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City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:VA-2025,Version:1
ITEM DESCRIPTION:
VA-2025 - Phil Milford requesting a variance for property located at 557 Coral Trace Boulevard.
OWNER: Phil Milford
REQUESTED ACTION:Variance approval to allow a 240 square-foot screen room to be located 13.2-feet
from the rear property line in lieu of the required 20-feet per the Coral Trace PUD Agreement.
LOCATION: 557 Coral Trace Boulevard
AREA:6,325 square-feet
PROPOSED USE: Screen Room/workout room
CURRENT LAND USE: Single Family Residence
FLUM DESIGNATION: Mixed Use
ZONING DISTRICT:RPUD (Residential Planned Unit Development)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single Family Residence Mixed Use RPUD (Residential Planned Unit
Development)
East Single Family Residence Mixed Use RPUD (Residential Planned Unit
Development)
South Single Family Residence Mixed Use RPUD (Residential Planned Unit
Development)
West Retention Pond Mixed Use with
Conservation Overlay
RPUD (Residential Planned Unit
Development)
Background:A 2,544 square-foot single family residence was constructed on the subject property in 2006; the residence includes an
existing 120 square-foot screen porch. The residence is located 25.2-feet from the rear property line; the applicant is proposing to
construct an additional 12’ x 20’ (240 SF) screen room on an existing patio, which would be 13.2-feet from the rear property line.
Adjacent property owners were notified of the request on October 2, 2020 and the Homeowners Association approved the request in
August.
Land Use Compatibility:A screen room constructed on the rear of a residence is common; several residences within Coral Trace
have additional screen enclosures. The adjacent properties have pool/spa enclosures which are permitted to 7.5-feet from the rear
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File #:VA-2025,Version:1
property line; therefore the prosed screen room would be compatible with those properties.
Adequate Public Facilities:NA
Comprehensive Plan Consistency:NA
RECOMMENDED ACTION
Motion to approve VA-2025
City of Edgewater Printed on 10/9/2020Page 2 of 2
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Paula Ct
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City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:VA-2026,Version:1
ITEM DESCRIPTION:
VA-2026 - Amr Shafshak, requesting variances from the Land Development Code for property located at 910
Lake Avenue
OWNER:Amr Shafshak and Bodo Razaimaindrisoa
REQUESTED ACTION:Variance approval to allow a 3.4-foot side setback in lieu of the required 10-feet per
Section 21-50.02.
LOCATION:910 Lake Avenue
AREA: 12,400 square-feet
PROPOSED USE: Additional living area
CURRENT LAND USE: Single Family Residence
FLUM DESIGNATION: Low Density Residential
ZONING DISTRICT:R-3 (Single Family Residential)
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single Family Residence Low Density Residential R-3 (Single Family Residential)
East Single Family Residence Low Density Residential R-3 (Single Family Residential)
South Single Family Residence Low Density Residential R-3 (Single Family Residential)
West Lake Conservation CN (Conservation)
Background:A single family residence was constructed on the property in 1956 that included 1,069 square-feet of living area. The
residence was constructed at an angle on the parcel and encroaching into the current side setback. In effort to obtain additional living
area the applicant is proposing to convert an existing utility room, with a 100-square-foot addition, into a master bedroom.
On December 13, 2017 a variance was approved to allow the encroachment into the side setback; a building permit was subsequently
issued on October 5, 2018. On June 5, 2020, Building Official Mike Garrett notified the property owner that the work completed on
the interior did not comply with the Florida Building Code or approved plans. On July 7, 2020, the applicant advised the Building
Department they would demo the work that was completed incorrectly and re-build per the Florida Building Code and plans. The
Building Permit was then closed and a new permit was applied for; however the previously approved variance expired on December
29, 2019, therefore the applicant was required to request variance approval once more.
Land Use Compatibility:The additional living space is compatible with the surrounding properties.
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File #:VA-2026,Version:1
Adequate Public Facilities:The property has vehicular access from Lake Avenue and is served by City water and wastewater.
Comprehensive Plan Consistency:NA
RECOMMENDED ACTION
Motion to approve VA-2026.
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.Subject PropertyDate: 9/10/2020
Existing open utility
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property line
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:VA-2027,Version:1
ITEM DESCRIPTION:
VA-2027 - Roger W. Strcula, PE requesting variances for property located at 1821 and 1825 South Ridgewood
Avenue.
OWNER:Leonel Benoist
REQUESTED ACTION:Variance approval to:
x Eliminate the right turn lane from South Ridgewood Avenue as required by Section 21-52.05(f);
x Allow 10 parking spaces to be nine-feet (9') wide in lieu of the required 10-feet per Section 21-56.02
(d);
x Allow two (2) wall signs in lieu of the maximum one (1) per business façade permitted per 21-650.02
(a);
x Reduce the 15' maneuver depth and minimum 15' turning radius for 90-degree parking per Section 21-
56.02(d) and (f);
x Allow a driveway to be located four-feet (4’) from the eastern property line in lieu of the required five-
feet (5') per Section 21-56.02(g); and
x Eliminate the landscape buffer required along the eastern property line per Section 21-54.04.
LOCATION: 1821 and 1825 South Ridgewood Avenue
AREA:2.497± acres
PROPOSED USE: Aldi Food Market
CURRENT LAND USE: Former Quick Lube and Vacant
FLUM DESIGNATION: Commercial
ZONING DISTRICT:B-3 (Highway Commercial)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Financial Institution Commercial B-3 (Highway Commercial)
East Single Family Residence Low Density Residential R-1 (Single Family Residential)/R-3
(Single Family Residential)
South Auto Sales/Retail Commercial B-3 (Highway Commercial)
West Shopping Center/Restaurant Commercial B-3 (Highway Commercial)
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File #:VA-2027,Version:1
Background: A portion of the subject property contains a 2,400 square-foot quick lube that was constructed in 1987 and has
subsequently been vacant for several years. The applicant is proposing to combine the parcels and construct a 19,054 square-foot Aldi
Food Market.
A right turn/deceleration lane is required by the Land Development Code when the posted speed limit equals or exceeds 35 miles per
hour or if the proposed development will generate 100 or more peak hour right turn movements. A Traffic Impact Study provided by
the applicant and reviewed by the City Traffic Engineer does not warrant the right turn lane; additionally the applicant met with
FDOT who determined the turn lane was not required.
The proposed development requires 76 parking spaces with a minimum width of 10-feet; the applicant is proposing 93 spaces; nine
(9) of which are proposed to be nine-feet (9’) in width in an effort to save an existing 30" oak tree and provide a wider end row island
for the FP&L transformer. The applicant has also indicated that the parking spaces will be needed to avoid patrons parking off-site as
existing stores with less parking have experienced similar situations creating unsafe walking for its patrons.
One (1) wall sign per building façade is permitted with a maximum of 64 square-feet; the proposed development does not have two
(2) facades, but does have two (2) sides that will be visible to traffic. Therefore the applicant is proposing two signs equaling no more
than 64 square-feet.
A 15-foot maneuver depth and radius is required at the north and south ends of the parking area; however future driveway connections
are planned at each location. The applicant has indicated that FDOT advised they cannot require, but prefer cross connections to
minimize trips onto Ridgewood Avenue for access to adjacent properties.
Providing the backup depth at this time will result in three lost parking spaces, which are necessary to provide the projected parking
demand for the store.
The reduced buffer width between the pavement and screen fence for the proposed drive aisle is requested to allow for the delivery
truck turning movements to egress onto East Indian River Boulevard to the signalized intersection. There is no parking proposed
within this drive aisle. Additionally, there are 30" and 24" oak trees proposed to remain.
The requested one-foot (1’) reduction is limited to an approximately 45' segment of the drive aisle.
A Class “C” landscape buffer, which can range from 30’ to 50’ in width, is required along the eastern property line; the applicant is
unable to provide the required buffer due to a 50-foot ingress/egress easement where the buffer would be. The applicant will install a
six-foot (6’) precast concrete fence along the eastern property line to act as a buffer for the adjacent properties.
Adjacent property owners were notified of the request on October 2, 2020.
Land Use Compatibility:The subject property is located within the City’s commercial corridor which allows for retail and shopping
centers. The property is adjacent to a bank, and across from an existing shopping center that contains several retail stores and
restaurants as well as a grocery store. The proposed use is well suited for the location.
Adequate Public Facilities:Access is available from Ridgewood Avenue and East Indian River Boulevard. City water and
wastewater are available to the site.
Comprehensive Plan Consistency:
Policy 1.4.3 of the Future Land Use Element specifically allows for the reduction of limitations on infill and redevelopment activities
consistent with the land uses and densities indicated in the Plan in situations that will not jeopardize public health, safety or welfare.
Per Table III-1 of the Land Development Code the B-3 (Highway Commercial) zoning designation of the subject property is
compatible with the Commercial Future Land Use designation. The proposed use is permitted as a matter of right in the B-3
(Highway Commercial) zoning district. Development of the subject property is both redevelopment and infill development, further
fulfilling the Goals, Objectives, and Policies in the Comprehensive Plan.
RECOMMENDED ACTION
Motion to approve VA-2027.
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.Subject PropertyDate: 9/14/2020
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:CPA-2008,Version:1
ITEM DESCRIPTION:
CPA-2008 - Glenn D. Storch requesting an amendment to the Comprehensive Plan Future Land Use Map for
2.663± acres of land located at 3850 South Ridgewood Avenue.
OWNER:City of Edgewater
REQUESTED ACTION:Recommendation to City Council to amend the Comprehensive Plan Future Land
Use Map from Public/Semi-Public with Conservation Overlay to Commercial with Conservation Overlay.
LOCATION:3850 South Ridgewood Avenue
AREA:2.663± acres
PROPOSED USE: RV/ Boat Storage
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Public/Semi-Public with Conservation Overlay
ZONING DISTRICT:P/SP (Public/Semi-Public)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant Commercial RPUD (Residential Planned Unit
Development)
East Vacant Commercial RPUD (Residential Planned Unit
Development)
South Vacant Public/Semi-Public with
Conservation Overlay
Volusia County A-3 (Transitional
Agriculture)/ I-4 (Industrial
Park)/I-1 (Light Industrial)
West City Utility Facility Public/Semi-Public with
Conservation Overlay
P/SP (Public/Semi-Public)
Background:The subject property is part of a 16± acre parcel currently owned by the City; City Council authorized the City
Manager to enter into a contract with Alan Klein for the purchase of 2.663± acres of said 16± acres. The sale of the subject property is
contingent upon approval of the proposed amendment as well as an amendment to the Zoning Map for the adjacent 22.929± acres.
The applicant is proposing to develop a total of 25.58± acres as an enclosed RV/boat storage facility with approximately 22,700
square-feet of retail adjacent to South Ridgewood Avenue.
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File #:CPA-2008,Version:1
Prior to development of the property a Site Plan must be approved that meets all requirements of the Land Development Code and
associated PUD Agreement.
Land Use Compatibility:The subject property is adjacent to property with an existing Commercial Future Land Use designation; the
property to the south is Public/Semi-Public with County Agriculture and Industrial zoning designations. The proposed use is
compatible with the proposed Future Land Use designation.
Adequate Public Facilities:Access is available on Ridgewood Avenue with secondary access on Booker Street. City water and
wastewater is available to the site.
Comprehensive Plan Consistency:Land designated as Public/Semi-Public and Commercial both have a maximum Floor Area Ratio
(FAR) of .05. The proposed development will be of minimal intensity with ample buffers adjacent to the existing residential
development; meeting the Goals, Policies and Objectives of the Future Land Use Element.
RECOMMENDED ACTION
Motion to send a favorable recommendation to City Council for CPA-2008.
City of Edgewater Printed on 10/9/2020Page 2 of 2
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Booker StS Ridgewood Ave
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID,IGN, and the GIS User Community.Date: 7/30/2020Subject Property
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Subject Property
Parcels: 8413-00-00-0013, & a portion of 8413-00-00-0010
Proposed City Future Land Use:
Commercial
This map is for illustrative purposes only. The data represented is provided as a public service for general information
and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims,
representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability,
or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy,
completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user
of the map.
The City of Edgewater disclaims any liability associated with the use or misuse of this map.
Date: 7/30/2020
Existing Proposed
This map is for illustrative purposes only. The data represented is provided as a public service for general information
and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims,
representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability,
or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy,
completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user
of the map.
The City of Edgewater disclaims any liability associated with the use or misuse of this map.
Subject Property
Parcels: 8413-00-00-0013, & a portion of 8413-00-00-0010
Current City Future Land Use:
Public/Semi-Public
City of Edgewater
Future Land Use Map
Subject Property
Conservation Overlay
Agriculture
Recreation
Conservation
Public/Semi-Public
High Density Residential
Medium Density Residential
Low Density Residential
Low Density Transition
Mixed Use
Industrial
Commercial
Sustainable Community Development
City of Edgewater
Future Land Use Map
Subject Property
Conservation Overlay
Agriculture
Recreation
Conservation
Public/Semi-Public
High Density Residential
Medium Density Residential
Low Density Residential
Low Density Transition
Mixed Use
Industrial
Commercial
Sustainable Community Development
Date: 7/30/2020
Booker StS Ridgewood Ave
.Subject PropertyDate: 7/30/2020
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:RZ-2007,Version:1
ITEM DESCRIPTION:
RZ-2007 - Glenn D. Storch requesting an amendment to the Official Zoning Map for 25.592± acres of land
located at 3850 South Ridgewood Avenue.
OWNER:City of Edgewater
REQUESTED ACTION:Recommendation to City Council to amend the Official Zoning Map from P/SP
(Public/Semi-Public) and RPUD (Residential Planned Unit Development) to BPUD (Business Planned Unit
Development).
LOCATION:3850 South Ridgewood Avenue
AREA:25.592± acres
PROPOSED USE: RV/ Boat Storage
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Public/Semi-Public and Commercial with Conservation Overlay
ZONING DISTRICT:P/SP (Public/Semi-Public) and RPUD (Residential Planned Unit Development)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant Commercial RPUD (Residential Planned Unit
Development)
East Vacant Commercial RPUD (Residential Planned Unit
Development)
South Vacant Public/Semi-Public with
Conservation Overlay
Volusia County A-3 (Transitional
Agriculture)/ I-4 (Industrial
Park)/I-1 (Light Industrial)
West City Utility Facility Public/Semi-Public with
Conservation Overlay
P/SP (Public/Semi-Public)
Background:The subject property is located west of South Ridgewood Avenue and south of Edgewater Lakes; the majority of the
property was included in the original PUD Agreement for Edgewater Lakes and proposed for commercial development.
The applicant is proposing to develop a total of 25.592± acres as an enclosed RV/boat storage facility with approximately 22,700
square-feet of retail adjacent to South Ridgewood Avenue.
City of Edgewater Printed on 10/9/2020Page 1 of 2
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File #:RZ-2007,Version:1
Prior to development of the property a Site Plan must be approved that meets all requirements of the Land Development Code and
associated PUD Agreement.
Land Use Compatibility:The subject property is adjacent to property with an existing Commercial Future Land Use designation; the
property to the south is Public/Semi-Public with County Agriculture and Industrial zoning designations. The proposed use is
compatible with the proposed Future Land Use designation.
Adequate Public Facilities:Access is available on Ridgewood Avenue with secondary access on Booker Street. City water and
wastewater is available to the site.
Comprehensive Plan Consistency:Land designated as Public/Semi-Public and Commercial both have a maximum Floor Area Ratio
(FAR) of .05. The proposed development will be of minimal intensity with ample buffers adjacent to the existing residential
development; meeting the Goals, Policies and Objectives of the Future Land Use Element.
RECOMMENDED ACTION
Motion to send a favorable recommendation to City Council for RZ-2007.
City of Edgewater Printed on 10/9/2020Page 2 of 2
powered by Legistar™
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID,IGN, and the GIS User Community.Date: 7/27/2020Subject Property
Admi ralt y CtRioGrande
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.Subject PropertyDate: 7/27/2020
Sa
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Booker St SRi
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MH-1 -
Mobile
Home Park
B-3 - Highway
Commercial
County -
Retains
County Zoning
RPUD - Residential
Planned Unit
Development
P/SP -
Public/Semi-Public
County -
Retains
County ZoningMH-1 -
Mobile
Home Park
Sa
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dgewood Ave
MH-1 -
Mobile
Home Park
B-3 - Highway
Commercial
County -
Retains
County Zoning
RPUD - Residential
Planned Unit
Development
P/SP -
Public/Semi-Public
County -
Retains
County ZoningMH-1 -
Mobile
Home Park
This map is for illustrative purposes only. The data represented is provided as a public service for general information
and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims,
representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability,
or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy,
completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user
of the map.
The City of Edgewater disclaims any liability associated with the use or misuse of this map.
Date: 7/30/2020
Date: 7/30/2020
Existing Proposed
This map is for illustrative purposes only. The data represented is provided as a public service for general information
and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims,
representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability,
or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy,
completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user
of the map.
The City of Edgewater disclaims any liability associated with the use or misuse of this map.
Subject Property
Parcels: 8448-03-00-0002, 8448-03-00-0004,
8413-00-00-0013, & a portion of 8413-00-00-0010
Current City Zoning:
RPUD - Residential Planned Unit Development &
P/SP - Public/Semi-Public
ZONING
Agriculture
RT - Rural Transitional
R1 - Single Family Residential
R2 - Single Family Residential
R3 - Single Family Residential
R4 - Multi Family Residential
R5 - Multi Family Residential
RPUD-Residential Planned Unit Development
RP - Residential Professional
MH1 - Mobile Home Park
MH2 - Manufactured Home
B2 - Neighborhood Business
B3 - Higway Commercial
B4 - Tourist Commercial
BPUD - Business Planned Unit Development
I1 - Light Industrial
I2 - Heavy Industrial
IPUD - Industrial Planned Unit Development
R - Recreation
P/SP - Public/Semi-Public
C - Conservation
MPUD - Mixed Use Planned Unit Development
SCD/PUD-Sustainable Community Development Planned Unit Development
Retains County Zoning
ZONING
Agriculture
RT - Rural Transitional
R1 - Single Family Residential
R2 - Single Family Residential
R3 - Single Family Residential
R4 - Multi Family Residential
R5 - Multi Family Residential
RPUD-Residential Planned Unit Development
RP - Residential Professional
MH1 - Mobile Home Park
MH2 - Manufactured Home
B2 - Neighborhood Business
B3 - Higway Commercial
B4 - Tourist Commercial
BPUD - Business Planned Unit Development
I1 - Light Industrial
I2 - Heavy Industrial
IPUD - Industrial Planned Unit Development
R - Recreation
P/SP - Public/Semi-Public
C - Conservation
MPUD - Mixed Use Planned Unit Development
SCD/PUD-Sustainable Community Development Planned Unit Development
Retains County Zoning
Subject Property
Parcels: 8448-03-00-0002, 8448-03-00-0004,
8413-00-00-0013, & a portion of 8413-00-00-0010
Proposed City Zoning:
BPUD - Business Planned Unit Development
XPLORE Boat, RV & Toy Storage 1
Ordinance No 2020-O-27
BUSINESS PLANNED UNIT DEVELOPMENT (BPUD) AGREEMENT
XPLORE BOAT, RV & TOY STORAGE
THIS AGREEMENT is made and entered into this ____ day of _______________,
20____ 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, ALAN KLEIN, 11836 Prince George Way, Orlando,
Florida 32836 (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 25.592± acres located at the
northwest corner of Ridgewood Avenue and Booker Street 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 Alan Klein.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be thirty (30) years and run with the land. The
Developer shall commence construction as defined by the Conceptual Plan, (Exhibit “B”)
within twenty-four (24) months of the effective date of this Agreement. Developer’s failure to
commence construction within the timeframe identified herein shall result in the City’s
termination of this Agreement. The Developer may request an extension of this Agreement for
up to 12-months for extraordinary circumstances as determined by the City. The Agreement may
also be extended by mutual consent of the governing body and the Developer, subject to a public
hearing. Commencement of construction means to begin performing onsite modification,
XPLORE Boat, RV & Toy Storage 2
Ordinance No 2020-O-27
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.
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). Final project approval
may be subject to change based upon final utilities, stormwater, traffic, fire rescue, hydrants, law
enforcement, solid waste containment, environmental, permitting, and planning considerations
and/or Federal and State regulatory agencies permit requirements.
a. Permitted Uses
The permitted uses applicable to the development of the property are consistent
with the adopted Comprehensive Plan/Future Land Use Map.
Parcel 1 Parcel 2
Mini-warehouse
Outdoor Storage
RV & Boat Storage
Animal Hospital
Boat Building & Repair
Boat Sales and Leasing
Car Wash
Convenience Store with Gas
Pumps
Financial Institute
Garden & Yard Supplies
Government Facilities
Health/Fitness Facilities
Kennels & Boarding
Lodges – Fraternal/Sorority
Medical/Dental Offices
Mini-warehouse
Outdoor Storage
Personal Service Facilities
Places of Worship
Places of Worship – Schools
Professional Office Facilities
Recording Facilities
Recreational Uses
Research Facilities
Restaurants
Retail – General
RV & Boat Storage
Shopping Center
XPLORE Boat, RV & Toy Storage 3
Ordinance No 2020-O-27
Those other uses and structures of an accessory nature customary to those permitted uses
listed above. One residential unit and vehicle washing facilities, whether indoor or outdoor, shall
be permitted on Parcel 1 as an accessory use to Mini-warehouse, Outdoor Storage and/or RV &
Boat Storage uses.
b. Prohibited Uses.
All other uses, whether permanent or temporary, not otherwise listed as a permitted use in
Paragraph 3(a) are prohibited.
c. Minimum Building Setbacks
Parcel 1 Parcel 2
Front (Booker St): 15 feet
5 feet for existing
building
Front (Ridgewood Ave): 40 feet
15 feet if parking
is within or
behind building
Front (Booker Street): 30 feet
Rear: 25 feet Rear: 25 feet
Side (West): 25 feet Side (West): n/a
Side (East) n/a
Max Height: 35 feet Max Height: 35 feet
Max Building Coverage: 40% Max Building Coverage: 40%
Max Impervious Coverage: 75% Max Impervious Coverage: 75%
The existing building fronting Booker Street may be renovated and utilized as part of the
development for Parcel 1, and it may be rebuilt so long as the building footprint does not expand
further into required setbacks.
d. Trees
The Developer shall meet the minimum landscaping and tree protection standards as set
forth in the current City LDC.
XPLORE Boat, RV & Toy Storage 4
Ordinance No 2020-O-27
e. Entrances
Entrances for accessing the development shall be consistent with the Conceptual Plan,
however, access from the Property to Edgewater Lakes Boulevard shall not be permitted. A
right-turn/decel lane shall be required as permitted by FDOT. In the event of gating, emergency
access shall be provided by a “Click to Enter” system and a Knox® override system or other method
as approved by the City’s Fire Marshal. All access points shall have a minimum 20-foot clearance
width for Fire Department access.
f. Signage
Signage shall meet the current City LDC.
g. Parking
One (1) parking space per unit and three (3) parking spaces for a lease office shall be
provided for the Mini-warehouse use. Parallel parking spaces may be provided within the
drive-aisles of the self-storage facility to offset the required per unit parking. All other uses
shall meet the minimum parking standards as set forth in the current City LDC.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation is Commercial with Conservation Overlay and the
zoning designation is BPUD (Business Planned Unit Development) as defined in the City Land
Development Code.
5. PUBLIC FACILITIES
a. All utility services shall be underground.
b. Off-site improvements are the Developer's responsibility and shall be required at
the time of Site Plan approval and City inspection approval and shall meet all
City, County and/or State requirements and approval.
XPLORE Boat, RV & Toy Storage 5
Ordinance No 2020-O-27
c. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
d. A concurrency review shall be conducted to ensure that all required public
facilities are available concurrent with the impacts of the development.
e. Developer, at the time of development, shall provide all public facilities to
support this project in accordance with the current City LDC including the
following:
i. Water Distribution System including required fire hydrants. Developer
agrees to connect to and utilize the City's water distribution system at
nearest point of connection.
ii. Sewage Collection and Transmission System. Developer agrees to connect
to and utilize the City's wastewater transmission and collection system. .
iii. 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.
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 City LDC, as may be
amended from time to time.
XPLORE Boat, RV & Toy Storage 6
Ordinance No 2020-O-27
iv. All required pavement marking and signage (stop signs, road signs, etc.)
within the Site. 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 current City LDC and/or Fee Resolution.
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 LDC and is compliant with all concurrency requirements set forth in
said documents.
8. PERMITS REQUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Department of Environmental Protection, St. Johns River Water Management
District, Army Corps of Engineers, Department of Health, and Florida Fish and
Wildlife Conservation Commission.
2. City of Edgewater - Site Plan approval and all applicable building permits.
Developer agrees to reimburse the City of Edgewater for direct costs associated with the
legal review, engineering review, construction inspections, construction of required
infrastructure improvements, and the review and approval of the site plan related to the
development, including recording fees.
XPLORE Boat, RV & Toy Storage 7
Ordinance No 2020-O-27
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. 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.
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 and approved Site
Plan.
XPLORE Boat, RV & Toy Storage 8
Ordinance No 2020-O-27
13. BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the land subject to this Agreement or any portion thereof and shall run with the land
and shall be administered in a manner consistent with the laws of the State of Florida.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12 months,
commencing 12 months after the date of this Agreement to determine if there has been good faith
compliance with the terms of this Agreement. If the City finds on the basis of competent
substantial evidence that there has been a failure to materially comply with the terms of this
Agreement, the Agreement may be revoked or modified by the City. Any such revocation or
modification shall only occur after the City has notified the Developer in writing of Developer's
failure to materially comply with the terms of this Agreement and Developer fails to cure such
breach after receiving written notice and a reasonable opportunity to cure such breach from the
City.
16. APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled and
interpreted according to the laws of the State of Florida.
XPLORE Boat, RV & Toy Storage 9
Ordinance No 2020-O-27
17. TIME OF THE ESSENCE
Time is hereby declared of the essence of 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,
shall 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
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
XPLORE Boat, RV & Toy Storage 10
Ordinance No 2020-O-27
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Robin L. Matusick, Michael Thomas,
City Clerk/Paralegal Mayor
XPLORE Boat, RV & Toy Storage 11
Ordinance No 2020-O-27
Witnessed by: DEVELOPER
Alan Klein
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me, by means of [_] physical presence or [_]
online notarization, this ____ day of _______________, 20____ by Alan Klein, who is [_]
personally known to me or [_] has produced as identification and
who did (did not) take an oath.
Notary Public
Stamp/Seal
XPLORE Boat, RV & Toy Storage 12
Ordinance No 2020-O-27
EXHIBIT "A"
LEGAL DESCRIPTION
Parcels 1 and 2 and Tracts M, O, and P, Edgewater Lakes Phase 1A. According to Plat thereof as
recorded in Map Book 54, Pages 46 through 49, of the Public Records of Volusia County,
Florida.
Together with:
A portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East, Volusia County Florida
and being more completey described as follows:
As a point of reference commence at the northwest corner of U.S. Lot 2, Section 13, Township
18 South, Range 34 East, thence N889°50’50” R along the north line of said Lot 2, a distance of
154.03 feet: thence S28°02’31”E, a distance of 439.35 feet: thence S14°10’55”E, a distance of
387.51 feet for the Point of Beginning; thence N83°50’50”R, a distance of 505.89 feet: thence
S25°06’23”E, a distance of 164.34 feet: thence S57°44’13”E, a distance of 178.28 feet to a point,
said point being 60 feet north of the south line of said U.S. Lot 2; thence S87°35’58”W and
parallel to the south line of U.S. Lot 2 a distance of 648.37 feet: thence N22°48’24”W, a distance
of 134.58 feet; thence N14°10’55”W, a distance of 95.89 feet to the Point of Beginning.
Containing 23.137 acres more or less.
Less and except a portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East, Volusia
County Florida and being a portioin of that property described as Parcel II in the deed recorded
in Official Records Book 5739 at Page 3352 of the Public Records of said Volusia County and
being more particularly described as follows:
Commencing at the northwest corner of Parcel II, said point being the soutwest corner of Parcel
2, Edgewater Lakes Phase 1A, as recorded in Map Book 54, Pages 46 through 49 of said Public
Records, run N83°51’04”E, along said north line along the south line of Parcel 2, a distance of
410.73 feet to the Point of Beginning.
From the Point of Beginning, continue N83°51’03”E, a distance of 63.44 feet; thence, departing
said line and along a new line through said Parcel II S25°06’09”E, a distance of 142.53 feet to
the beginning of a curve to the right having a central angle of 22°41’54” a radius of 160.00 feet
with a chord bearing of S13°45’'12”E, and a chord lengh of 62.97 feet; thence southerly along
the arc of said curve a distance of 63.39 feet; thence S02°24’15”E, a distance of 57.73 feet to a
point on a line, 60.00 feet north of and parallel with the south line of said Parcel II: thence
S87°34’45”W, along said parallel line, a distance of 60.00 feet; thence departing said south line
N02°24’15”W, a distance of 57.73 feet to the beginning of a curve to the left having a central
angle of 22°41’54”, a radius of 100.00 feet with a chord bearing of N13°45’'12”W, and a chord
distance of 39.36 feet: thence northerly along the arc of said curve a distance of 39.62 feet:
thence N25°06’09”W, a distance of 163.13 feet to the Point of Beginning.
XPLORE Boat, RV & Toy Storage 13
Ordinance No 2020-O-27
EXHIBIT “B”
CONCEPTUAL PLAN
XPLORE Boat, RV & Toy Storage 14
Ordinance No 2020-O-27
4110
TD
4111
TD
4112
TD4113
TD
4146
WALL .68
4147
WALL .68
4148
WALL .68
4149
WALL .68
4150
COL 3.5X3.5
4353
TD4354
TD 4355
TD
4356
TD
4362
TD
4363
TD
4364
TD
4365
TD4366
TD
4599
SSMH
4678
SSMH
4689
SSMH
4719
SSMH
4110
TD
4111
TD
4112
TD4113
TD
4146
WALL .68
4147
WALL .68
4148
WALL .68
4149
WALL .68
4150
COL 3.5X3.5
4353
TD4354
TD 4355
TD
4356
TD
4362
TD
4363
TD
4364
TD
4365
TD4366
TD
4599
SSMH
4678
SSMH
4689
SSMH
4719
SSMH