2019-O-19 - 425 Clinton Cemetery Road/4220 S Ridgewood Avenue RPUD 1/13/202011:56:32 AM Instrument#2020007537#1 Book:7800 Page:2169
ORDINANCE NO.2019,0 19
AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION
FROM VOLUSIA COUNTY A-3 (TRANSITIONAL AGRICULTURE) TO
RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) FOR 9."U
ACRES OF CERTAIN REAL PROPERTY LOCATED AT 425 CLINTON
CEMETERY ROAD AND FROM B-3 (HIGHWAY COMMERCIAL) TO
RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR 4.701t
ACRES OF LAND LOCATED AT 4220 SOUTH RIDGEWOOD AVENUE,
EDGEWATER FLORIDA AND INCLUDING SAID PROPERTY IN THE
AMENDED AND RESTATED JULINGTON OAKS RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) AGREEMENT, NOW KNOWN AS
LAKEVIEW ESTATES FOR A TOTAL OF 43.884±ACRES, EDGEWATER,
FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN
EFFECTIVE DATE,RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
I. Constance Silver is the applicant on behalf of Lakeview Estates of Edgewater,LLC,owners
of property located 425 Clinton Cemetery Road and 4220 South Ridgewood Avenue within Volusia
County,Florida. Subject property contains approximately 14.69t acres.
2. The applicant has submitted an application for a change in zoning classification from Volusia
County A-3 (Transitional Agriculture) and City B-3 (Highway Commercial) to RPUD (Residential
Planned Unit Development) and to include the subject property, in the amended and restated Julington
Oaks RPUD Agreement, now known as Lakeview Estates, for the property described herein. The
Lakeview Estates RPUD Agreement will now be for a total of43.884f acres.
3. October 9, 2019, the Local Planning Agency (Planning and Zoning Board) considered the
application for change in zoning classification and the amendment to the Julington Oaks, now known as
Lakeview Estates,RPUD Agreement,
4. The proposed change in zoning classification and amendment to the RPUD Agreement is
consistent with all elements of the Edgewater Comprehensive Plan.
5. The proposed change in zoning classification and amendment to the RPUD Agreement is not
contrary to the established land use pattern.
6. The proposed change in zoning classification and amendment to the RPUD Agreement will
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not adversely impact public facilities.
7. The proposed change in zoning classification and amendment to the RPUD Agreement will
not have an adverse effect on the natural environment.
8. The proposed change will not have a negative effect on the character of the surrounding area.
NOW,THEREFORE,BE IT ENACTED by the People of the City of Edgewater,Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY
WITHIN THE CITY OF EDGEWATER,FLORIDA.
The zoning classification for the property described in Exhibit"A"is hereby changed from Volusia County A.
3 (Transitional Agriculture) and City B-3 (Highway Commercial) to City RPUD (Residential Planned Unit
Development), pursuant to the associated Planned Unit Development (PUD) Agreement (attached and hereto
incorporated as Exhibit"B'7.
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER,FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official Zoning
Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described
property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions,or parts thereof in conflict with this ordinance,are hereby
superseded by this ordinance to the extent of such conflict
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative,
or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any
provisions thereof shall be held to be inapplicable to any person,property,or circumstances,such holding shall
not affect its applicability to any other person,property,or circumstance.
PART E. RECORDING.
Upon approval and execution,this document shall be delivered to the Clerk of Court for recording into
the public records of Volusia County,Florida.
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PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption
PART G. ADOPTION.
After Motion to approve by Councilwoman Power,with Second by Councilman Conroy,the vote on
the first reading of this ordinance held on November 18,2019,was as follows:
AVE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberley Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary T.Conroy X
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t
After
^Motion to approve by !'l 7L�-4Cx,) with Second by_
((i``L*il�ylr 11E 4,,L the vote on the second mading/public hearing of
this ordinance held an tJLY 17U.1 CO 'mil-"7. .2020 was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe
Councilman Gary T.Conroy .�/�
PASSED AND DULY ADOPTED this4d - day of rN. t 2020.
ATTEST: CITYCOUNCILOF E
CI GEW TE R
Roble Matusick \ Mike as
City Clerk/Paralegal w
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 1e-day
legality by: Aaron R. Wolfe,Esquire o 2020 under Agenda Item No.
City Attorney 8�.
Doran, Sims, Wolfe, Ciocchetti &
Yoon
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EXHIBIT"A"
LEGAL DESCRIPTION
A parcel of land lying in Section 24, Township 18 South, Range 34 East, Volusia County,
Florida,being more particularly described as follows:
Commence at the Northwest corner of said Section 24 and run South 00033'52" East along the
West line of said Section 24, a distance of 1,400.00 Feet; thence North 86018'56" East. a
distance of 2,556.53 Feet to the POINT-OF-BEGINNING; thence continue North 86018'56"
East along said line, a distance of 1,852.57 Feet to the Westerly Right-of-Way Line of U.S.
Highway Number 1 (a 158 foot wide Right-of-Way); thence South 22055'51" East along said
Westerly Right-of-Way Line,a distance of 210.25 Feet;thence South 87052'59"West,a distance
of 318.24 Feet; thence South 22055'5 1"East,a distance of 688.36 Feet;thence South 87053'15"
West, a distance of 189.25 Feet;thence North 22055'5 1"West,a distance of 310.00 Feet;thence
South 87053'15" West, a distance of 221.88 Feet; thence South 22038'21"' East, a distance of
19.51 Feet; thence South 67004'09" West, a distance of 120.00 feet; thence South 22038'21"
East,a distance of 244.36 Feet; thence South 87053'15" West, a distance of 481.76 Feet;thence
South 67043'02" West, a distance of 501.79 Feet; thence North 22035'17" West, a distance of
1,027.06 Feet to the POINT-OF-BEGINNING.
Subject to an Ingress/Egress and Utility Easement over the South 30 feet as described in Official
Records Book 2067, Page 1766 and Official Records Book 2146, Page 0825, of the Public
Records of Volusia County,Florida.
Subject to a perpetual Right-of-Way easement for road purposes as described in Deed Book 285,
Page 125, portions of which were released per Official Records Book 128, Page 278, inclusive
the Public Records of Volusia County,Florida.
AND
A part of US. Lot 2, and Northwest 1/4 of Section 24, Township 18 South, Range 34 East,
Volusia County, Florida, lying Easterly of the Florida East Coast Railway, a 100 foot Right of
Way and being more particularly described as follows: Commence at the Northwest comer of
said Section 24; thence South 00034136" East, along the West line of said Section 24, a distance
of 1400.00 feet; thence North 86018'56" East, a distance of 2136.00 feet for the POINT OF
BEGINNING; thence South 22035'1T' East a distance of 1161.29 feet; thence North 67043'02"
East, a distance of 398.06 feet; thence North 22035'17" West, a distance of 1027.10 feet; thence
South 86018'56" West, a distance of 420.75 feet to the Point of Beginning, TOGETHER WITH
the right to use a 60 foot road and utility easement for ingress and egress as described in Official
Records Book 2067,Page 1766,Public Records of Volusia County, Florida.
AND
Commence at the Northwest comer of said Section 24 and run South 00033'52" East along the
West line of said Section 24,a distance of 1400.00 feet;thence North 860 18'S6"East, a distance
of 4094.24 feet: thence South 22055151" East, a distance of 201.03 feet to the Point of
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Beginning;thence North 87052'59"East, a distance of 318.24 feet to the Westerly right of way
line of US. Highway No. 1 (a 158 foot wide right of way); thence South 22°55'51"' East along
said Westerly right of way line, a distance of 688.39 feet; thence South 87e53'15" West, a
distance of 318.25 feet; thence North 22055'51" West, a distance of 688.36 feet to the Point of
Beginning.
Containing 43.884f acres more or less.
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PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT
LAKEVIEW ESTATES
//JJ��
THIS AGREEMENT is made and entered into this 4�day of r 201-9-
by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose
mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132,(hereinafter
referred to as "City") and, Lakeview Estates of Edgewater, LLC, whose mailing address is 650
South Lakeview Drive, Lake Helen Florida 32744(herein after referred to as " Developer").The
purpose of this Agreement is to define the terms and conditions granting the development
approval of the subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration,the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 43.8831 acres located at west of
South Ridgewood Avenue and north of Clinton Cemetcry Road, in Edgewater, Volusia County,
Florida. The legal description of the property is attached hereto as Exhibit "A" - Legal
Description.The record owner of the subject property is Lakeview Estates of Edgewater, LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty (30) years and run with the land. The
Developer shall commence construction as defined by the Master Plan, dated September 12,
2019(Exhibit"B")within twenty-four(24)months of the effective date of this Agreement.The
Agreement may be extended by mutual consent of the governing body and the Developer,
subject to a public hearing. 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 wastes and on-site modification, fabrication, erection or installation of a
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treatment facility or a transmission system for the conveyance of potable water. Land clearing
and site preparation activities related to this construction are not included herein; however,
before undertaking land clearing activities,other permits for stormwater discharges from the site
may be required. Final approval shall include, but not be limited to utilities, stormwater, traffic,
fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning
elements.
3. DEVELOPMENT STANDARDS
Development of this Property is subject to the terms of this Agreement and in accordance
with the City of Edgewater's current Land Development Code (LDC). Final project approval
may be subject to change based upon final environmental, permitting, and planning
considerations and/or Federal and State regulatory agencies permit requirements.
a. Unit Count
Based on Final Subdivision Plan approval, the total number of units may vary, but the
maximum residential units permitted shall not exceed 3.09 dwelling units per net acre or 109
dwelling units.
b. Age Restricted Housine
Lakeview Estates shall operate the development as Age Restricted Housing for persons
55 years of age and older, as defined in, Section 760.29(4)(b)(3), Florida Statues, as may be
amended.
In no event shall any person under the age of 18 years reside within any dwelling unit
located on the property as a permanent resident.
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c. Minimum Lot Size
Single Family Duplex
Area: 6,900 square feet Area: 5,175 square feet.
Width:60 feet Width: 45 feet
Depth: 115 feet Depth: 115 feet
d. Minimum House Sauare Footage
The minimum gross house square footage shall be at least 1,200 square feet living area
under air,with a minimum of a two car garage and 18-foot driveway for single family residences
and a one car garage and 16-foot driveway for duplexes. Carports will not be permitted.
e. Minimum Yard Size and Setbacks
Front: 20 feet
Rear: 10 feet
Side: 7.5 feet
Side Comer: 15 feet
Wetlands: 15 feet minimum;25 foot average
Maximum Height: 26-feet
Maximum Building Coverage: 60%
Maximum Impervious Coverage: 70%
Screen enclosumsrporohes: Rear: 5 feet
Swimming Pools: Rear: 5 feet from property line to pool deck edge
Side: 7.5 feet from property line to pool deck edge
f Commercial
Future Commercial development of Lot A shall meet the regulations of the current Land
Development Code for the B-3 (Highway Commercial)zoning district.
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g. Trees
Minimum Tree Protection Requirements within the current LDC shall be met;
Preservation Areas depicted on the Master Plan may be utilized to meet said requirements.
Minimum number and type of trees for each residential building lot shall mat the requirements
of the current LDC.
h. Landscapine and Irrigation
Landscaping and irrigation plans for common areas must be submitted with final
construction plans and shall comply with the current LDC.
Developer shall install a vinyl fence with landscape buffer adjacent to excluded
residential parcels on Clinton Cemetery Road and shall be owned and maintained by the HOA.
Common areas and the entrance area shall be irrigated. All irrigation must comply with
all Volusia County Water Wise Landscape Irrigation Standards.
i. Roads
Roads within Lakeview Estates will have a minimum right-of-way of fifty-feet (50%
including twenty feet(20') of pavement with a two (2) foot Miami curb and gutter per side and
constructed pursuant to the City's Standard Details. Said roads shall be dedicated to and
maintained by the HOA subsequent to final City inspection and by final plat. All private
roadways within the development shall be gated and equipped with a Knox box and a radio
controlled system,such as Click2Enter.
No on-street parking shall be permitted.
Golf carts shall be permitted within Lakeview Estates. Golf carts are defined as a motor
vehicle designed and manufactured for operation on a golf course for sporting or recreational
purposes that is not capable of exceeding speeds of twenty (20) miles per hour. All golf carts
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operating upon properly designated roads and streets shall meet all minimum equipment
standards established by Florida Statutes,as amended.
A minimum seven-foot (7') wide stabilized pathway, shared by adjoining lots, shall be
constructed by the developer for golf can access from each residence to the roadway.
Developer shall install a driveway connection between the Property and the commercial
property to the north and provide an access easement by Final Plat.
j. Entrance to Subdivision
One entrance(s), per master plan, shall be permitted for accessing the development from
South Ridgewood Avenue; a left turn lane and right-turn deceleration lane shall be required and
permitted by the Florida Department of Transportation. One (1) emergency vehicle access will
be required from Clinton Cemetery Road.
k. Signaee
Signage will be located along the main entrance road, not within the right-of-way, and
shall meet the current City LOC. All future maintenance responsibility will be that of the
Homeowners Association.
1. Mailboxes
Developer agrees to request approval from the Unites States Postal Service for the use of
a Centralized Mail Delivery System(s)with lighted pull-off area.
m. 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.
n. Easements
Easements for rear yard construction purposes shall be located between every other
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lot and shall have a width of ten feet (10% being five feet (5') on each side of the lot lines
for the benefit of the adjoining lots in the event that access to the rear of the lot is required
and the individual lot owners side yard width is not adequate to accommodate the
access. Easements for public utilities shall be dedicated to the City and any other public
utility provider.
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 Agreement.
o. Model Homes and Temporary Sales Offices
Lots 3 and 4 may be designated for use as potential model home or temporary sales
office lots. A model home may be used as a sales office from the time the plat is recorded until
such time as the last lot is developed within the subdivision. Temporary structures, such as
trailers, recreational vehicles, and the like may be permitted as a temporary sales office while a
model home is under construction. Such temporary office shall only be permitted for an interim
period not to exceed 60-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, including testing and approval of the water system by
the Florida Department of Environmental Protection (FDEP), if on-site hydrants are
required to service the area where the proposed models will be constructed.
ii. Construction of access roads to the model home sites prior to building permit
issuance, to the extent necessary to allow sufficient access by City vehicles for
inspections.
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iii. Permanent utility connections cannot be made until the sanitary sewer system and
potable water system has been completed and certified to FDEP.
iv. Temporary power and/or gas utilities, once inspected and approved by the city, shall
be permitted until permanent utility connections are provided.
V. Any Sales Center shall provide handicap accessible restrooms.
Additional requirements, restrictions and conditions may be imposed by the City to
address specific site or project concerns. A Certificate of Completion issued as provided in the
Florida Building Code shall be deemed to authorize limited occupancy of the 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.
Temporary 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 Development in the following locations and numbers:
i. The maximum height of any temporary flags shall be eight feet(8D with a maximum
size of fifteen(15)square feet.
ii. The number of temporary flags shall not exceed four (4) and shall be permitted on
private/common property and prohibited in the right of way area and site triangle area
as outlined in the Land Development Code, Section 21-38.03.
iii. Each model home may have a ground-based sign, not exceeding 20 square feet with a
maximum height of eight(8)feet, indicating"Model Home".
iv. Each sales office may have may have a maximum of two (2) flags or signs not
exceeding fifteen (15) square feet each in area with a maximum height of eight (8)
feet indicating"Sales Center".
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V. Temporary event signs shall be allowed on private/common property within the
Development for special builder sale events, including but not limited to a "parade of
homes" or similar sales promotion. Such temporary signage shall be erected for no
more than 72 hours. A maximum of two special builder events shall be allowed in any
calendar quarter.
4. HOMEOWNERS ASSOCIATION
The Developer shall establish a mandatory Homeowners Association (HOA) for the purpose
of maintaining the property and enforcing applicable covenants and restrictions. The HOA
documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By-
Laws shall be reviewed and approved by the City prior to final plat approval.
The Declaration of Covenants,Conditions and Restrictions, Articles of Incorporation and
By-Laws for the HOA will be recorded in the public records of Volusia County at the time the
Final Plat is recorded.
5. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation is Low Density Residential and Commercial with
Conservation Overlay and the zoning designation is RPUD (Residential Planned Unit
Development) as defined in the City Land Development Code. The City of Edgewater's
permitted uses for RPUD (Residential Planned Unit Development) are applicable to the
development of the property and consistent with the adopted Comprehensive Plan/Future Land
Use Map. The City of Edgewater's permitted uses for B-3 (Highway Commercial)are applicable
to the development of Lot A.
6. PUBLIC FACILITIES
a. All utility services shall be underground.
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b. Off-site improvements are the Developer's responsibility and shall be required at the
time of Final Plat approval and City inspection approval and shall meet all City,
County and/or State requirements and approval.
c. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal,state,and local standards.
d. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
e. Developer, at the time of development, shall provide all public facilities to support
this project including the following:
i. Water Distribution System including fire hydrants. Developer agrees to connect to
and utilize the City's water distribution system. Developer agrees to connect to the
City's potable water system at nearest point of connection. All water distribution
systems shall be "looped" wherever possible in order to prevent any future
stagnation of water supply.All water main distribution system improvements will
be installed by the Developer and conveyed to the City by Bill of Sale in a form
acceptable to the City and dedicated to the City prior to or at time of platting or in
accordance with the requirements contained in the Land Development Code as
it relates to performance bonds.
ii. Sewage Collection and Transmission System. 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.
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iii. Stormwater collection/treatment system, including outfall system. The retention
and detention pond(s) shall meet the requirements for the St. Johns River Water
Management District, Volusia County, and the City of Edgewater. The pond(s)
will be owned and maintained by the Homeowners Association (HOA).
Developer is required to provide an outfall to a publicly owned or controlled
drainage conveyance system, and obtain an off-site drainage easement space if
necessary. The on-site 100-year flood elevation shall be established to the
satisfaction of the Flood Plain Manager or FEMA. Compensatory Storage shall be
provided for per the requirements set forth in Article IV (Resource Protection
Standards)of the LDC,as may be amended from time to time.
iv. Reclaimed Water Distribution System. The City has determined that reclaimed
water may be available in the foreseeable future. Therefore, the Developer shall
install 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.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. Once reclaimed water is
provided to the area the development must covert irrigation systems to said
reclaim water system within 30 days of availability.
V. All required pavement marking and signage (stop signs, road signs, etc.) within
the Subdivision. All permanent markings and signage shall comply with Florida
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Department of Transportation (FDOT) standards. Enhanced special signage may
be used if it meets FDOT standards and approved by the City.
vi. Sidewalks.A four-foot(4')public sidewalk to be installed by the Developer on all
common areas within the development,connecting to the existing sidewalks along
South Ridgewood Avenue and four-foot (4') sidewalks to be installed by
individual builders along the from of each residential lot prior to issuance of
Certificate of Occupancy by the City of Edgewater. Sidewalks along common
areas shall be constructed and approved by the City prior to issuance of the first
Certificate of Occupancy for the development. Developer shall provide a bond or
surety in a form acceptable to the City in the amount as stated per the current fee
resolution per lineal foot for two (2) years. If sidewalks are not completed within
two(2)years,the Developer will install the remaining sidewalks.
vii. Recreation and Open Space. Three (3) active and passive recreation areas,
including a clubhouse and swimming pool,totaling 14.48f acres and 19.45t acres
of open space will be provided to serve the residents as depicted on Exhibit "B"
Master Plan. Ownership and maintenance responsibility of all recreation and
open space areas will be that of the Homeowner's Association.
viii. Streetlights shall be installed by the Developer at all entrances and intersections
and shall meet the requirements set forth in the LDC prior to issuance of the
Certificate of Occupancy on the first dwelling unit. The HOA will be responsible
for the streetlights; including payment to Florida Power and Light for
maintenance and power consumption.
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7. IMPACT FEES
Impact fees will be paid in accordance with the following schedule:
a. Applicable City Impact Fees and Connection Fees shall be paid at the issuance of
a Building Permit for each dwelling unit at the prevailing rate authorized at the
time of payment.
b. Volusia County Road and School Impact fees (if deemed applicable by the
Volusia County School District) - Paid to County by applicant with proof of
payment provided to the City prior to a Building Certificate of Occupancy.
8. BONDS
A Maintenance Bond equal to 10%of the cost of the infrastructure improvements shall be
provided to the City prior to recording the Final Plat. The Maintenance Bond shall be in
effect for a two(2)year period from the date of completion of the public facilities.
If the developer desires to plat the proposed subdivision prior to the installation of
improvements,a Performance Bond, or other acceptable financial instrument such as a Letter
of Credit, may be accepted by the City and shall be 130% of the costs of all remaining
required improvements.
9. 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 and is compliant with all concurrency
requirements set forth in said documents.
10.PERMTTS REQUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
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I. Department of Environmental Protection, St. Johns River Water Management District,
Army Corps of Engineers and Florida Fish and Wildlife Conservation Commission,
Department of Health, Department of Transportation and Volusia County.
2. City of Edgewater - Subdivision Preliminary and Final Plat Approval, Subdivision
Construction Plan Approval, all applicable clearing, removal, construction and building
permits.
Developer agrees to reimburse the City of Edgewater for direct costs associated with the
legal review, engineering review, construction inspections, construction of required
infrastructure improvements, and the review and approval of the final plat related to the
development,including recording fees.
11.DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City, by warranty deed and title insurance free and
clear of all liens and encumbrances at plat dedication, utility easements as required. All utilities
shall be dedicated to the City of Edgewater.
12.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.
13.HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions or other
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requirements determined to be necessary by the City for the public health,safety or welfare of its
citizens.
14.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.
15.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.
16.BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments,and
all final site plans,shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, 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.
17.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.
18.PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12 months,
Lakeview Estates 14
Instrument#2020007537#21 Book:7800 Page:2189
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 failure to materially comply with the terms of this
Agreement, the Agreement may be revoked or modified by the City. Any such revocation or
modification shall only occur after the City has notified the Developer in writing of Developer's
failure to materially comply with the terms of this Agreement and Developer fails to cure such
breach after receiving written notice and a reasonable opportunity to cure such breach from the
City.
19.APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
20.TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
21.AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment. Substantial changes, as determined by the City Manager,
shall require City Council approval.
22.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
Lakeview Estates 15
Instrument#2020007537#22 Book:7800 Page:2190
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
23.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.
24.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 tojudgment.
25. 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.
26. 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.
27.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
Lakeview Estates 16
Instrument#2020007537#23 Book:7300 Page:2191
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: CITY COUNCIL OF THE
CITY GEWA O A
t
-�L� ^,'YlC�ula�enY, By.
Robin L.Matusick, ichael as,
City Clerk/Paralegal Mayor
Lakeview Estates 17
Instrument#2020007537#24 Book:7800 Page.2192
Witnessed by: DEVELOPER
STATE OF FLDR A
COUNTY OF OIAMa
The foregoing instl=ent was acknowledged before me on this�ay of ke 019,
by l a/I�) M , 1T,(U , who isqjersonally known to me or>
has produced as identification and who did(did not)take an oath.
Notary Public
Stamp/Seal • c
I �q••� ma/jro�Nnc+.•
�//r11111111111\\\
Lakeview Estates 14
Instrument 82020007537#25 Book:7800 Page:2193
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land lying in Section 24,Township 18 South, Range 34 East Volusia County, Florida, being
mare particularly described as follows:
Commence at the Northwest comer of said Section 24 and run South 00033'52"East along the West line
of said Section 24, a distance of 1,400.00 Feet;thence North 86°18'56"East. a distance of2,556.53 Feet
to the POINT-OF-BEGINNING; thence continue North 860I8'56" East along said line, a distance of
1,852.57 Feet to the Westerly Right-of-Way Line of U.S. Highway Number 1 (a 158 foot wide Right-of-
Way); tlrartceSouth 221S5'51" East along said Westerly Right-of-Way Line, a distadce of 210.25 Feet;
thence South 87°52'59" West, a distance of 318.24 Feet; thence South 22°55'51" East, a distance of
688.36 Feet; thence South 87053'15" West, a distance of 189.25 Feet; thence North 22o55'51" West, a
distance of 310.00 Feet; thence South 87°53'15" West, a distance of 221.88 Feet; thence South
22038'21'"East,a distance of 19.51 Feet;thence South 67°04'09"Wes;a distance of 120.00 feet;thence
South 22038'21"Fast,a distance of 244.36 Feet;thence South 87°53'15"West,a distance of 481.76 Feet;
thence South 67°43'02" West, a distance of 501.79 Feet; thence North 22°35'17" Wes% a distance of
1,027.06 Feet to the POINT-OF-BEGINNING.
Subject to an Ingress/Egress and Utility Easement over the South 30 feet as described in Official Records
Book 2067, Page 1766 and Official Records Book 2146, Page D825, of the Public Records of Volusia
County,Florida.
Subject to a perpetual Right-of-Way easement for road purposes m described in Deed Book 285, Page
125, portions of which were released per Official Records Book 128, Page 278, inclusive the Public
Records of Volusia County,Florida.
AND
A part of US. Lot 2, and Northwest 1/4 of Section 24, Township 18 South, Range 34 East, Volusia
County, Florida, lying Easterly of the Florida Fast Coast Railway, a 100 foot Right of Way and being
more particularly described as follows: Commence at the Northwest corner of said Section 24; thence
South 00°34'36" East, along the West line of said Section 24, a distance of 1400.00 fact; thence North
86018'56"East,a distance of 2136.00 feet for the POINT OF BEGINNING;thence South 22035,17"Eau
a distance of 1161.29 feet; thence North 67°43'02" East, a distance of 398.06 feet; thence North
22°35'17"West,a distance of 1027.10 feet;thence South 86°18'56"West,a distance of 420.75 feet to the
Point of Beginning, TOGETHER WITH the right to use a 60 foot road and utility easement for ingress
and egress as described in Official Records Book 2067, Page 1766, Public Records of Volusia County,
Florida.
AND
Commence at the Northwest comer of said Section 24 and run South 00033'52"East along the West line
of said Section 24, a distance of 1400.00 feet; thence North 86°18'56" East, a distance of 4094.24 feet:
thence South 22°55'5 l"East,a distance of 201.03 feet to the Point of Beginning;thence North 87°52'59"
East, a distance of 318.24 feet to the Westerly right of way line of US. Highway No. 1 (a 158 foot wide
right of way); thence South 22°55'5 1'" East along said Westerly right of way line, a distance of 688.39
feet;thence South 87°53'15"West,a distance of 318.25 feet thence North 22"55'5 1"West,a distance of
688.36 feet to the Point of Beginning.
Lakeview Estates 19
Instrument i2020007537#26 Book:7800 Page:2194 Laura E. Roth,Vol usia County Clerk of Court
EXHIEIT"E"
MASTER PLAN
_a
w,e
PDA-100
Ia W.Estaha 20
ORDINANCE NO.2019-0-19
AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION
FROM VOLUSIA COUNTY A-3 (TRANSITIONAL AGRICULTURE) TO
RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) FOR 9.998t
ACRES OF CERTAIN REAL PROPERTY LOCATED AT 425 CLINTON
CEMETERY ROAD AND FROM B-3 (HIGHWAY COMMERCIAL) TO
RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT FOR 4.701t
ACRES OF LAND LOCATED AT 4220 SOUTH RIDGEWOOD AVENUE,
EDGEWATER FLORIDA AND INCLUDING SAID PROPERTY IN THE
AMENDED AND RESTATED JULINGTON OAKS RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) AGREEMENT, NOW KNOWN AS
LAKEVIEW ESTATES FOR A TOTAL OF 43.8843 ACRES, EDGEWATER,
FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN
EFFECTIVE DATE,RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Constance Silver is the applicant on behalf of Lakeview Estates of Edgewater, LLC, owners
of property located 425 Clinton Cemetery Road and 4220 South Ridgewood Avenue within Volusia
County,Florida Subject property contains approximately 14.69t acres.
2. The applicant has submitted an application for a change in zoning classification from Volusia
County A-3 (Transitional Agriculture) and City B-3 (Highway Commercial) to RPUD (Residential
Planned Unit Development) and to include the subject property in the amended and restated Julington
Oaks RPUD Agreement, now known as Lakeview Estates, for the property described herein. The
Lakeview Estates RPUD Agreement will now be for a total of 43.884f acres.
3. October 9, 2019, the Local Planning Agency (Planning and Zoning Board) considered the
application for change in zoning classification and the amendment m the Julington Oaks, now known as
Lakeview Estates,RPUD Agreement.
4. The proposed change in zoning classification and amendment 0 the RPUD Agreement is
consistent with all elements of the Edgewater Comprehensive Plan.
5. The proposed change in zoning classification and amendment to the RPUD Agreement is not
contrary to the established land use pattern.
6. The proposed change in zoning classification and amendment to the RPUD Agreement will
passages are deleted. 1
Underlined passages are added.
2019.0,19
not adversely impact public facilities.
9. The proposed change in zoning classification and amendment to the RPUD Agreement will
not have an adverse effect on the natural environment.
8. The proposed change will not have a negative effect on the character ofthe surrounding area.
NOW,THEREFORE,BE IT ENACTED by the People of the City of Edgewater,Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY
WITHIN THE CITY OF EDGEWATER,FLORIDA.
The zoning classification for the property described in Exhibit"A"is hereby changed from Volusia County A-
3 (Transitional Agriculture) and City B-3 (Highway Commercial) to City RPUD (Residential Planned Unit
Development), pursuant to the associated Planned Unit Development (PUD) Agreement (attached and hereto
incorporated as Exhibit`B").
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER,FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official Zoning
Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described
property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions,or parts thereof in conflict with this ordinance,are hereby
superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative,
or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any
provisions thereof shall be held to be inapplicable to any person,property,or circumstances,such holding shall
not affect its applicability w any other person,property,or circumstance.
PART E. RECORDING.
Upon approval and execution,this document shall be delivered to the Clerk of Court for recording into
the public records of Volusia County,Florida.
9vikethmugh passages are deleted. 2
Underlined passages are added.
2019-O-19
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilwoman Power,with Second by Councilman Conroy,the vote on
the first reading of this ordinance held on November 18,2019,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberley Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary T.Conroy X
Stwkeihreugh passages are deleted. 3
Underlined passages are added.
2019-0-19
/1
After Motion to approve by (.tk71'�GYI L _!�� with Second by_
,r the vote on the second reading/public hearing of
this ordinance held on t-" 2020 was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberley Yaney \tea
Councilwoman Megan O'Keefe \fir
Councilman Gary T.Conroy �r
PASSED AND DULY ADOPTED this day of L, 2020.
ATTEST: CITY COUNCIL OLLHE
YMEW TE OR
� eco+
Robin Matuslck Mike ThilWas
City Clerk(Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day
legality by: Aaron R. Wolfe, Esquire o 2020 under Agenda Item No.
City Attorney 8�.
Doran, Sims, Wolfe, Ciocchetti &
Yoon
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Underlined passages are added.
2019-0-19
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land lying in Section 24, Township 18 South, Range 34 East, Volusia County,
Florida,being more particularly described as follows:
Commence at the Northwest comer of said Section 24 and run South 00033'52" East along the
West line of said Section 24, a distance of 1,400.00 Feet; thence North 86°18'56" East. a
distance of 2,556.53 Feet to the POINT-OF-BEGINNING; thence continue North 86018'56"
East along said line, a distance of 1,852.57 Feet to the Westerly Right-of-Way Line of U.S.
Highway Number 1 (a 158 foot wide Right-of-Way); thence South 22055'51" East along said
Westerly Right-of-Way Line,a distance of 210.25 Feet;thence South 87052'59"West, a distance
of 318.24 Feet; thence South 22055'51" East, a distance of 688.36 Feet; thence South 87053'15"
West, a distance of 189.25 Feet;thence North 22055'51" West, a distance of 310.00 Feet; thence
South 87053115" West, a distance of 221.88 Feet; thence South 22038'21"' East, a distance of
19.51 Feet; thence South 67°04'09" West, a distance of 120.00 feet; thence South 22°38'21"
East, a distance of 244.36 Feet; thence South 87°53'15" West, a distance of 481.76 Feet; thence
South 67043102" West, a distance of 501.79 Feet; thence North 22'35'17" West, a distance of
1,027.06 Feet to the POINT-OF-BEGINNING.
Subject to an Ingress/Egress and Utility Easement over the South 30 feet as described in Official
Records Book 2067, Page 1766 and Official Records Book 2146, Page 0825, of the Public
Records of Volusia County,Florida.
Subject to a perpetual Right-of-Way easement for road purposes as described in Deed Book 285,
Page 125, portions of which were released per Official Records Book 128, Page 278, inclusive
the Public Records of Volusia County, Florida.
AND
A part of US. Lot 2, and Northwest 1/4 of Section 24, Township 18 South, Range 34 East,
Volusia County, Florida, lying Easterly of the Florida East Coast Railway, a 100 foot Right of
Way and being more particularly described as follows: Commence at the Northwest corner of
said Section 24; thence South 00°34'36" East, along the West line of said Section 24, a distance
of 1400.00 feet; thence North 86°18'56" East, a distance of 2136.00 feet for the POINT OF
BEGINNING; thence South 22035'17" East a distance of 1161.29 feet; thence North 67°43'02"
East, a distance of 398.06 feet; thence North 22035'17" West, a distance of 1027.10 feet; thence
South 86018'56" West, a distance of 420.75 feet to the Point of Beginning, TOGETHER WITH
the right to use a 60 foot road and utility easement for ingress and egress as described in Official
Records Book 2067, Page 1766, Public Records of Volusia County,Florida.
AND
Commence at the Northwest comer of said Section 24 and tun South 00°33'52" East along the
West line of said Section 24, a distance of 1400.00 feet; thence North 86'18'56" East, a distance
of 4094.24 feet: thence South 22055'51" East, a distance of 201.03 feet to the Point of
Strike-dwBagh passages are deleted. 5
Underlined passages are added.
2019-0-19
Beginning; thence North 87°52'59" East, a distance of 318.24 feet to the Westerly right of way
line of US. Highway No. 1 (a 158 foot wide right of way); thence South 22°55'51"' East along
said Westerly right of way line, a distance of 688.39 feet; thence South 87053'15" West, a
distance of 318.25 feet; thence North 22055'51" West, a distance of 688.36 feet to the Point of
Beginning.
Containing 43.884f acres more or less.
Stfilee igreugM passages are deleted. 6
Underlined passages are added.
2019-0-19
PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT
LAKEVIEW ESTATES
�� --/{++L [..,
THIS AGREEMENT is made and entered into this �day of_ 1! _ , 2644,QCzp
by and between, the CITY OF EDGEWATER, FLORIDA, a municipal corporation, whose
mailing address is P.O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter
referred to as "City") and, Lakeview Estates of Edgewater, LLC, whose mailing address is 650
South Lakeview Drive, Lake Helen Florida 32744 (herein after referred to as " Developer").The
purpose of this Agreement is to define the terms and conditions granting the development
approval of the subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 43.883f acres located at west of
South Ridgewood Avenue and north of Clinton Cemetery Road, in Edgewater, Volusia County,
Florida. The legal description of the property is attached hereto as Exhibit "A" - Legal
Description. The record owner of the subject property is Lakeview Estates of Edgewater, LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty (30) years and run with the land. The
Developer shall commence construction as defined by the Master Plan, dated September 12,
2019 (Exhibit"B")within twenty-four(24) months of the effective date of this Agreement. The
Agreement may be extended by mutual consent of the governing body and the Developer,
subject to a public hearing. 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 wastes and on-site modification, fabrication, erection or installation of a
Lakeview Estates 1
treatment facility or a transmission system for the conveyance of potable water. Land clearing
and site preparation activities related to this construction are not included herein; however,
before undertaking land clearing activities, other permits for stormwater discharges from the site
may be required. Final approval shall include, but not be limited to utilities, stormwater, traffic,
fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning
elements.
3. DEVELOPMENT STANDARDS
Development of this Property is subject to the terms of this Agreement and in accordance
with the City of Edgewater's current Land Development Code (LDC). Final project approval
may be subject to change based upon final environmental, permitting, and planning
considerations and/or Federal and State regulatory agencies permit requirements.
a. Unit Count
Based on Final Subdivision Plan approval, the total number of units may vary, but the
maximum residential units permitted shall not exceed 3.09 dwelling units per net acre or 109
dwelling units.
b. Age Restricted Housina
Lakeview Estates shall operate the development as Age Restricted Housing for persons
55 years of age and older, as defined in, Section 760.29(4)(b)(3), Florida Statues, as may be
amended.
In no event shall any person under the age of 18 years reside within any dwelling unit
located on the property as a permanent resident.
Lakeview Estates 2
c. Minimum Lot Size
Sinele Family Dantex
Area: 6,900 square feet Area: 5,175 square feet.
Width:60feet Width: 45feet
Depth: 115 feet Depth: 115 feet
d. Minimum House Square Footage
The minimum gross house square footage shall be at least 1,200 square feet living area
under air, with a minimum of a two car garage and 18-foot driveway for single family residences
and a one car garage and 16400t driveway for duplexes. Carports will not be permitted.
e. Minimum Yard Size and Setbacks
Front: 20 feet
Rear: 10 feet
Side: 7.5 feet
Side Corner: 15 feet
Wetlands: 15 feet minimum;25 foot average
Maximum Height: 26-feet
Maximum Building Coverage: 60%
Maximum Impervious Coverage: 70%
Screen enclosures/porches: Rear: 5 feet
Swimming Pools: Rear: 5 feet from property line to pool deck edge
Side: 7.5 feet from property line to pool deck edge
f. Commercial
Future Commercial development of Lot A shall meet the regulations of the current Land
Development Code for the B-3 (Highway Commercial)zoning district.
Lakeview Estates 3
g. Trees
Minimum Tree Protection Requirements within the current LDC shall be met;
Preservation Areas depicted on the Master Plan may be utilized to meet said requirements.
Minimum number and type of trees for each residential building lot shall meet the requirements
of the current LDC.
h. Landscaping and Irrigation
Landscaping and irrigation plans for common areas must be submitted with final
construction plans and shall comply with the current LDC.
Developer shall install a vinyl fence with landscape buffer adjacent to excluded
residential parcels on Clinton Cemetery Road and shall be owned and maintained by the HOA.
Common areas and the entrance area shall be irrigated. All irrigation must comply with
all Volusia County Water Wise Landscape Irrigation Standards.
i. Roads
Roads within Lakeview Estates will have a minimum right-of-way of fifty-feet (50'),
including twenty feet (20') of pavement with a two (2) foot Miami curb and gutter per side and
constructed pursuant to the City's Standard Details. Said roads shall be dedicated to and
maintained by the HOA subsequent to final City inspection and by final plat. All private
roadways within the development shall be gated and equipped with a Knox box and a radio
controlled system, such as Click2Enter.
No on-street parking shall be permitted.
Golf carts shall be permitted within Lakeview Estates. Golf carts are defined as a motor
vehicle designed and manufactured for operation on a golf course for sporting or recreational
purposes that is not capable of exceeding speeds of twenty (20) miles per hour. All golf carts
Lakeview Estates 4
operating upon properly designated roads and streets shall meet all minimum equipment
standards established by Florida Statutes,as amended.
A minimum seven-foot (T) wide stabilized pathway, shared by adjoining lots, shall be
constructed by the developer for golf cart access from each residence to the roadway.
Developer shall install a driveway connection between the Property and the commercial
property to the north and provide an access easement by Final Plat.
j. Entrance to Subdivision
One entrance(s), per master plan, shall be permitted for accessing the development from
South Ridgewood Avenue; a left turn lane and right-turn deceleration lane shall be required and
permitted by the Florida Department of Transportation. One (1) emergency vehicle access will
be required from Clinton Cemetery Road.
k. Simaue
Signage will be located along the main entrance road, not within the right-of-way, and
shall meet the current City LDC. All future maintenance responsibility will be that of the
Homeowners Association.
1. Mailboxes
Developer agrees to request approval from the Unites States Postal Service for the use of
a Centralized Mail Delivery System(s)with lighted pull-off area.
m. 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.
n. Easements
Easements for rear yard construction purposes shall be located between every other
Lakeview Estates 5
lot and shall have a width of ten feet (10'), being five feet (5') on each side of the lot lines
for the benefit of the adjoining lots in the event that access to the rear of the lot is required
and the individual lot owners side yard width is not adequate to accommodate the
access. Easements for public utilities shall be dedicated to the City and any other public
utility provider.
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 Agreement.
o. Model Homes and Temoorary Sales Offices
Lots 3 and 4 may be designated for use as potential model home or temporary sales
office lots. A model home may be used as a sales office from the time the plat is recorded until
such time as the last lot is developed within the subdivision. Temporary structures, such as
trailers, recreational vehicles, and the like may be permitted as a temporary sales office while a
model home is under construction. Such temporary office shall only be permitted for an interim
period not to exceed 60-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, including testing and approval of the water system by
the Florida Department of Environmental Protection (FDEP), if on-site hydrants are
required to service the area where the proposed models will be constructed.
ii. Construction of access roads to the model home sites prior to building permit
issuance, to the extent necessary to allow sufficient access by City vehicles for
inspections.
Lakeview Estates 6
iii. Permanent utility connections cannot be made until the sanitary sewer system and
potable water system has been completed and certified to FDEP.
iv. Temporary power and/or gas utilities, once inspected and approved by the city, shall
be permitted until permanent utility connections are provided.
V. Any Sales Center shall provide handicap accessible restrooms.
Additional requirements, restrictions and conditions may be imposed by the City to
address specific site or project concerns. A Certificate of Completion issued as provided in the
Florida Building Code shall be deemed to authorize limited occupancy of the 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.
Temporary 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 Development in the following locations and numbers:
i. The maximum height of any temporary flags shall be eight feet (8) with a maximum
size of fifteen(15)square feet.
ii. The number of temporary flags shall not exceed four (4) and shall be permitted on
private/common property and prohibited in the right of way area and site triangle area
as outlined in the Land Development Code, Section 21-38.03.
iii. Each model home may have a ground-based sign, not exceeding 20 square feet with a
maximum height of eight(8)feet, indicating "Model Home".
iv. Each sales office may have may have a maximum of two (2) flags or signs not
exceeding fifteen (15) square feet each in area with a maximum height of eight (8)
feet indicating "Sales Center".
Lakeview Estates 7
V. Temporary event signs shall be allowed on private/common property within the
Development for special builder sale events, including but not limited to a "parade of
homes" or similar sales promotion. Such temporary signage shall be erected for no
more than 72 hours.A maximum of two special builder events shall be allowed in any
calendar quarter.
4. HOMEOWNERS ASSOCIATION
The Developer shall establish a mandatory Homeowners Association (HOA) for the purpose
of maintaining the property and enforcing applicable covenants and restrictions. The HOA
documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By-
Laws shall be reviewed and approved by the City prior to final plat approval.
The Declaration of Covenants, Conditions and Restrictions,Articles of Incorporation and
By-Laws for the HOA will be recorded in the public records of Volusia County at the time the
Final Plat is recorded.
5. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation is Low Density Residential and Commercial with
Conservation Overlay and the zoning designation is RPUD (Residential Planned Unit
Development) as defined in the City Land Development Code. The City of Edgewater's
permitted uses for RPUD (Residential Planned Unit Development) are applicable to the
development of the property and consistent with the adopted Comprehensive Plan/Future Land
Use Map. The City of Edgewater's permitted uses for B-3 (Highway Commercial)are applicable
to the development of Lot A.
6. PUBLIC FACILITIES
a. All utility services shall be underground.
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b. Off-site improvements are the Developer's responsibility and shall be required at the
time of Final Plat approval and City inspection approval and shall meet all City,
County and/or State requirements and approval.
c. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal,state,and local standards.
d. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
c. Developer, at the time of development, shall provide all public facilities to support
this project including the following:
i. Water Distribution System including fire hydrants. Developer agrees to connect to
and utilize the City's water distribution system. Developer agrees to connect to the
City's potable water system at nearest point of connection. All water distribution
systems shall be "looped" wherever possible in order to prevent any future
stagnation of water supply. All water main distribution system improvements will
be installed by the Developer and conveyed to the City by Bill of Sale in a form
acceptable to the City and dedicated to the City prior to or at time of platting or in
accordance with the requirements contained in the Land Development Code as
it relates to performance bonds.
ii. Sewage Collection and Transmission System. 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.
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iii. Stormwater collection/treatment system, including outfall system. The retention
and detention pond(s) shall meet the requirements for the St. Johns River Water
Management District, Volusia County, and the City of Edgewater. The pond(s)
will be owned and maintained by the Homeowners Association (HOA).
Developer is required to provide an outfall to a publicly owned or controlled
drainage conveyance system, and obtain an off--site drainage easement space if
necessary. The on-site 100-year flood elevation shall be established to the
satisfaction of the Flood Plain Manager or FEMA. Compensatory Storage shall be
provided for per the requirements set forth in Article IV (Resource Protection
Standards)of the LDC, as may be amended from time to time.
iv. Reclaimed Water Distribution System. The City has determined that reclaimed
water may be available in the foreseeable future. Therefore, the Developer shall
install 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. 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. Once reclaimed water is
provided to the area the development must covert irrigation systems to said
reclaim water system within 30 days of availability.
V. All required pavement marking and signage (stop signs, road signs, etc.) within
the Subdivision. All permanent markings and signage shall comply with Florida
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Department of Transportation (FDOT) standards. Enhanced special signage may
be used if it meets FOOT standards and approved by the City.
vi. Sidewalks. A four-foot(4')public sidewalk to be installed by the Developer on all
common areas within the development,connecting to the existing sidewalks along
South Ridgewood Avenue and four-foot (4') sidewalks to be installed by
individual builders along the front of each residential lot prior to issuance of
Certificate of Occupancy by the City of Edgewater. Sidewalks along common
areas shall be constructed and approved by the City prior to issuance of the first
Certificate of Occupancy for the development. Developer shall provide a bond or
surety in a form acceptable to the City in the amount as stated per the current fee
resolution per lineal foot for two(2) years. If sidewalks are not completed within
two(2) years,the Developer will install the remaining sidewalks.
vii. Recreation and Open Space. Three (3) active and passive recreation areas,
including a clubhouse and swimming pool,totaling 14.48t acres and 19.45t acres
of open space will be provided to serve the residents as depicted on Exhibit `B"
Master Plan. Ownership and maintenance responsibility of all recreation and
open space areas will be that of the Homeowner's Association.
viii. Streetlights shall be installed by the Developer at all entrances and intersections
and shall meet the requirements set forth in the LDC prior to issuance of the
Certificate of Occupancy on the first dwelling unit. The HOA will be responsible
for the streetlights; including payment to Florida Power and Light for
maintenance and power consumption.
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7. IMPACT FEES
Impact fees will be paid in accordance with the following schedule:
a. Applicable City Impact Fees and Connection Fees shall be paid at the issuance of
a Building Permit for each dwelling unit at the prevailing rate authorized at the
time of payment.
b. Volusia County Road and School Impact fees (if deemed applicable by the
Volusia County School District) - Paid to County by applicant with proof of
payment provided to the City prior to a Building Certificate of Occupancy.
S. BONDS
A Maintenance Bond equal to 10%of the cost of the infrastructure improvements shall be
provided to the City prior to recording the Final Plat. The Maintenance Bond shall be in
effect for a two(2)year period from the date of completion of the public facilities.
If the developer desires to plat the proposed subdivision prior to the installation of
improvements, a Performance Bond,or other acceptable financial instrument such as a Letter
of Credit, may be accepted by the City and shall be 130% of the costs of all remaining
required improvements.
9. 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 and is compliant with all concumency
requirements set forth in said documents.
10.PERMITS REOUHZED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
Lakeview Estates 12
1. Department of Environmental Protection, St. Johns River Water Management District,
Army Corps of Engineers and Florida Fish and Wildlife Conservation Commission,
Department of Health, Department of Transportation and Volusia County.
2. City of Edgewater - Subdivision Preliminary and Final Plat Approval, Subdivision
Construction Plan Approval, all applicable clearing, removal, construction and building
permits.
Developer agrees to reimburse the City of Edgewater for direct costs associated with the
legal review, engineering review, construction inspections, construction of required
infrastructure improvements, and the review and approval of the final plat related to the
development, including recording fees.
11. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City, by warranty deed and title insurance free and
clear of all liens and encumbrances at plat dedication, utility easements as required. All utilities
shall be dedicated to the City of Edgewater.
12. 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.
13.HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions or other
Lakeview Estates 13
requirements determined to be necessary by the City for the public health, safety or welfare of its
citizens.
14.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.
15.PERFORMANCE GUARANTEES
During the tern 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.
16.BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, 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.
17.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.
18.PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12 months,
Lakeview Estates 14
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 failure to materially comply with the terns of this
Agreement, the Agreement may be revoked or modified by the City. Any such revocation or
modification shall only occur after the City has notified the Developer in writing of Developer's
failure to materially comply with the terms of this Agreement and Developer fails to cure such
breach after receiving written notice and a reasonable opportunity to cure such breach from the
City.
19.APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
20.TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
21.AGREEMENVAMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment. Substantial changes, as determined by the City Manager,
shall require City Council approval.
22.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
Lakeview Estates is
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
23.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.
24.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.
25. 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.
26.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.
27.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
Lakeview Estates 16
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: CITY COUNCIL OF THE
CITY � GEWA � O A
�I r —p 4CYmk.a ey.
Robin L. Matusick, ichae as,
City Clerk/Paralegal Mayor
Lakeview Estates 17
Witnessed by: DEVELOPER
T��.1 /Tin//-, /%GB�.L-•
STATE OF FLOC A
COUNTYOF V0 mLA510- � �n-I
The foregoing instruent was acknowledged before me on this 2D ay of ' o 19,
by Gl/I�) .✓i /,C/.. , who is ersonally known to or
has produced as identification and who did(did not)take an oath.
`Utiit1f 1C 1111///N
\``` �saioH� F
Notary Public ;'.p� ti'�r< •' s
Stamp/Seal '* "u'•
e
Froa
It
Lakeview Estates 1R
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land lying in Section 24, Township 18 South, Range 34 East, Volusia County, Florida, being
mare particularly described as follows:
Commence at the Northwest comer of said Section 24 and run South 00°33'52"East along the West line
of said Section 24, a distance of 1,400.00 Feet;thence North 86°I8'56" East. a distance of 2,556.53 Feet
to the POINT-OF-BEGINNING; thence continue North 86018'56" East along said line, a distance of
1,852.57 Feet to the Westerly Right-of-Way Line of U.S. Highway Number 1 (a 158 foot wide Right-of-
Way); thence-South 22'55'51" East along said Westerly Right-of-Way`Line,a distance of 210.25 Feet;
thence South 87052'59" West, a distance of 318.24 Feet; thence South 22055'51" East, a distance of
688.36 Feet; thence South 87053'15" West, a distance of 189.25 Feet; thence North 22055'51" West, a
distance of 310.00 Feet; thence South 87053'15" West, a distance of 221.88 Feet; thence South
22038'21"'East,a distance of 19.51 Feet; thence South 67004'09"West,a distance of 120.00 feet;thence
South 22038'21"East,a distance of 244.36 Feet;thence South 87053'l5"West,a distance of 481.76 Feet;
thence South 67043'02" West, a distance of 501.79 Feet; thence North 22035'17" West, a distance of
1,027.06 Feet to the POINT-OF-BEGINNING.
Subject to an Ingress/Egress and Utility Easement over the South 30 feet as described in Official Records
Book 2067, Page 1766 and Official Records Book 2146, Page D825, of the Public Records of Volusia
County,Florida.
Subject to a perpetual Right-of-Way easement for road purposes as described in Deed Book 285, Page
125, portions of which were released per Official Records Book 128, Page 278, inclusive the Public
Records of Volusia County,Florida.
AND
A part of US. Lot 2, and Northwest 1/4 of Section 24, Township 18 South, Range 34 East, Volusia
County, Florida, lying Easterly of the Florida East Coast Railway, a 100 foot Right of Way and being
mom particularly described as follows: Commence at the Northwest comer of said Section 24; thence
South 00034'36" East, along the West line of said Section 24, a distance of 1400.00 feet; thence North
86018'56"East,a distance of 2136.00 feet for the POINT OF BEGAINING;thence South 22035'17"East
a distance of 1161.29 feet; thence North 67043'02" East, a distance of 398.06 feet; thence North
22035'17"West,a distance of 1027.10 feet;thence South 860 18'56"West,a distance of 420.75 feet to the
Point of Beginning, TOGETHER WITH the right to use a 60 foot road and utility easement for ingress
and egress as described in Official Records Book 2067, Page 1766, Public Records of Volusia County,
Florida.
AND
Commence at the Northwest comer of said Section 24 and ran South 00033'52"East along the West line
of said Section 24, a distance of 1400.00 feet; thence North 86018'56" East, a distance of 4094.24 feet:
thence South 22055'51"East,a distance of 201.03 feet to the Point of Beginning;thence North 87'52'59"
East, a distance of 318.24 feet to the Westerly right of way line of US. Highway No. 1 (a 158 foot wide
right of way); thence South 22055'51'" East along said Westerly right of way line, a distance of 688.39
feet;thence South 87053'15"West,a distance of 318.25 feet;thence North 22055'51"West,a distance of
688.36 feet to the Point of Beginning.
Lakeview Estates 19
EXHIBIT-B'
MASTER PLAN
VW
PDA-100
Ukm.Estates 20