LAKE WATERFORD ESTATES
Covenants
Every effort has been made to ensure the accuracy of this representation. The amendment has been placed within the appropriate area.
For official reference, please consult the original documents located at the following location:
LAURA E. ROTH | Clerk of the Circuit Court, Volusia County Florida
Book 3506 Starting Page 1749 Filed 08/08/1990 (Rezoning)
Book 3717 Starting Page 1007 Filed 12/31/1991 (Orig. Covenants)
Book 3822 Starting Page 1107 Filed 04/22/1993 (Refile Covenants(a))
Book 3822 Starting Page 1114 Filed 04/22/1993 (Refile Covenants(b))
Book 6687 Starting Page 1970 Filed 03/06/2012 (Amendment) LWE 2/1/2025
Additions indicated by underlining
Deletions indicated by strike-through (—-)
Unaffected omitted language indicated by ellipsis (…)
DECLARATION OF COVENANTS, EASEMENTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, Made on the date hereinafter set forth” by RONDACK, INC., hereinafter referred to as “Declarant “.
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in Volusia County, State of Florida, which is more particularly described in Exhibit “A” attached hereto;
NOW THEREFORE, Declarant hereby declares that all of the properties described in Exhibit “A”, and any properties subsequently added by the Developer pursuant to this Declaration, shall be held, sold and conveyed subject to the to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
Definitions
Section 1. “Association”
shall mean and refer to the Lake Waterford Estates Homeowners Association, Inc., its successors and assigns.Section 2. “Owner”
shall mean and refer to the record owner, whether one or more persons or entities of a fee simple title to any Lot or Living Unit which is a part of the Properties, but excluding those having such interest merely as security for the performance of an obligation, unless and until such interest has been acquired pursuant to foreclosure or any proceeding in lieu of foreclosure.Section 3. “Properties”
shall mean and refer to that certain real property described in Exhibit sometimes herein referred to as “Unit One” of Lake Waterford Estates, and such additions thereto as may hereafter be brought within the jurisdiction of the Association pursuant to this declaration.Section 4. “Common Area”
shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is depicted on Exhibit “B” attached hereto. Future annexation of Common Area shall be as provided in this declaration.Section 5. “Lot”
shall mean and refer to any plot of land shown upon any recorded subdivision of the Properties with the exception of the Common Area.Section 6. “Living Unit”
shall mean and refer co any portion of a building situated upon the Properties designed and intended for use and occupancy as a residence by a single family.Section 7. “Declarant”
shall mean and refer to RONDACK, INC., a Florida corporation, its successors and assigns if such successors or assigns should Lot from the Declarant for the purpose of development.Section 8. “Member”
shall mean and refer to all those Owners who are members of the Association as provided in Article III herein.Section 9. “Planned Unit Development”
Planned Unit Development shall mean and refer to Lake Waterford Estates, the proposed development of the real property described in exhibit “C”, which was approved by the County Council of Volusia County, Florida on February 8, 1990.Section 9. “Structure”
shall mean and refer to:(a.) Anything or object (other than trees, shrubbery, and landscaping) the placement of which upon any Lot may affect the appearance of such Lot, including by way of illustration and not limitation, any building or part thereof, garage, porch, shed. greenhouse or bathhouse, coop or cage, covered patio, swimming pool, fence, curbing, paving, wall, signboard or any temporary or permanent improvements to such Lot; and
(b.) Any excavation, fill, ditch, diversion dam or other thing or device which affects or alters the natural flow of surface waters from, or across any lot, or common area, or which affects or alters the flow of any waters in any natural or artificial stream, wash or drainage channel from. upon or across any Lot or Common Area.
Section 10. “Surface Water or Stormwater Management System”
means a system which is designed and constructed or implemented to control discharges which are necessitated by rainfall events incorporating methods to treat, use or reuse water to prevent or reduce flooding, overdrainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the system, as permitted pursuant to Chapters 40C—4, 40C—40, or 40C—42,F.A.C.ARTICLE II
Property Rights
Section 1. “Property Subject to Declaration”
The real property subject to this Declaration is described in Exhibit “A” attached hereto and made a part hereof by reference. The Declarant intends to develop the Properties and its adjoining lands described in Exhibit “c” in accordance with the Planned Unit Development agreement, but hereby reserves the right to modify the Planned Unit Development (with respect to the properties and other lands included in the Planned Unit Development) from time to time in its sole discretion and at its option. Additional real property (including Common Property) shown or encompassed by Exhibit “C” as amended from time to time may be added to the Properties by an Amendment or Supplemental Declaration which will include the description of such additional real estate, and which submits the additional lands to the provisions of this Declaration. Additions shall occur within twenty (20) years from the date that this Declaration is recorded. The Amendment or Supplemental Declaration shall be executed by the Declarant without requiring the joinder or consent of any entity. The Amendment or Supplemental Declaration when recorded in the Public Records of Volusia County, Florida, shall bring the additional property under the provisions of this Declaration.The Declarant shall not be required to follow any predetermined order of improvement and development within the Planned Unit Development or Properties and it may bring within this Declaration additional lands and develop them before completing the development of the Properties. The Declarant shall have the full power to add to. subtract from or make changes in the Planned Unit Development regardless of the fact that such actions may alter the relative voting strength of the membership of the Association and the maximum annual assessments levied by the Association.
Section 2. “Owners Easements of Enjoyment”.
Every owner and their guests shall have a right and easement of enjoyment in and to the Common Area and the streets and rights of way within Lake Waterford Estates (as platted in exhibit “B” and including future plats which may be added to the Property) which shall be appurtenant to and shall pass with the title to every Lot and Living Unit, subject to the following provisions.(a.) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(b.) The right of the Association to suspend the voting rights and right to use any recreational facilities by an owner for any period during which any assessment against his Lot or Living Unit remains unpaid and for a period not to exceed 60 days for any infraction of its published rules and regulations;
(c.) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3 of each class of members has been recorded in the Public Records of Volusia County, Florida;
(d.) The right of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of acquiring and improving Common Area and, in aid thereof, to mortgage said properties. In the event of a default upon any such mortgage the lender ‘s rights hereunder shall be limited to a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoyment by the members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied, whereupon the possession of such properties shall be returned to the Association and all rights of the Members hereunder shall be fully restored.
Subject to the provisions of these covenants and restrictions and the rules and regulations of the Association, each owner and their guests shall have a non—exclusive easement of enjoyment for the normal use intended in and to the streets and rights of bf way including but not limited to vehicular travel, stormwater drainage and utilities.
Section 3. “Delegation of Use”
Any owner may delegate, in accordance with the Association’s Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.ARTICLE III
Membership and Voting Rights
Section 1. “Owners”
Every owner of a Lot or Living Unit which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot or Living Unit which is subject to assessment.Section 2. “Classes”
The Association shall have two classes of voting membership:“Class A”
“Class B.”
Class B member shall be the Declarant and shall be entitled to three votes for each assessment Lot or Living Unit owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:(a.) When 90% of the lots are sold, or;
(b.) On December 31, 1997.
ARTICLE IV
Covenants Maintenance Assessments
Section 1. “Creation of the Lien and Personal Obligation of Assessments”.
The Declarant, for each Lot or Living Unit owned within the Properties, hereby covenants, and each Owner of any Lot or Living Unit, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association.(1.) Annual assessments or charges, and
(2.) Special assessments for capital improvements such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney’ s fees, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessment shall not pass to his successors in title unless expressly assumed by them.
Section 2. “Purpose of Assessments”.
The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and of the homes situated upon the properties, and for the acquisition, improvements, maintenance and any other expenses associated with the common Area, the roadways or improvements within the rights of way within Lake Waterford Estates.Section 3. “Maximum Annual Assessment”.
Until January 1 of the year immediately following the conveyance of the first Lot or Living Unit to an Owner, the maximum annual assessment shall be $800 per Lot or Living Unit. The initial $800 assessment shall be due at closing. There shall be a one-time $200 assessment for security due at closing.(a.) From and after January I of the year immediately following conveyance of the first Lot or Living Unit to an owner, the maximum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of the membership.
(b.) From and after January 1 of the year immediately following the conveyance of the first Lot or Living Unit to an Owner, the maximum annual assessment may be increased above 5% by a vote of 2/3 of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
(c.) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
Section 4. “Declarant’s Assessments”.
Not withstanding anything herein to the contrary, after the Declarant conveys the Common Area to the Association, Declarant shall be obligated to pay assessments for any Lot or Living Unit owned by it in an amount equal to 25% of the assessment then being levied against other lots or living units.Section 5. ” Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any acquisition of Common Area. and construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, the rights of way or the roadways within Lake Waterford Estates, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of 2/3 of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.Section 6. “Notice and Quorum for Any Action Authorized Under Sections 3 and 5”.
Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 5 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of the members or of proxies entitled to cast sixty percent (60%) of the total vote shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be ½ of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.Section 7. “Uniform Rate of Assessment”.
Except as otherwise provided in Section 4, both annual and special assessments must be fixed at a uniform rate for all Lots and Living Units and may be collected from time to time as the Board of Directors of the Association, in its discretion, may decide.Section 8. “Date of Commencement of Annual Assessments”.
Due Dates. The annual assessments provided for herein shall commence as to all Lots and Living Units on the first day of the month following the conveyance of the Common Area to the Association. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least 30 days in advance of each annual period. Witten notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified Lot or Living Unit have been paid. A properly executed certificate of the Association as to the status of assessments and a Lot or Living Unit is binding upon the Association as of the date of its issuance.Section 9. “Effect of Nonpayment of Assessments”.
Remedies of the Association. Any assessment not paid within 30 days after the due date shall bear interest from the due date at the rate of 12% per year. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non—use of the Common Area or abandonment of his Lot or Living Unit.Section 10. “Subordination of the Lien to Mortgages”.
lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. The sale or transfer of any Lot or Living Unit shall not affect the assessment lien. However, the sale or transfer of any Lot or Living Unit pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot or Living Unit from liability for any assessments thereafter becoming due or from the lien thereof.Section 11. “Exempt Property”.
The following property subject to this Declaration shall be exempt from the assessments, charge and lien created herein;(a.) All properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use;
(b.) All Common Area as defined herein;
(c.) All properties exempted from taxation by the laws of the State of Florida, upon the terms and to the extent of such legal exemption. Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges or liens;
(d.) All Commercial Lots, if any.
ARTICLE V
Common and Roadway Maintenance
The Association shall maintain the Common Area and be responsible for the maintenance, operation and repair of the roadways within Lake Waterford Estates and the surface water or stormwater management system. Maintenance of the surface water or stormwater management system(s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. Johns River Water Management District. The Association shall be responsible for such maintenance and operation. Any repair or reconstruction of the surface water or stormwater management system shall be as permitted, or if modified as approved by the St. Johns River Water Management District and the County of Volusia.
ARTICLE VI
Exterior Maintenance
Section 1. “Exterior Maintenance”.
In addition to maintenance upon the Common Areas, the Association may, at the request of the Owner, provide exterior maintenance upon each Lot and Living Unit which is subject to assessment as follows: paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements.Section 2. “Assessment of Costs”.
The cost of such exterior maintenance shall be charged against the Lot or Living Unit upon which such maintenance is done. The Board, in its discretion, may require payment in advance, or such cost of maintenance may be added to and become a part of the annual maintenance assessment or charge to which such Lot or Living Unit is subject under Article IV hereof and, as part of such annual assessment or charge, it shall be a lien and obligation of the Owner and shall become due and payable in all respects as provided in Article IV. The Board of Directors of the Association, when establishing the annual assessment against each Lot or Living Unit for any assessment year as required under Article IV hereof, may add thereto the estimated cost of the exterior maintenance for that year but shall, thereafter, make such adjustment with the Owner as is necessary to reflect the actual cost thereof.Section 3. “Owner’s Failure to Maintain Premises”.
In the event an Owner of any Lot or Living Unit in the Properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by 2/3 vote of the Board of Directors, and after 15 days written notice to the Owner, shall have the right. through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot or Living Unit and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance, together with 10% of such cost to cover the administrative expenses of the Association, shall be added to and become part of the assessment to which such Lot or Living Unit is subject.Section 4. “Access at Reasonable Hours”.
For the purpose solely of performing the exterior maintenance authorized by this Article, the Association, through its duly authorized agents or employees, shall have the right, after reasonable notice to the Owner, to enter upon any Lot or exterior of any Living Unit ae reasonable hours on any day except Sunday.ARTICLE VII
Architectural Control – Design Review Board
Section 1. “Formation”.
The developer shall upon the recording of this Declaration, immediately form a committee known as the “Design Review Board” (the DRB). The DRB shall be composed of three (3) individuals, including at least one Architect, all of whom are appointed by the Declarant. The members of the initial DRB need not be members of the Association. When the Declarant no longer owns any property within the Lake Waterford Estates, the members of the DRB shall be appointed by the Board of Directors of the Association. The Board of Directors must appoint at least one Architect and one member of the Association.The affirmative vote of two of the total membership of the DRB shall be required in order to adopt or promulgate any rule or regulation, or to make any findings, determinations, ruling or orders, or to issue any permit, authorization or approval pursuant to directives or authorizations contained herein. Any approval by the DRB in accordance with the terms hereof shall be final and binding.
Neither the Association. the Board of Directors nor the members of the Association shall have the authority to amend or alter the number of members of the DRB which is irrevocably herein set forth as three members.
Section 2. “Review by the Design Review Board”.
No building, fence, wall, dock, mailbox, or other structure shall be commenced or erected upon the property nor shall any exterior addition to or change or alteration be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the DRB. Written approval of the DRB is required for any clearing or tree removal.Section 3. “Rules, Statements of Policy, and Effect of DNB Approvals”.
The DRB may promulgate rules governing the form and content of plans to be submitted for approval or requiring specific improvements on Lots or Living Units , including , without limitation, exterior lighting and planting, and may issue statements of policy with respect to approval or disapproval of the architectural styles or details, or other matters, which may be presented for approval . Such rules and such statements of policy may be amended or revoked by the DRB at any time, and no inclusion in, omission from or amendment of, any such rule or statement shall be deemed to bind the DRB to approve or disapprove any feature or matter subject to approval, or to waive the exercise of the DRB’s discretion as to any such matter, but no change of policy shall affect the finality of any approval granted prior to such change. Approval for use on any Lot or Living Unit of any plans or specifications shall not be deemed a waiver of the DRB’s right, in its discretion, to disapprove such plans or specifications or any of the features or elements included therein if such plans, specifications, features or elements are subsequently submitted for use on any other Lot or Living Unit. Approval of any such plans and specifications relating to any Lot or Living Unit, however, shall be final as to that Lot or Living Unit and such approval may not be revoked or rescinded thereafter, provided,(a.) that the Structures or uses shown or described on or in such plans and specifications do not violate any specific prohibition contained in any covenants and/or restrictions recorded against said Lot or Living Unit, and
(b.) that the plans and specifications, as approved, and any condition attached to any such approval, have been adhered to and complied with in regard to all Structures on and uses of the Lot or Living Unit in question.
In the event that the DRB fails to approve or disapprove any plans and specifications as herein provided within 30 days after submission thereof, the same shall be deemed to have been approved, as submitted, and no further action shall be required.
Section 4. “Fees”.
The DRB may charge and collect a reasonable fee for the examination of any plans and specifications submitted for approval pursuant to this Article VI I, payable at the time such plans and specifications are submitted.Section 5. “Disapproval of Plans”.
The DRB, in its sole discretion, based on standards promulgated by it, shall have the right to disapprove any plans and specifications submitted hereunder because of any of the following:(a.) the failure of such plans and specifications to comply with any covenants and/or restrictions recorded upon the Properties;
(b.) failure to include information in such plans and specifications as may have been reasonably requested;
(c.) objection to the exterior design, appearance, or materials of any proposed Structure;
(d.) incompatibility of any proposed Structure or use with existing Structures or uses upon other Lots or Living Units in the vicinity;
(e.) objection to the grading, lighting, or landscaping plans for any Lot or Living Unit;
(f.) objection to the color scheme, finish, proportions, type of architecture, height, bulk, or appropriateness of any proposed Structure;
(g.) objections to parking areas proposed for any Lot or Living Unit on the grounds of
(i) incompatibility to proposed uses and structures on such Lot or Living Unit or
(ii) the insufficiency of Che size of parking areas in relation to the proposed use of the Lot or Living Unit; or
(h.) any other matter which, in the judgement of the DRB, would render the proposed Structure, Structures or uses inharmonious with the general plan of improvement of the properties or with Structures or uses located upon other Lots or Living Units in the vicinity.
In any case where the DRB shall disapprove any plans and specifications submitted hereunder or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement of the grounds upon which such action was based. In any such case the DRB shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal can be prepared and submitted for approval.
ARTICLE VIII
General Restrictions – Use and occupancy
Section 1. “General Restrictions”.
The following restrictions shall apply to all Lots or Living Units on the Properties:(a.) “General Prohibition”.
NO dwelling, dwelling house, garage, outbuilding, structure or appurtenance of any kind, including additions or substantial alterations thereto, shall be erected, placed or maintained on the Properties, or any portion thereof , that does not conform to applicable governmental regulations and to the standards, requirements, prohibitions and provisions of this Declaration, and all such construction or development shall be performed, completed, erected, placed and maintained only in accordance with the plans and specifications required herein as approved by the DRB.(b.) “Only Residential Purposes”.
No Lot or Living Unit shall be used in whole or in part for anything other than residential purposes, except for model Living Units which may be maintained by the builder of Declarant only for purposes of the sale of Living Units and Lots within the properties unless submitted to and approved in writing by the DRB. Other than conducting the sale of Living Units and Lots, no trade, traffic, or business of any kind, whether professional, commercial, industrial, manufacturing or other nonresidential use, shall be engaged in or carried on upon the Properties or any part thereof written without DRB’s written approval nor shall anything be done thereon which may be or which may become an annoyance or nuisance to the residents of the Properties or adjacent properties.(c.) “Subdivision”.
NO Lot or Living Unit shall be subdivided or split by any means whatsoever into any greater number of residential plats or units nor into any residential plat or unit of smaller size without the express written consent of the DRB. In addition, any subdivision must comply with all Volusia County Subdivision and Zoning Regulations.(d.) “Removal of Buildings”.
No building or structure shall be moved from or upon the Properties or Lots without written consent of the DRB.(e.) “Occupancy Before Completion”.
No building or structure upon the Properties shall be occupied until it is completed and complies with the terms and provisions of this Declaration.(f.) “Maintenance and Repair”.
All dwellings, structures, buildings, outbuildings, walls, driveways and fences placed or maintained in the Properties or any portion thereof, shall at all times be maintained in good condition and repaired.(g.) “Completion of Construction”.
All exterior construction and paint and stain finishing for which plans and specifications are required herein to be submitted to the DRB for approval, shall be completed within one year from the date of approval for said approval to remain in force, unless the DRB shall grant a greater period of time to complete said construction, or shall grant an extension of said one—year period.(h.) “No Temporary Buildings”.
No tent, shack, trailer, house trailer, basement, garage, or other outbuilding shall at any time be used on any Lot as a residence temporarily or permanently; and no building or dwelling of a temporary character shall be permitted, except as follows: buildings necessary for construction taking place on the Properties and not intended to be used as living accommodations during the course of construction; and model homes and sales or leasing offices provided that DRB approval is given.(i.) Grass, hedges, shrubs, vines and mass planting of any type on each lot shall be kept trimmed and cut so as to maintain the same in a neat and attractive manner.
(ii.) No weeds, vegetation, rubbish, debris, garbage, waste materials, or materials of any kind whatsoever shall be placed or permitted to accumulate upon any portion of a Lot, which would render it unsanitary, unsightly, offensive, or detrimental to the Properties in the vicinity thereof or to the occupants of any property in the vicinity.
(iii.) No building material of any kind or character shall be placed or stored upon any Lot so as to be open to view by the Public or neighbors, unless such material will be used and is used within three months after the construction of buildings or structures upon the Lot on which the material is stored.
(j.) “Preservation of Existing Trees.
No existing tree greater than four inches in caliper measured four and one— half feet above the ground shall be removed from any Lot for any reason except disease, without DRB approval. Tree removal in environmental easements shall be limited as described further in these deed restrictions and shall comply with Florida Statutes.(k.) “Fences”.
Walls, Hedges, Mass Planting of Any Type.(i) No hedge or mass planting of any type exceeding three feet above the finished graded surface of the ground upon which it is located shall be planted, placed or maintained between the street and the front setback line of any Lot without the written consent and approval of ORB.
(ii) No fence, wall, hedge, mass planting of any type shall be constructed, planted, placed or maintained upon any Lot without the written consent and approval of the DRB. All fences must be in compliance with section 806 of the Volusia County zoning Ordinance and in no case shall a fence, wall, hedge or mass planting of any type exceed six (6) feet in height. Any such fencer wall, hedge or mass planting must be planted, placed or constructed in such a way that it does not hinder wildlife movement.
(l.) “Animals, Birds, and Fowl”.
No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that a reasonable number of dogs, cats, or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes. In the event of dispute as to the reasonability of the number of such cats, dogs, or household pets kept upon the Properties, the decision of the DRB shall control. No ducks, or other waterfowl, wild or domestic, shall be kept or fed. In addition to the above, the number of pets allowed must be kept in compliance with the Volusia County Zoning Ordinance.(m.) “Laundry”.
No clothes, sheets, blankets or other articles shall be hung out to dry in the side or front yards of any Lot except in a rear yard enclosed by a lattice, fence, wall or other screening device approved by the DRB.(n.) “Aerials”.
No radio, television or other aerial, antenna, tower or transmitting or receiving aerial, or support thereof, shall be erected, installed, placed or maintained upon any building or structure, except those devices which may be erected, installed, placed or maintained and used under eaves or entirely within the enclosed portion of the individual dwelling unit or garage; and in no event shall such devices protrude above the highest point of the dwelling situated upon such Lot, or extend more than one foot from overhang or wall, provided however, that the Association may erect towers on the Properties for the purpose of providing master antenna service. If such service is provided, it shall be made available to every Living Unit Owner on a reasonable and equitable basis.(o.) “Exterior Lighting.
Every Owner of a single-family lot, shall, at the time of constructing a Living Unit upon the Lot, provide a yard light of a type, design and location to be determined by the DRB. Such yard light shall continuously be kept lit daily between the hours of dusk and dawn and be maintained in good working order by the Owner of the Lot in question.No exterior lighting fixtures shall be installed on any Lot or Living Unit without adequate and proper shielding of the fixture. No lighting fixture shall be installed that may become an annoyance or a nuisance to the residents of adjacent properties.
(p.) “Boat and Vehicle Storage.
(i)NO automobile, truck, trailer, boat trailer, or other vehicle shall be parked, left, or stored upon any single family lot, unless it is parked, left, or stored in a garage or other enclosure so it is not open to view by the public or owners within the vicinity camper, mobile home, travel trailer, commercial van, commercial truck, trailer, motorcycle or other similar motor vehicle shall be stored or permitted to remain on any single family lot or public street unless inside a garage or otherwise parked, stored or located in such a manner and location on a lot so as not to be visible from the public streets, the lake or neighboring lots. Provided, however, that up to two automobiles may be parked on a finished driveway on any single lot for a maximum period of 48 96 hours, if said automobile is owned or is intended for use by the owner or occupant of the Living Unit on the Lot, and such automobile is in good state of repair.,
(ii) No boat shall be parked, left or stored on any lot or parking Area unless it is parked, left, or stored in a garage or boat house or otherwise screened from view from the public streets, the lake or neighboring lots. If a boat is stored on the lake, It must be securely tied to a dock if it is not raised out of the water by davits or some other device.
(q.) “Utilities”.
(i) Wires and conduits for the transmission or distribution of electricity, telephone and other purposes; public sewers; land drainpipes; water and gas mains; or other pipes shall be placed beneath the surface of the ground, except that street light standards and similar electrical equipment may be placed upon the surface after the DRB has approved the design, location and, where needed, the proposed screening.
(ii) Temporary poles used for the transmission of electricity, telephone and other purposes during the original period of dwelling construction may not be erected, placed, installed or maintained on any Lot or portion of the Properties after the construction of dwellings has been completed, without the consent and written approval of DRB.
(r.) “Excavation”.
No excavation for stone, gravel, sand, or dirt shall be made on any portion of the Properties, except for the construction of dwellings, walls, fences, foundations, structures, landscaping, swimming pools and other appurtenances, plans and specifications for which excavations have been approved by the DRB. This provision does not affect excavation by the Declarant, or its successors, pursuant to its existing permit form the St. Johns River Water Management District.(s.) “Oil and Mining operations”.
NO drilling or exploration for or development of oil , gas or other hydrocarbons, or refining, quarrying, or mining operations of any kind, shall be permitted upon or in any Lot, nor shall any wells tanks , tunnels, mineral excavations or shafts be permitted upon or in any Lot, and no derricks or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.(t.) “Signs”.
Except as otherwise permitted by the DRB, no sign of any character shall be displayed or placed upon any Lot or Living Unit except “for rent” or “for sale” signs which signs may refer only to the particular premises on which displayed, shall not exceed three square feet in size, shall not extend more than three feet above the ground, and shall be limited to one sign pet Lot or Living Unit.(u.) “Refuse”.</em >
No trash, garbage, rubbish, debris, waste materials or other refuse shall be deposited or allowed to accumulate or remain on any Lot. Unless otherwise approved by the DRB, lightweight containers, weighing not more than 25 pounds, are permitted waste materials or other refuse. Said containers must be tied or closed at all times and kept within a utility yard or other enclosure so the same in not open to view by the public or residents within the vicinity. Said containers shall not be placed on the street side for removal of refuse prior to the evening before the announced pickup time. Said containers must be returned to utility yard or enclosure within eight hours after announced pickup time. All trash, garbage, rubbish, debris waste materials or other refuse must be placed in said containers at all times and shall never be placed in exposed plastic bags due to the potential for destruction by wildlife and domestic animals.(v.) “Nuisances”.
No noxious or offensive trade or activity shall be permitted on any Lot or Living Unit, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.(w.) “Preservation and Maintenance of Slopes Banks and Swales”.
No person shall construct, damage, destroy, open, reduce, remove, alter, modify or install anything or improvement within, over or upon any bank, slope or swale within the Properties without first obtaining DRB approval. No construction or excavation in the proximity of any canal, bank, slope or swale shall be permitted which, in the opinion of the DRB, would impair the stability of the slopes in said areas.(x.) “Wells”.
No water wells g hall be dug on any Lot or on the Properties except for purposes of irrigation, landscaping or filling of swimming pools.(y.) “Open Burning”.
Open burning on unoccupied lots of wooden material 3 or vegetation generated by land clearing operation or demolition of a structure shall be allowed only according to applicable governmental regulations. Open burning to reduce solid waste on occupied residential premises in not permitted.(z.) “Swimming Pools”.
Subject to DRB approval, swimming pools may be constructed on any Lot, provided that, access to them from outside the Lot is controlled from all directions by fencing and residential structure. If pools are protected by screens, such screens and their structures shall be approved by the DRB.Section 2. “Minimum Square Footage of Living Units”.
No Living Unit shall be constructed on the Properties unless it has the following minimum amount of living area:(a.) In the case of single-story Living Units on single family lots: 1800 square feet, exclusive of garages, carports, porches, and patios.
(b.) In the case of two-story Living Units on single family lots: 2000 square feet with 1200 square feet minimum on first floor, exclusive of garages, carports, porches, and patios.
Section 3. “Building Restrictions”.
No Living Unit shall be constructed on the properties unless it complies with the following:(a.) Between the property line of any lot and the adjoining roadway, concrete drives only may be constructed with eighteen (18′) foot maximum width at the roadway, tapered to a maximum twelve (12) foot width at the property line. Beyond the property line and internal to the lot, driveways may be constructed at a maximum width of twelve (12′) feet of a material pre—approved by the DRB .
(b.) Two (2) car garage minimum with side entry if feasible.
(c.) Concrete Block shall be prohibited on the exterior of any House or Structure. The DRB shall also discourage the use of imitation brick or stone.
(d.) Minimum 6/12 roof pitch with tile, cedar shake, slate, standing seam metal or 300-pound weight Architectural Grade shingles when approved by the DRB.
(e.) Any sodding of cleared areas must be approved by the DRB, which will consider the environmental impacts of such sodding and determine the type of sod to be used.
(f.) Complete subsurface irrigation in cleared areas where other than natural vegetation exists.
(g.) Construction setbacks* generally as follows:
| Lot Depth* | |||
| Less than 175’ | 175-249’ | 250’ Up | |
| Front | 25’ | 25’** | 75’ |
| Rear | 25’ | 50’** | 50’ |
| Lot Width | |||
| 150’-199’ | 200’-274’ | 275’ Up | |
| Each Side | 20’ | 25’ | 50’ |
| Corner Side | 35’ | 40’ | 50’ |
(h.) “Stemwall” Construction. All building structures shall be constructed on “stemwalls“. Generally, stemwall construction requires all fill material to be confined to the area directly below the building or structure for which the fill is needed. This is accomplished by confining fill materials with vertical walls (“stemwalls”). This requirement will be enforced by the DRB in their review process and the DRB may pass rules and regulations to more particularly describe the method and type of stemwall construction which will permitted.
(i.) Building / Clearing Areas. All construction and clearing, except that required for construction of driveways permitted in this section, shall be restricted to 15,000 square foot areas. On lots which contain property designated as jurisdictional wetlands by the United States Army Corp of Engineers (the “Corp”), the Florida Department of Environmental Regulation (“FDER”), Volusia County or the St. Johns River Water Management District (“SJRWMD”), building and clearing, except for driveway construction, shall be limited to 10,000 square feet. The actual location of these building / clearing areas shall be approved by the DRB. Septic tanks and drain fields may be located outside the building / clearing areas where required by the Department of Health and Rehabilitative Services (“HRS”) or any other permitting agency.
Section 4. “Environmental Easement”.
An Environmental Easement is hereby created for all property contained in the above construction setback areas, the lake littoral zone and associated upland buffer, and other areas as depicted on recorded final plats. The property subject to the Environmental Easement shall remain completely undisturbed with the exception of the twelve foot (12′) wide driveways permitted under Section 3 above, clearing of nuisance pioneer plant species by property owners clearing pursuant to Section 5 below, and clearing associated with the construction of waterside recreational facilities on the lakeside common area as allowed by the permits for wetland construction activities issued by the St. John River water Management District and the County of Volusia. The Environmental Easement Areas shall and are hereby declared to be subject to an Environmental Deed Restriction in favor of the Developer, its successors and assigns, and Volusia County for the purpose of retaining and maintaining the Environmental Easement Areas in their predominantly natural condition as a wooded water recharge, detention and percolation and environmental conservation area. In furtherance of this Environmental Easement, each of the following uses of the Environmental Easement Areas are hereby prohibited and restricted without the prior written consent of the St. Johns River Water Management District, to wit:(a.) “Construction”
The construction, installation of placement of signs, buildings, fences walls, roads or any other structures and improvements on or above the ground of the Environmental Easement Areas; and(b.) “Dumping”
The dumping or placing of soil or other substances or materials as landfill or the dumping or placing of trash, waste or other unsightly or offensive materials; and(c.) “Removal”
The removal or destruction of trees, shrubs or other vegetation from the Environmental Easement Areas except that which is specifically provided for herein; and(d.) :Excavation”
The excavation, dredging or removal of loam, peat, gravel, rock, soil, or other material substance in such a manner as to affect the surface of the Environmental Easement Areas; and(e.) “Detrimental”
Use Any use which would be detrimental to the retention of the Environmental Easement Areas in their natural condition.(f.) “Acts or uses detrimental to such retention of land or water areas”.
The Environment Easement Areas hereby Created and declared shall be perpetual.
Developer, its successors and assigns and the St. Johns River Water Management District and Volusia County shall have the right to enter upon the Environmental Easement Areas at all reasonable times and in a reasonable manner, with reasonable notice to the property owners, to assure compliance with the aforesaid prohibition and restrictions.The Developer, and all subsequent owners of any land upon which there is located any Environmental Easement shall be responsible for the periodic removal of trash and other debris which may accumulate on such Easement Parcel.
The prohibitions and restrictions upon the Environmental Easement Areas as set forth in this paragraph may be enforced by the St. Johns River Water Management District and Volusia County by proceedings at law in equity including, without limitation, actions for injunctive relief. The provisions in this Environmental Easement Area restriction may not be amended without prior approval from the St. Johns River Water Management District and Volusia County.
All rights and obligations arising hereunder are appurtenances and covenants running with the land of the Environmental Easement Areas, and shall be binding upon, and shall inure to the benefit of the Developers, and its successors and assigns. Upon conveyance by the Developer to third parties of any land affected hereby, the Developer shall have no further liability or responsibility hereunder, provide this Declaration of Covenants, Easements and Restrictions is properly recorded.
Section 5. “Special Restriction*”
for Lake Front Lots(a.) “Lake Maintenance Easement”
There is reserved a Lake Maintenance Easement Area on each lot fronting the Lake. This reserved easement shall permit Declarant, its agents, successor and assigns at its election to go onto any Lake Front lot at any reasonable hour and maintain or landscape such easement area. Such maintenance shall be limited to periodic trimming or removal of species which adversely affect the establishment of the planted mitigation area, removal of trash or debris and planting of wetland vegetation provided these maintenance activities do not violate the requirements for mitigation area establishment and monitoring. Any other activity, particularly vegetation removal, may require a wetlands alteration permit determination from the Volusia County Environmental Management Department. The beach area as defined by subsection c. herein that is allowed to be cleared shall not require a wetlands alteration permit determination for maintenance activities. This Lake Maintenance Easement shall be limited to the portion of such within twenty—five feet of the average highwater edge.(b.) “Prohibited Actions.”
Owners or residents of Lake Front Lots shall be obligated to abstain from any actions which would detract from or affect the water quality of the Lake or the development of attractive overall landscape treatment. Such prohibitive action shall include, but are not limited to such activities as the dumping of lawn cuttings, oils, fuels, trash, garbage, her substances into the water or elsewhere that could cause such materials to be washed into the water.(c.) “Design and construction”
The design and construction of Docks, Boathouses and Decks will be allowed within the Lake maintenance Easement Area as long as said construction has been approved by the DRB and comply with all permitting requirements of Volusia County. Only one Dock or Boathouse shall be permitted per lot. Removal of lakeshore trees and littoral vegetation for the creation of beach areas shall be permitted on no more than twenty-five feet (25) of lake frontage per lot and shall be approved by the DRB. Any clearing in excess of twenty-five feet (25′) will require a Volusia County Environmental Management permit, and approval by the DRB. Clearing for lake access shall be permitted but shall be limited to an area twelve (12′) feet in width and shall be approved by the DRB and Volusia County, if required.(d.) “Special Restrictions for use of Boats”,
Canoes, Rafts, or other Vehicles or Craft on the Lake. All Lot Owners or Unit Owners must first obtain a permit from the Homeowners Association before placing or using a boat, canoe, raft, or other vehicle oz craft on the Lake. One motorized boat will be permitted on the Lake per lot. The horsepower and type of vessel permitted on Lake Waterford, as well as any other use and time restrictions for the lake shall be contained in the Rules and Regulations promulgated by the Lake Waterford Estates Homeowners Association.Section 6. Common Area Use Restrictions
(a.) “Environmental Areas”
Those portions of the common Area designated as “Environmental Areas” on the Preliminary Plan for Lake Waterford Estates dated November 1989, prepared by Marshall, McCully and Associates shall be limited to Conservation oriented uses and passive recreational uses such as nature trails and picnic areas. These uses shall be accomplished with minimal clearing and construction in the affected areas. No such clearing or construction shall in any way degrade the existing environment in those areas.(b.) “Prohibited Actions”.
NO motorized vehicles shall be permitted on any Common Area except automobile access to the lakefront park. Other use restrictions for the Common Areas may be imposed by the Rules and Regulations of the Lake Waterford Estates Homeowners Association.ARTICLE IX
General Provisions
Section 1. “Enforcement”
The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.The St. Johns River Water Management District shall have the right to enforce, by a proceeding at law or in equity, the provisions contained in this Declaration which relate to the maintenance, operation and repair of the surface water or stormwater management system.
Section 2. “Severability”
Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.Section 3. “Amendment”
The covenants and restrictions of this Declaration shall run with and bind the land, for a term of 20 years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten years. This Declaration may be amended during the first 20-year period by an instrument signed by not less than 90% of the Owners, and thereafter by an instrument signed by not less than 75% of the Owners. However, all Environmental Easements are perpetual and cannot be amended. Any amendment must be recorded in the Public Records of Volusia County, Florida.Any amendment to the Covenants and Restrictions which alter the surface water or stormwater management system, beyond maintenance in its original condition, including the water management portions of the common areas, must have the prior approval of the St. Johns River Water Management District and Volusia County.
Section 4. “Annexation”
Additional land may be annexed by the Declarant without the consent of members within ten years of the date of this instrument in the following manner:(a.) “Additions in Accordance with General Plan of Development”.
The Declarant, its successors and assigns, shall have the right to bring within the scheme of this Declaration additional properties in future stages of the development, provided that such additions are in accord with the general plan of development found in the Planned Unit Development Order and Resolution for Lake Waterford Estates, recorded in Official Records Book 3506 Page 1749, Volusia County, Florida.Any Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify, or add to the covenants established by this Declaration within the Properties.
(b.) “Other Additions”
Additional residential property and Common Area may be annexed to the Properties with the consent of 2/3 of each class of members, and by filing of record a Supplementary declaration as provided in subsection a, above.(c.) “Lake Waterford”
Lake Waterford, which forms an integral part of the drainage and surface water management system, shall become part of the common area upon annexation of the last unit of Lake Waterford Estates Prior to that annexation, the lots within Lake Waterford Estates shall enjoy an easement for drainage and surface water management over and in Lake Waterford.(t.) “Mergers”
Upon merger or consolidation of the Association with another Association upon vote of 2/3 of each class of members and as provided in its Articles of Incorporation, the Association’s properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Properties together with the covenants and restrictions established upon any other properties as one scheme. NO such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Properties except as herein provided.| In The Presence of: | RONDACK INC., a Florida corporation |
| Sheryl Robertson R. Alan Weaver | Richard A Weaver, President. |
| STATE OF FLORIDA COUNTY OF FLORIDA | |
| WITNESS my hand and official seal this 26th day of December 1991 Sheryl S. Robertson Notary Public – State of Florida My Commission Expires Nov. 28, 1992 | |
EXHIBIT “A”
TO LAKE WATERFORD ESTATES DECLORATION OF COVENANTS, EASEMENTS, CONDITIONS AND RESTRICTIONSLEGAL DESCRIPTION
A portion Of Section 25. and Section 36. Township 17 South. Range 33 East and being more particularly described as follows: Beginning at a 4” x 4” concrete monument marking the Southwest corner of Section 25, Township 17 South, Range 33 East, also marking the Northwest-corner of Section 36, Township 17 South, Range 33 East, said concrete monument being Certified Corner thence N 00° 51’ 07” W, along the westerly line of said Section 25 distance of 266.84 feet; thence N 70° 42’ 25” E, a distance of 949.12 feet; thence S 05° 10′ 04” E, a distance of 176.39 feet: thence S 02° 35’ O5” E, distance of 50.07 feet; thence S 02° 07′ 03” W, a distance of 127.97 feet; thence S 19° 23’ 05” E, a distance of 69.08 feet; thence S 04° 41’ 42” W, a distance of 112.89 feet; thence S 19° 09’ 41” E, a distance of 79.30 feet; thence S 14° 43’ 43” W, a distance of 41.35 feet; thence S 02° 50’ 39” W, a distance of 51.11 feet; thence S 07° 07’ 08” E, a distance of 83.03 feet; thence S 12° 25’ 02” E, a distance of 68.15 feet; thence S 13° 54’ 20” E, a distance of 53.06 feet; thence S O2° 11’ 52” E, a distance of 129:43 feet: thence S 07° 40” 07” E, a distance of 132.88 feet; thence S 19° 46’ 15” E, a distance of 49.24 feet; thence S 36° 30’ 58” E, a distance of 53.75 feet; thence S 67° 39’ 57” E, a distance of 54.08 feet; thence S 78° 59’ 12” E, a distance of 97.33 feet; thence N 89° 58’ 17” E, a distance of 96.92 feet; thence S 04° 10’ 44” E, a distance of 455.39 feet; thence N 69° 01’ 42” E, a distance of 90.22 feet; thence S 06° 05’ 18” E, a distance of 23.19 feet; thence S 31° 16’ 22” W, a distance of 39.67 feet; thence S 29° 42’ 15” E, a distance of 125.36 feet to the south line of U.S. Lot 1, Section 36, Township 17 South, Range 33 East: thence S 88° 50’ 33” W alone the south line of said U.S. Lot 1, a distance of 229.53 feet; thence S 00° 45’ 09” E, a distance of 176.92 feet; thence S 74° 15’ 36” W, a distance of 41.69 feet; thence S 88° 15’ 32” W, a distance of 123.95 feet; thence N 69° 07’ 15” W, a distance of 60.24 feet: thence S 85° 45’ 59” W, a distance of 25.00 feet; thence S 63° 02’ 57” W, a distance of 53.39 feet thence N 86° 04’ 50” W, a distance of 84. 19 feet; thence N 56° 36’ 53” W, a distance of 94.35 feet; thence S 34° 17’ 08” W, a distance of 61.66 feet; thence S 25° 43” 39” W, a distance of 93.42 feet; thence S 09° 18’ 23” E, a distance of 90.19 feet; thence S 55° 36’ 10” W, a distance of 277.15 feet; thence N 17° 21’ 07” W, a distance of 64.53 feet; thence N 21° 34’ 12” W, a distance of 135.13 feet; thence N 26° 23’ 54” W, a distance of 76.32 feet; thence S 66° 50’ 05” W, a distance of 35.15 feet; thence S 26° 23’ 54” E, a distance of 78.05 feet; thence S 21° 34’ 12” E, a distance of 132.36 feet; thence 5 14° 21’ 07” E, a distance of 82.46 feet; thence S 36° 29’ 00” W, a distance of 28.00 feet; thence S 81° 01’ 30” W, a distance of 58.00 feet; thence S 89° 27’ 29” W, a distance of 64.69 feet; thence N 67° 57’ 53” W, a distance of 75.34 feet: thence S 69° 15’ 31” W, a distance of 37.94 feet; thence W 21° 09’ 55” W, a distance of 491.96 feet to the westerly line of said Section 36: thence N 01° 02’ 19” W along said westerly lines a distance of 1423.44 feet to the Point of Beginning. Containing 52.50 acres more or less.EXHIBIT “B”
TO LAKE WATERFORD ESTATES DECLORATION OF COVENANTS, EASEMENTS, CONDITIONS AND RESTRICTIONS
EXHIBIT “C”
TO LAKE WATERFORD ESTATES DECLORATION OF COVENANTS, EASEMENTS, CONDITIONS AND RESTRICTIONSIN THE COUNTY COUNCIL OF THE
COUNTY OF VOLUSIA, FLORIDA
IN RE: Application of
RONDACK, INC.
RESOLUTION # 90-39
ORDER AND RESOLUTION
GRANTING A REQUEST FOR CHANGE OF ZONING
PLANNED UNIT DEVELOPMENT
The application of Rondack, Inc., for rezoning was heard by and before the Volusia County Council, Volusia County, Florida, on February 8, 1990. Based upon the verified Application and other supporting documents, map, charts, overlays, and other instruments; the advice, report and recommendations of the Planning Department, Legal Department, and other departments and agencies of Volusia County; the testimony adduced, and evidence received at the public hearing on this Application by the Planning and Land Development Regulation Commission on January 9, 1990, and otherwise being fully advised, the Volusia County Council does hereby find and determine as follows:
GENERAL FINDINGS
(a.) That the Application of Rondack, Inc. was duly and properly filed herein on November 21, 1989, as required by law.
(b.) That all fees and costs which are by law or regulation, or ordinance required to be borne and paid by the Applicant have been paid.
(c.) That the Applicant is the owner of a 252± acre parcel of land which is situated in Volusia County. This parcel of land is more particularly described in the survey and legal description, a true copy of which is attached hereto as Exhibit “A.”
(d.) That the Applicant has held a pre—application meeting as required by Ordinance 80-8, as amended, Section 813.05.
(e.) That the Applicant has complied with the “Public Notice” requirements of the Volusia County Zoning Ordinance 80-8, as amended.
FINDINGS REGARDING REZONING
(a.) That the Applicant has applied for a change of zoning from the present zoning classification of the parcel described in Exhibit “A” from A—3 and R-4 to Planned Unit Development (PUD).
(b.) That the said rezoning as a PUD is consistent with both the Volusia County Comprehensive Plan and the intent and purpose of Ordinance 80-8, as amended and does promote the public health, safety, morals, general welfare, and orderly growth of the area affected by the rezoning request.
NOW, THEREFORE, BE IS RESOLVED AND ORDERED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, IN OPEN MEETING DULY ASSEMBLED IN THE VOLUSIA COUNTY ADMINISTRATIVE CENTER, DELAND, FLORIDA, THIS EIGHTH DAY OF FEBRUARY, A.D., 1990, AS FOLLOWS:(1.) That the Application of Rondack, Inc. for the rezoning of the subject parcel is hereby granted.
(2.) That the zoning classification of the subject parcel described in Exhibit “A” attached hereto is hereby amended from A— 3 and R—4 to PUD described in Article VI I of the Zoning Ordinance of Volusia County, Florida No. 80-8 is amended.
(3.) That the Official Zoning Map of Volusia County hereby amended to show the rezoning of said parcel to PUD.
(4.) That Ordinance 80—8, as amended is hereby amended in conformity with provisions of the ” Development Agreement as hereinafter set forth in this Order and Resolution and with respect to any conflict between Ordinance 80—8, as amended and the ” Development Agreement, “the provisions of the” Development Agreement ” shall govern. Ordinance 80—8, as amended shall govern with respect to any matter not covered by the “Development Agreement.” The Volusia County Enforcement Official will ensure overall compliance with this Order and Resolution.
(5.) The applicant will comply with the Volusia County Land Development Code, Ordinance No. 88—3, as amended, and all other applicable Volusia County land development regulations.
DEVELOPMENT AGREEMENT
(1.) “Development Concept:
The parcel shall be developed as a PUD in substantial accordance with the (a.) PUD Overall Development Plan, and (b.) Subdivision Overall Development plan and preliminary and final plats for each of the phases of the development which shall be submitted in the manner provided by Ordinance 80—8, as amended, Section 813.00, and Ordinance 88—3, as amended.(a.) “The PUD Overall Development Plan”
consists of this ” Development Agreement” and a “Preliminary Plan” dated November 1989. The Preliminary Plan is a conceptual plan which will subsequently be refined to meet the requirements of Ordinance 88—3, S204. as amended, so that it may serve as a subdivision “Overall Development Plan” (“ODP”) as defined in Ordinance 88—3, as amended. This Subdivision ODP may be submitted as to the entire property or in phases. The Preliminary Plan is hereby approved by this Council as part of the PUD Overall Development Plan, and said map is incorporated in this Order and Resolution by reference as Exhibit “B.” The PUD Overall Development Plan amendments other than those deemed by the Enforcement Official to be minor amendments as sec out by Ordinance No. 80—8, as amended, Section 813.06, shall require review and recommendation of the Planning and Land Development Regulation Commission and of the Volusia County Council in the same manner as for the original rezoning.(b.) “Preliminary and Final Plats”:
After the PUD Overall Development Plan has been recorded and the Subdivision ODP has been approved, and prior to the issuance of building permits, preliminary and final plats relating to individual phases shall be submitted for review and approval under the Volusia County Land Development code ordinance 88—3, as amended.(c.) “The Applicant”
or his successors shall maintain unified ownership of each phase of the subject parcel until after the approval of the Final Plats.(2.) “Phases of Development”:
The project shall be developed in six phases. Subsequent to the filing of the PUD application, the Applicant shall submit a subdivision ODP for each phase or for the entire parcel. After approval of the PUD and the Subdivision ODP, the Applicant shall submit preliminary and final plats for each phase of development as depicted on the preliminary plan attached hereto.(3.) “Land Use and Density”:
The development of the parcel shall be consistent with the limits as follow for land use and density, as prescribed for each land use area within the proposed PUD. The location and size of said land use areas are shown on the Preliminary Plan, Exhibit “B.”(a.) “Land Use Description”:
The property will be developed with 67 single family residential lots, varying in size from a minimum of 1.5 acres to 2.5± acres. Those areas labeled on the preliminary plan as common areas and environmental areas shall be owned in common by the lot owners. Environmental areas are common areas which will be used for environmental preservation and limited passive recreation. All other common areas will be utilized for open space and recreation. The lake shall be considered a common area, and, as such, will be owned in common by the lot owners in Lake Waterford Estates and will not be open to the general public. Maintenance, taxes, Insurance and other expenses associated with the common areas and environmental areas shall be the responsibility of the homeowner’s association which will be made up of all property owners in the PUD. Conservation easements will be created in order to preserve the natural vegetative beauty of environmentally sensitive areas which may not otherwise be protected under this development order, county, state or federal regulations. The property subject to conservation easements shall remain in private ownership and shall not be considered common area.(b.) Density.
| Land Use | Approximate Acreage | Total Max. Units/ Acre | Units Not ToBe Exceeded | Use |
| Single Family Residential | 135 acres | .5 | 75 | Single Family Residential |
| Common Area | 80 acres | N/A | N/A | Open space/ Recreation |
| Rights of Way | 29 acres | N/A | N/A | Roads and Storm Water Management |
| Environmental Common Areas | 8 acres | N/A | N/A | Conservation/ Ltd. recreation |
| Total | 252 acres |
(4.) “Special Regulations”:
(a.) “Minimum lot size”:
1.5 acres(b.) “Minimum building setbacks”:
| Lot depth | |||
| Less than 175′ | 175-249′ | 250’ Up | |
| Front | 25’ | 25’ | 75’ |
| Rear | 25’ | 50’ | 50’ |
| Lot Width | |||
| 150 ‘ -199 | 200’- 274’ | 275’ Up | |
| Side (each side) | 20’ | 25’ | 50’ |
| Corner Side | 35’ | 40’ | 50’ |
(c.) “Minimum floor area;
Single Story: 1, 800 square feet of conditioned living area.
Two Story: 2,000 square feet of conditioned living area. (with a maximum of 1,200 square feet on the first floor)
(d.) “Maximum building height:
35 feet.(a.) “Perimeter buffer”
of those lots which abut the perimeter of the PUD, a 20-foot natural vegetative buffer will be provided to visually screen the development from surrounding properties.(5.) “Environmental Considerations”:
Both during and after construction, the Applicant will endeavor to retain and preserve as much of the site’s natural resources as possible. Conservation easements will be granted in favor of Volusia County and will be recorded in final form in the Official Public Records of Volusia County. The purpose of such conservation easements will be to facilitate wildlife movement and preserve the most environmentally sensitive areas. Minimal disturbance will be permitted in the building setback areas as provided in Section 4 above. Impact on environmentally sensitive areas will be limited by requiring the use of “stemwall” construction on all Lots. This method of construction requires fill for building pads to be restricted to that area directly below the structure. This is accomplished by confining the fill materials with vertical walls which extend downward from the outer walls of the structure. Clearing for houses, lawns, pools, decks, drain fields, accessory structures and any other improvements to the lots (except driveways) will be limited to areas of 15,000 square feet. On those lots which contain wetlands considered jurisdictional by the Army Corp of Engineers or the Florida Department of Environmental Regulation, these clearing/building areas shall be limited to 10,000 square feet unless additional area is needed to obtain a septic system permit from the Department of Health and Rehabilitative Services. Environmentally protected common areas will be provided in addition to conservation easements, as depicted on the preliminary plan. These “environmental areas” will be limited use common areas designed primarily for preservation and passive recreation.(a.) “Sewage”:
Effluent disposal and treatment shall be accomplished through onsite septic tank systems. Sewer service is not currently located within 1/4 mile from the parcel.(7.) “Water”:
Water service shall be provided by the Utilities Commission of the City of New Smyrna Beach. A looped distribution main for potable water and fire service will be provided by the developer.(8.) “Stormwater Drainage”:
(9.) “Roadways:
The development will be served by a private street system with primary access on Glencoe Road. Secondary access will be provided from Eslinger Road by means of a “card gate” entrance. A 200′ wide right of way with a security gatehouse will be provided at the entry on Glencoe Road. The remaining roadways will consist of a loop road a portion of which will not be paved and will be used only for emergencies) and four cul-de-sac roads with 70 right of way. Turn lanes and acceleration and deceleration lanes will be on Glencoe Road at the entrance to the development. A non-vehicular access easement will be provided so as to limit access on Glencoe Road to this single entrance. Street maintenance shall be the responsibility of the homeowners association as required by the Declaration of Covenants and Restrictions for Lake Waterford Estates.(10.) “Homeowners Association:
The Applicant shall create a homeowners association for the purpose of maintenance of the roadways and common areas in Lake Waterford Estates. The charter and bylaws of said homeowners association and the final Declaration of Covenants and Restrictions shall be furnished to the County of Volusia, and the Applicant shall file said documents in the Official Records of Volusia County, Florida. The Applicant shall bear and pay all costs for recording all of the aforesaid documents. The County of Volusia shall only enforce the provisions of the “Development Agreement” or Ordinance 80-8, as amended, whichever is applicable and shall not be responsible for enforcement of the private agreements entered into between the aforementioned parties but shall have the right to do so.(11.) “Utilities”.
The utility distribution system for electricity, telephone, cable television and related services shall be constructed underground; provided that feeder lines for electrical service, and any lines on the same poles or adjacent to existing overhead utility lines, need not be underground.(12.) Recreational Use and Maintenance of Lake:
A 25′ maintenance easement will be provided around the perimeter of the existing lake as generally depicted on the preliminary plan. The homeowners association will have the obligation to maintain the lake. Lakefront lot owners will be permitted to construct docks which will be subject to review by the development review board of the homeowners association in addition to any other permitting required by Volusia County.(13.) “Recreational Facilities”:
The developer shall provide restrooms and picnicking facilities on the lakefront common area depicted on the preliminary plan. A common dock and boat launch will also be provided, along with parking for residents. Pervious surfaces will be used for parking area. In an effort to accommodate internal pedestrian and bicycle traffic, and in order to preserve the natural beauty of the site, the developer shall provide nature trails also constructed of pervious surface such as shell or mulch.(14.) “Special Exceptions:
Any and all special exceptions granted to the Applicant for excavation on the site will remain in full force and effect until they expire by their own terms or until such time as the lake restoration and littoral planting has been completed, whichsoever occurs sooner. Any and all conditions of such special exceptions shall also remain in full force and effect.(15.) “Binding Effect of Plans; Recording”:
The provisions of the foregoing “Development Agreement, including any and all supplementary orders and resolutions, and all Site Development Plans and preliminary and final plats shall bind and inure to the benefit of the Applicant or its successor in title or interest. The POD zoning, provisions of the “Development Agreement” and all approved plans shall run with the land and shall be administered in a manner consistent with Article IX of Ordinance 80-8, as amended. This order and Resolution and all subsequent orders and resolutions shall be filed for record in the Official Records of Volusia County, Florida.(16.) “Reverter Provisions”:
Within twelve (12) calendar months from the effective date of this Order and Resolution, the Applicant shall submit a preliminary plat as described in Section 1(b) of this “Development Agreement,” covering at a minimum the first phase of the PUD. In the event that the preliminary plat is not submitted on or before the date indicated, the parcel shall revert to the prior zoning classifications, unless the County Council, or its successor agency, for good cause shown, shall extend the time period indicated in this paragraph.DONE and ORDERED by the County Council of Volusia County, Florida, this 8th day of February, 1990
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this 31st day of July, 1990, by Alice Cycler and Thomas C. Kelly, as chairman, Volusia County Council, and County Manager, respectively, on behalf of the county of Volusia.
| Alice Cycler Chairman | |
| ATTEST: | |
| Thomas C. Kelly County Manager | |
| STATE OF FLORIDA VOUNTY OF VOLUSIA | |
| The foregoing instrument was acknowledged before me this 31st day of July 1990, by Alice Cycler and Thomas C. Kelly, as Chairman, Volusia County Council, and County Manager, respectively, on behalf of the County of Volusia. | |
| Dorothy (unreadable) Notary Public, State of Florida at Large | |
| Witnesses: Alan Weaver | RONDACK, INC, Richard A Weaver |
| STATE OF FLORIDA COUNTY OF VOLUSIA | |
| The foregoing instrument was acknowledged before me this 19th day of July 1990, by Richard A Weaver, on behalf Rondack, Inc. | |
| Sheryl S Robertson Notary Public, State of Florida at Large | |