2023-O-27 - RZ Grand Reserve Columbus12/6/2023 10:47:56 AM Instrument #2023247155 #1 Book:8492 Page:728
ORDINANCE NO. 2023-0-27
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM VOLUSIA COUNTY B-6
(HIGHWAY INTERCHANGE COMMERCIAL), A-2
(RURAL AGRICULTURE), AND A-3 (TRANSITIONAL
AGRICULTURE) TO MIXED USE PLANNED UNIT
DEVELOPMENT (MUPUD) FOR 96.2± ACRES OF
CERTAIN REAL PROPERTY LOCATED AT 3338 WEST
INDIAN RIVER BOULEVARD, EDGEWATER,
FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF EDGEWATER; 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
findings of fact and determinations:
1. Michael J. Woods, applicant on behalf of The Grand Reserve Columbus, LLC,
owner of property located at 3338 West Indian River Boulevard. Subject property contains
approximately 96.2± acres.
2. The applicant has submitted an application for a change in zoning classification
from Volusia County B-6 (Highway Interchange Commercial), A-2 (Rural Agriculture), and
A-3 (Transitional Agriculture) to Mixed Use Planned Unit Development (MUPUD) for the
property described herein.
3. On September 13, 2023, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. The proposed change in zoning classification is consistent with all relevant goals,
objectives and policies of the Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established land
use pattern and is compatible with existing and proposed uses in the adjacent area.
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6. The proposed change in zoning classification will not adversely impact public
facilities and meets the Concurrency Management System requirements in Article XI of the
Land Development Code.
7. The proposed change in zoning classification 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 B-6 (Highway Interchange Commercial), A-2 (Rural Agriculture), and A-3 (Transitional
Agriculture) to Mixed Use Planned Unit Development (MUPUD) (attached and hereto incorporated as
Exhibit `B").
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER, FLORIDA.
The GIS Technician 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.
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If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
1J1 t Al i IZI [11�
PASSED AND DULY ADOPTED this � ` • -day of (� Q � A A, , 2023.
I
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Vr'r; ice,,
Bonnie Zlotnik, C, City Clerk
Passed on first reading on the LQtday of kLLM1g0A,2023
Diezel DePew, Mayor
(� 1. A /&
REVIEWED AND APPROVED:
Aaron R. WolfeCQ17 Attorney
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EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF THE WEST, '/i OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST,
VOLUSIA COUNTY, FLORIDA, LYING EASTERLY OF INTERSTATE 95, LYING SOUTH
OF STATE ROAD 442, LYING WESTERLY OF FLORIDA EAST COAST RAILWAY -
EDGEWATER BRANCH, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTH 1/4 CORNER OF SAID SECTION 8, THENCE SOUTH
01 003'17" EAST ALONG THE EAST LINE OF SAID WEST '/z OF SECTION 8, A DISTANCE
OF 1784.40 FEET TO THE WESTERLY RIGHT OF WAY OF SAID FLORIDA EAST COAST
RAILWAY- EDGEWATER BRANCH AND FOR THE POINT OF BEGINNING: THENCE
CONTINUE SOUTH 01003'17" EAST ALONG SAID EAST LINE OF THE WEST '/2 OF
SECTION 8, A DISTANCE OF 856.33 FEET TO THE SOUTHEAST CORNER OF THE
NORTHWEST 1/40F SAID SECTION 8, SAID POINT BEING MARKED BY A 4" X 4"
CONCRETE MONUMENT WITH A DISK STAMPED "RLS 2027"; THENCE SOUTH
01 005'49" EAST, CONTINUING ALONG SAID EAST LINE OF THE WEST %2 OF SECTION
8, A DISTANCE OF 2419.29 FEET TO THE EASTERLY RIGHT OF WAY OF INTERSTATE
95; THENCE NORTH 22011'50" WEST, ALONG SAID EASTERLY RIGHT OF WAY OF
INTERSTATE 95, A DISTANCE OF 3952.89 FEET THENCE NORTH 14056'44" WEST,
ALONG SAID EASTERLY RIGHT OF WAY OF INTERSTATE 95, A DISTANCE OF 922.90
FEET; THENCE NORTH 05054'38" WEST, ALONG SAID EASTERLY RIGHT OF WAY OF
INTERSTATE 95, A DISTANCE OF 364.77 FEET; THENCE NORTH 78016'48" EAST,
ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 95, A DISTANCE OF 267.00
FEET TO THE SOUTHERLY RIGHT OF WAY OF STATE ROAD 442; THENCE NORTH
89041'55" EAST, ALONG SAID SOUTHERLY RIGHT OF WAY OF STATE ROAD 442, A
DISTANCE OF 377.44 FEET; THENCE SOUTH 00°18'05" EAST, A DISTANCE OF 175.00
FEET; THENCE NORTH 89041'55" EAST, A DISTANCE OF 175.00 FEET; -THENCE NORTH
00°18'05" WEST, A DISTANCE OF 175.00 FEET TO SAID SOUTHERLY RIGHT -OF. WAY -
OF STATE ROAD 442; THENCE NOROTH 89041'55" EAST, ALONG SAID 80UTHERL)E
RIGHT OF WAY OF STATE ROAD 442, A DISTANCE OF 341.1!i--FEET-TO SAID
WESTERLY RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY = EDGEWATER
BRANCH; THENCE SOUTH 18000'01" EAST, ALONG SAID WESTERLY RIGJIT-OF-WAY
OF THE FLORIDA EAST COAST RAILWAY - EDGEWATER BRANCH, A DISTANCE OF
1785.75 FEET TO THE POINT OF BEGINNING.
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EXHIBIT "B"
MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD)
AGREEMENT
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MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) AGREEMENT
GRAND RESERVE COLUMBUS
THIS AGREEMENT ("Agreement") is made and entered into this day of
2023 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 THE GRAND RESERVE COLUMBUS, LLC, a
Florida limited liability company, whose mailing address is PO BOX 518, PHENIX CITY, AL
36868, (referred to below as "Owner"). 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 96.20 +/- acres located on Indian River
Boulevard and Interstate -95, in Edgewater, Volusia County, Florida (the "Property"). The legal
description of the Property is attached hereto as Exhibit "A" - Legal Description. The record
owner of the subject Property is The Grand Reserve Columbus, LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty (30) years. The Owner or any future
developer of the Property ("Developer") shall commence construction as defined by the Overall
Development Plan last updated March 15, 2023 (Exhibit "B") within three (3) years following
the effective date of this Agreement. Developer's failure to initiate construction within the
timeframe identified herein shall result in the City's termination of the 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,
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fabrication, erection or installation of a treatment facility or a conveyance system for the discharge
of wastes and on-site modification, fabrication, erection or installation of a treatment facility or a
transmission system for the conveyance of potable water. Land clearing and site preparation
activities related to this construction are not included herein; however, before undertaking land
clearing activities, other permits for 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. Development of this Property
may be phased into multiple phases, including but not limited to a residential area and a
commercial area.
1. Residential Area
a. Permitted Uses:
i. Multifamily Residential.
ii. Accessory uses associated with multifamily developments which may include, but
are not limited to, clubhouses, neighborhood pools, recreational
amenities/facilities, and permanent offices for leasing and building management
operations.
b. Unit Count
The maximum residential units permitted shall not exceed 8 dwelling units per net acre as
calculated by the LDC. The project shall not exceed 468 units. The individual buildings
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may be individually adjusted for more or less units per building, without amendment to
this Agreement.
c. Minimum Lot Size — will be maintained as one parcel.
d. Minimum Yard Size and Setbacks
Front Setback: 20 feet Adjacent to Commercial Lots
Rear Setback: 20 feet
I-95 25 feet
Side Setback: 20 feet; applies to end units only
Cow Creek Road 25 feet
Building Separation: 20 feet
Maximum Height: 40 feet, the bottom of the Yd story window shall not be greater than
35 feet.
Maximum Building Coverage: 25%
Maximum Impervious Coverage: 65%
Parking: Per LDC — 1.5 spaces per unit plus 5% for visitors according to
Table V-8
Parking Stalls: 10 feet by 18 feet
e. Trees
Minimum Tree Protection Requirements within the current LDC shall be met. Tree
Preservation Areas depicted on the Overall Development 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.
f. Landscaping and Irrigation
Landscaping and irrigation plans for common areas must be submitted with final
construction plans. Six foot fences shall be required along the length of the residential area
along Cow Creek Road, the commercial parcels, and Interstate 95. At a minimum, fence
materials shall be comprised of PVC/vinyl materials, although the City may authorize
another material that meets the intent and design character of the project.
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Landscape Buffers
Adjacent to Commercial Lots: 20 feet Type "A"
I-95: 25 feet
Cow Creek Road: 20 feet
Common areas and the entrance area shall be irrigated. All irrigation must comply with
all Volusia County Water Wise Landscape Irrigation Standards.
g. Roads/Driveway
Private roads or drives within the project will have a minimum width of twenty feet (20')
of pavement with a two (2) foot curb and gutter per side and constructed pursuant to the
City's Standard Details.
h. Sbanaize
Signage will be located along the main entrance road, not within the right-of-way, and shall
meet the current City LDC standards.
i. Mailboxes
Developer shall request approval from the Unites States Postal Service for the use of at
least one (1) Centralized Mail Delivery System and shall provide a lighted pull -off access
area for each.
2. Commercial Area
a. Permitted Uses:
a. Hotel.
b. Restaurant.
c. Retail.
d. Quick Serve restaurant with Drive-Thru
b. Minimum Lot Size
Area: 15,000 square feet
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Width: 150 feet
Depth: 100 feet
c. Minimum Yard Size and Setbacks
Front Setback: 40 feet along Indian River Boulevard
Rear Setback: Adjacent to Residential 30 feet Type "C"
Side Setback: 20 feet; applies to end units only
Building Separation: 20 feet
Maximum Height: 40 feet, the bottom of the Yd story window shall not be greater than
35 feet.
Maximum Building Coverage: 35 %
Maximum Impervious Coverage: 80 %
Parking: Per LDC Table V-8
Design Standards: Development will adhere to Article XVIII, Indian River Boulevard
— S.R. 442 Corridor Design Regulations.
d. Trees
Minimum Tree Protection Requirements within the current LDC shall be met. Tree
Preservation Areas depicted on the Overall Development Plan may be utilized to meet said
requirements.
e. Landscaping and Irrigation
Landscaping and irrigation plans for common areas must be submitted with final
construction plans. A minimum landscape perimeter buffer of 10 feet shall be provided
along I-95 and Cow Creek Road, and 20' along Indian River Boulevard. All future buffer
maintenance responsibility will be that of the Property Owners Association.
Common areas and the entrance area shall be irrigated. All irrigation must comply with
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all Volusia County Water Wise Landscape Irrigation Standards.
f. Roads/Driveway
Private roads or drive within the Project will have a minimum width of twenty feet (20')
of pavement with a two (2) foot curb and gutter per side and constructed pursuant to the
City's Standard Details.
g. Entrance to Subdivision
One (1) access entrance on Indian River Boulevard, as shown on the Overall Development
Plan, shall be required for accessing the Commercial Area of the development. At each
entrance and exit of the residential segments of the multi -family development, the
development shall accommodate an area where the City or its contractors shall install at
the cost of the developer license plate readers for public safety. In addition, the
development shall pay for the annual cost associated with the leasing of said equipment for
the duration of this agreement.
h. Signage
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
Property Owners Association.
4. PROPERTY OWNERS' ASSOCIATION
The Developer shall establish a Property Owners Association (POA) for the Residential
and Commercial Area for the purpose of maintaining the property and enforcing applicable
covenants and restrictions. The POA 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.
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The Declaration of Covenants, Conditions and Restrictions, Articles of Incorporation and
By -Laws for the POA 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 Mixed Use with a Conservation Overlay and the
zoning designation is Mixed Use Planned Unit Development as defined in the City Land
Development Code.
6. PUBLIC FACILITIES
All utility services shall be underground. 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.
All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
Provided the record Owner(s) of all affected parcels so consent or direct, City will allow
site improvements and infrastructure (including without implied limitation stormwater drainage
improvements, vehicular and pedestrian access, and utilities improvements) to be shared by
multiple phases.
A concurrency review shall be conducted to ensure that all required public facilities are
available concurrent with the impacts of the development.
Developer, at the time of site plan, shall provide all public facilities to support this project
including the following:
a. Water Distribution System including fire hydrants. Developer agrees to connect to
and utilize the City's water distribution system at nearest point of connection. All
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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. Water capacity shall be
reserved for a period not to exceed twenty-four (24) months from the date the City
signs the FDEP and/or DOH Water Application.
b. Sewage Collection and Transmission System. Developer agrees to connect to and
utilize the City's wastewater transmission and collection system at the nearest point
of connection. 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.
Sewer capacity shall be reserved for a period not to exceed twenty-four (24) months
from the date the City signs the FDEP Wastewater Application.
c. 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 and the City of Edgewater LDC. The pond(s) will be owned
and maintained by the Property Owners' Association (POA). One (1) water
retention or water detention pond shall have a six (6) foot compact surface trail with
a minimum of three (3) dog waste stations around the perimeter of said water
retention or detention pond and shall be the responsibility of the Property Owners
Association. Developer is required to provide an outfall to a publicly owned or
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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) and Article V (Site Design Criteria) of the LDC, as may be amended
from time to time. Specifically, the development shall adhere to the following
standards in addition to the aforementioned LDC requirements:
• No development activity can occur without obtaining a stormwater
permit from the City and any similar permit issued by State or
Federal regulating agencies having jurisdiction, to include but not
be limited to the following examples: St. Johns River Water
Management District (SJRWMD), Florida Department of
Environmental Protection (FDEP), United States Environmental
Protection Agency (USEPA), United States Army Corps of
Engineers (USACOE). In some cases, at the sole discretion of the
City Manager, the City may elect to accept alternative criteria as
satisfying the requirements and standards necessary to obtain a
City -issued stormwater permit. Such alternative criteria shall be at
least equal to, or more protective than City standards, and may be
equal to the standards promulgated by or recommended by
SJRWMD, FDEP, USEPA, or USACOE.
• In general, the latest revision of the U.S. Department of Agriculture,
Soil Conservation Service's Technical Release No. 55 entitled A
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Urban Hydrology for Small Watersheds shall be used in the
stormwater designs described herein. However, the City Engineer
may authorize the use of alternative methodology, such as the
Green-Ampt model or the Horton infiltration method, where
geotechnical factors are notably distinct from those used in the TR -
55 method. Examples may include large areas with an abundance
of Hydrologic Soils Group "A" soils or large areas with weighted
runoff Curve Number less than 40.
• Impervious surface shall include rooftops, pedestrian walkways, all
areas generally devoid of vegetation where vehicular traffic is
reasonably expected to occur regardless of surface material type.
• For areas of the City where the FDEP has established a Basin
Management Action Plan (BMAP), or an equivalent document, to
remedy an impairment in the receiving waterbody by imposing
reductions on the City in the form of Total Maximum Daily Loads
(TMDL) for point -source and non -point -source pollutants, the City
shall assess the proportionate share of such reductions to be borne
by any new development or redevelopment.
• In general, the design and performance standards as listed in the
latest version of the SJRWMD Permit Information Manual Volume
II (formerly the Applicant's Handbook) Part B shall be used for
stormwater management systems. Alternative and innovative
approaches to stormwater management systems may be approved
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by the City Engineer where the Applicant demonstrates such system
provides a higher degree of pollution abatement and water quantity
attenuation.
• For development activities proposed to be located in a riverine
flood hazard area for which base flood elevations are included in
the Flood Insurance Study or on the FIRM and floodways have not
been designated, hydrologic and hydraulic analyses that
demonstrate that the cumulative effect of the proposed
development, when combined with all other existing and
anticipated flood hazard area encroachments, will not increase the
base flood elevation more than four inches at any point within the
community. This requirement does not apply in isolated flood
hazard areas not connected to a riverine flood hazard area or in
flood hazard areas identified as Zone AO or Zone AH.
• All project areas greater than one quarter (1/4) acre shall calculate
the pollution abatement volume based one inch (1") multiplied by
the entirety of the parcel area landward of the riverine mean high
water line. If any undisturbed wetland or required conservation
buffers are present onsite, these may be deducted from the area
calculation for pollution abatement volume. Other surface waters
such as drainage canals or stormwater management ponds shall not
be excluded from the area calculations. If the calculated pollution
abatement volume does not exceed one half-inch multiplied by the
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entirety of the parcel area, one-half inch multiplied by the entirety
of the parcel area shall be used as the pollution abatement volume.
• The use of Low Impact Development (LID) techniques is
encouraged. Low Impact Development is an ecologically friendly
approach to site development and storm water management that
aims to mitigate development impacts to land, water and air by
emphasizing the integration of site design and planning techniques
that conserve the natural systems and hydrologic functions of a site.
All new development and redevelopment projects are encouraged
to implement permeable surfaces, bioretention areas, grassed
swales, vegetated roof tops and catchment systems for irrigation in
the development, when feasible.
• All projects that qualify for Environmental Resource Permits and/or
Surface Water Management Permits issued through SJRWMD,
FDEP, or other State or Federal agencies shall provide copies of the
permit application and calculations to the Development Services
Department as part of the site review process. Final approval of
required State and Federal permits shall be granted and copies of
the issued permits provided to the Development Services
Department prior to commencing any construction activities.
• All projects that qualify for a FDEP - NPDES Permit pursuant to
Chapter 62-621, F.A.C. Ordinance No. 2017-0-16 V-17 shall
provide copies of the Notice of Intent and all attachments to the
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Development Services Department prior to commencing any
construction activities. Two (2) copies of the Erosion & Sediment
Control Plan shall also be submitted.
• The post -development discharge peak volumetric flowrate shall not
exceed the pre -development rate for each of the following storm
events: Mean Annual/24-hour/4.7-inch, 25-year/24-hour/9.4-inch,
and 100 year/24-hour/13.1-inch for systems with positive outfall to
a public conveyance. For development within land -locked basins
lacking positive outfall to a public conveyance, fully retain onsite
the 100-year/72 hour hour/16.0-inch storm event.
• The rainfall depths of the design storm events shall be as published
by the National Weather Service using a continually updated
statistical epoch, but in no case lower than those depths stated above
which were derived from NOAA Atlas 14, Volume 9, Version 2
Point Precipitation Frequency Estimates for Edgewater, Florida.
Peak precipitation intensities shall be estimated from the greater of
the following sources: NOAA Atlas 14, SJRWMD Type II -Florida
Modified hydrograph in the latest version of the Permit Information
Manual Volume II (formerly Applicant's Handbook) used with the
NRCS TR -55 method, or Florida Department of Transportation
(FDOT) Intensity -Duration -Frequency (IDF) curves in the latest
version of the Drainage Design Manual for the particular area of the
City.
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• If the development discharges into a public conveyance which
serves areas impacted by the 100 -year floodplain (as identified by
FEMA or wide -area stormwater modeling adopted by the City), the
peak discharge rate from a developed or redeveloped site shall not
exceed 90% the peak discharge rate prior to development or
redevelopment.
• No construction shall result in the creation of disconnected or
isolated portions of a flood hazard area (Zone A, AE, and other A -
series Zones) which increases the stage at which discharge occurs
to less than one (1) foot below any existing or proposed finished -
floor elevation of a habitable structure nor of the centerline
elevation of any publicly -owned roadway that is within or adjacent
to the flood hazard area.
• In Zones AH and AO, adequate drainage paths shall be provided to
guide floodwaters around and away from proposed structures.
d. Reclaimed Water Distribution System. The City has determined that reclaimed
water is available to the site. Developer agrees to connect to and utilize the City's
reclaimed water system at the nearest point of connection for all landscape
irrigation needs within the subject property. All reclaimed system improvements
within public right-of-ways 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. All onsite irrigation system components will be owned
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and maintained by the POA with a single point of connection from the property to
the City utility.
e. Pavement Markings and Signe. Developer shall install all required pavement
markings and signage (stop signs, road signs, etc.) within the development. All
permanent markings and signage shall comply with Florida Department of
Transportation (FDOT) standards. Enhanced special signage may be used if it
meets FDOT standards and approved by the City. All signs shall be maintained by
the Property Owners' Association (POA)
f. Sidewalks. A seven -foot (7') public sidewalk to be constructed by the Developer
and approved by the City in all common areas and right of ways within the
development. Sidewalks along common areas and right of ways shall be
constructed by the Developer 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 City shall utilize the bond.
g. Recreation and Oven Space.
i. A minimum of 25% of the residential development shall be dedicated to
open space, as defined in the LDC, if the project is phased, a minimum of
25% of each residential phase shall be dedicated to open space, as defined
in the LDC.
ii. Developer shall construct an amenity center including a pool and common
accessory uses to the same, along with pockets of open space throughout
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the development. A gym/fitness room shall be provided. A playground shall
be provided. A trash can shall be provided at each amenity location. The
pool will be designed to meet the appropriate City, County and/or State
requirements.
iii. Ownership and maintenance responsibility of all recreation, open space, and
amenity areas will be that of the Property Owners Association, as
applicable.
iv. Conservation areas are conceptually shown on Exhibit B — the exact
location and quantify of conservation areas shall be determined during site
plan review.
7. IMPACT FEES
Impact fees will be paid in accordance with the following schedule:
a. City Impact Fees and Connection Fees shall be paid at Building Permit issuance for
each dwelling unit and commercial building at the prevailing rate authorized at the
time of payment.
b. Volusia County Road and School Impact fees shall be 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 public infrastructure improvements
shall be provided to the City prior to the issuance of building permits. The Maintenance Bond shall
be in effect for a two (2) year period from the date of completion of the public facilities. A
Performance Bond, or other acceptable financial instrument such as a Letter of Credit, may be
2023-0-27 21
Instrument #2023247155 #22 Book:8492 Page:749
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. PERMITS REQUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Department of Environmental Protection, St. Johns River Water Management District,
Army Corps of Engineers and Florida Fish and Wildlife Conservation Commission.
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, inspections 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, all 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
2023-0-27 22
Instrument #2023247155 #23 Book:8492 Page:750
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 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
2023-0-27 23
Instrument #2023247155 #24 Book:8492 Page:751
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,
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
2023-0-27 24
Instrument #2023247155 #25 Book:8492 Page:752
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 parry, each
shall execute and deliver to the other party such further documents and instruments; in form and-
` _--
substance reasonably necessary to confirm and/or effectuate the obligations of either, -party
hereunder.
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. 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.
25. 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.
26. SEVERABILITY
If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion hereof.
SIGNATURE BLOCKS BEGIN ON THE FOLLOWING PAGE
2023-0-27 25
Instrument #2023247155 #26 Book:8492 Page:753
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
ATTEST:
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2023-0-27 26
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
�By: /
Diezel DePew
Mayor
Witnessed by
Dan Nibblett
STATE OF
COUNTY OF
Instrument #2023247155 #27 Book:8492 Page:754
OWNER:
THE GRAND RESERVE COLUMBUS,
LLC
Steven W. Corbett
The foregoing instrument was gcknowledged before me by means of ❑ physical presense or ❑
'o da y • of 0>k�y# 202 ,' , b ��QDri
online notarization on this -- y ,
who is b10 r -CAP-
of THE GRAND RESERVE COLUMBUS, LLC, who is personally
known to me or has produced as identification and who did
{did trot) take an oath.
_• Notajfy FW1W
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2022-0-2 7 1.11
Instrument #2023247155 #28 Book:8492 Page:755
EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF THE WEST, %2 OF SECTION 8, TOWNSHIP 18 SOUTH, RANGE 34 EAST,
VOLUSIA COUNTY, FLORIDA, LYING EASTERLY OF INTERSTATE 95, LYING SOUTH
OF STATE ROAD 442, LYING WESTERLY OF FLORIDA EAST COAST RAILWAY -
EDGEWATER BRANCH, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTH '/4 CORNER OF SAID SECTION 8, THENCE SOUTH
01 003'17" EAST ALONG THE EAST LINE OF SAID WEST V2 OF SECTION 8, A DISTANCE
OF 1784.40 FEET TO THE WESTERLY RIGHT OF WAY OF SAID FLORIDA EAST COAST
RAILWAY- EDGEWATER BRANCH AND FOR THE POINT OF BEGINNING: THENCE
CONTINUE SOUTH 01003'17" EAST ALONG SAID EAST LINE OF THE WEST '/2 OF
SECTION 8, A DISTANCE OF 856.33 FEET TO THE SOUTHEAST CORNER OF THE
NORTHWEST '/40F SAID SECTION 8, SAID POINT BEING MARKED BY A 4" X 4"
CONCRETE MONUMENT WITH A DISK STAMPED "RLS 2027"; THENCE SOUTH
01 005'49" EAST, CONTINUING ALONG SAID EAST LINE OF THE WEST %2 OF SECTION
8, A DISTANCE OF 2419.29 FEET TO THE EASTERLY RIGHT OF WAY OF INTERSTATE
95; THENCE NORTH 22°11'50" WEST, ALONG SAID EASTERLY RIGHT OF WAY OF
INTERSTATE 95, A DISTANCE OF 3952.89 FEET THENCE NORTH 14°56'44" WEST,
ALONG SAID EASTERLY RIGHT OF WAY OF INTERSTATE 95, A DISTANCE OF 922.90
FEET; THENCE NORTH 05°54'38" WEST, ALONG SAID EASTERLY RIGHT OF WAY OF
INTERSTATE 95, A DISTANCE OF 364.77 FEET; THENCE NORTH 78°16'48" EAST,
ALONG THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 95, A DISTANCE OF 267.00
FEET TO THE SOUTHERLY RIGHT OF WAY OF STATE ROAD 442; THENCE NORTH
89041'55" EAST, ALONG SAID SOUTHERLY RIGHT OF WAY OF STATE ROAD 442, A
DISTANCE OF 377.44 FEET; THENCE SOUTH 00°18'05" EAST, A DISTANCE OF 175.00
FEET; THENCE NORTH 89-41'55" EAST, A DISTANCE OF 175.00 FEET; THENCE NORTH
00018'05" WEST, A DISTANCE OF 175.00 FEET TO SAID SOUTHERLY RIGHT OF WAY
OF STATE ROAD 442; THENCE NOROTH 89041'55" EAST, ALONG SAID SOUTHERLY
RIGHT OF WAY OF STATE ROAD 442, A DISTANCE OF 341.19 FEET TO SAID
WESTERLY RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY - EDGEWATER
BRANCH; THENCE SOUTH 18°00'01" EAST, ALONG SAID WESTERLY RIGHT OF WAY
OF THE FLORIDA EAST COAST RAILWAY - EDGEWATER BRANCH, A DISTANCE OF
1785.75 FEET TO THE POINT OF BEGINNING.
2023-0-27 28
Instrument #2023247155 #29 Book:8492 Page:756 Laura E. Roth, Volusia County Clerk of Court
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