2024-O-13 - RZ 108 and 124 S. Ridgewood Ave (All About Floors) 6/1112024 10:27:36 AM Instrument#2024112714#1 Book:8567 Page:4462
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ORDINANCE NO.2024-0-13
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY OF EDGEWATER B-3
(HIGHWAY COMMERCIAL) TO CITY OF EDGEWATER
MUPUD (MIXED USE PLANNED UNIT DEVELOPMENT)
FOR .245 f ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 108 AND 124 S RIDGEWOOD AVENUE
(PARCEL IDENTIFICATION NUMBER 745211010160 &
745211010170),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
determinations:
1. Travis Springstrch, is the owner of property located at 108 and 124 S Ridgewood
Avenue,within the City of Edgewater,Florida. Subject property contains approximately .245
f acres.
2. The owner has submitted an application for a change in zoning classification from
City B-3(Highway Commercial)to City MUPUD(Mixed Use Planned Unit Development)for
the property described herein.
3. On March 13, 2024, 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 elements of the
Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established land
use pattern.
6. The proposed change in zoning classification will not adversely impact public
facilities.
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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 is hereby changed for the property described in Exhibit"A"from City
B-3 (Highway Commercial) to City MUPUD (Mixed Use Planned Unit Development) 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 Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for
the above described property.
PART C. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions,or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative,or void,such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
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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 l 12024.
VIP
..) 7 y Diezel DePew, Mayor
k5TEST.-
Bonnie Zlotnik, C,City Clerk
Passed on first reading on the 1�1--day of t ,2024
REVIEWED AND APPROVED:
Aaron R.Wol ,City Attorney
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EXHIBIT"A"
LEGAL DESCRIPTION
Parcel 745211010160
THE SOUTH 43 FEET OF LOT 17,BLOCK I,LESS AND EXCEPT PART IN U.S HIGHWAY
1, FULLER & SETTLE SUBDIVISION, ACCORDING TO TILE PLAT THEREOF
RECORDED IN MAP BOOK 8, PAGE 63, PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA.
Parcel 745211010170
ALL OF LOT 16 AND LOT 17, EXCEPTING FROM LOT 17 THE SOUTHERLY 44 FEET,
BLOCK 1, FULLER AND SETTLE SUBDIVISION, PER MAP BOOK , PAGE 63 OF THE
PUBLIC RECORD OF VOLUSIA COUNTY, FLORIDA.TOGETHER WITH THE NORTH 1
FOOT OF THE SOUTH 44 FEET OF LOT 17, BLOCK 1, FULLER, ArN-D-•SETTLE
SUBDIVISION AS RECORDED IN MAP BOOK 8, PAGE 63, PUBt2C ARECO'RM OF
VOLUSIA COUNTY,FLORIDA. r
CONTAINING.245+acres. "
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EXHIBIT"B"
MIXED USE PLANNED UNIT DEVELOPMENT(MUPUD)AGREEMENT
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Prepared by: Bonnie Zlotnik,City Clerk
City of Edgewater
104 N. Riverside Drive
Edgewater,FL 32132
ALL ABOUT FLOORS
MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD)AGREEMENT
THIS AGREEMENT ("Agreement")is made and entered into this , day of
Ala , 2024 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") ALL ABOUT FLOORS, LLC, a
Florida limited liability company,whose mailing address is 124 S Ridgewood Avenue,Edgewater,FL
32132 (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. All capitalized terms used below but not
immediately defined when first used shall have the meanings provided therefor elsewhere in this
Agreement or the City's Land Development Code and all capitalized terms not defined shall
have the meanings commonly prescribed to such term.
NOW,THEREFORE, in consideration of the agreements, premises,and covenants set forth
herein and other good and valuable consideration,the parties agree as follows:
I LEGAL DESCRI PTI ON AND o ER
The land subject to this Agreement is approximately .25t acres located at 108 South
Ridgewood Avenue and 124 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 Properties is All About Floors, LLC.
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2. DURATION OFF AGEMENT
The duration of this Agreement shall be perpetual and run with the land for 30 years. A
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.
I APPROVAL OF MASTER PLAN AND—MASES 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 ofthis 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.
4. DEVELOPMENT STANDARDS AND PERMtTTEU USES
Project means development and operation of the Property as allowed by this Agreement,
including for single-family, multi-family residential, office, warehouse, commercial retail. The
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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.
The property has an existing 7,425 square foot warehouse and retail structure on Parcel
745211010170 and a 3,655 square foot mixed use office and residential apartment on Parcel
745211010160.The maximum building coverage shall apply to the Properties as a whole at 40%
maximum building coverage and the maximum impervious coverage shall also apply to the
Property as a whole at 85% maximum impervious coverage.
A. Parcel: 745211010160: ,6SS�quaet Res, iderwtwal Mixed Use Office
a. Permitted Uses: The following uses shall be authorized on the Property:
L Multifamily Residential.
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.
ii. Office and Warehouse
b. Unit Count
The residential unit count within the Residential/Multi-Family Area shall not exceed
one(1)dwelling unit.
c. 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.
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d. Minimum Yard Size and Setbacks
North Setback: 20 feet
S. Ridgewood Ave. Setback:36 feet
South Building Setback: 8.7 feet
West Setback: 1.7 feet
Maximum Height: 35 feet.
e. Parking:
1.5 spaces per unit.
The office and warehouse parking requirements shall meet the City of Edgewater's
Land Development code.
f. Signage
The existing monument sign is grandfathered into this agreement and may be repaired
as needed.A joint sign agreement shall be required between Parcel 745211010170 and
745211010160.Said agreement shall allow the monument sign to be utilized for the business on
Parcel 745211010160 and the business on Parcel 745211010170. Any new signs must
conform with Article XX within the City of Edgewater's Land Development Code.
g. Air Conditioning for the Units
The location(s)of air conditioning units and pads are permitted as existing.
B. Parcel: 745211010170: 7,425 square foot Warehouse and Retail Building
a. Permitted Uses: The following uses shall be authorized on the Property:
i. Warehouse
ii. Retail
iii. Office
b. Parkina
Parking requirements shall be met according to the standards set forth in Article V of
the Land Development Code. A joint parking agreement can be established to meet
the required parking for the uses on Parcel 745211010170 with Parcel 745211010160.
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c. Minimum Yard Size and Setbacks
North Building Setback: 8.7 feet
W.Pine Bluff Setback: 6.3 feet
West Setback: 15.5 feet
S. Ridgewood Avenue Setback: 5.1 feet
d. Signage
The existing monument sign is grandfathered into this agreement and may be repaired
as needed.A joint sign agreement shall be required between Parcel 745211010170 and
745211010160.Said agreement shall allow the monument sign too be utilized for the business on
Parcel 745211010160 and the business on Parcel 745211010170.The protruding wall sign
on Parcel 745211010170 is grandfathered into this agreement. This wall sign may be
repaired as needed. Any new signs must conform with Article XX within the City of
1=dgewater's Land Development Code.
5. FUTURE LAND L!SE AND ZONMG—DESIGNATION
The Future Land Use designation is Mixed-Use 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:
Project Site Allowable
Parcel 745211010170 and Acres Density Total Units TOS
Square Feet
745211010160 Units/Acre
Gross .25
Residential Units(40%) .1 1.2 1 1,264
Commercial (60%) .15 9,816
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6. 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.
7. PER TS REO-UJUD
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.
8. DEDICATION OF LAND FOR ELMUC PURPOSES
The Developer shall convey to the City,by limited 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 their respective Utility Provider.
9. DEVELOPMENT REOUIREME_N�S_
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
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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 ANA WELFARE REO F.NWM
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.
11. PPPPF_,AA
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.
12. PERFQRMANCE 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.
13. 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.
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14. 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.
15. 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 tenons 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.
16. APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
17. 22ME OE THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEM MUAMENDMENT
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
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require City Council approval.
19. FUMIME ROQUIMENTATION
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 fiirther documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
20. ,SPECUFIC 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.
21. 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.
22. 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.
23. 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
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IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEVVATER,FLORIDA
r
SannielOtni C
Gigi Bennington
ctwtk' FSC' . Vice-Mayor
• , r
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WITNESSES: OWNER
ALL ABOUT FLOORS, LLC
B c
Sig toe
4 —L Mr. Travis Springst h
Printed Name: $
j(df\jDdj/�V
Address: clk
ignature
Printed Name: �,--
Address: r.
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing ins ent was ack wledged before m�e by means of O iysicai pr Bence or ❑ online
notarization t � da of 2 24 oY ` r" I 1 is
❑ personally known or wlil produced as identification.
(SeaVStamp) [ of Public
MY COMMISSION
EXPIRES 8-17.2026
�• �'qT AQP.��o•:�c
-, /�, •.FOF FLOP''
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EX,IHBIT"A"
LEGAL DESCRIPTION
Parcel 745211010160
THE SOUTH 43 FEET OF LOT 17,BLOCK 1,LESS AND EXCEPT PART IN U.S HIGHWAY
1, FULLER & SETTLE SUBDIVISION, ACCORDING TO TILE PLAT THEREOF
RECORDED IN MAP BOOK 8, PAGE 63, PUBLIC RECORDS OF VOLUSIA. COUNTY,
FLORIDA.
Parcel 745211010170
ALL OF LOT 16 AND LOT 17, EXCEPTING FROM LOT 17 THE SOUTHERLY 44 FEET,
BLOCK 1, FULLER AND SETTLE SUBDIVISION, PER MAP BOOK , PAGE 63 OF THE
PUBLIC RECORD OF VOLUSIA COUNTY, FLORIDA. TOGETHER WITH THE NORTH 1
FOOT OF THE SOUTH 44 FEET OF LOT 17, BLOCK 1, FULLER AND SETTLE
SUBDIVISION AS RECORDED IN MAP BOOK 8, PAGE 63, PUBLIC RECORDS OF
VOLUSIA COUNTY,FLORIDA.
Ordinance No.2024-0-13 12
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Instrument#2024112714#18 Book:8567 Page:4479 Laura E.Roth,Volusia County Clerk of Court
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