ITEM DESCRIPTION:
Title
RV-2601: Request to consider the Revocation of the Oakwood Cove Development Agreement, repealing Ordinance No. 2008-O-13 and the Amended/Restated Residential Planned Unit Development (RPUD) Agreement recorded on 04-10-2017 in Official Records Book 7383, Page 3437, as well as any other PUD agreement or amendment not formally recorded, for the 110.66± acre property located at Parcel ID 7344-06-06-0010.
Body
OWNER:
Mission Oaks, LLC (Owner)
PROPOSED USE:
Revocation and repeal of existing Residential Planned Unit Development (RPUD) Agreement for failure to comply with RPUD Agreement.
PARCEL ID:
7344-06-06-0010
ACREAGE:
110.66± acres
CURRENT LAND USE:
Vacant Residential
FUTURE LAND USE DESIGNATION:
Medium Density Residential
ZONING DISTRICT:
Residential Planned Unit Development Agreement
VOTING DISTRICT:
District One- Council Person Charlotte Hope Gillis
SURROUNDING AREA:
|
|
Current Land Use |
FLU Designation |
Zoning District |
|
North |
Residential |
Volusia County Urban Low Intensity |
Volusia County Zoning R-3A Urban Single Family |
|
East |
Mobile Home Park |
Volusia County Low Impact Urban |
Volusia County MH-7(1)A Mobile Home Park |
|
South |
Oak Leaf Preserve |
Low Density Residential |
Residential Planned Unit Development Agreement |
|
West |
Residential |
Volusia County Urban Medium Density |
Volusia County R-4A Urban Single Family |
Staff Review
Ordinance No. 2008-O-13 established a Residential Planned Unit Development (RPUD) Agreement between the City of Edgewater, Florida, and Mission Oaks, LLC, for approximately 110.66± acres located at Parcel ID 7344-06-06-0010. An Amended and Restated PUD Agreement was subsequently recorded on April 10, 2017, in Official Records Book 7383, Page 3437 of the Public Records of Volusia County, Florida. The Oakwood Cove Amended and Restated Agreement within Section 3, denoted as “Duration of Agreement” states: “Developer’s failure to initiate construction by July 5th, 2018 may result in the City’s termination of the agreement….The City, at its sole option, may extend the duration of this agreement”. City staff first received a preliminary plat and construction plan submittal on April 27th, 2023. The applicant last submitted on November 26th, 2024. The applicant failed to submit an updated Transportation Impact Analysis and a Proportionate Fair Share Agreement between the Developer, Volusia County, and the City of Edgewater. City staff have reached out to the applicant who informed the City that they are no longer pursuing the application and no longer have a contract on the property. City staff sent a certified letter to the Property owner of the City’s intent to revoke the PUD and gave 30 days to respond with a course of action to comply with the terms of the Development Agreement on June 22nd, 2026 by certified mail. City staff sent a corresponding letter by certified mail on August 24th, 2026. No response has been received by City staff at the time of publication.
City Staff believe the City Council for the City of Edgewater should determine if it is in the best interest of the public health, safety, and general welfare of the community to repeal Ordinance No. 2008-O-13, the Amended/Restated PUD Agreement, and any unrecorded amendments related, thereby revoking the existing RPUD framework.
Public Notice:
Public Notices were mailed to all addresses within 500’ of the proposed project.
Staff Recommendation:
Motion to approve the Revocation of the Oakwood Cove Development Agreement repealing Ordinance No. 2008-O-13 and the Amended/Restated Residential Planned Unit Development (RPUD) Agreement recorded on 04-10-2017 in Official Records Book 7383, Page 3437.