01-29-2018 - 618 N Ridgewood AvenueTRC/Pre-Application Sign In
Property Location: 618 North Ridgewood Avenue
Property Owner/Applicant/Developer: Bowman Consulting
Project Type: Retail — Convenience Store/Gas station
Meeting Date: 1/29/2018 Time: 10:00 am
Pre -App M TRC 7
IN ATTENDANCE:
Print e J
Representing
Signatury
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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
BUSINESS PLANNED UNIT DEVELOPMENT AGREEMENT
BG EDGEWATER, LLC
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 BG EDGEWATER. LLC, developer, whose address is 2300 Curlew
Road, Suite 100 Palm Harbor, Florida 34683 (hereinafter referred to as "Developer"). The purpose
of this Agreement is to define the tetras 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 2.61± acres located Southeast corner
of 10`h Street and US 1 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
is Volusia County.
2. DURATION OF AGREEMENT
BG Edgewater, LLC 1
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 Master Plan dated
hereto as Exhibit "B" — Conceptual Site Plan and Exhibit "C" — City Signage
and Landscape Plan and Developer must receive site plan approval from the City prior to
commencing construction. Developer's failure to initiate construction before may
result in the City's termination of the Agreement. Developer may request an extension of the
Agreement for an additional 12 -months for extraordinary circumstances as determined by the City
or delays caused by Volusia County's 10°i Street project. 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 Master Plan dated and be developed consistent with the City's
development procedures, including of the City of Edgewater Land Development Code (except as
BG Edgewater, LLC 2
amended by this Agreement). Until such time as a Development Order is issued, 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:
RETAIL
Minimum Yard Side and Setbacks
Front (Ridgewood Ave.): 10 -ft.
Rear: 10 -ft.
Side (North & South): 10 -ft.
Minimum Landscape Buffer
Front (Ridgewood Ave.): 10 ft.
Side (North): 10 ft.
Side (South): 10 ft.
OVERALL SITE DEVELOPMENT STANDARDS
Maximum Building Coverage: 20%
Maximum Impervious Coverage: 75%
Maximum Building Height: 30 ft.
A. Parkine
The minimum parking requirement shall meet City of Edgewater LDC parking
requirements, but the minimum parking space size can be 20 feet by 9 feet. There is not a limit on
the proposed number of parking spaces. A minimum of two handicap parking spaces meeting
ADA requirements will be required. The location and number of parking spaces in a row shall be
permitted per Exhibit `B" Conceptual Plan. A maneuver depth and radius of five (5) feet along
the southern property boundary shall be permitted per Exhibit `B" Conceptual Plan.
BG Edgewater, LLC 3
B. 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.
C. Signage
Any signage shall meet the current City LDC.
D. Exterior Disvlav Area
Only display setups of products customarily used outdoors including but not limited to,
pools, lawn furniture or other similar items shall be permitted and shall be limited to one of any
one product or model and shall be located in designated exterior display areas approved for such
display as part of the development plan. In addition, one (1) ice machine and one (1) LP Gas
dispenser shall be permitted in designated exterior areas. Such exterior display areas shall be
depicted on Exhibit `B" and Exhibit "C". At no time shall any exterior display areas impede the
entry or means of egress of any doorway. All exterior displayed products and related display
equipment shall be removed at the close of business each day, except that the ice machine and LP
Gas dispense products and equipment do not have to be removed from the exterior display areas.
E. Exterior Facade Treatments
Synthetic stucco shall be permitted except in the designated exterior display area and
delivery receiving door areas.
F. Trees
The Developer shall meet the City minimum tree protection standards.
G. Entrances
BG Edgewater, LLC 4
Two (2) entrances, as depicted on the Conceptual Plan, shall be permitted for accessing the
development from Ridgewood Avenue and 10`h Street.
H. Future Expansion/Phases
Notwithstanding anything herein to the contrary, the City shall permit future expansions in
accordance with the City LDC as long as said expansions do not cause development of the Property
to exceed the overall site development standards referenced in Section
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for BG Edgewater is Commercial. The zoning
designation 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.
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
BG Edgewater, LLC 5
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 convert and connect all irrigation system piping to reclaimed water
within one -hundred -eighty (180) days of written notification by the City to the Developer of the
availability and cost, but Developer shall only be required to convert and connect such systems if
the connection point is immediately adjoining the Developer's property.
D. All utility services will be underground.
E. 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.
F. Impact fees will be paid in accordance with the following schedule:
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.
BG Edgewater, LLC 6
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.
G. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
H. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
I. Developer agrees to reimburse the City of Edgewater for direct costs associated
with the legal review, not to exceed one -thousand dollars ($1,000.00), engineering review and
construction inspection related to the BG Edgewater, LLC development approval and the
construction of required infrastructure improvements.
J. The Developer shall provide all public facilities to support this project including
the following:
Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system, including outfall system.
4. 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.
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
BG Edgewater, LLC 7
Plan and Land Development Code and is compliant with all concurrency requirements set forth in
said documents.
7. DEDICATION OF EASEMENTS
It is not contemplated that any additional easements shall be required and all existing
utility/access easements presently identified shall remain unless released by the City of Edgewater.
S. DEDICATION OF RIGHT OF WAY AND CITY SIGNAGE. AREA
9.
The Developer shall dedicate and convey to the City the Right of Way as shown in Exhibit
"D" — Right of Way Dedication and in Exhibit "E" - City Signage Area.
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.
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.
A. The Developer agrees to at its sole cost and expense to construct a 5' sidewalk
within the dedicated Right of Way adjacent to 10`h street as shown in the site plan
Exhibit — "B"
B. The Developer agrees to at its sole cost and expense to design and construct the
City Sign and Landscaping within the dedicated City Signage Area as shown in
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Exhibit "C". The Developer and the City shall work together in the designing and
specification for the signage area.
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 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 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. In the event the decision of the City Council is not agreed upon
by Developer, the Developer may within thirty (30) days of such written decision from City
Council appeal the decision made by the City Council to the Circuit Court of the Seventh Judicial
Circuit in and for Volusia County, Florida.
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. The property owner will be
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responsible for maintaining the property in accordance with the approved BPUD Agreement and
site plan. Any changes to the site design shall require approval by the TRC and /or City Council.
14. 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.
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. 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 maybe revoked or modified
by the City. Any such revocation or modification shall only occur after the City has notified the
Developer in writing of Developer's failure to materially comply with the terms of this Agreement
and Developer fails to cure such breach after receiving written notice and a reasonable opportunity
to cure such breach from the City.
17. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
18. TIME OF THE ESSENCE
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Time is hereby declared of the essence to 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, will
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 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
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
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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.
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 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:
M
CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA
Robin L. Matusick Michael Ignasiak
City Clerk/Paralegal Mayor
(SIGNATURE PAGES TO FOLLOW)
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Witnessed by:
M
STATE OF FLORIDA
COUNTY OF VOLUSIA
DEVELOPER
BG Edgewater, LLC
Daniel Vietto
The foregoing instrument was acknowledged before me on this _ day of
2017, by Daniel Vietto, as Manager of BG Edgewater, LLC, who is [_] personally known to me
or [_] has produced as identification and who did (did not) take
an oath.
Notary Public
Stamp/Seal
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EXHIBIT "A"
LEGAL DESCRIPTION
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EXHIBIT "B"
CONCEPTUAL SITE PLAN
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EXHIBIT "C"
CITY SIGNAGE AND LANDSCAPE PLAN
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2017-0-28
EXHIBIT "D"
RIGHT OF WAY DEDICATION
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2017-0-28
EXHIBIT "E"
CITY SIGNAGE AREA
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2017-0-28