2025-O-14 - RZ - 2945 W Park Avenue2/5/2026 1:06:59 PM Instrument #2026021463 #1 Book:8811 Pagel 108
ORDINANCE NO. 2025-0-14
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY OF EDGEWATER I-1
(LIGHT INDUSTRIAL) TO CITY OF EDGEWATER
MUPUD (MIXED USE PLANNED UNIT DEVELOPMENT)
FOR 3.9 f ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 2945 W PARK AVENUE (PARCEL
IDENTIFICATION NUMBER 734408000144 &
743100000128), 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:
DMG 104, LLC, is the owner of property located at 2945 W Park Avenue, within
the City of Edgewater, Florida. Subject property contains approximately 3.9 f acres.
2. The owner has submitted an application for a change in zoning classification from
City I-1 (Light Industrial) to City MUPUD (Mixed Use Planned Unit Development) for the
property described herein.
3. On October 80', 2025, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and recommended approval by
a vote of three in favor, two in opposition.
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
I-1 (Light Industrial) 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.
41
PASSED AND DULY ADOPTED this 51 day of
�'Q�
Sar ,,er, City Clerk
Passed on first reading on the of 2025
Diezel DePew, Mayor
REVIEWED AND APPROVED; — L --L 4
Aaron R. Wolf, City Attorney
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2026.
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
That portion of U.S. Lot 4, Section 31, Township 17 South, Range 34 East, lying Southerly of
the F.E.C. Railway Branchline Northerly of Park Avenue, a 60 foot County Road and Westerly
of Airpark Road, a County Road, and less and except any portion of the property conveyed to the
County of Volusia in Special Warranty Deed recorded in Official Records Book 7562, Page
3974. Lying and being in Volusia County, Florida.
PARCEL 2:
That portion of Lot 14 of the SUBDIVISION OF THE SOUTH THIRD OF THE AMBROSE
HULL GRANT, per Map Book 5, page 54, Public Records of Volusia County, Florida, lying
Southerly of the F.E.C. Railway Branchline and Northerly of Park Avenue, a 60 foot County
Road, excluding that part described in a certain Deed recorded in Official Records Book 1763,
Page 1645, and also excluding any portion of the property conveyed to the County of
Volusia in Special Warranty Deed recorded in Official Records Book 7562, Page 3974, Public
Records of Volusia County, Florida.
PLAT OF BOUNDARY SURVEY OF
That portion of U.S. Lots 3 and 4, Section 31, Township 17 South, Range 34 East, Volusia County,
Florida, lying Southerly of the Florida East Coast Railway (Edgewater Cutoff), lying Northerly of
West Park Avenue (County Road 4136) and lying Westerly of "Air Park Road", an 80 -foot right of
way as now laid out AND that portion of Lot 13, SOUTH 113 OF THE AMBROSE HULL GRANT,
according to the map or plat thereof, as recorded in Map Book 4, Page 199, of the Public Records
of Volusia County, Florida, lying Southerly of the Florida East Coast Railway (Edgewater Cutoff),
lying Northerly of West Park Avenue (County Road 4136), lying Easterly of lands described in
Special Warranty Deed, recorded in Official Records Book 1611, Page 422, of the Public Records
of Volusia County, Florida and lying Easterly of lands described in Special Warranty Deed,
recorded in Official Records Book 1763, Page 1645, of the Public Records of Volusia County,
Florida, all being more particularly described as follows: For a Point of Beginning, commence at
the intersection of the Westerly right of way of said "Air Park Road" and the Northerly right of way
of West Park Avenue (County Road 4136); thence South 670 12'42" West, along the Northerly
right of way of West Park Avenue (County Road 4136), a distance of 916.61 feet to the Easterly
line of said lands described in Official Records Book 1763, Page 1645; thence North 201 16' 31"
West, along said Easterly line of lands described in Official Records Book 1763, Page 1645, and
along the easterly line of said lands described in Official Records Book 1611, Page 422, a distance
of 188.87 feet to the Southerly right of way of the Florida East Coast Railway (Edgewater Cutof);
thence North 670 53'21" East, along the Southerly right of way of the Florida East Coast Railway
(Edgewater Cutoff), distance of 933.82 feet to the Westerly right of way of said "Air Park Road';
thence South 120 54' 31" East, along the Westerly right of way of said "Air Park Road, a distance
of 115.87 feet to a point of curvature; thence along the Westerly right of way of said "Air Park
Road and 44.43 feet along the arc of a curve to the left, said curve having a radius of 340.00 feet,
a central angle of 070 29' 13" and a chord of 44.40 feet which bears South 161 39' 08" East to a
point of tangency; thence South 200 23'44" East, along the Westerly right of way of said "Air Park
Road", a distance of 19.37 feet to the Point of Beginning. Containing 3.88 acres, more or less.
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EXHIBIT "B"
MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) AGREEMENT
Prepared by: Sara Geier,. City Clerk
City o1' Edgewater
04
1 N. Riverside Drive
Edgewater, FL .32132
MIXED USE PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
SERVES UP
THIS AGREEMENT is made and entered into this day of
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, DMG 104, I -LC, whose mailing address is 1901 Lisntore Court, New
Smyrna Beach, FL 32168 (herein after referred to as " Developer"). 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 3.9t acres located at 2945 W Park
Avenue, in Edgewater, Volusia County, Florida. The legal description of the property is attached
hereto as Exhibit "A" - Legal Description. The record owner of the subject property is DMG
104, LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty (30) years and run with the land. The
Developer shall commence construction in accordance with the Conceptual Plan (Exhibit "B")
within twenty-four (24) months of the effective date of this Agreement. Developer must receive
site plan approval form the City prior to commencing construction. Developer's failure to initiate
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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 land clearing and
site preparation activities. In addition, commencement also means to begin performing onsite
modification, 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. 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) and Comprehensive Plan.
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.
a. Floor to Area
The maximum allowable square footage under the Industrial Future Land Use Designation.
is 84,506 square feet. This agreement shall limit building coverage inclusive of recreational
facilities and courts to 50,750 square feet.
b. Development Uses Permitted
Coffee Shop/Smoothie Shop
Bakery
Deli
Bicycle rental, repair, and sales
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Brewery
Restaurant
Food Trucks
Pickleball Indoor and Outdoor
Recreational Facilities and Services
Personal Services Facilities
Health/Fitness Facilities
Retail General (limited to a maximum of 4,000 square feet under air)
Short Term Rental Cottages
c. Development Uses Conditional
Uses not listed above are considered conditional and are subject to review and approval
from the Technical Review Committee based on usage type, intensity, and compatibility with the
vision of activating the trail system without amending this MUPUD.
d. Outdoor Uses Prohibited
Outdoor storage of goods and property shall be prohibited, except bicycles in designated
areas.
e. Short Term Rental Cottages
Short Term Rental Cottages for the purposes of this agreement shall mean a commercial business
that charges a fee to occupy a dwelling for a singular night. The Short Term Rental Cottages shall
not be allowed to have patrons spend more than two nights per week. The intent of the Short Term
Rental Cottages is to encourage active use of the trail system by allowing overnight stays for those
traveling on the St Johns River -to -Sea Loop. The Short Term Rental Cottages are not intended to
be dwelling units in the sense of an apartment. As such, Short Term Rental Cottages shall be
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prohibited from having a hot plate, range and oven. Short Term Rental Cottages shall be permitted
to be constructed as detached units. Short Term Rental Cottages shall be a minimum of two hundred
and eighty (280) square feet and have the following fixtures, appliances, or device:
• Bathroom Sink
• Toilet
• Washer and Dryer
• Kitchen Sink
• Microwave
• Mini Fridge
• Bike Rack
• Key Coded Door Lock
Short Term Rental Cottages shall be design in a manner to create a retreat or an oasis. Short Term
Rental Cottages shall have the entry door from the side of the structure. Each Short Term Rental
Cottage shall provide a six foot wooden fence to create a twelve (12) foot wide entry courtyard.
Access to each unit shall be provided by decorative rock, stepping stones, or deck. Each Short
Term Rental Cottage unit shall be required to provide a minimum of one (1) canopy tree, two (2)
understory trees, and ten (10) shrubs. The landscaping shall be placed in a manner to help accent
each entrance path, courtyard, and to provide buffers from adjacent units. Short Term Rental
Cottages shall be exempt from the native plant species requirement for the shrubs.
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Figure 1: Example of'Sicle Locrclecl.Short Term Rental Cottage with a Counyurtl
f. Minimum Site Development Standards
Front building setback: (W Park Avenue): 20 feet
Rear: (North abutting Trail) building setback: 50 feet
Side: (West) building setback: 50 feet
Side Corner: (Air Park Road) building setback: 50 feet
Maximum Height:
40 feet
Maximum Building Coverage: 30%
Maximum Impervious Coverage: 75%
Minimum Open Space: 25%
g. Landscape Buffers
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1. Canopy trees shall be defined as a tree with a caliper of 2.5"". twelve (12) feet in height at the
Lime of planting and shall grow to a minimum of twenty -live (25) feet in height and fifteen
(15) feet in width. Understory trees shall be defined as a tree with a caliper of 15% eight (8)
feet in height at the time of planting and shall grow to a minimum of fifteen (15) feet in height
and ten (10) feet in width. Vining plants shall be defined as a ten (I5) gallon plants with a
minimum height of five (5) feet in height at the time of planting. Every vining plant shall be
provided a structure such as a fence or a trellis. Shrubs shall be defined as three (3) gallon
plants with a minimum height of eighteen (18) inches at the time of planting. A minimum of
100% of the required plantings in this landscape btlf'fe[' shall be native vegetation as defined
by the University of Florida Institute of Food and Agricultural Sciences. To maintain a
natural look, trees and shrubs shall be placed in an organic or curvilinear manner Linear
arrangements are prohibited.
2. Rear (North): None.
3. Front (W Park Avenue.): In general, the minimum landscape buffer shall be fifteen (15') in
width and consist of one (I ) canopy tree per fifty (50') linear Feet with one (I ) understory
trees per thirty linear feet (30'), and forty (40) shrubs per one hundred (100) lineal feet. The
area specifically in front of the covered pickleball courts shall have an additional planting
requirement of one (l) vining plant every thirty (30) feet. Modifications to the front
landscape buffer shall be permitted to allow flexibility in the placement of canopy and
understory trees in relation to the two proposed wall signs on the covered pickleball canopy.
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Furore 2: Iliswil Repre.senlulion ofFr•ont Landscape Bgffer
4. Side (West): Few remaining trees exist in this western portion of the site. The applicant is
proposing to place a wet detention pond in this western area. The applicant shall be required
to plant one (1) canopy tree for every one hundred (100) linear feet ol'said pond area at top
of bank and shall be required to create a 500 square foot littoral shelf adjacent to the pond
outfall. Said 500 square foot littoral shelf shall be planted with a minimum of fifty (50)
wetland plants and a minimum of ten (10) aquatic plant species.
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Flgw-e 3.' Example ql Littoral Planling Gzticle
5. Side Corner (Air Park Road): Minimum landscape buffer shall be a minimum of ten (10') in
width and consist of one (I) canopy tree per fifty (50') linear feet with ogle (1) understory
trees per thirty linear feet (30'), and thirty (30) shrubs per one hundred (100) lineal feet.
h. Parkin -
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Four (4) parking spaces are required per recreational court. One (1) parking space is required
for every four hundred (400) square feet for all other uses. Fifteen (15) bicycle rack parking spaces
shall be provided in phase 1. An additional fifteen (15) bicycle rack spaces shall be provided in
phase 2. Ten (10%) percent of the total required parking may be converted to golf cart or
motorcycle parking. Golf cart parking shall be a minimum of six (6) feet in width and sixteen (16)
feet in length. Motorcycle parking shall be a minimum of four (4) feet wide and eight (8) feet in
length. The owner shall require each lessee or owner to apply for a Certificate of Use with the
number of parking spaces required for the said business. Current owner, lessee, or future owners
understand parking will be calculated based upon the above referenced parking ratios. In the event
more parking spaces are used per unit, the Current Owner, and all future owners understand that
the uses may be restricted based upon available and allocated parking regardless of the approved
uses in Section 3b and 3c of this agreement. All other parking requirements shall meet the Land
Development Code.
i. Trees and Environment
Due to the agricultural exemption and the significant harvesting of timber onsite, the City
shall not require the minimum tree preservation area set forth in the Land Development Code.
The applicant shall provide a minimum of one (1) tree per every 2,500 square feet of lot area. A
minimum of twenty-five (25%) of the site shall be designated for open space. Open Space shall
be inclusive of water retention and detention ponds, landscape buffers, and tree islands.
j. Landscaping and Irrigation
Landscaping, buffer yard specifications, and irrigation plans for common areas must be
submitted at site plan. Common areas and the entrance area shall be irrigated. All irrigation must
comply with all Volusia County Water Wise Landscape Irrigation Standards.
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k. Design Elements
A protected twelve (12') foot bike lane with P type curb shall be constructed within the
right of way of Air Park Road from the River to Sea Bike `frail to the intersection of Air
Park Road and W Park Avenue. The right-of-way improvements identified above should
be designed utilizing the National Association of City Transportation Officials'
(NACTO) Urban Bikeway Design Guide (2025), and the City of Edgewater's
Development Services.
Figitre -l: Fcunzples Ufa Protected Bike Lane.
• A six (6') foot wide pedestrian walkway shall be provided, adjacent to all buildings and
the parking area.
• All outdoor dining establishments such as restaurants. cafe, brewery, coffee shop, etc.
shall secure the outdoor dining area with patron seating with a four (4') foot high
decorative fence. Decorative fence shall mean a permanent or temporary structure not
intended or designed to enclosure or screen, but rather to decorate, accent, or frame a
feature of the built environment. The decorative fence shall have a four (4) foot planting
strip adjacent with a minimum of one (1) shrub every ten (10) feet.
• One (I) six (5') foot length bench shall be provided per recreational court.
• One (I ) water fountain shall be provided for every four- (4) courts.
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• A six (6) to ten (10) foot coated chain-link fence with a black or dark green colored wind
curtain shall be placed immediately adjacent to the landscape buffer and the covered
courts.
1. Fa&ade
The covered pickleball courts shall be permitted to be constructed of metal, steel, or aluminum.
Earthen style materials shall be included in the design for the siding on all other structures that
face W Park Avenue and Air Park Road. Earthen style materials are defined as visually represent
wood or stone. Architectural elevations shall be required with site plan submittal.
in. Lighting
A photometric plan shall be submitted with every site plan demonstrating 0.1 Footcandles
at all property boundaries. All lighting except permitted up -lighting shall adhere to the principles
of dark sky lighting. All internal streetlights and lights on structures shall be directed downward
and not outward. Up lighting shall be permitted on the corners of the front facade of the covered
pickleball courts.
n. Waste Disposal
One dumpster location shall be provided on the initial site plan. City staff reserve the right
upon the submittal of a site plan for phase two to require an additional dumpster depending on the
actual uses. Dumpster enclosures shall meet the requirements of the Land Development code found
within Article III, Section 21-34.05.
o. Entrance to Development
Two (2) entrances, per Exhibit `B" Conceptual Plan, shall be permitted for accessing the
development. One access point will be from Air Park Drive as far north as possible on the property
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from the Air Park and W Park intersection. The second entrance shall be on W Park Avenue and
shall align with the curb cut found on parcel 734408000146.
p. Signage
Wall Signs
Four (4) wall signs shall be permitted on the mixed use building composed of a multi-purpose
room, coffee shop, and check-in/drop zone for Serves up pickleball. Three (3) of the wall signs
shall be permitted directly above the entry way of each unit. Each individual wall sign shall not
exceed thirty-two (32) square feet. One (1) wall sign shall be permitted on the mixed use building
not to exceed eighty (80) square feet.
Two (2) wall signs shall be on either end of the canopy for the covered pickleball courts. The wall
signs shall be allowed to visual represent the name of the business, "Serves Up". Each wall sign
shall not exceed eighty (120) square feet.
Phase 2 commercial shall adhere to the requirements in the Land Development Code. Should the
developer pursue the option for the Short Term Rental Cottages, then one (1) wall sign not to
exceed eight (8) square feet may be place above each unit's doorway.
Monument Sign
One (1) multitenant monument sign shall be allowed for the entire site. The multitenant sign shall
not exceed ten (10) feet in height and one hundred and twenty (120) square feet. The height of the
ground sign shall be measured from the finished floor elevation of the sign. The sign area shall be
calculated inclusive of the entire sign.
Internal Pole Signs
Pole signs shall be allowed internally to the site to assist with wayfinding and to display general
public information such as handicap stalls. Pole signs shall not exceed six (6) square feet and shall
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be no taller than seven (7) feet in height. Pole signs shall be measured from the finished floor of
the sign at the foundation to the top of the sign. The square footage of the sign shall only be
calculated from the sign frame.
External Pole Signs
In coordination with the City of Edgewater, the developer and the City shall design a uniform trail
sign. The trail signs shall be placed in three locations. The applicant shall split the initial upfront
cost of three pole signs on the River to Sea Bike Trail. The City shall install along the River to Sea
Trail two (2) pole signs with a six (6) feet by four (4) foot map of the Coast to Coast Trail and
Saint Johns River to Sea Loop.
Temporary Signs
Temporary signs including free standing banners, feather flags, portable signs, or snipe signs shall
be prohibited. Park Avenue serves as a major corridor for vehicles. Increases to the size and
quantity of permanent signs has been increased to enable sufficient advertising without the use of
temporary signs within the MUPUD agreement.
Mailboxes
Developer agrees to request approval from the Unites States Postal Service for the use of a
Centralized Mail Delivery System(s) with lighted pull -off area if additional tenants are added to
the development.
q. Easements and Right -of -Way Dedication
A fifty (50') foot by fifty (50') foot triangle area in the southeast corner at the intersection
of Air Park Road and West Park Avenue shall be quit claim deeded to the City prior to the issuance
of a Certificate of Occupancy for the purpose of right-of-way improvements.
4. FUTURE LAND USE AND ZONING DESIGNATION
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The Future Land Use designation is Industrial and the zoning designation is MUPUD (Mixed
Use Planned Unit Development) as defined in the City Land Development Code. The City of
Edgewater's permitted uses for MUPUD (Mixed Use Planned Unit Development) are applicable
to the development of the property and are consistent with the adopted Comprehensive Plan/Future
Land Use Map.
5. PUBLIC FACILITIES
All utility services shall be underground.
All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
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. Developer agrees to connect to
and utilize the City's water distribution system at nearest point of connection. All
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 Certificate of Occupancy. 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.
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b. Sewage Collection and Transmission System. Developer agrees to connect to and
utilize the City's wastewater transmission and collection system. All wastewater
collection and transmission system improvements will be installed by the
Developer prior to or at the time of Certificate of Occupancy. 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) or dedicated association. 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.
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, potable
water, 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 reclaim is provided to the area the development must
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covert irrigation systems to the reclaim water system within 180 days of written
notice by the City to the Developer. The City encourages the use of the water
retention pond to irrigate the site in lieu of digging an irrigation well.
e. 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.
6. 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.
i. Multi -Modal Impact Fee Credits shall be credited on a dollar for dollar
basis for the bike path extension within the right-of-way on Air Park
Road.
b. Volusia County Road and School Impact fees (if deemed applicable by the
Volusia County School District) shall be paid to County by applicant with proof
of payment provided to the City prior to a Building Certificate of Occupancy.
7. 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.
8. PERMITS REQUIRED
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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— Site PIan 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 site plan related to the development, including recording fees.
10. 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.
11. 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.
12. 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
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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.
13. 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.
14. 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.
15. 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.
16. 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
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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.
17. APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
18. TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
19. 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.
20. 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.
21. 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 perfonnance.
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22. 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.
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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:
Sara Ge'ger
City Cler-
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CITY COUNCIL OF THE
CITY OF EDGEW T , , FLORIllA
By: d f
Diezel Depew
Mayor
WITNESSES:
Printed Name:
Address:JO-1 N r'11 V i�e'a r rt
Printed Name:
Address: 1C S.sve 5�r fir.
E-45cwt P L' '-A 1 x-11
STATE OF FLORIDA
COUNTY OF VOLUSIA
Instrument #2026021463 #25 Book:8811 Pagel 132
Enter Developer/Company Name.
DMG, LLC.
1901 IJSMORE COURT, NSB, FL 32168
The foregoing instrument was acknowledged before me by means of physical presence or ❑ online
notarization, this day of � ()ck-e �.r , 20 , by:b� j ireJ, b�-
"' . 1) ILENA L
NOTARY PUBLIC Conon 0 HH 347992
•: r° F�x*m % 2027
(Signature of Notary Public - State of Florida) �*.^°
❑Personally Known OR1Produced Identification
Type of Identification Produced L cz, -�') - c) I -()()CD " C)
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Instrument #2026021463 #26 Book:8811 Pagel 133
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
That portion of U.S. Lot 4, Section 31, Township 17 South, Range 34 East, lying Southerly of
the F.E.C. Railway Branchline Northerly of Park Avenue, a 60 foot County Road and Westerly
of Airpark Road, a County Road, and less and except any portion of the property conveyed to the
County of Volusia in Special Warranty Deed recorded in Official Records Book 7562, Page
3974. Lying and being in Volusia County, Florida.
PARCEL 2:
That portion of Lot 14 of the SUBDIVISION OF THE SOUTH THIRD OF THE AMBROSE
HULL GRANT, per Map Book 5, page 54, Public Records of Volusia County, Florida, lying
Southerly of the F.E.C. Railway Branchline and Northerly of Park Avenue, a 60 foot County
Road, excluding that part described in a certain Deed recorded in Official Records Book 1763,
Page 1645, and also excluding any portion of the property conveyed to the County of
Volusia in Special Warranty Deed recorded in Official Records Book 7562, Page 3974, Public
Records of Volusia County, Florida.
PLAT OF BOUNDARY SURVEY OF
That portion of U.S. Lots 3 and 4, Section 31, Township 17 South, Range 34 East, Volusia County,
Florida, lying Southerly of the Florida East Coast Railway (Edgewater Cutoff), lying Northerly of
West Park Avenue (County Road 4136) and lying Westerly of "Air Park Road", an 80 -foot right of
way as now laid out AND that portion of Lot 13, SOUTH 113 OF THE AMBROSE HULL GRANT,
according to the map or plat thereof, as recorded in Map Book 4, Page 199, of the Public Records
of Volusia County, Florida, lying Southerly of the Florida East Coast Railway (Edgewater Cutoff),
lying Northerly of West Park Avenue (County Road 4136), lying Easterly of lands described in
Special Warranty Deed, recorded in Official Records Book 1611, Page 422, of the Public Records
of Volusia County, Florida and lying Easterly of lands described in Special Warranty Deed,
recorded in Official Records Book 1763, Page 1645, of the Public Records of Volusia County,
Florida, all being more particularly described as follows: For a Point of Beginning, commence at
the intersection of the Westerly right of way of said "Air Park Road" and the Northerly right of way
of West Park Avenue (County Road 4136); thence South 671 12' 42" West, along the Northerly
right of way of West Park Avenue (County Road 4136), a distance of 916.61 feet to the Easterly
line of said lands described in Official Records Book 1763, Page 1645; thence North 20° 16' 31"
West, along said Easterly line of lands described in Official Records Book 1763, Page 1645, and
along the easterly line of said lands described in Official Records Book 1611, Page 422, a distance
of 188.87 feet to the Southerly right of way of the Florida East Coast Railway (Edgewater Cutoff);
thence North 670 53' 21" East, along the Southerly right of way of the Florida East Coast Railway
(Edgewater Cutoff), distance of 933.82 feet to the Westerly right of way of said "Air Park Road";
thence South 120 54' 31" East, along the Westerly right of way of said "Air Park Road, a distance
of 115.87 feet to a point of curvature; thence along the Westerly right of way of said "Air Park
Road and 44.43 feet along the arc of a curve to the left, said curve having a radius of 340.00 feet,
a central angle of 070 29' 13" and a chord of 44.40 feet which bears South 160 39' 08" East to a
point of tangency; thence South 200 23'44" East, along the Westerly right of way of said "Air Park
Road", a distance of 19.37 feet to the Point of Beginning. Containing 3.88 acres, more or less.
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