2023-O-37 - RZ Edgewater River Oaks 12/12/2023 8:44:37 AM Instrument#2023251041 #1 Book:8494 Pagel 398
ORDINANCE NO.2023-0-37
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) TO MIXED USE
PLANNED UNIT DEVELOPMENT (MUPUD) FOR 37.05±
ACRES OF CERTAIN REAL PROPERTY LOCATED
EAST OF SOUTH RIDGEWOOD AVENUE, NORTH
OF JONES FISH CAMP ROAD, AND WEST OF THE
INDIAN RIVER; 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. Mark A. Watts, is the applicant on behalf of Omni Development LLC, and Indian
River Shoreline LLC, owners of property located east of South Ridgewood Avenue, north of
Jones Fish Camp Road,and west of the Indian River. Subject property contains approximately
37.05±acres.
2. The applicant has submitted an application for a change in zoning classification
from RPUD (Residential Planned Unit Development) to MUPUD (Mixed Use Planned Unit
Development)for the property described herein.
3. On October 25, 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.
6. The proposed change in zoning classification will not adversely impact public
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eo, 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
RPUD (Residential Planned Unit Development) to Mixed Use Planned Unit Development
f�
(MUPUD) pursuant to the associated MUPUD Agreement (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.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
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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.
PART G. ADOPTION.
PASSED AND DULY ADOPTED this day of DOf _LQA ,2023.
f�
(ID g Diezel DePew,Mayor
AqTES jh{ �,
Bonnie Zlotnik, 6MC, C//ity,, Clerk
Passed on first reading on thel.U�day of PLLW,2023
REVIEWED AND APPROVED:(�:l L�&
Aaron R. Wole,C' Attorney
f
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EXHIBIT "A"
LEGAL DESCRIPTION
ALL OF LOTS 13, 14, 15, 16, THE EAST 100 FEET OF LOT 25, ALL OF LOTS 26, 27, A
PORTION OF LOT 28, THE VACATED PORTION OF NELLIE STREET, PER O.R. BOOK
5840, PAGE 43, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, THE VACATED
PORTION OF ALICE STREET, PER O.R. BOOK 5840, PAGE 43, PUBLIC RECORDS OF
VOLUSIA COUNTY,FLORIDA,ALL IN THE PLAT OF RIVERFRONT ESTATES UNIT NO.
2,AS RECORDED IN MAP BOOK 19,PAGE 31, OF THE PUBLIC RECORDS OF VOLUSIA
COUNTY, FLORIDA AND A PORTION OF THE SOUTH 100 FEET OF LOT 6, THE PLAT
OF RIVERFRONT ESTATES AS RECORDED IN MAP BOOK 19,PAGE 18,OF THE PUBLIC
RECORDS OF VOLUSIA COUNTY FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 6,PLAT OF RIVERFRONT ESTATES,AS
RECORDED IN MAP BOOK 19, PAGE 18, OF THE PUBLIC RECORDS OF VOLUSIA
COUNTY, FLORIDA; THENCE RUN N23°00'28"W ALONG THE WESTERLY LINE OF
SAID LOT 6 ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF U.S.HIGHWAY NO.
1 (200'R/W), 100.21 FEET TO THE NORTHERLY LINE OF THE SOUTH 100 FEET OF SAID
LOT 6; THENCE DEPART SAID WESTERLY LINE N68°36'30"E ALONG THE
NORTHERLY LINE OF THE SOUTH 100 FEET OF SAID LOT 6,A DISTANCE OF 1550.98
FEET; THENCE DEPART SAID NORTHERLY LINE S17°5927"E, 221.51 FEET; THENCE
S18°30'32"E, 175.51 FEET; THENCE S15°36'53"E, 170.49' FEET; THENCE S17°57'04"E,
116.71 FEET;THENCE S29°04'41"E,48.78 FEET TO THE SOUTHERLY LINE OF SAID LOT
28, PLAT OF RIVERFRONT ESTATES UNIT NO. 2, AS RECORDED IN MAP BOOK 19,
PAGE 31, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA SAID LINE
ALSO BEING THE NORTH RIGHT OF WAY LINE OF JONES FISH CAMP ROAD
(PLATTED THOMAS STREET) (60' RIW); THENCE S69°37'39"W ALONG SAID
SOUTHERLY LINE OF SAID LOT 28 AND THE SOUTHERLY LINE OF SAID VACATED
PORTION OF ALICE STREET AND THE SOUTHERLY LINE OF SAID LOT 25, A
DISTANCE OF 231.45 FEET TO THE WESTERLY LINE OF THE EAST 100 FEET OF SAID
LOT 25; THENCE DEPART SAID SOUTHERLY LINE N22°56'31"W ALONG THE
WESTERLY LINE OF THE EAST 100 FEET OF SAID LOT 25,A DISTANCE OF 226.37 FEET
TO THE SOUTHERLY LINE OF SAID LOT 26; THENCE S68°36'34"W ALONG THE
SOUTHERLY LINE OF SAID LOTS 26, 16, 13 AND THE SOUTHERLY LINE OF THE SAID
VACATED PORTION OF NELLIE STREET, 959.76 FEET TO THE WESTERLY LINE OF
SAID LOT 13; THENCE N22°59'09"W ALONG WESTERLY LINE OF SAID LOTS 13 AND
14,A DISTANCE OF 400.43 FEET TO THE SOUTHERLY LINE OF SAID LOT 6, PLAT OF
RIVERFRONT ESTATES; THENCE S68°36'30"W ALONG SAID SOUTHERLY LINE OF
LOT 6,A DISTANCE OF 300.11 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH
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LOTS 1,2 AND 3,PLAT OF RIVERFRONT ESTATES UNIT NO. 2,AS RECORDED IN MAP
BOOK 19,PAGE 31,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA,LESS
AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
PARCEL 1:
LOT 3,LESS THE EASTERLY 100 FEET THEREOF, RIVERFRONT ESTATES UNIT NO. 2,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 19,
PAGE 31, PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA.
PARCEL 2:
THE EASTERLY 100 FEET OF LOT 3,RIVERFRONT ESTATES UNIT NO.2,ACCORDING
TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 19.PAGE 31,PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA.
PARCEL 3:
A PORTION OF LOT 2, RIVERFRONT ESTATES UNIT NO. 2, ACCORDING TO THE MAP
OR PLAT THEREOF AS RECORDED IN PLAT BOOK 19. PAGE 31,PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2, SAID POINT
LYING ON THE EASTERLY RIGHT OF WAY LINE OF US HIGHWAY NO. 1, ALSO
KNOWN AS SOUTH RIDGEWOOD AVENUE(HAVING A RIGHT OF WAY WIDTH OF 175
FEET AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY
MAP, SECTION 79014112) 275, WITH A LAST REVISION DATE OF JANUARY 7, 1997),
�1 THENCE NORTH 22059'10" WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A
DISTANCE OF 82.01 FEET; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY
LINE, NORTH 68002'26" EAST, A DISTANCE OF 300.28 FEET TO THE EAST LINE OF
SAID LOT 2; THENCE SOUTH 22°58'58" EAST,ALONG THE EAST LINE OF SAID LOT 2,
A DISTANCE OF 85.89 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE
SOUTH 68046'45" WEST, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF
300.37 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FLORIDA
DEPARTMENT OF TRANSPORTATION DRAINAGE EASEMENT PER CIRCUIT COURT
MINUTE BOOK 50,PAGE 238 AND CIRCUIT COURT MINUTE BOOK 74,PAGE 216.
TOGETHER WITH
A PORTION OF LOT 28,ALL OF LOTS 31,32,A PORTION OF LOTS 35 AND 36,THE PLAT
OF RIVERFRONT ESTATES UNIT NO.2,AS RECORDED IN MAP BOOK 19,PAGE 31,OF
THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND A PORTION OF THE
SOUTH 100 FEET OF LOT 6, THE PLAT OF RIVERFRONT ESTATES AS RECORDED IN
MAP BOOK 19, PAGE 18,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 6, PLAT OF RIVERFRONT
ESTATES, AS RECORDED IN MAP BOOK 19, PAGE 18, OF THE PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA; THENCE RUN N23°00'28"W ALONG THE WESTERLY
LINE OF SAID LOT 6 ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF U.S.
HIGHWAY NO. 1 (200' R/W) A DISTANCE OF 100.21 FEET; THENCE DEPART SAID
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WESTERLY LINE N68036'30"E ALONG THE NORTHERLY LINE OF THE SOUTH 100
FEET OF SAID LOT 6, A DISTANCE OF 1550.98 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE ALONG THE SAID NORTHERLY LINE N68°36'30"E, A DISTANCE
OF 950.00 FEET TO THE MEAN HIGH WATER LINE OF THE INDIAN RIVER, THENCE
ALONG THE SAID MEAN HIGH WATER LINE S2801 1'26"E, 3.24 FEET; THENCE
S40°06'51"E, 70.22 FEET; THENCE S45°37'41"E, 66.70 FEET; THENCE S48°30'34"E, 50.57
FEET; THENCE S62°36'48"E, 28.25; THENCE S46°54'54"E, 51.67 FEET; THENCE
S27°34'56"E, 47.56 FEET; THENCE S35108'42"E, 42.90 FEET; THENCE S 15°49'21"E, 15.38
FEET; THENCE S31°23'17"E, 42.61 FEET; THENCE 23°23'41"E, 39.91 FEET TO THE
NORTHERLY LINE OF RIVER COLONY AS RECORDED IN MAP BOOK 55, PAGE 39,OF
THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE DEPART SAID
MEAN HIGH WATER LINE S69010'20"W ALONG SAID NORTHERLY LINE A DISTANCE
OF 553.12 FEET TO THE WESTERLY LINE OF SAID RIVER COLONY; THENCE ALONG
SAID WESTERLY LINE S22058'23"E,A DISTANCE OF 320.04 FEET TO THE SOUTHERLY
LINE OF LOT 32,PLAT OF RIVERFRONT ESTATES UNIT NO.2,AS RECORDED IN MAP
BOOK 19,PAGE 31,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA,ALSO
BEING THE NORTHERLY RIGHT OF WAY LINE OF JONES FISH CAMP ROAD
(PLATTED THOMAS STREET) (60' R/W); THENCE ALONG THE SOUTHERLY LINE OF
SAID LOTS 32, 31 AND 28 AND THE SAID NORTHERLY RIGHT OF WAY LINE
S69°37'39"W, 528.61 FEET;THENCE DEPART SAID NORTHERLY RIGHT OF WAY LINE
N29°04'41"W, 48.78 FEET; THENCE N17°57'04"W, 116.71 FEET; THENCE N15°36'53"W,
170.49 FEET;THENCE N18°30'32"W, 175.51 FEET;THENCE NI 7'59'27"W,221.51 FEET TO
THE POINT OF BEGINNING.
TOGETHER WITH
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, AND 10 AND TRACTS A, B, AND C, RIVER COLONY, AS
RECORDED IN MAP BOOK 55, PAGE 55, PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA.
TOGETHER WITH
TRACT D, RIVER COLONY, AS RECORDED IN MAP BOOK 55, PAGE 55, PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA.
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EXHIBIT "B"
MIXED USE PLANNED UNIT DEVELOPMENT(MUPUD)
AGREEMENT
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MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD)AGREEMENT
EDGEWATER RIVER OAKS
THIS AGREEMENT("Agreement")is made and entered into this q1011�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") INDIAN RIVER
SHORELINE LLC,a Florida limited liability company,whose mailing address is 7100 Northland
Circle North,Suite 101,Minneapolis, Minnesota 55428, and OMNI DEVELOPMENT, LLC,
a Florida limited liability company, whose mailing address is 200 South Orange Avenue, Suite
800, Orlando, Florida 32801, (collectively referred to below as "Owner").Developer means any
person undertaking entitlement or physical development of the Property or a portion thereof, and
may include the 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 36.396+/- acres located on Jones Fish
Camp Road and South Ridgewood Avenue, 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 Indian River Shoreline LLC and Omni
Development,LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land for 30 years. A
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Developer undertaking development of any portion of the Property shall comply with and conform
to this Agreement with respect to the development being undertaken. The Developer shall submit
permits for the commencement of construction as defined by the Master Plan(Exhibit`B")within
five(5)years following the effective date of this Agreement. The Agreement may be extended by
mutual consent of the governing body and the Developer,subject to a public hearing.
3. APPROVAL OF MASTER PLAN AND PHASES OF AGREEMENT
A. Approval of Master Plan. City hereby approves the Master Plan ("Master Plan")
attached hereto as Exhibit `B" and incorporated herein and the uses, requirements and
development standards (collectively, "Development Standards") set forth below. Subject to the
conditions, commitments, and requirements of this Agreement, the project may be developed
consistent with the Master Plan and the Development Standards. Details and construction
requirements that the Development Standards do not address shall be governed by the LDC.To the
extent requirements of the LDC and the Development Standards conflict or are inconsistent
or incompatible, the Development Standards shall control.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.
B. Phases. At the discretion of the Developer, development of the Project may be
performed in one or more phases (the "Phases"). A Developer is not required to develop the
entire Project at once as a single development. Provided the record owners 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
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utilities improvements) to be shared by multiple Phases. Developer shall construct utility
extensions beyond the limits of any particular phase generally consistent with the Master Plan as
directed by the Utility Provider to establish functional systems to serve the incremental phases.
4. DEVELOPMENT STANDARDS AND PERMITTED USES
Project means development and operation of the Property as allowed by this Agreement,
including for single-family residential, multi-family residential, marina, boat storage, fuel station,
hotel, restaurant, commercial retail, and other uses. 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/Multi-Family Area and a Commercial/Mixed Use Area. Access
improvements shall be provided as required by FDOT and LDC.The maximum building coverage
shall apply to the Property as a whole at 50% maximum building coverage and the maximum
impervious coverage shall also apply to the Property as a whole at 75% maximum impervious
coverage.
The Master Plan specifies uses for individual portions of the Property. The City expressly
authorizes the uses so specified for the respective portions of the Property. The following uses are
expressly permitted on the designated parcels depicted on the Master Plan, subject to the following
development standards:
A. Residential/Multi-Family Area
i. Permitted Uses: The following uses shall be authorized on the Property:
a. Multifamily Residential.
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b. Multifamily buildings which are a part of a multifamily complex may
contain one unit or more so long as they are under singular ownership and
management and the development standards set forth in this Agreement are met.
c. Accessory uses associated with any multifamily residential developments which
may include, but are not limited to, clubhouses,neighborhood pools, recreational
amenities/facilities, and permanent offices for leasing and building management
operations.
ii. Unit Count
The residential unit count within the Residential/Multi-Family Area shall not
exceed 188 dwelling units. The individual buildings may be individually adjusted for
more or less units per building,without amendment to this Agreement.
iii. Minimum Unit Square Footage
The minimum gross unit square footage shall be at least 650 square feet living area
under air for multi-family residential.Five(5)detached garage buildings shall be permitted.
iv. Minimum Yard Size and Setbacks
North Setback: 10 feet
South Setback:25 feet
S.Ridgewood Ave. Setback: 50 feet
Jones Fish Camp Road Setback:20 feet
Preservation/Pond Edge Setback: 25 feet
Building Separation: *
Maximum Height: 35 feet.
Parking: 1.5 spaces per unit plus 5%for visitors according to Table V-8 of the City's
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LDC.
*0' when attached, 10' for single story, 15' for two stories.
V. Trees
Tree Preservation Areas(TPA)as set forth in the Master Plan shall be utilized to meet
the City's Minimum Tree Protection Requirements within the LDC. The TPA requirement
may be met within the overall MUPUD rather than within each phase.
vi. Landscaping and Irrigation
A ten(10)foot landscape buffer shall be provided along the North property boundary.
Said buffer shall consist of two (2) canopy trees, three (3) understory trees, and twenty (20)
shrubs for every one hundred(100)linear feet.In lieu of this required buffer,the development
may utilize the existing vegetation, provided the existing vegetation is protected and no
vegetation is removed during the development.
A fifteen (15) foot landscape buffer shall be provided along the South Boundary
abutting the residential that have frontage on Jones Fish Camp Road. Said buffer shall consist
three(3)canopy trees, three(3)understory trees, and thirty (30)shrubs for every one hundred
linear feet and a 6-foot PVC fence or masonry wall.
The landscape buffer along S Ridgewood Avenue, referred as US Highway 1, shall
conform to Article XX,Section 21-630.03.A twenty-five(25)foot wide landscape buffer shall
be provided along S Ridgewood Avenue, referred as US Highway 1.
Canopy trees shall be defined as a tree with a caliper of 2.5" and shall grow to a
minimum of twenty-five(25)feet in height and fifteen(15)feet in width.
Understory trees shall be defined as a tree with a caliper of 2.5" and shall grow to a
minimum of fifteen(15) feet in height and ten(10)feet in width.
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Shrubs shall be defined as three (3) gallon plants with a minimum height of eighteen
(18) inches at the time of planting.
Existing trees may be utilized in lieu of the required canopy trees within the landscape
buffers, provided said trees are identified on the landscape plan and are protected with a
protective barrier. An arborist report and tree survey shall be provided for the removal of any
tree.
A minimum of 25% of the Property shall be required to meet the natural vegetation
requirements of the City.Wet and dry ponds shall count towards required open space.
Landscaping and irrigation plans for common areas must be submitted with final
construction plans. All future buffer maintenance responsibility will be that of the
management company or a property owners association and shall comply with the LDC.
Common areas and the entrance area shall be irrigated. All irrigation must comply
with the Volusia County Water Wise Landscape Irrigation Standards.
vii. Amenities
a. Developer shall construct an amenity center including a pool and two outdoor
grills. The pool will be designed to meet the appropriate City, County and/or State
requirements. One outdoor sports court shall be provided.
b. Developer shall provide a six (6) foot stabilized path along the largest water
retention or water detention pond with a minimum of three (3) dog waste stations. Dog
waste stations are defined as a structure that has dog waste bags with a trash receptacle.
C. Ownership and maintenance responsibility of all recreation/open space areas
will be that of the Management Association or Property Owners Association,as applicable.
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viii. Roads/Driveway
Private roads or driveways within the project will have a minimum width of twenty
feet (20') with a two (2) foot-wide curb and gutter per side and constructed pursuant to the
City's Standard Details. Said roads shall be dedicated to the MA or the POA (as defined
below), subsequent to final City inspection and by a final plat. A gated entrance shall be
provided for the multi-family development at the entrance of US Highway 1 and the entrance
at Jones Fish Camp Road. All gating shall comply with the requirements of the City LDC.
Emergency access for all gating shall be provided by a"Click to Enter"system and a Knoxg
override system or other method as approved by the City's Fire Marshal.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. Such
road or driveway requirements may be modified based upon final environmental,permitting,
and planning considerations and/or Federal and State regulatory agencies permit requirements.
ix. Signage
Signage will be located along the main entrance road,not within the right-of-way,and
shall meet the current City LDC standards of Article XX. All future maintenance
responsibilities will be that of the Management Association or Property Owner's Association.
X. Mailboxes
Developer shall request approval from the United 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.
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xi. Air Conditioning for the Units
The location(s) of air conditioning units and pads shall be determined during the
construction plan review process.
xii. Model Homes and Leasing Offices
A leasing office may be designated for use as a potential model home or sales office.
Up to three (3) building lots may be designated for use as potential model home or
temporary sales office lots. A model home may be used as a sales or leasing office from
the time the plat is recorded until such time as the last lot is developed within the subdivision
or final site plan is approved. Model home construction prior to plat recording or approval
of a final site plan shall only be allowed upon compliance with the following requirements:
a. Provision for fire protection,including testing and approval of the water system
by the Florida Department of Environmental Protection (FDEP), if on-site
hydrants are required to service the area where the proposed models will be
constructed.
b. Construction of access roads to the model home sites prior to building
permit issuance, to the extent necessary to allow sufficient access by City
vehicles for inspections.
C. Permanent utility connections cannot be made until the sanitary sewer system
has been completed and certified to FDEP.Temporary utilities, once inspected
and approved by the city, shall be permitted until permanent utility
connections are provided.
d. Any Leasing Center shall provide handicap accessible restrooms.
Additional requirements, restrictions and conditions may be imposed by the City to
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address specific site or project concerns. A Certificate of Completion issued as provided in
the Florida Building Code shall be deemed to authorize limited occupancy of the model
home/sales/leasing office. Upon conversion of the model homes back to a multi-family
dwelling, a new and permanent certificate of occupancy shall be issued upon completion
reflecting the residential dwelling classification.
Temporary flags or insignias which read "model", "open", "open house" or any other
phrase which identifies property for real estate purposes may be displayed until such time as
the last lot is developed within the Development in the following locations and numbers:
i. The maximum height of any temporary flags shall be eight feet (8') with a
maximum size of fifteen(15)square feet.
ii. The number of temporary flags shall not exceed four (4) and shall be
permitted on private/common property and prohibited in the roadway area and
site triangle area as outlined in the Land Development Code, Section 21-38.03.
iii. Each model home may have a ground-based sign,not exceeding 20 square feet
with a maximum height of eight(8)feet, indicating "Model Home".
iv. Each leasing office may have a maximum of two (2) flags or signs not
exceeding fifteen(15)square feet each in area with a maximum height of eight
(8)feet indicating"Leasing Center or Office".
B. Commercial/Mixed Use Area
i. Permitted Uses: The following uses shall be authorized on the Property:
a. Hotel(s)or Resort(s).
b. Restaurant(s).
c. Boat Storage/Stack Storage(including multi-story stack and storage).
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d. Fuel Pumps.
e. Boat Marina(s).
f. Docks and Wet Slips.
g. Retail Uses related to Boat Marina.
h. All liquor sales or service and associated establishments(including for on-
premises or off-premises consumption).
i. Multifamily Residential.
j. Townhomes.
Uses may be moved around or relocated from the locations as depicted on the
Master Plan to other portions of the Property within the Commercial/Mixed Use Area, so
long as the densities and intensities related to said entitlement(s) are not increased. There
shall be a minimum commercial area of 10,000 square feet,a maximum restaurant use of
28,000 square feet, and a maximum hotel occupancy by room of 390 rooms. Parking
requirements within the Commercial/Mixed Use Area may be reduced by up to fifteen
percent (15%) if a traffic study, reviewed and approved by City staff, supports such a
reduction.
ii. Maximum Densities and Standards
The maximum residential units(multifamily or townhome)permitted includes and
shall not exceed 12 dwelling units per net acre as calculated by the LDC, within the
Commercial/Mixed Use Area, for a maximum density of 60 residential units within the
Commercial/Mixed-Use Area. Any residential units within the Commercial/Mixed Use
Area may be developed as part of a mixed-use building, excluding any building over
thirty-five (35) feet in height in accordance with the City of Edgewater's Charter. Said
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development may be developed independently, in which case the residential portion of
the Commercial/Mixed Use Area development shall meet the following development
standards:
iii. Multi-Family Minimum Yard Size and Setbacks
North Setback: 15 feet
South Setback:20 feet
Jones Fish Camp Road Setback: 20 feet
Preservation/Pond Edge Setback:25 feet
Building Separation: *
Maximum Height: 35 feet
Parking: Shall meet the current City LDC
*0' when attached, 10' for single story. 15' for two stories or more.
iv. Platted Townhome Minimum Yard Size and Setbacks
Minimum lot area: 1,000 sf
Minimum lot width: 20 feet
MUPUD Perimeter Setbacks: North Setback: 15 feet
South Setback: 20 feet
Jones Fish Camp Road Setback: 20 feet
Preservation/Pond Edge Setback: 25 feet
Minimum building setbacks for Interior Lots:
Front yard: 15 ft.
Rear yard: 10 ft.
Side yard:* 0 ft.
Between buildings(side to side): 10 ft.
Between buildings: 20 ft. (front to front or rear to rear)
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Minimum floor area: 600 sq. ft.
Maximum building coverage: 85 %
Maximum Height: 35 feet.
Parking: Shall meet the current City LDC
*0 ft. (when attached)or 5 ft. for single story and 7.5 ft. for two stories.
v. Commercial Minimum Yard Size and Setbacks
Minimum Lot Area: 20,000 square feet
Minimum Width: 100 feet
Minimum Depth: 100 feet
North Setback: 30 feet
Jones Fish Camp Road Setback: 20 feet
Preservation/Pond Edge Setback: 25 feet Eastern Boundary Sea Wall: 0'/10'
Building Separation:*
Maximum Height:
Dry storage or other commercial buildings:45 feet
Hotel: 60 feet (From the Right of Way (ROW) of Jones Fish Camp Road, the
minimum setback shall be 20 feet for up to 35 feet in building height;a 25 foot setback
for 36 feet in building height up to 40 feet in height; 30 foot setback for 41 feet to 50
feet in building height; and 40 foot setback for 51 feet to 60 feet in building height.)
Parking: Shall meet the current City LDC.
*0' when attached. 10' for single story. 15' for two or more stories.
There shall be no setbacks required internally, within the Commercial/Mixed Use
Area, between commercial uses.
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vi. Boat Slip Allocation
City hereby allocates to Developer for use in the project a total of three hundred
thirty-eight (338) dry boat slips, and twenty (20) wet boat slips, which Owner may
construct, operate, and maintain on the Property. City's allocation of boat slips derives
from the allocation of such slips under the Manatee Protection Plan. Once City
provides such allocation to Developer/Owner, Owner shall be responsible for providing
notice to, and securing any required approvals from, the County, SJRWMD, and other
applicable governmental authorities (including Federal, State or Local) concerning the
boat slips hereby allocated to Owner. Unused boat slips shall revert to the City if not
used within 60 months of effective date of this MPUD. Per each three(3)boat slips, there
shall be one(1)parking space.
vii. Trees
Minimum Tree Preservation Areas as set forth in the Master Plan shall be utilized
to meet the City's Minimum Tree Protection Requirements within the LDC. The TPA
requirement may be met within the overall MUPUD rather than within each phase.
viii. Landscaping and Irrigation
Landscaping and irrigation plans for common areas shall be submitted with final
construction plans. A ten (10) foot landscape buffer shall be provided along the North
property boundary. Said buffer shall consist of two (2) canopy trees, three (3) understory
trees,and twenty(20)shrubs for every one hundred(100)linear feet.In lieu of this required
buffer,the development may utilize the existing vegetation,provided the existing vegetation
is protected and no vegetation is removed during the development.
A twenty (20) foot landscape buffer shall be provided along the South Boundary
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abutting Jones Fish Camp Road. Said buffer shall consist of a seven (7) foot strip of sod
adjacent to the development's sidewalk or curb, then three (3) canopy trees, three (3)
understory trees,and thirty(30)shrubs for every one hundred linear feet. A 6-foot privacy
fence where parking or a building abuts Jones Fish Camp Road.
Canopy trees shall be defined as a tree with a caliper of 2.5" and shall grow to a
minimum of twenty-five(25)feet in height and fifteen(15) feet in width.
Understory trees shall be defined as a tree with a caliper of 2.5"and shall grow to a
minimum of fifteen(15)feet in height and ten(10)feet in width.
Shrubs shall be defined as three(3)gallon plants with a minimum height of eighteen
(18)inches at the time of planting.
Existing trees may be utilized in lieu of the required canopy trees within the
landscape buffers,provided said trees are identified on the landscape plan and are protected
with a protective barrier.An arborist report and tree survey shall be provided for the removal
of any tree. All future buffer maintenance responsibility will be that of the Property
Owners Association.A minimum of 25% of the Property shall be required to meet the
natural vegetation requirements of the City.Wet and dry ponds shall count towards required
open space.
Common areas and the entrance area shall be irrigated. All irrigation must comply
with all Volusia County Water Wise Landscape Irrigation Standards.
ix. 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.Such road or driveway requirements may be modified based
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upon final environmental, permitting, and planning considerations and/or Federal and
State regulatory agencies permit requirements.
X. Entrance to Project
One(1)access to South Ridgewood Ave,and three(3)accesses to Jones Fish Camp
Road, as shown on the Master Plan, shall be permitted. Other entrances or access points
may be authorized on the Property by the City. The final locations of access points
may be modified based upon final environmental,permitting,and planning considerations
and/or Federal and State regulatory agencies permit requirements.
xi. Signage
Signage will be located along the main entrance road on Jones Fish Camp 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. Additional signage may be
permissible as agreed to by the City.
5. MANAGEMENT ASSOCIATION/PROPERTY OWNERS ASSOCIATION_
The Developer shall provide for a management association (MA) for the
Residential/Multi- Family Area for the purpose of maintaining the property and enforcing
applicable covenants and restrictions. The Developer shall establish a Property Owners
Association (POA) for the Commercial Area for the purpose of maintaining the property and
enforcing applicable covenants and restrictions.
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 or the final site plan is approved.
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6. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation is Mixed-Use with Conservation Overlay and the zoning
designation is MUPUD (Mixed-Use Planned Unit development) as defined in the City LDC and
is consistent with the adopted Comprehensive Plan/Future Land Use Map. The following tables
provide a summary of the Future Land Use and Zoning entitlement and allocation within the
project:
Mixed Use-Community Center Summary of Allowable Entitlements
Allowable Allowable Total
Project Site Acres Density Totalnits Intensity Floor Square
Units/Acre Area Ratio(FAR) Feet
Gross 36.396
Wetlands 1.93
Net Development Area 34.466
Residential Units (60%) 20.68 12 248
Commercial(40%) 13.79 0.5 300,268
Project Site Allocation of Entitlements
Residential Maximum Units Commercial Maximum Square
Acreage Residential Acreage Footage Commercial
Residential/Multi- 17.82 188 0 0
Family
Commercial/Mixed- 2.86 60 13.79 300,268
Use
otal 20.68 248 13.79 300,268
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7. 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 or Site Plan 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 development, shall provide all public facilities to support this
project including the following:
a. Water Distribution System including fire hydrants: For that portion of the
development west of Alice Street, Developer agrees to connect to and utilize the
City of Edgewater water distribution system at the nearest point of connection. For
that portion of the development east of Alice Street, Developer agrees to connect
to and utilize the City of Edgewater water distribution system at the nearest point
of connection. An emergency interconnection between the two systems shall be
installed in the vicinity of Alice Street,with valves which can be shut during normal
operation. All water distribution systems shall be "looped" where possible in the
sole determination of the respective Utility Provider in order to prevent any future
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stagnation of water supply. All water main distribution system improvements will
be installed by the Developer and conveyed to the respective Utility Provider by
Bill of Sale in a form reasonably acceptable to said Utility Provider prior to or at
the time of platting or in accordance with the requirements contained in the Land
Development Code as it relates to performance bonds. Water capacity shall be
reserved for a period not to exceed twenty-four (24) months from the date the
Utility Provider signs the FDEP and/or DOH Water Application.
b. Sewage Collection and Transmission System: For that portion of the development
west of Alice Street, Developer agrees to connect to and utilize the City of
Edgewater wastewater transmission and collection system at the nearest point of
connection. For that portion of the development east of Alice Street, Developer
agrees to connect to and utilize the City of Edgewater 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 respective Utility Provider by Bill of Sale in a form reasonably acceptable to
said Utility Provider prior to or at the time of platting or in accordance with the
requirements contained in the Land Development Code as it relates to performance
bonds. 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 Owner's Association (POA) or Management
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Association(MA)for the Residential/Multi-Family Area and the Property Owner's
Association (POA) for the Commercial/Mixed Use Area. Developer is required to
provide an outfall to a publicly owned or controlled drainage conveyance system,
and obtain an off-site drainage easement space if necessary. The on-site 100-year
Flood elevation shall be established to the satisfaction of the Flood Plain Manager
or FEMA. Compensatory Storage shall be provided for per the requirements set
forth in Article IV(Resource Protection Standards)of the LDC,as may be amended
from time to time. 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 Urban
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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 by the City Engineer where the Applicant
demonstrates such system provides a higher degree of pollution abatement
and water quantity attenuation.
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• 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 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
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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 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
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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.
• 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
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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 may be available in the foreseeable future. Therefore, the Developer shall
install a central reclaimed water irrigation distribution system constructed to City
standards. Water will be provided initially by onsite irrigation wells or surface
water withdrawal until reclaimed water is available to the Development and all
irrigation systems shall be approved by all applicable regulatory agencies. Once
reclaimed water is provided to the area the development must convert irrigation
systems to the reclaimed water system within 30 days of availability. Onsite
irrigation system to remain property of MA/POA, with single point of connection
to (future)City reclaimed water utility.
e. Pavement Markings and Signage. 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 MA or POA for the Residential/Multi-Family Area and the POA for the
Commercial/Mixed Use Area.
f. Sidewalks.A five-foot(5')wide public sidewalk shall be installed by the Developer
in all common areas and right of ways within the development, and a five-foot(5')
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wide sidewalk shall be installed by individual builders on each lot prior to issuance
of Certificate of Occupancy by the City of Edgewater for that lot. Sidewalks along
common areas and right of ways shall be constructed and approved by the City
prior to issuance of the first Certificate of Occupancy for the development.
Developer shall provide a bond or surety in a form acceptable to the City in the
amount as stated per the current fee resolution per lineal foot for two (2) years. If
sidewalks are not completed within two (2) years, the Developer will install the
remaining sidewalks.
g. Recreation and Open Space.
i. A minimum of 25% of the residential development within Residential/Multi-
Family Area shall be dedicated to open space, as defined in the LDC, if the
project is phased, a minimum of 25% of each residential phase within the
Residential/Muld-Family Area 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. The pool will be designed to meet the appropriate
City,County and/or State requirements.
iii. Developer will provide a mulched path as a passive amenity as shown on
Exhibit B -Master Plan.
iv. Ownership and maintenance responsibility of all recreation/open space
areas will be that of the Management Association or Property Owners
Association,as applicable.
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8. 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 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,
as applicable.
9. BONDS
Performance Bond: If the applicant desires to plat the proposed subdivision prior to the
completion of improvements,surety in the form of a performance bond,letter of credit,trust, deed
or escrow agreement approved by the City Attorney shall be delivered to the City and recorded
with the Clerk of the Circuit Court of Volusia County. Such surety shall be one hundred thirty
percent (130%) of the cost to complete all required improvements, such as streets, sidewalks,
and utilities. Cost estimates of work to be completed shall be provided by the applicant no less
than 30 days prior to the issuance of the Performance Bond;the amount and method of estimating
shall be corroborated by the City Manager and the Environmental Services Director prior to
acceptance. Construction of the stormwater management system, including associated grading
and stabilization, must be complete prior to Final Plat and cannot be bonded against for
uncompleted work. The surety shall be conditioned upon the faithful performance by the
applicant of all work required to complete all improvements in the subdivision or unit division
thereof, in compliance with this agreement and shall be payable to and for the indemnification of
the City of Edgewater. Once the work is completed, certified by the regulatory agencies and
accepted by the City Engineer and the Environmental Services Director, the performance bond
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instrument shall be released to the developer. Maintenance Bond: A maintenance bond in the
amount of ten percent(10%) of the total cost of all required street, sidewalk, utility and drainage
improvements shall be posted as a condition to final plat approval by the City Council. Such
maintenance bond will be returned to the applicant at the end of two (2) years from the date of
final inspection and approval of the required improvements by the City.
10. 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.
11. 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.
12. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City, by limited warranty deed and title insurance free
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and clear of all liens and encumbrances at plat dedication, all utility easements, as required. All
utilities shall be dedicated to their respective Utility Provider, whether to Volusia County utilities
or to City of Edgewater utilities.
13. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification,amendment or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived.
14. 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.
1S. PA PEAL
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 concerning this Agreement shall be considered final agency action, appealable to a court
of competent jurisdiction.
16. 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
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regulations of the City not inconsistent with,or contrary to,this Agreement.
17. BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person,firm,corporation, or entity who may become the successor in interest
to the land subject to this Agreement or any portion thereof and shall run with the land and shall
be administered in a manner consistent with the laws of the State of Florida.
18. REECORDING
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.
19. 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.
20. APPLICABLE LAW
This Agreement and provisions contained herein shall be construed,controlled and
interpreted according to the laws of the State of Florida.
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21. TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
22. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties only
in writing by formal amendment. Substantial changes, as determined by the City Manager, shall
require City Council approval.
23. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each
shall execute and deliver to the other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
24. 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.
25. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
2023-0-37 30
Edgewater River Oaks
Instrument#2023251041 #39 Book:8494 Pagel 436
26. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only,and the
words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction,or meaning of the provisions of this Agreement.
27. SEVERABILITY
If any sentence,phrase,paragraph,provision or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be
deemed a separate,distinct and independent provision and such holding shall not affect the validity
of the remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
ATTES y" ' CITY COUNCIL OF THE
........`�C�� CITY OF EDGEWATER,FLORIDA
7 _
at c Lo
By:
Bonnie Zlotnik,.4tAIC Diezel Depew
City Clerk Mayor
2023-0-37 31
Edgewater River Oaks
Instrument#2023251041 #41 Book:8494 Page:1438
Witnessed by: OWNER
STA E OF FLORIDA
COUNTY OF V6 1 vA l
The foregoing instrument was acknowledged before me by means of(physical pkesence or 0
online notarization on this (7 day of tJg,V-r v-6—r2023,by,S Aca,<- <rk�11kx-(Z--
,who is personally known to me or has produced
as identification and who did(did not)take an oath.
KRISTA ANNE ClA
Notary public Statete of of Florida
Co7nisSEon#HH 010213
� My Comm.Expires Sep 11,2024
Notary Public Bonded through National Notary Assn.
Stamp/Seal
2023-0-37 32
Edgewater River Oaks
Instrument#2023251041 #43 Book:8494 Pagel 440
Witnessed by: OWNER
By
Sic ✓.c,fi-mss ztu-R..
STATE OF FLORIDA
COUNTY OF •V O k VS k w—
The foregoing instrument was acknowledged before me by means of physical presence or ❑
online notarization on thisAlday of QOV-e-yVbcC2023,by SA<,/—<—' i \-Ls—fC—
who is personally known to me or has produced
as identification and who did(did not)take an oath.
l � v'i'•.. KRI57AANNE CA
Notary Public•State state of of FloridaFl
V..
Cowission#HH 010273
N tary Public My Comm.Expires Sep 11,202+
Stamp/Seal Bonded through National Notary Assn.
2023-0-37 33
Edgewater River Oaks
Instrument#2023251041 #44 Book:8494 Pagel 441
EXHIBIT"A"
LEGAL DESCRIPTION
(OMNI DEVELOPMENT LLC)
ALL OF LOTS 13, 14, 15, 16, THE EAST 100 FEET OF LOT 25, ALL OF LOTS 26, 27, A
PORTION OF LOT 28, THE VACATED PORTION OF NELLIE STREET, PER O.R. BOOK
5840, PAGE 43, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, THE VACATED
PORTION OF ALICE STREET, PER O.R. BOOK 5840, PAGE 43, PUBLIC RECORDS OF
VOLUSIA COUNTY,FLORIDA,ALL IN THE PLAT OF RIVERFRONT ESTATES UNIT NO.
2,AS RECORDED IN MAP BOOK 19,PAGE 31, OF THE PUBLIC RECORDS OF VOLUSIA
COUNTY, FLORIDA AND A PORTION OF THE SOUTH 100 FEET OF LOT 6, THE PLAT
OF RIVERFRONT ESTATES AS RECORDED IN MAP BOOK 19,PAGE 18,OF THE PUBLIC
RECORDS OF VOLUSIA COUNTY FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 6,PLAT OF RIVERFRONT ESTATES,AS
RECORDED IN MAP BOOK 19, PAGE 18, OF THE PUBLIC RECORDS OF VOLUSIA
COUNTY, FLORIDA; THENCE RUN N23°00'28"W ALONG THE WESTERLY LINE OF
SAID LOT 6 ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF U.S.HIGHWAY NO.
1 (200'R/W), 100.21 FEET TO THE NORTHERLY LINE OF THE SOUTH 100 FEET OF SAID
LOT 6; THENCE DEPART SAID WESTERLY LINE N68°36'30"E ALONG THE
NORTHERLY LINE OF THE SOUTH 100 FEET OF SAID LOT 6, A DISTANCE OF 1550.98
FEET; THENCE DEPART SAID NORTHERLY LINE S 17°59'27"E, 221.51 FEET; THENCE
S18°30'32"E, 175.51 FEET; THENCE S15°36'53"E, 170.49' FEET; THENCE S17°57'04"E,
116.71 FEET;THENCE S29°04'41"E,48.78 FEET TO THE SOUTHERLY LINE OF SAID LOT
28, PLAT OF RIVERFRONT ESTATES UNIT NO. 2, AS RECORDED IN MAP BOOK 19,
PAGE 31, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA SAID LINE
ALSO BEING THE NORTH RIGHT OF WAY LINE OF JONES FISH CAMP ROAD
(PLATTED THOMAS STREET) (60' R/W); THENCE S69°37'39"W ALONG SAID
SOUTHERLY LINE OF SAID LOT 28 AND THE SOUTHERLY LINE OF SAID VACATED
PORTION OF ALICE STREET AND THE SOUTHERLY LINE OF SAID LOT 25, A
DISTANCE OF 231.45 FEET TO THE WESTERLY LINE OF THE EAST 100 FEET OF SAID
LOT 25; THENCE DEPART SAID SOUTHERLY LINE N22°56'31"W ALONG THE
WESTERLY LINE OF THE EAST 100 FEET OF SAID LOT 25,A DISTANCE OF 226.37 FEET
TO THE SOUTHERLY LINE OF SAID LOT 26; THENCE S68°36'34"W ALONG THE
SOUTHERLY LINE OF SAID LOTS 26, 16, 13 AND THE SOUTHERLY LINE OF THE SAID
VACATED PORTION OF NELLIE STREET, 959.76 FEET TO THE WESTERLY LINE OF
SAID LOT 13; THENCE N22°59'09"W ALONG WESTERLY LINE OF SAID LOTS 13 AND
14, A DISTANCE OF 400.43 FEET TO THE SOUTHERLY LINE OF SAID LOT 6, PLAT OF
RIVERFRONT ESTATES; THENCE S68°36'30"W ALONG SAID SOUTHERLY LINE OF
LOT 6,A DISTANCE OF 300.11 FEET TO THE POINT OF BEGINNING.
2023-0-37 34
Edgewater River Oaks
Instrument#2023251041 #45 Book:8494 Pagel 442
TOGETHER WITH(OMNI DEVELOPMENT LLC)
LOTS 1,2 AND 3,PLAT OF RIVERFRONT ESTATES UNIT NO.2,AS RECORDED IN MAP
BOOK 19,PAGE 31,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA,LESS
AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
PARCEL 1:
LOT 3,LESS THE EASTERLY 100 FEET THEREOF,RIVERFRONT ESTATES UNIT NO. 2,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 19,
PAGE 31,PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA.
PARCEL 2:
THE EASTERLY 100 FEET OF LOT 3, RIVERFRONT ESTATES UNIT NO.2,ACCORDING
TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 19.PAGE 31,PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA.
PARCEL 3:
A PORTION OF LOT 2,RIVERFRONT ESTATES UNIT NO. 2,ACCORDING TO THE MAP
OR PLAT THEREOF AS RECORDED IN PLAT BOOK 19. PAGE 31,PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2, SAID POINT LYING ON
THE EASTERLY RIGHT OF WAY LINE OF US HIGHWAY NO. 1, ALSO KNOWN AS
SOUTH RIDGEWOOD AVENUE (HAVING A RIGHT OF WAY WIDTH OF 175 FEET AS
SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP,
SECTION 79014112)275,WITH A LAST REVISION DATE OF JANUARY 7, 1997),THENCE
NORTH 22059'10" WEST,ALONG SAID EASTERLY RIGHT OF WAY LINE,A DISTANCE
OF 82.01 FEET; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY LINE, NORTH
68°02'26" EAST, A DISTANCE OF 300.28 FEET TO THE EAST LINE OF SAID LOT 2;
THENCE SOUTH 22058'58"EAST,ALONG THE EAST LINE OF SAID LOT 2,A DISTANCE
OF 85.89 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH
68046'45" WEST, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 300.37
FEET TO THE POINT OF BEGINNING.
LESS AND EXCEPT THE FLORIDA DEPARTMENT OF TRANSPORTATION DRAINAGE
EASEMENT PER CIRCUIT COURT MINUTE BOOK 50,PAGE 238 AND CIRCUIT COURT
MINUTE BOOK 74,PAGE 216.
TOGETHER WITH(INDIAN RIVER SHORELINE LLC)
A PORTION OF LOT 28,ALL OF LOTS 31,32,A PORTION OF LOTS 35 AND 36,THE PLAT
OF RIVERFRONT ESTATES UNIT NO.2,AS RECORDED IN MAP BOOK 19,PAGE 31,OF
THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND A PORTION OF THE
SOUTH 100 FEET OF LOT 6, THE PLAT OF RIVERFRONT ESTATES AS RECORDED IN
2023-0-37 35
Edgewater River Oaks
Instrument#2023251041 #46 Book:8494 Pagel 443
MAP BOOK 19, PAGE 18, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 6, PLAT OF RIVERFRONT
ESTATES, AS RECORDED IN MAP BOOK 19, PAGE 18, OF THE PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA; THENCE RUN N23°00'28"W ALONG THE WESTERLY
LINE OF SAID LOT 6 ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF U.S.
HIGHWAY NO. 1 (200' R/W) A DISTANCE OF 100.21 FEET; THENCE DEPART SAID
WESTERLY LINE N68036'30"E ALONG THE NORTHERLY LINE OF THE SOUTH 100
FEET OF SAID LOT 6, A DISTANCE OF 1550.98 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE ALONG THE SAID NORTHERLY LINE N68°36'30"E, A DISTANCE
OF 950.00 FEET TO THE MEAN HIGH WATER LINE OF THE INDIAN RIVER, THENCE
ALONG THE SAID MEAN HIGH WATER LINE S2801 1'26"E, 3.24 FEET; THENCE
S40°06'51"E, 70.22 FEET; THENCE S45°37'41"E, 66.70 FEET; THENCE S48°30'34"E, 50.57
FEET; THENCE S62°36'48"E, 28.25; THENCE S46°54'54"E, 51.67 FEET; THENCE
S27°34'56"E, 47.56 FEET; THENCE S35°08'42"E, 42.90 FEET; THENCE S15°49'21"E, 15.38
FEET; THENCE S31°23'17"E, 42.61 FEET; THENCE 23'23'41"E, 39.91 FEET TO THE
NORTHERLY LINE OF RIVER COLONY AS RECORDED IN MAP BOOK 55, PAGE 39,OF
THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE DEPART SAID
MEAN HIGH WATER LINE S69010'20"W ALONG SAID NORTHERLY LINE A DISTANCE
OF 553.12 FEET TO THE WESTERLY LINE OF SAID RIVER COLONY; THENCE ALONG
SAID WESTERLY LINE S22058'23"E,A DISTANCE OF 320.04 FEET TO THE SOUTHERLY
LINE OF LOT 32,PLAT OF RIVERFRONT ESTATES UNIT NO.2,AS RECORDED IN MAP
BOOK 19,PAGE 31,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA,ALSO
BEING THE NORTHERLY RIGHT OF WAY LINE OF JONES FISH CAMP ROAD
(PLATTED THOMAS STREET) (60' R/W); THENCE ALONG THE SOUTHERLY LINE OF
SAID LOTS 32, 31 AND 28 AND THE SAID NORTHERLY RIGHT OF WAY LINE
S69°37'39"W, 528.61 FEET;THENCE DEPART SAID NORTHERLY RIGHT OF WAY LINE
N29004'41"W, 48.78 FEET; THENCE N17°57'04"W, 116.71 FEET; THENCE N15°36'53"W,
170.49 FEET;THENCE NI 8"30'32"W, 175.51 FEET;THENCE N17°59'27'W,221.51 FEET TO
THE POINT OF BEGINNING.
TOGETHER WITH (INDIAN RIVER SHORELINE LLC)
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, AND 10 AND TRACTS A, B, AND C, RIVER COLONY, AS
RECORDED IN MAP BOOK 55, PAGE 55, PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA.
TOGETHER WITH (CITY OF EDGEWATER,FLORIDA)
TRACT D, RIVER COLONY, AS RECORDED IN MAP BOOK 55, PAGE 55, PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA.
2023-0-37 36
Edgewater River Oaks
Instrument#2023251041 #47 Book:8494 Page:1444 Laura E. Roth,Volusia County Clerk of Court
- 14
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