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03-08-2017Ci'5' ar �� GE'[�VATE� City of Edgewater Meeting Agenda Planning and Zoning Board 104 N. Riverside Drive Edgewater, FL 32132 Wednesday, March 8, 2017 6:30 PM Council Chambers We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES a. Regular Meeting - February 8, 2017 Attachments: Minutes 4. OLD BUSINESS -PUBLIC HEARING None at this time 5. NEW BUSINESS - PUBLIC HEARING a. RZ-1401 - Don Simms. reauestina an amendment to the Official Zonina Mal) to include 30± acres of land located south of Roberts Road and east of Indian River Elementary School as RPUD (Residential Planned Unit Development) and approval of the associated RPUD Agreement Attachments: Location Map Aerial Zoning Map RPUD Agreement Master Plan b. CPA-1701: Raiesh Ailani reauestina an amendment to the ComDrehensive Plan Future Land Use Map to include 2.57± acres of land located at 2010 S. Ridgewood Avenue and vacant property to the north and west as Commercial with Conservation Overlay. Attachments: Location Map Aerial Future Land Use Map City of Edgewater Page 1 Printed on 3/6/2017 Planning and Zoning Board Meeting Agenda March 8, 2017 C. RZ-1701: Raiesh Ailani reauestina an amendment to the Official Zonina Mao to include 9.09± acres of land located at west of S. Ridgewood Avenue, south of Pine Avenue, including 2010 S. Ridgewood Avenue and 2018 S. Ridgewood Avenue as BPUD (Business Planned Unit Development) and approval of the associated BPUD Agreement. Attachments: Location Map Aerial Zoning Map BPUD Agreement Conceptual Plan d. CU-1701 - Georae Hacknev. Inc.. reauestina a Conditional Use Permit to allow a medical marijuana dispensary to be located at 103 E. Boston Road. Attachments: Location Map Aerial 6. OTHER BUSINESS None at this time. 7. DISCUSSION ITEMS a. Development Services Director's Report b. Chairman's Report c. Agency Members' Report & ADJOURN Pursuant to Chapter 286, P.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does notprepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City ClerklParalegal Robin L. Matusick, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771 One or more members of City Council or other advisory boards may be present. City of Edgewater Page 2 Printed on 3/6/2017 C il}, of -E,D GE WATER City of Edgewater Meeting Minutes Planning and Zoning Board 104 N. Riverside Drive Edgewater, FL 32132 Wednesday, February 8, 2017 6:30 PM Council Chambers 1. CALL TO ORDER 2. ROLL CALL Present 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright and Michael Eichhorn Also Present 2 - Development Services Director Darren Lear and Senior Planner Bonnie Brown 3. APPROVAL OF MINUTES a. Regular Meeting - January 11, 2017 A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to approve the Minutes of January 11, 2017. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 4. OLD BUSINESS 5. PRESENTATIONS a. Economic Development Update presented by Samantha Bishop, Econimic Development Coordinator Ms. Bishop went over the updates to the CEDS. She identified important milestones and changes to the document and answered questions from the Board. This Presentation was received and filed. 6. NEW BUSINESS - PUBLIC HEARING a. VA-1623 - Susan Gillisse requesting a variance from Section 21-36.02(k) from the Land Development Code for property located at 3032 India Palm Drive. Mr. Lear provided background information on the request and staffs recommendation. Chairman Card opened the public hearing. As there were no comments regarding the request, Chairman Card closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. McIntosh, to approve the variance request to allow two (2) sheds, less than 120-square feet each, to be located three -feet (3') from the rear property line located at 3032India Palm Drive. The City of Edgewater Page 1 Printed on 212812017 Planning and Zoning Board Meeting Minutes MOTION was APPROVED by the following vote: February 8, 2017 Yes: 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn b. VA-1701 - Clayton Smeltz, requesting a variance from Section 21-50.02 of the Land Development Code for property located at 2005 12th Street. Mr. Lear provided background information and staffs recommendation. Chairman Card opened the public hearing. Chairman Card asked if the owner of the taxiway to the rear was notified of the request. Mr. Lear stated it was owned by Massey and as an adjacent property owner they were notified. Cathryn Miller, 2101 12th Street, spoke in favor of the request. There being no further discusssion Chairman Card closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to approve the variance request to allow an addition to be constructed five -feet (5) from the rear property line and to allow a maximum building coverage of 41% for property located at 2005 12th Street. The MOTION was APPROVED by the following vote: Yes: 7 - George Kennedy, Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael Eichhorn 7. OTHER BUSINESS None at this time. 8. DISCUSSION ITEMS a. Development Services Director's Report Mr. Lear advised the Board that Florida Roadhouse received their Certificate of Occupancy; and reminded the Board members of the Special Meeting scheduled for February 22. b. Chairman's Report Chairman Card stated he would let Mr. Barlow know he appreciates Mr. Lear providing the quarterly reports to them and the CED's presentation by Ms. Bishop. c. Agency Members' Report Mr. McIntosh reminded the Board that the Business Expo is March 18th on Park Avenue from 10:00 am to 4: 00 pm. F-IMA Pirelli 901 There being no further business, the meeting adjourned at 7: 09 p.m. Minutes Respectfully Submitted By: Bonnie Brown, Senior Planner City of Edgewater Page 2 Printed on 212812017 04 N. Riverside Drive IF City of Edgewater Edgewater, FL 321321 $ Legislation Text File #: RZ-1407, Version: 1 ITEM DESCRIPTION: RZ-1401 - Don Simms, requesting an amendment to the Official Zoning Map to include 30f acres of land located south of Roberts Road and east of Indian River Elementary School as RPUD (Residential Planned Unit Development) and approval of the associated RPUD Agreement OWNER: Woodbridge Lakes at Edgewater, LC REQUESTED ACTION: Zoning Map Amendment to include property as RPUD (Residential Planned Unit Development) and approval of the associated RPUD Agreement LOCATION: South of Roberts Road and east of Indian River Elementary School AREA: 30f acres PROPOSED USE: Single -Family Residential Subdivision CURRENT LAND USE: Vacant FLUM DESIGNATION: Medium Density Residential with Conservation Overlay ZONING DISTRICT: R-4 (Multi -Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FL UM Designation ZoningDistrict North Meadow Lakes Subdivision Medium Density Residential R-4 (Multi -Family Residential) East San Remo Subdivision Medium Density Residential with Conservation Overlay RPUD (Residential Planned Unit Development) South Vacant County Urban Low Intensity County R-3 (Urban Single Family Residential) West Indian River Elementary School Public/Semi-Public PSP (Public/Semi-Public) Background: The subject property contains 30± acres of vacant land. The applicant is proposing a 103-unit single family residential subdivision. Each lot is proposed to be 50' x 115' and to be developed in four (4) phases. Prior to final plat, all infrastructure will be required to be constructed and accepted by the City. The preliminary plat and final plat will come before the P&Z Board and City council at a later date. Adjacent property owners were notified of the request on February 24, 2017; staff has not received any objections. Land Use Compatibility: The proposed residential use is compatible with the surrounding area. Adequate Public Facilities: The development will have access via Roberts Road; all infrastructure, including but not City of Edgewater Page 1 of 2 Printed on 3/6/2017 powered by LegistarTM File #: RZ-1407, Version: 1 limited to, roads, water, sewer and stormwater will be constructed prior to final plat approval. Comprehensive Plan Consistency: The proposed RPUD zoning designation is compatible with the Medium Density Residential Future Land Use designation. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include 30f acres of land located south of Roberts Road and east of Indian River Elementary School as RPUD and approval of the associated RPUD Agreement. City of Edgewater Page 2 of 2 Printed on 3/6/2017 powered by LegistarTM A 28TH ST G Z 4� MEADOW LAKE DR t a A (P O GE Cr m� 0 �G ROBERTS RD \ y Z O 0 'Z O 9� f O� O i EDGE WATER GOO ay 0� L ®Subject Property J Dr. oare:vzarzon OPMSRO / P 6 pr� ---------------- 1 � �, ,„ ,, , THIS INSTRUMENT PREPARED BY: CITY OF EDGEWATER P.O. Box 100 Edgewater, FL 32132-0100 AFTER RECORDING RETURN TO: Robin L. Matusick, City Clerk/Paralegal LEGAL DEPARTMENT CITY OF EDGEWATER P.O. Box 100 Edgewater, FL 32132-0100 For Recording Purposes Only PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT WOODBRIDGE LAKES AT EDGEWATER, L.0 THIS AGREEMENT is made and entered into this day of , 2017 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, WOODBRIDGE LAKES AT EDGEWATER, L.C., a Florida limited liability company, whose address is 2825 Business Center Boulevard, Suite C-1, Melbourne, Florida 32940 (herein after referred to as "Landowner and/or 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 30± acres west of US Highway 1 and south of Roberts Road, 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 Woodbridge Lakes at Edgewater, L.C. Woodbridge Lakes at Edgewater 1 RPUD Agreement 02-10-17 2. DURATION OF AGREEMENT The duration of this Agreement shall be thirty (30) years and run with the land. The Landowner and/or Developer shall commence construction of Woodbridge Lakes at Edgewater as defined by the Master Plan, dated January 17, 2014 (Exhibit "B") within twenty-four (24) months of the effective date of this Agreement. The agreement may be extended by mutual consent of the governing body and the Landowner and/or Developer, subject to a public hearing. Development of Woodbridge Lakes at Edgewater is to be developed in four phases consisting of 103 lots and commencement of development of phase one to take place within twenty-four (24) months of the effective date of this Agreement.. Development must also incorporate a preliminary plat which must be approved by the Planning and Zoning Board and City Council prior to commencement of any authorized work. Commencement of construction 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. Land clearing and site preparation activities related to this construction are not included herein; however, before undertaking land clearing activities, other permits for stormwater discharges from the site may be required. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 3. DEVELOPMENT STANDARDS Development of this Property is subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code (LDC) as of the date of this Agreement. The Property shall be developed consistent with the Woodbridge Lakes at Woodbridge Lakes at Edgewater 2 RPUD Agreement 02-10-17 Edgewater, L.C. Master Plan dated January 17, 2014 (Exhibit "B"). 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. Average Lot Size Unit Count Woodbridge Lakes at Edgewater, L.C. shall not exceed a total of 103 single-family dwelling units. The 103 single-family lots are planned to be 50' x 115' or greater. Based on Final Subdivision Plan approval, the total number of units may vary but the maximum residential units allowed for Woodbridge Lakes at Edgewater, L.C. shall not exceed eight (8) gross dwelling units per total acreage or a total of 103 units. Phase 1 — 25 units Phase II — 27 units Phase III — 25 units Phase IV — 26 units No lot will exceed a maximum building coverage of 30% with a maximum impervious coverage of 60% per lot. Minimum Lot Size Area 5,750 square feet. Width — 50-feet Depth — I I5-feet b. Minimum House Square Footage The minimum gross house square footage shall be at least 1,200 square feet living area under air, with a minimum of a two car garage. Carports will not be permitted. Woodbridge Lakes at Edgewater 3 RPUD Agreement 02-10-17 c. Minimum Yard Size and Setbacks Front -20' Rear- 15' Side-5' Side Comer - 15' Maximum Height - 35' Swimming Pools -Rear 5' from property line to pool deck edge -Side 5' from property line to pool deck edge d. Roads Roads within Woodbridge Lakes at Edgewater, L.C. will have a minimum right-of-way of fifty -feet (50') with twenty feet (20') of pavement and constructed pursuant to the City's Standard Details. Utilities shall be dedicated to the City of Edgewater. Said roads shall be dedicated to the public subsequent to final City inspection and by a final plat. e. Stormwater Management The retention 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 Homeowners Association of Woodbridge Lakes at Edgewater, Inc. The on -site 100-year flood elevation shall be established to the satisfaction of the City Engineer. f. Sig_nage Signage will be located along the main entrance road not within the right-of-way of Roberts Road and shall meet the current city of Edgewater Land Development Code. All future responsibility of maintenance will be that of the Homeowners Association of Woodbridge Lakes at Edgewater, Inc. Woodbridge Lakes at Edgewater 4 RPUD Agreement 02-10-17 g. Trees There shall be a minimum of four (4) trees per each single-family home building lot. Trees shall be 2-1/2" in diameter, measured 6" above the soil line and shall be of the variety allowed by the City of Edgewater. Landscaping for single family use shall comply with the current LDC. h. Entrance to Subdivision One (1) entrance, per master plan, shall be permitted for accessing the development from Roberts Road. i. Model Homes and Temporary Offices Lots 43 and 44 shall be designated for use as potential model home or temporary sales office lots. A model home may be used as a sales office from the time the plat is recorded until such time as the last lot is developed within the subdivision. Temporary structures, such as trailers, recreational vehicles, and the like may be permitted as a temporary sales office while a model home is under construction. Such temporary office shall only be permitted for an interim period not to exceed 60-days or until completion of the first model home, whichever occurs first. Model home construction prior to plat recording 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. Woodbridge Lakes at Edgewater 5 RPUD Agreement 02-10-17 c) Permanent utility connections cannot be made until the sanitary sewer system has been completed and certified to FDEP. d) Any Sales Center shall provide handicap accessible restrooms. Additional requirements, restrictions and conditions may be imposed by the City to address specific site or project concerns. A certificate of completion issued as provided in the Standard Building Code shall be deemed to authorize limited occupancy of model homes. Flags or insignias which read "model", "open", "open house" or any other phrase which identifies property for real estate purposes may be displayed in the following locations and numbers. The maximum height of such flags shall be eight feet (8') with a maximum size of fifteen (15) square feet. The number of flags shall not exceed four (4) and shall be permitted on private/common property and prohibited in the right of way area and site triangle area as outlined in the Land Development Code, Section 21-38.03. 4. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS The Declaration of Covenants, Conditions and Restrictions: Articles of Incorporation and By -Laws for the HOA will be recorded in the public records of Volusia County at the time the Final Plat for Woodbridge Lakes at Edgewater is recorded. 5. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Woodbridge Lakes at Edgewater, L.C. is Medium Density Residential with Conservation Overlay. The zoning designation for Woodbridge Lakes at Edgewater, L.C. shall be RPUD (Residential Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for RPUD (Residential Planned Unit Development) are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. Woodbridge Lakes at Edgewater 6 RPUD Agreement 02-10-17 6. PUBLIC FACILITIES a. Landowner and/or Developer agrees to connect to and utilize the City's water distribution system. Landowner and/or Developer agrees to connect to the City's potable water system at nearest point of connection. All water main distribution system improvements will be installed by the Landowner and/or Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at time of platting. b. Landowner and/or 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 Landowner and/or Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting. C. All utility services shall be underground. d. Off -site improvements are the Landowner and/or Developer's responsibility and shall be required at the time of Final Plat approval and City inspection approval and shall meet all City, County and/or State requirements and approval. e. Reservations fees for Water and Sewer based on 10% percentage deposit will be paid based on each phase development. All other applicable impact fees including balance of sewer and water reservation fees will be paid at time of building permit application by the individual builder. In the event of an increase in impact fees, the difference between the new impact fees and the deposit will be due with the building permit submittal. f. Landowner and/or Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review, construction inspection and the Woodbridge Lakes at Edgewater 7 RPUD Agreement 02-10-17 construction of required infrastructure improvements and the review and approval of the final plat related to the development pursuant to a schedule to be agreed to by the Landowner and/or Developer and City Manager. g. Impact fees for each dwelling unit will be paid in accordance with the following schedule: Water - Pay 100% of the applicable impact fees to the city by applicant at the time the applicable permit application is signed by the city, thereby reserving requisite water capacity. A minimum water charge shall be applied to each E.R.U. reserved and not connected within one (I) year. Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time the applicable permit application is signed by the city, thereby reserving requisite sewer capacity. A minimum sewer charge shall be applied to each E.R.U. reserved and not connected within one (1) year. Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit application. Roads - Paid to City by applicant at the time of Building Permit Application. Volusia County Impact fees for Roads and Schools (if deemed applicable by the Volusia County School District) - Paid prior to a Building Certificate of Occupancy. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. h. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. Woodbridge Lakes at Edgewater 8 RPUD Agreement 02-10-17 i. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. j. The Landowner and/or Developer, at the time of development shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system, including outfall system. 4. Piping for future reclaimed service 5. Provide all required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. 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. Landowner and/or Developer is responsible for costs of recording the plat upon approval by the City of Edgewater. 7. Bonds - A Performance Bond or other acceptable financial instrument, such as a Letter of Credit may be accepted by the City and shall be 110% of the costs of all remaining required improvements. A Maintenance Bond equal to 10% of the cost of the infrastructure improvements shall be provided to the city prior to recording the Final Plat. The Maintenance Bond shall be in effect for a two (2) year period from the date of completion of the public facilities. 8. A Four -foot (4') public sidewalks to be installed by Landowner and/or Developer on all common areas within the development and an eight -foot (8) sidewalk along Roberts Road at the entire northern perimeter of the project property and four -foot Woodbridge Lakes at Edgewater 9 RPUD Agreement 02-10-17 (4') sidewalks to be installed by individual builders prior to issuance of Certificate of Occupancy by the City of Edgewater. Sidewalks along common areas 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 of $10.00 per lineal foot for two (2) years. If sidewalks are not completed within two (2) years, the Developer will install the remaining sidewalks 9. Recreation facilities Four (4) recreation areas will be provided to serve the residents. Any physical improvements to the open space recreational area will be the responsibility of the home owner's association Tract A — 3.41± acres to include a lake and fishing dock Tract B — 2.45± acres to include bird feeder, park bench and picnic table Tract C — 2.86± acres to include bird feeders and picnic table Tract D - .97± acres to include lake and fishing dock 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. Woodbridge Lakes at Edgewater 10 RPUD Agreement 02-10-17 8. DEDICATION OF LAND FOR PUBLIC PURPOSES The Landowner and/or Developer shall convey to the City of Edgewater, by warranty deed and title insurance free and clear of all liens and encumbrances at plat dedication, all roadway right-of-way and utility easements as required. 9. PERMITS REQUIRED The Landowner and/or 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 - Rezoning, Subdivision Plat Approval, Subdivision Construction Plan Approval, all applicable clearing, removal, construction and building permit. 3. 100-year flood elevation for this site will be determined and approved by the City and FEMA. 10. DEVELOPMENT REQUIREMENTS The Landowner and/or Developer shall establish a mandatory Homeowners Association for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The HOA documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By -Laws shall be reviewed and approved by the City prior to final plat approval. The mandatory HOA will also be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption and the maintenance of stormwater areas within the common area tracts, as Woodbridge Lakes at Edgewater 11 RPUD Agreement 02-10-17 depicted on the plat. Streetlights shall be installed by the Landowner and/or Developer prior to issuance of the Certificate of Occupancy on the first dwelling unit. Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Landowner and/or 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 Landowner and/or 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 Landowner and/or Developer is aggrieved by any City official interpreting the terms of this Agreement, the Landowner and/or Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 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. Woodbridge Lakes at Edgewater 12 RPUD Agreement 02-10-17 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 Landowner and/or 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 Landowner and/or 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 Landowner and/or Developer in writing of Landowner and/or Developer's failure to materially comply with the terms of this Agreement and Landowner and/or Developer fails to cure such breach after receiving written notice and a reasonable opportunity to cure such breach from the City. Woodbridge Lakes at Edgewater 13 RPUD Agreement 02-10-17 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 Landowner and/or Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 22. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any Woodbridge Lakes at Edgewater 14 RPUD Agreement 02-10-17 terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 23. 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. 24. 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. 25. 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. ATTEST: Robin L. Matusick, City Clerk/Paralegal Woodbridge Lakes at Edgewater 15 RPUD Agreement 02-10-17 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA LOIN Michael Ignasiak, Mayor Witnessed by: STATE OF FLORIDA COUNTY OF WOODBRIDGE EDGEWATER Corporation LISA LAKES LC, a Donald L. Simms, Managing Partner AT Florida The foregoing instrument was acknowledged before me on this day of 2017, by , who is personally known to me or has produced Notary Public Stamp/Seal as identification and who did (did not) take an oath. Woodbridge Lakes at Edgewater 16 RPUD Agreement 02-10-17 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. Lot 17 Edgewater Country Estates MB 11 PG247PEROR4341 PG 3731 PER OR 5552 PG 4650- 4652 Lot 18 Edgewater Country Estates MB 11 PG247PEROR4341 PG 3731 PER OR 5552 PG 4650- 4652 Lot 19 Edgewater Country Estates MB 11PG247 PER OR 4341 PG 3731 PER OR 5552 PG 4650-4652 Containing 30± acres more or less and being in Volusia County, Florida. Woodbridge Lakes at Edgewater 17 RPUD Agreement 02-10-17 H w a a` -�z r V E C Ll CC _ w WOO¢ O w7 Via, ro o�E-��©� O ¢ f Q N W W � c j a y ac vwm �TB ' 2 n - c w RE O a m W n 'd m a m V W y o U a A6 T F rc 0) - Qom f e©O I � 2 f� w w LA. 1 � QO O Q I � 2 V LLl vl Ld a+ - I a v O ¢ LIZ m O 1 ro a► x C© ® L n 0 II Z v F- LLIa- W d m I.L m O 8 u�mus QUQ Z W � �T K0 08 Zo 0 w 4 R U O Q �OL 49 City of Edgewater Legislation Text File #: CPA-1701, Version: 1 104 N. Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: CPA-1701: Rajesh Ailani requesting an amendment to the Comprehensive Plan Future Land Use Map to include 2.57± acres of land located at 2010 S. Ridgewood Avenue and vacant property to the north and west as Commercial with Conservation Overlay. OWNER: Hanson and McCallister, Inc. REQUESTED ACTION: Amend the Future Land Use Map to include property as Commercial with Conservation Overlay LOCATION: 2010 S. Ridgewood Avenue and vacant property to the north and west AREA: 2.571 acres PROPOSED USE: Adult Living Facility; Memory Care Center and independent living units CURRENT LAND USE: Single family residence and vacant FLUM DESIGNATION: Medium Density Residential w/ Conservation Overlay ZONING DISTRICT: R-4 (Multi -Family Residential) VOTING DISTRICT: 3 SURROUNDING AREA: Current Land Use FLUMDesignation ZoningDistrict North Auto Parts Store Commercial B-3(Highway Commercial) East Vacant Commercial R-4 (Multi -Family Residential) / B- 3 (Highway Commercial) South Single Family Residential Medium Density Residential RPUD (Residential Planned Unit (Mariners Gate) Development) West Single Family Residential Low Density R-2 (Single -Family Residential) Residential/Medium Density Residential Background: The property consists of several parcels with a total of 9.09f acres. A portion of the property currently has a Future Land Use Designation of Commercial. The applicant is proposing to designate the remaining property as Commercial to allow for the development of an Adult Living Facility, Memory Care Center and independent living units. An amendment to the Official Zoning Map will be considered simultaneously with the Future Land Use Map amendment to amend the zoning of the entire property to BPUD (Business Planned Unit Development), which will include an Agreement that will specify the permitted development of the property. City of Edgewater Page 1 of 2 Printed on 3/6/2017 powered by LegistarTM File #: CPA-1701, Version: 1 Land Use Compatibility: The proposed use is compatible with the surrounding commercial and residential area. Adequate Public Facilities: The site has access via South Ridgewood Avenue; City water and sewer is available. Comprehensive Plan Consistency: The proposed amendment is consistent with adjacent Future Land Use designations. The Commercial Future Land Use Designation allows for up to 0.5 Floor Area Ratio. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the Future Land Use Map amendment to include 2.57± acres of land located at 2010 S. Ridgewood Avenue and vacant property to the north and west as Commercial with Conservation Overlay. 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Riverside Drive Edgewater, FL 32132 ITEM DESCRIPTION: RZ-1701: Rajesh Ailani requesting an amendment to the Official Zoning Map to include 9.09f acres of land located at west of S. Ridgewood Avenue, south of Pine Avenue, including 2010 S. Ridgewood Avenue and 2018 S. Ridgewood Avenue as BPUD (Business Planned Unit Development) and approval of the associated BPUD Agreement. OWNER: Hanson and McCallister, Inc. and George Mundell, Jr. REQUESTED ACTION: Amend the Official Zoning Map to include property as BPUD (Business Planned Unit Development) and approval of the associated BPUD Agreement. LOCATION: West of S. Ridgewood Avenue, south of Pine Avenue, including 2010 S. Ridgewood Avenue and 2018 S. Ridgewood Avenue AREA: 9.09f acres PROPOSED USE: Adult Living Facility; Memory Care Center and independent living units CURRENT LAND USE: Single family residence and vacant FLUM DESIGNATION: Commercial with Conservation Overlay and Medium Density Residential with Conservation Overlay ZONING DISTRICT: R-4 (Multi -Family Residential) & B-3 (Highway Commercial) VOTING DISTRICT: 3 Current Land Use FLUMDesignation ZoningDistrict North Auto Parts Store Commercial B-3(Highway Commercial) East Vacant Commercial R-4 (Multi -Family Residential) / B- 3 (Highway Commercial) South Single Family Residential Medium Density Residential RPUD (Residential Planned Unit (Mariners Gate) Development) West Single Family Residential Low Density R-2 (Single -Family Residential) Residential/Medium Density Residential Background: The property consists of several parcels with a total of 9.09f acres. The applicant is proposing to develop the property with a 75-bed Adult Living Facility; 23 independent living units; a memory care center and commercial outparcels. A BPUD Agreement is associated with the request which specifies the development uses and criteria. A Future Land Use Map amendment is being considered simultaneously to include 2.57± acres of the property as Commercial with Conservation Overlay. City of Edgewater Page 1 of 2 Printed on 3/6/2017 powered by LegistarTM File #: RZ-1701, Version: 1 Adjacent property owners were notified of the request on February 24, 2017; staff has not received any objections. Land Use Compatibility: The proposed use is compatible with the surrounding commercial and residential area. Adequate Public Facilities: The site has access via South Ridgewood Avenue; City water and sewer is available. Comprehensive Plan Consistency: The proposed amendment is consistent with the Future Land Use designation of Commercial with Conservation Overlay. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the Official Zoning Map amendment to include 9.09f acres of land located west of S. Ridgewood Avenue, south of Pine Avenue, including 2010 S. Ridgewood Avenue and 2018 S. Ridgewood Avenue as BPUD (Business Planned Unit Development) and approval of the associated BPUD Agreement. City of Edgewater Page 2 of 2 Printed on 3/6/2017 powered by LegistarTM IPA 9 OP 19TH ST 0D$�ON O KS\� AZALEA DR N �O G� O PINE AV OQ 9L MARINERS GATE DR EDGEWATER O TERRACE DR 0 rr z J z z w U MARINERS GATE CT rn J J } Z U � AA rn FALCON AV EDGEWATER ®Subject Property Dr. oare:vzuzon EGRET CT O 20 � ■ LL � €a€� Eu ■ ■ ■ 1■Illlllllli� w W a (7 R' Z LPG ��R g as S`dllln Mvosnl O c E a U p (D CL V _0 O Cl c a) ❑ (9 O > w W M O ❑IL N r CD M C O N 0 'iM�.Oj N QN C _ ❑ D q o V NC6 V g x o U y =E d a1 th o ❑ � � � � a i N Q w- s�aE -as' cA a co a m a NO SN3NINVIN IVNiN33 a A 111011110W ^� s ZCL S O J-,gm=€ab�EB O O ❑ 2 otp d . Z $Fap s O aEl.a s O� ■ Q P➢�� - O O � ■ ■ ■ ` 1■Illlllllli� _1r U U Q -F d � E E Q' U ��� Z P,G � ba Sb llln ANb osm. N O oCD = a O c w w M C m ❑ :7 N O 06 W W O � M � CO N O C 00 O 'a c d v O R C �No N E Q O O >, m ono ,.U. ❑ 0 00 O U w a1 a) M LCD ids-wa �� CO a coHH a NO SN3NINVW IVNIN33 z_ w �o- °' w a 4_� ��0�1111®11� X 0 w o 0 THIS INSTRUMENT PREPARED BY: CITY OF EDGEWATER P.O. Box 100 Edgewater, FL 32132-0100 AFTER RECORDING RETURN TO: Robin L. Matusick, City Clerk/Paralegal LEGAL DEPARTMENT CITY OF EDGEW A TER P.O. Box 100 Edgewater, FL 32132-0100 BUSINESS PLANNED UNIT DEVELOPMENT AGREEMENT BRILLIANCE EDGEWATER ALF THIS AGREEMENT is made and entered into this day of 2017 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"), HANSON & MCCALLISTER, INC., owner, whose address is 340 Windhaven Lane, New Smyrna Beach, Florida 32168 (hereinafter referred to as "Owner") and BRILLIANCE LIVING CORPORATION, developer, whose address is 1055 North Dixie Highway, New Smyrna Beach, Florida 32168 (hereinafter referred to as "Developer" and/or "Contract Purchaser"). 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 9.09± acres located west of U.S. Highway 1 and east of Pine Avenue in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" — Legal Description. The record owners of the subject property are Hanson & McCallister, Inc., and George H. Mundell, Jr. Brilliance Edgewater ALF 1 2017-0-10 2. DURATION OF AGREEMENT The duration of this Agreement shall be thirty (30) years and run with the land. The agreement may be extended by mutual consent of the governing body and the Landowner and/or Developer, subject to a public hearing. Development must be consistent with the Brilliance Edgewater ALF Concept Plan dated February 12, 2017 attached hereto as Exhibit "B" — Conceptual Plan. Developer must receive site plan approval from the City prior to commencing construction of the Brilliance Edgewater ALF. Developer's failure to initiate construction within twenty-four (24) months of the date of this Agreement may result in the City's termination of the Agreement. Commencement of construction means to begin performing on -site 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. Land clearing and site preparation activities related to this construction are not included herein; however, before undertaking land clearing activities, other permits for stormwater discharges from the site may be required. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 3. DEVELOPMENT USES PERMITTED The Developer hereby agrees to develop the property subject to the terms of this Agreement and in accordance with the City of Edgewater's Land Development Code ("City LDC"), as described in Paragraph 2 above. The Developer further agrees that all development will be consistent with the Brilliance Edgewater ALF Concept Plan dated February 12, 2017. Brilliance Edgewater ALF shall be developed consistent with the City's development procedures Brilliance Edgewater ALF 2 2017-0-10 for an adult living facility (with independent living units) and commercial outparcels (except as amended by this Agreement). Final project approval may be subject to change based upon final environmental, permitting, and planning considerations. Said changes shall be approved by the City. Use of the property will be as follows: ADULT LIVING FACILITY / MEMORY CARE FACILITY CRITERIA Maximum Number of Units Assisted Living Facility: 75 beds Independent Living Units: 23 units Minimum Yard Side and Setbacks Front (Ridgewood Ave.): 25 ft. Rear: 20 ft. Side (North & South): 20 ft. Minimum Landscape Buffer Front (Ridgewood Ave.): 10 ft. Side (North): 20 ft. Side (South): 10 ft. A. Average Lot Size The 23 independent living units are planned to be a maximum of 800 square feet each. COMMERCIAL Minimum Yard Side and Setbacks Front: 10 ft. Rear: 25 ft. Side (North): 20 ft. Brilliance Edgewater ALF 3 2017-0-10 Side (South): 10 ft. Minimum Landscape Buffer Front (Ridgewood Ave.): 10 ft. Rear: 10 ft. Side (North): 20 ft. Side (South): 10 ft. A. Commercial Area All commercial uses shall meet the requirements of the City's LDC. Commercials area may be subdivided as long as such subdivision meets the "building site" requirements of the City's LDC. OVERALL SITE DEVELOPMENT STANDARDS Maximum Building Coverage: 40% Maximum Impervious Coverage: 75% Minimum Open Space: 35% (shall include any areas utilized for lawns, stormwater treatment and buffers not consisting of impervious surface) Maximum Density/Intensity: 12 dwelling units per acre / 0.5 floor area ratio Maximum Building Height: 45 ft. A. Roads Roads, drives and sidewalks within the Property, as shown on the Conceptual Plan, shall be private and shall be constructed to City standards and maintained by the Developer. B. Parking Parking shall be as shown on the Conceptual Plan and constructed in compliance with the City's LDC. Brilliance Edgewater ALF 4 2017-0-10 C. Stormwater Management The retention pond(s) will meet the requirements for the St. Johns River Water Management District and the City LDC. The Developer shall meet all requirements pertaining to flood plain development standards as defined in the City LDC. D. Sig_nage Any signage shall meet the current City LDC. E. Trees The Developer shall meet the City minimum tree protection standards. F. Entrance to Subdivision One (1) entrance, as depicted on the Conceptual Plan, shall be permitted for accessing the Brilliance Edgewater ALF development from Ridgewood Avenue. G. Future Expansion/Phases Notwithstanding anything herein to the contrary, the City shall permit future expansions of the Brilliance Edgewater ALF in accordance with the City LDR as long as said expansions do not cause development of the Property to exceed 200 beds and/or 0.5 FAR. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Brilliance Edgewater ALF is Commercial with Conservation Overlay. The zoning designation for Brilliance Edgewater ALF shall be BPUD (Business Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for BPUD are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. Brilliance Edgewater ALF 5 2017-0-10 5. PUBLIC FACILITIES A. Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable water system at the nearest point of connection. All water main distribution system improvements will be installed by the Developer and all water main distribution system improvements within public right of ways shall be conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of Certificate of Occupancy. B. 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 and all wastewater collection and transmission system improvements within public right of ways shall be conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of Certificate of Occupancy. C. The City has determined that reclaimed water may be available in the future. Therefore, the developer shall install reclaimed piping in anticipation of said services. D. Developer agrees to provide on and off site current and future utility and drainage easements for drainage and utility service consistent with this provision. E. All utility services will be underground. F. Off -site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, and signalization) are the Developer's responsibility and shall meet all City, County and/or State requirements and approval. G. Impact fees for each dwelling unit will be paid in accordance with the following schedule: Brilliance Edgewater ALF 6 2017-0-10 1) Water - Pay 100% of the applicable impact fees to the city by applicant at the time the applicable permit application is signed by the city, thereby reserving requisite water capacity. A minimum water charge shall be applied to each E.R.U. reserved and not connected within one (1) year. 2) Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time the applicable permit application is signed by the city, thereby reserving requisite sewer capacity. A minimum sewer charge shall be applied to each E.R.U. reserved and not connected within one (1) year. 3) Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit application. 4) Roads - Paid to City by applicant at the time of Building Permit Application. 5) Volusia County Impact fees for Roads and Schools (if deemed applicable by the Volusia County School District) - Paid prior to a Building Certificate of Occupancy. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. Interior pedestrian facilities shall connect to pedestrian facilities along U.S. Highway 1. H. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. I. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. J. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review and construction inspection related to the Brilliance Brilliance Edgewater ALF 7 2017-0-10 Edgewater ALF development approval and the construction of required infrastructure improvements. K. The Developer shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system, including outfall system. 4. Piping for future reclaimed service. 5. Provide all required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All signage shall comply with Florida Department of Transportation (FDOT) standards. L. Recreational Facilities Active and passive recreation areas and facilities for the Brilliance Edgewater ALF will include a courtyard, pool area, garden, play fields as provided on the Conceptual Plan. 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. DEDICATION OF LAND FOR PUBLIC PURPOSES The Developer shall convey to the City of Edgewater, by warranty deed and title insurance free and clear of all liens and encumbrances, all utility easements as required. Brilliance Edgewater ALF 8 2017-0-10 8. PERMITS REQUIRED The Developer will obtain required development permits or letters of exemption as needed for this Agreement and the construction of the improvements depicted on the Conceptual Plan. 9. 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. 10. 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. 11. 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 within fifteen (15) days of the adverse decision being communicated to such person. The City Manager shall review the decision of the city official and render a decision on the appeal within thirty (30) days of receipt of the written notice or appeal. Any person may subsequently appeal the decision of the City Manager to the City Council. Any such appeal to the City Council must be filed with the City Clerk within fifteen (15) days of the adverse decision by the City Manager being communicated Brilliance Edgewater ALF 9 2017-0-10 to such person. The City Council shall review the decisions of the city official and City Manager within sixty (60) days of the date of filing such appeal. The decision of the City Council shall be final and binding. An appeal of a decision made by any advisory board may be filed by any interested party. 12. 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. 13. BINDING EFFECT 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. 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. PERFORMANCE REVIEW 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 Brilliance Edgewater ALF 10 2017-0-10 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 the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 17. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in the Agreement. 18. 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, will require City Council approval. 19. 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. 20. 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. 21. ATTORNEYS' FEES Brilliance Edgewater ALF 11 2017-0-10 In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. 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. 23. 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. 24. 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 PAGES TO FOLLOW Brilliance Edgewater ALF 12 2017-0-10 IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: Lo Robin L. Matusick City Clerk/Paralegal Brilliance Edgewater ALF 13 2017-0-10 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Michael Ignasiak Mayor Witnessed by: LN STATE OF FLORIDA COUNTY OF VOLUSIA OWNER Hanson & McCallister, Inc. Cynthia Jean McCallister President The foregoing instrument was acknowledged before me on this day of , 2017, by Cynthia Jean McCallister, as President of Hanson & McCallister, Inc., who is [j personally known to me or [_] has produced as identification and who did (did not) take an oath. Notary Public Stamp/Seal Witnessed by: AM STATE OF FLORIDA COUNTY OF VOLUSIA OWNER 2018 S. Ridgewood Avenue George H. Mundell, Jr. The foregoing instrument was acknowledged before me on this day of , 2017, by George H. Mundell, Jr., who is [_] personally known to me or [_] has produced as identification and who did (did not) take an oath. Notary Public Stamp/Seal Brilliance Edgewater ALF 14 2017-0-10 Witnessed by: STATE OF FLORIDA COUNTY OF VOLUSIA DEVELOPER Brilliance Living Corporation Rajesh Ailani Director The foregoing instrument was acknowledged before me on this day of , 2017, by Rajesh Ailani, as Director of Brilliance Living Corporation, who is [_] personally known to me or [_] has produced as identification and who did (did not) take an oath. Notary Public Stamp/Seal Brilliance Edgewater ALF 15 2017-0-10 EXHIBIT "A" LEGAL DESCRIPTION 2 18 34 IRREG PARCEL IN SE 1/4 U S LOT 3 MEAS 195.91 FT ON E/L & 330.09 FT ON S/L PER OR 2566 PG 0846 PER OR 2638 PG 116 PER OR 4128 PG 0431 PER OR 7274 PG 0100 AND 2-18-34 IRREG PARCEL IN NE 1/4 OF SE 1/4 GOVT LOT 3 MEAS APPROX 587.73 FT ON N/L & MEAS APPROX 887.76 FT ON E/L EXC IRREG PARCEL PER OR 2638 PG 116 MEAS 195.91 FT ON E/L & 330.09 FT ON S/L PER OR 4128 PG 0431 PER OR 7274 PG 0102 m 2 18 34 LOT 1 HIGHWAY SUB PART OF LOT 5 AND 2 18 34 LOT 2 HIGHWAY SUB PART OF LOT 5 PER OR 1561 PG 18 ►D 2 18 34 LOT 3 HIGHWAY SUB PART OF LOT 5 PER OR 1561 PG 18 M41 2 18 34 LOTS 4 5 & 6 HIGHWAY SUB PART LOT 5 PER OR 3483 PG 1834 Containing 9.09± acres more or less Brilliance Edgewater ALF 16 2017-0-10 JJL EXHIBIT "B" CONCEPTUAL PLAN T 1 Ll ' I IANCE AS$I$TM LIVING- EDGEWATER CONCEPTUAL SITE PLAN Cn Brilliance Edgewater ALF 2017-0-10 17 04 N. Riverside Drive IF City of Edgewater Edgewater, FL 321321 $ Legislation Text File #: CU-1701, Version: 1 ITEM DESCRIPTION: CU-1701 - George Hackney, Inc., requesting a Conditional Use Permit to allow a medical marijuana dispensary to be located at 103 E. Boston Road. OWNER: Edgewater Retail Center, LLC REQUESTED ACTION: Allow a medical marijuana dispensary LOCATION: 103 E. Boston Road PROPOSED USE: Medical Marijuana Dispensary CURRENT LAND USE: Retail Shopping Plaza FLUM DESIGNATION: Commercial ZONING DISTRICT: B-3 (Highway Commercial) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUMDesignation ZoningDistrict North Retail/Single Family Residence Commercial/Low Density Residential B-3 (Highway Commercial)/R-1 (Single Family Residential) East Single Family Residence/VacanlMedium Density Residential R-4 (Multi -Family Residential) outh Bar/Restaurant Commercial B-3 (Highway Commercial) West Retail Commercial B-3 (Highway Commercial) Background: Amendment 2 was passed by the Florida voters on November 8, 2016 expanding the use of medical marijuana. City Council adopted criteria within the Land Development Code (LDC) relating to the number of and permitted locations (one north of S.R. 442 and one south of S.R. 442) of medical marijuana dispensaries on February 6, 2017. The applicant is requesting approval for one dispensary to be located south of Indian River Boulevard (S.R. 442). The applicant is registered with the Florida Department of Health and currently operates three (3) dispensaries within the State. The Technical Review Committee has reviewed the application and recommends approval with the following conditions: • The property owner and dispensary operator(s) release the City of Edgewater, and its agents, officers, elected officials, and employees from injury, damages, or liability of any kind that results from any arrest or prosecution of dispensary owners, operators, employees, or clients for violation of state or federal laws in a form satisfactory City of Edgewater Page 1 of 2 Printed on 3/6/2017 powered by LegistarTM File #: CU-1701, Version: 1 to the City Manager; Operators and their employees shall prevent loitering on and around the premises; Hours of operation shall be limited to the hours of 7:00am-10:00pm; and The establishment meets all other related LDC requirements. Land Use Compatibility: The proposed use is compatible with the surrounding area, which includes other retail stores. Adequate Public Facilities: The property has access via Boston Road, and is served by City water and wastewater. Comprehensive Plan Consistency: N/A RECOMMENDED ACTION Motion to approve the Conditional Use Permit to allow George Hackney, Inc., to operate a medical marijuana dispensary at 103 East Boston Road with the following conditions: • The property owner and dispensary operator(s) release the City of Edgewater, and its agents, officers, elected officials, and employees from injury, damages, or liability of any kind that results from any arrest or prosecution of dispensary owners, operators, employees, or clients for violation of state or federal laws in a form satisfactory to the City Manager; • Operators and their employees shall prevent loitering on and around the premises; • Hours of operation shall be limited to 7:00am-10:00pm; and • The establishment meets all other related LDC requirements. City of Edgewater Page 2 of 2 Printed on 3/6/2017 powered by LegistarTM E INDIAN RIVER BLVD ago V S�'L F� s'o � N 0 �o �L PINE AV EDGEWATER 1 ®Subject Property 9111111111111, _ o�. oa.az41zo„