. However, this access will be gated and only used in emergency situations; and will be considered private and maintained by the Homeowners Association ("HOA") All privateroadwayswithin the development shall have a minimum right-of-way width of at least fifty (50') feet and shall meet City of Edgewater Standards. All private roadways within the development shall be gated and maintained by the HOA. All other streets shall be dedicated to the public.. .�s'srss:ses�:eesxsre�:resr.�: r .��:�.. e. Stormwater Management The Retetifieii Pond(s) will meet the requirements of the St. Johns River Water (Agreement/Zoning — Oak Leaf Preserve) 5 Management District and the City's Land Development Code. The pond(s) are approximately twenty-five (25) acres and will be owned and maintained by the HOA. Developer is required to provide an outfall to a publicly owned or controlled drainage conveyance system, and obtain an off-site drainage easement if necessary. f. Signage All subdivision signage will be located within common areas along the main entrance road (not within public right-of-way) to the subdivision and must meet all requirements of the Land Development Code. A written easement dedicated to the HOA must be recorded for the location of the sign. Developer shall dedicate all sign locations to the HOA. r r.esr�resrn:r.r:�r:�sr_:�e:�sseerssr.��:esss:�:�ss-e: MR r g Trees There shall be a minimum of four (4) trees per each single family home building lot. Trees shall be 2 %2" in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit "DC" - Trees. A tree survey was provided with the original approvalshall—be . The purpose of the tree survey shall be to determine the number of specimen and historic trees and to determine the tree mitigation requirements. The tree mitigation for this project is $100,344.20 and paid to the City upon application for a clearing permit for the Development. Statistical tree survey information may be considered at the discretion of the ming (Agreement/Zoning — Oak Leaf Preserve) 6 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. l--g.Irri ag tion Common areas and the entrance medians will be irrigated by wells or from a surface water system upon proper permitting and approval. Shallow wells will theeeemmenae All irrigation must comply with all Volusia County Waterwise Landscaping and Irrigation Standards. Piping for future reclaimed water irrigation shall be installed by the Developer. Initially, the irrigation/reclaimed water system will be provided by onsite irrigation wells or lake withdrawal until such time reclaimed water is available to the Development. �.-h. Environmental Constraints A majority of the property contains the Conservation Overlay Future Land Use Designation and a portion of the Property contains a Conservation Future Land Use. Any potential development within these areas must comply and be consistent with the Conservation Overlay Standards and/or Conservation 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 Biological (Agreement/Zoning — Oak Leaf Preserve) 7 Research Associates dated May 2004 and/or any future environmental reports as approved by federal and state agencies. '.i. Air Conditioning Units All lots shall have air conditioning units and pads located adjacent to the neighboring garage or located behind each house/dwelling unit. kJ. Entrance to Subdivision Due to the limited existing right-of-way in the vicinity of the proposed subdivision, there shall be two ( %hree3 entrances: one public right-of-way connected to Old Mission Road and two (2) private emergency access entrances, one connected to Massey Road and the other connected to East Gateway Drive North.ene eanneeted to Park Avenue. -kk. Declaration of Covenants, Conditions and Restrictions The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and By -Laws for the Homeowners Association will be recorded in the public records of Volusia County at the time the final plat for Oak Leaf Preserve is recorded. Irl. Easements Easements for rear yard construction purposes shall be located between every other lot and shall have a width of ten (10') feet, being five (5) feet 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. in. Landscaping and irrigation plans must be submitted with final construction plans. n. Model Homes and/or Temporary Construction/Sales Offices A model home may be used as a sales office from the time the plat is recorded until such (Agreement/Zoning — Oak Leaf Preserve) 8 time as the last lot is developed within the Development. 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: i. Provision for fire protection, includingtesting estin and nd approval of the water system by the Florida Department of 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. 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 occupancv 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. (Agreement/Zoning — Oak Leaf Preserve) 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 lot is developed within the subdivision in the following locations and numbers: i. The maximum height of any "banana" flags shall be eight feet (8'.. The number of such "banana" flags shall not exceed four (4) and shall be permitted at the entrance of the Development on private/common property and prohibited in the public right-of-way of Old Mission Road and site triangle area as outlined in the Land Development Code. ii. A flagpole shall be allowed at each sales office to display one (1) flagof f the United Stated of America and one (1) logo flag of the builder. Flags shall have a maximum six of 4 feet by 6 feet. iii. Each model home may have a ground based sign, not to exceed 20 -square feet, indicating "Model Home". iv. Each sales office may have a maximum of two (2) flagsgns 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 (2) special builder events shall be allowed in anv calendar auarter. (Agreement/Zoning — Oak Leaf Preserve) 10 •- FAjMZtWW -0 MIME 4. FUTURE LAND USE AND ZONING DESIGNATION The Land Use designation for Oak Leaf Preserve is Low Density Residential with Conservation Overlay and Conservation. The zoning designation for Oak Leaf Preserve sha44 heis RPUD (Residential Planned Unit Development) as defined in the City Land Development (Agreement/Zoning — Oak Leaf Preserve) 11 Code. The City of Edgewater's permitted uses for RPUD are applicable to the development of the property and consistent with the adopted Land Development Code and City's Comprehensive Plan. 5. PUBLIC FACILITIES Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable system at the nearest point of connection with a minimum of twelve inch (12") PVC water main to the nearest 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 main distribution system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting or in accordance with the requirements contained in the Land Development Code as it relates to performance bonds. Developer agrees to connect to and utilize the City's wastewater transmission and collection system. All wastewater collection and transmission system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting or in accordance with the requirements contained in the Land Development Code as it relates to performance bonds. The City has determined that reclaimed water may be available in the foreseeable future. Therefore, the Developer shall construct a central reclaimed water irrigation distribution system (Agreement/Zoning — Oak Leaf Preserve) 12 constructed to City standards and convey 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 in accordance with the requirements contained in the Land Development Code as it relates to performance bonds. Water will be provided initially by onsite irrigation wells, potable water, or surface water withdrawal until reclaimed water is available to the Development and all irrigation systems shall be approved by all applicable regulatory agencies. m'a'le and will nat be available in the Developer agrees to provide, at no cost to the City, all required utility easements (on and off site) for drainage and utility service consistent with this provision. All utility services will be underground. Off-site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, ) required by Volusia County (Old Mission Read and Pa -r -k Avenue) and the City to enable project approval based on transportation requirements are the developer's responsibility and shall meet all City, County and/or State requirements and approvals. As depicted on the Construction Plans. Impact fees for each dwelling unit will be paid in accordance with the following schedule: 1. Water, Sewer, Utility Connection Fees, Police, Fire, Parks and Recreation, Road and Transportation Impact Fees - Paid to City by applicant at the time Building Permit application is filed with the City for the construction of a single family dwelling_ (Agreement/Zoning — Oak Leaf Preserve) 13 ..!r ..... -MW li2ti!l'1M!/SMR'ZR'i'iS!!lll�Z'lli�:llT.7 2. Volusia County Road and School Impact fees - Paid to County ypplicant 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. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review and construction inspection related to the Oak Leaf Preserve development approval and the—eenstfuotienofTequif tfaotttre and the review and approval of the final plat. (Agreement/Zoning — Oak Leaf Preserve) 14 The developer shall provide all public facilities to support this project including the following: Water Distribution System including fire hydrants. Sewage Collection and Transmission System. Stormwater collection/treatment system. Reclaimed water distribution system. Pro����l-All required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All signage shall comply with Florida Department of Transportation (FDOT) standards. Developer is responsible for the costs of recording the plat upon approval by the City of Edgewater. Bonds - A Performance Bond, Tri -Party Agreement or Letter of Credit, shall be 110% of the costs of all requirement remaining improvements at the time of the recording of the Final Plat. A Maintenance Bond equal to 10% of the cost of the water and sewer improvements shall be provided to the City at the time issuance of a Certificate of Completion. The Maintenance Bond shall be in effect for a two (2) year period or as currently required in the Land Development Code. Sidewalks shall be constructed on both sides of the streets/roadways and have a minimum width of five feet (5') except for the front entrance for the Development which will have a six foot W) sidewalk on the south side only. 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 $4-020.00 per lineal foot for two -(2) hree QJ years. Or, upon review and approval and at the City's sole discretion, City may allow the (Agreement/Zoning — Oak Leaf Preserve) 15 developer to extend the sidewalk bond for an additional two (2) year term. If sidewalks are not completed within four (4)five 5 years, the developer will install the remaining sidewalks. Streetlights shall be maintained by the HOA and Developer agrees to request installation of the street lights from the New Smyrna Beach Utilities Commission within thirty (30) days of Construction Plan approval and will forward proof of same to the City. Recreational Facilities and Open Space The developer agrees to provide no less than two (2) passive neighborhood parks and one (1) clubhouse pursuant to the Master Plan (Exhibit "B") which shall be constructed prior to the commencement of construction of Phase 2 of the Development.. 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. 6. DEVELOPMENT PHASING The Development shall be constructed in phases in accordance with the Phasing Plan attached hereto as Exhibit "D". Each phase shall be separately platted. 6.7.CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined m the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and Land Development Code. �8.DEDICATION OF LAND FOR PUBLIC PURPOSES The Developer shall convey to the City of Edgewater, by warranty deed or plat dedications all public utility easements as required, free and clear of all liens and encumbrances; and provide a title opinion to evidence compliance with same. Due to the subdivision being a partially gated community, the private road ways will not be conveyed to the City (Agreement/Zoning — Oak Leaf Preserve) 16 afe private and thefefefe, will not be deeded to the Git . Oak Leaf Preserve has designated fifty- five-(5-5)sixt 60 acres (plus or minus) or thirty-five percent (35%) of the project, as open space, conservation, etc., to be maintained by the HOA or other approved entity. Open space is determined as any parcel or area of land or water set aside, reserved or dedicated for the use and enjoyment of all owners and occupants of the project. Usable common space shall include area(s) readily accessible and generally acceptable for active or passive recreational use. Open space shall not include required setback areas or contain structures or right-of-ways other than those intended for landscape or recreational purposes. 8-.9.PERMITS REQUIRED The Developer will obtain the required development permits or letters of exemption. Permits may include but not be limited to the following: Flefida Depat4ment oT ^rspoi4 Volusia County Use Permit, Department of Environmental Protection, Florida Department of Health -and 12--habilitative Sen,iees, St. Johns River Water Management District, Army Corps of Engineers, Florida Fish and Wildlife Conservation Commission, and Volusia County. City of Edgewater = Reze tingAmended RPUD Agreement, Subdivision Plat approval, Subdivision Construction Plan approval, all applicable clearing, removal, construction and building permits. This site may require a Volusia County Environmental Permit. 100 year flood elevation for this site is 6.3 feet, minimum finished floor elevation shall be twelve inches (12") above the 100 year elevation. (Agreement/Zoning — Oak Leaf Preserve) 17 9-.10. DEVELOPMENT REQUIREMENTS 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, or as expressly provided or in this Agreement. Development standards shall be those of the City as set forth in the Land Development Code, except as otherwise set forth in this Agreement or as designated on the construction plans approved by the City. Developer shall establish a mandatory HOA for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The mandatory HOA will also be responsible for the streetlight requirements that result from the project including payment to Rer-ida Power- a -ad Light New Smyrna Beach Utilities Commission for installation, maintenance and power consumption and the maintenance of the stormwater areas, retention areas, all common areas and any designated easement areas within the Oak Leaf Preserve Subdivision, common area tracts as depicted on the plat, and private streets within the gated community. The HOA documents, including applicable articles of incorporation; covenants and restrictions; and by-laws shall be reviewed and approved by the City prior to final plat approval. 44.11. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of (Agreement/Zoning — Oak Leaf Preserve) 18 its citizens. 44:12. 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 the remedies provided below. 413. PERFORMANCE GUARANTEES During the term of this Agreement regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to this Agreement. 414. BINDING EFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 4415. 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. 416. PERIODIC REVIEW The City shall review the development subject to this Agreement every 12 -months, (Agreement/Zoning — Oak Leaf Preserve) 19 commencing 12 -months after the date of this 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 right 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 be deemed in default hereof, and City shall invoke no remedies, if Developer commences in good faith to cure the default within thirty (30) days after receipt of City's notice, and thereafter cures the default within ninety (90) days. 4-6:17. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 4-18. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in the Agreement. 4-19. 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. (Agreement/Zoning — Oak Leaf Preserve) 20 Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. 4-9-.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 parry such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 2-W21. 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. 24-.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 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. 2-2-.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. 273-.24. CAPTIONS (Agreement/Zoning — Oak Leaf Preserve) 21 Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 24.25. 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. ATTEST Susan T. MladsworthRobin L. Matusick City Clerk/Paralegal (Agreement/Zoning — Oak Leaf Preserve) 22 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Michael Ignasiak Mayor Witnessed by: Evans, Viree President. Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA DEVELOPERn A u Tri A F PR C�7� 1NC. OLD MISSION KEY, LLC E.V. LaCour, it's ManaaerP. Mi^mei The foregoing instrument was acknowledged before me on this day of 28452018, by P. MICHAEL AICH Er EV NSA who is authorized to execute this document on behalf of OAK LEAF PpES£FALEWC., and who is ❑ personally known, or ❑ has produced _ as identification and who ❑ did ❑ did not take an oath. Notary Public, State of Florida My Commission Expires: (Agreement/Zoning — Oak Leaf Preserve) 23 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 (MISSION OAKS) Lands described in O.R. Book 2319, Page 1957, of the Public Records of Volusia County, Florida, Less and Except Mission Oaks, Phase One and Three B, according to the Declaration of Condominium, as recorded in OR. Book 2417, Page 1341, of the said Public Records of Volusia County. Said lands also being described as Phases Two and Three A, Mission Oaks, according to the Condominium Book 38, Pages 181-184, of the said Public Records of Volusia County, Florida, being more particularly described as follows: Beginning at the Southeast corner of said Mission Oaks, said point also being the Northeast corner of Lot 12, Map of the South Third of Ambrose Hull Grant, according to the Plat thereof, as recorded in Plat Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive of the said Public Records of Volusia County, said point being the POINT -OF - BEGINNING; thence South 69°07'59" West along the North line of said Lot 12; a distance of 2,053.60 feet; thence run along the East line of Phase One of said Mission Oaks for the following five calls: North 20°52'01" West, a distance of 420.00 feet; thence North 69°07' 59" East, a distance of 220.00 feet; thence North 20°52'01" West, a distance of 330.00 feet; thence South 69°07'59" West, a distance of 220.00 feet; thence North 20°52'01" West, a distance of 270.73 feet; thence North 69°11'24" East along the North line of said Mission Oaks, a distance of 2,050.60 feet to the East line of said Mission Oaks; thence South 21°02'09" East along the East line of said Mission Oaks, a distance of 1,018.70 feet to the POINT -OF -BEGINNING. PARCEL 2 (MASSEY - PARCELS A AND B) PARCEL A: A portion of lands described in O.R. Book 2300, pages 1740-1748 together with lands described in OR. Book 3012, Page 0445 and OR Book 2510, Page 1873, inclusive the Public Records of Volusia County, Florida, said lands being a portion of Lots 11, 12 and 13, Map of the South Third of Ambrose Hull Grant, according to the plat thereof, as recorded in Plat Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive the Public Records of Volusia County, Florida, lying in Section 53, Township 17 South, Range 34 East and Section 36, Township 17 South, Range 33 East, of said Volusia County, being more particularly described as follows: Commence at the Northeast corner of said Lot 12, said point also being the Southeast corner of Mission Oaks, according to the plat thereof as recorded in Plat Book 38, Pages 181-184, of the said (Agreement/Zoning - Oak Leaf Preserve) 24 Public Records of Volusia County; thence South 69°07'59" West along the North line of said Lot 12 and the South line of said Mission Oaks, a distance of 1,195.01 feet to the West line of the East 1195 feet of said Lot 12, said point being the POINT -OF -BEGINNING; thence South 21'02'59" East along the said West line of the East 1,195 feet, a distance of 1,224.26 feet to a point lying 1,250 feet (by perpendicular measurement) from the North Right -of -Way line of Massey Road (a 50 foot wide County Road Right -of -Way lying North of and adjacent to the Florida East Coast Rail Road Right -of -Way); thence South 67°53'13" West parallel to said Massey Road, a distance of 545.09 feet to the West line of the East 1,740 feet of said Lots 12 and 13; thence South 21'02'59" East along said West line of the East 1,740 feet of said Lots 12 and 13, a distance of 250.04 feet to a point lying 1,000 feet (by perpendicular measurement) from the said North Right -of -Way line of Massey Road; thence North 67°53'13" East parallel to said Massey Road, a distance of 817.64 feet to the West line of the East 922.5 feet of said Lot 13; thence South 21'02'59" East along said West line of the East 922.5 feet of said Lot 13; a distance of 1,000.17 feet to the said North Right -of - Way line of Massey Road; thence South 67°53'13" West along said North Right -of -Way line, a distance of 2,546.83 feet to the Southeast corner (as presently monumented and occupied) of lands described in O.R. Book 1871, Page 1900, of the said Public Records of Volusia County; thence North 09°59'35" West along the East line (as presently monumented and occupied) of said O.R Book 1871, Page 1900, a distance of 295.75 feet; thence North 18°29'09" West along the said East line (as presently monumented and occupied) of said OR. Book 1871, Page 1900, a distance of 99.60 feet to the Northeast corner of said OR. Book 1871, Page 1900 and the Southeast corner of lands described in O.R. Book 3944, Page 4176, of the said Public Records of Volusia County (as presently monumented and occupied); thence North 23°39'17" West along the East line of said O.R Book 3944, Page 4176 (as presently monumented and occupied), a distance of 411.74 feet to the Northeast corner of said O.R. Book 3944, Page 4176 (as presently monumented and occupied); thence North 12°37'56" West along the Southerly extension of the East line (as presently monumented and occupied) of lands described in O.R. Book 4556, Page 2163, of the said Public Records of Volusia County, a distance of 622.05 feet to the Northeast corner (as presently monumented and occupied) of said O.R. Book 4556, Page 2163 said point also being the Southeast corner (as presently monumented and occupied) of lands described in O.R. Book 2908, Page 0549, of the said Public Records of Volusia County; thence run along the East line (as presently monumented and occupied) of said O.R. Book 2908, Page 0549 for the following four calls: North 10°04'20" East, a distance of 121.37 feet; thence North 06°01'02" East, a distance of 147.71 feet; thence North 04°04'43" East, a distance of 108.48 feet; thence North 09°41'55" West, a (Agreement/Zoning — Oak Leaf Preserve) 25 distance of 14.86 feet to the Northeast corner of said O.R. Book 2908, Page 0549; thence South 58°09'00" West, along the North line and its Westerly extension of said O.R. Book 2908, Page 0549, a distance of 639.41 feet to the proposed East Right -of -Way line of Old Mission Road (as shown on Volusia County Right -of -Way Map Project #4338); thence North 13°23'09" West along the said proposed East Right -of -Way line, a distance of 295.77 feet to a point on the Westerly extension of the South line of lands described in O.R. Book 3257 Page 0922, of the said Public Records of Volusia County; thence North 61'10'44" East along said Westerly extension and the South line (as presently monumented and occupied) of said O.R. Book 3257 Page 0922, a distance of 642.28 feet to the Southeast corner (as presently monumented and occupied) of said O.R. Book 3257, Page 0922; thence North 13°28'46" West along the East line (as presently monumented and occupied) of said OR. Book 3257 Page 0922, a distance of 502.14 feet to a point on the said South line of said Mission Oaks and the North line of said Lot 12; thence North 69°07'59" East along said South and North line, a distance of 1,847.56 feet to the POINT -OF -BEGINNING. PARCEL B: A portion of lands described in O.R Book 2300, Pages 1740-1748, recorded in the Public Records of Volusia County, Florida, said lands being a portion of Lots 12 and 13, Map of the South Third of Ambrose Hull Grant, according to the plat thereof, as recorded in Plat Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive the Public Records of Volusia County, Florida, lying in Section 53, Township 17 South, Range 34 East and Section 36, Township 17 South, Range 33 East, of said Volusia County, being more particularly described as follows: Commence at the Northeast corner of said Lot 12, said point also being the Southeast corner of Mission Oaks, according to the Map thereof as recorded in Condominium (Plat )Book 38, Pages 181- 184, of the said Public Records of Volusia County; thence South 69°07'59" West along the North line of said Lot 12 and the South line of said Mission Oaks, a distance of 600.00 feet to the West line of the East 600 feet of said Lot 12, said point being the POINT -OF -BEGINNING; thence South 21'02'59" East along the said West line of the East 600 feet, a distance of 2,461.53 feet to the North Right -of -Way line of Massey Road (a 50 foot wide County Road Right -of -Way lying North of and adjacent to the Florida East Coast Rail Road Right -of -Way); thence South 67°53'13" West along said North Right -of - Way line, a distance of 50.01 feet to the West line of the East 650 feet of said Lot 13; thence North 21'02'59" West along said West line of the East 650 feet of said Lot 13, a distance of 1,000.17 feet to a point lying 1000 feet (by perpendicular measurement) from the said North Right -of -Way line of Massey Road; thence South 67°53'13" West parallel to said Massey Road, a distance of 1,090.19 feet (Agreement/Zoning — Oak Leaf Preserve) 26 to the West line of the East 1740 feet of said Lots 12 and 13; thence North 21°02'59" West along said West line of the East 1740 feet of said Lots 12 and 13, a distance of 50.01 feet to a point lying 1,050 feet (by perpendicular measurement) from the said North Right -of -Way line of Massey Road; thence North 67°53' 13" East parallel to said Massey Road, a distance of 1,090.19 feet to the West line of the East 650 feet of said Lot 12; thence North 21°02'59" West along said West line of the East 650 feet of said Lot 12, a distance of 1,412.44 feet to a point on the said South line of said Mission Oaks and the North line of said Lot 12; thence North 69°07'59" East along said South and North line, a distance of 50.00 feet to the POINT -OF -BEGINNING. Containing 173.471 acres more or less. (Agreement/Zoning — Oak Leaf Preserve) 27 EXHIBIT "B" MASTER PLAN (Agreement/Zoning — Oak Leaf Preserve) 28 EXHIBIT "C" Common Name Botanical Name Inches (DBH) Elm Ulmus spp. 12 plus Hickory Carya spp. 12 plus Loblolly Bay Gordonia lasianthus 12 plus Magnolia Magnolia grandiflora 12 plus Maple Acer spp. 12 plus Other Oak Species Quercus spp. 12 plus Red Bay Persea borbonia 12 plus Red Cedar Juniperus silicicola 12 plus Swamp Bay Persea palustris 12 plus Sweet Bay Magnolia virginiana 12 plus Sweet Gum Liquidambar styraciflua 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 elliottii 18 Plus Longleaf Pine Pinus palustris 18 Plus (Agreement/Zoning — Oak Leaf Preserve) 29 EXHIBIT "D" PHASING PLAN i W�� W-0191 Map L �a ��ii�ir■Y■��aiF�� � �\ RECEIVED OAK LEAF PRESERVE PHASING PLAN E X H g T D p &RAASSCIATES,NINCG PROFESSIONAL ENGINEERS *LANDSCAPE ARCHITECTS 1729 RIDCEWOOD AVENUE MOLLY HILL, FLORIDA 32117 (3W) e77—W41 F- (xa) $77_2114 S— -L- imoew• rww^.q. 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