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10-21-2020Planning and Zoning Board City of Edgewater Meeting Agenda 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers6:30 PMWednesday, October 21, 2020 We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL 2. APPROVAL OF MINUTES Regular Meeting - August 12, 2020a. MinutesAttachments: Regular Meeting - September 16, 2020b. MinutesAttachments: 3. OLD BUSINESS-PUBLIC HEARING 4. NEW BUSINESS - PUBLIC HEARING VA-2025 - Phil Milford requesting a variance for property located at 557 Coral Trace Boulevard. a. Aerial Map Location Map Aerial View Plan Attachments: VA-2026 - Amr Shafshak, requesting variances from the Land Development Code for property located at 910 Lake Avenue b. Aerial Map Location Map Aerial View Survey -Plan 2014 Street View Photo 1 Photo 2 Photo 3 Attachments: Page 1 City of Edgewater Printed on 10/16/2020 October 21, 2020Planning and Zoning Board Meeting Agenda VA-2027 - Roger W. Strcula, PE requesting variances for property located at 1821 and 1825 South Ridgewood Avenue. c. Aerial Map Location Map Site Plan Sign Plan Attachments: 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. d. Aerial Map Future Land Use Map Location Map Attachments: 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. e. Aerial Map Location Map Zoning Map PUD Agreement Conceptual Plan - pg 1 Conceptual Plan - pg 2 Attachments: 5. DISCUSSION ITEMS a. Development Services Director's Report 6. ADJOURN Pursuant to Chapter 286, F.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 not prepare 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 Clerk/Paralegal 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. Page 2 City of Edgewater Printed on 10/16/2020 104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes Planning and Zoning Board 6:30 PM Council ChambersWednesday, August 12, 2020 1. CALL TO ORDER, ROLL CALL George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney and Albert Amalfitano Present 6 - Eric RainbirdAbsent1 - Development Services Director Darren Lear and Senior Planner Bonnie BrownAlso Present 2 - 2. APPROVAL OF MINUTES 3. OLD BUSINESS-PUBLIC HEARING 4. NEW BUSINESS - PUBLIC HEARING a.DRI-1901 - Glenn D. Storch requesting approval of the Development Order for the first increment of the Farmton Master Development Plan. Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the Public Hearing. Glenn Storch, 420 N. Nova Road, Daytona Beach, FL, provided additional information regarding the Master Development of Regional Impact (DRI) for the Farmton Local Plan west of I-95, Agreements with Volusia County and the DRI process. Mr. Storch spoke about the significant conservation and preservation areas and development standards associated with the project. He then discussed the various agencies that have and will review the development plan. Chairman Kennedy complimented Mr. Storch on the information provided and asked if there was a community in Florida that was used to base this development on. Mr. Storch stated that after extensive research they used components from several developments including Babcock Ranch attempting to create small town features. Mr. Andrejkovics complimented the sensitivity to the environment and asked how far south the development went, which Mr. Lear identified on the map. Mr. Storch added that Deering Park Center would be developed first, Mr. Lear added that would provide access to the subject property. There being no further discussion Chairman Kennedy closed the public hearing. Page 1City of Edgewater Printed on 10/7/2020 August 12, 2020Planning and Zoning Board Meeting Minutes A motion was made by Mr. Andrejkovics, second by Mr. Amalfitano, to send a favorable recommendation to City Council for DRI-1901. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - b.AN-2002 - Anthony and Hope Pawlak requesting annexation of .21± acres of land located at 125 South Cory Drive Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Maroney, to send a favorable recommendation to City Council for AN-2002. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - c.CPA-2004 - Anthony and Hope Pawlak requesting an amendment to the Comprehensive Plan Future Land Use Map to include .21± acres of land located at 125 South Cory Drive as Low Density Residential Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Amalfitano, second by Mr. Andrejkovics, to send a favorable recommendation to City Council for CPA-2004. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - d.RZ-2004 - Anthony and Hope Pawlak requesting an amendment to the Official Zoning Map to include .21± acres of land located at 125 South Cory Drive as R-3 (Single Family Residential) Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed Page 2City of Edgewater Printed on 10/7/2020 August 12, 2020Planning and Zoning Board Meeting Minutes the public hearing. A motion was made by Mr. Wright, second by Mr. Amalfitano, to send a favorable recommendation to City Council for RZ-2004. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - e.AN-2004 - Chad Routte requesting annexation of .21± acres of land located at 123 South Cory Drive Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Maroney, second by Mr. Wright, to send a favorable recommendation to City Council for AN-2004. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - f.CPA-2006 - Chad Routte requesting an amendment to the Comprehensive Plan Future Land Use Map to include .21± acres of land located at 123 South Cory Drive as Low Density Residential Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Amalfitano, second by Mr. Andrejkovics, to send a favorable recommendation to City Council for CPA-2006. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - g.RZ-2006 - Chad Routte requesting an amendment to the Official Zoning Map to include .21± acres of land located at 123 South Cory Drive as R-3 (Single Family Residential) Mr. Lear provided a staff report and recommendation. Page 3City of Edgewater Printed on 10/7/2020 August 12, 2020Planning and Zoning Board Meeting Minutes Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Maroney, to send a favorable recommendation to City Council for RZ-2006. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - h.AN-2003 - Troy Noe requesting annexation of .21± acres of land located at 121 South Cory Drive Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Maroney, second by Mr. Amalfitano, to send a favorable recommendation to City Council for AN-2003. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - i.CPA-2005 - Troy Noe requesting an amendment to the Comprehensive Plan Future Land Use Map to include .21± acres of land located at 121 South Cory Drive as Low Density Residential Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Andrejkovics, to send a favorable recommendation to City Council for CPA-2005. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - j.RZ-2005 - Troy Noe requesting an amendment to the Official Zoning Map to include .21± acres of land located at 121 South Cory Drive as R-3 (Single Family Residential) Mr. Lear provided a staff report and recommendation. Page 4City of Edgewater Printed on 10/7/2020 August 12, 2020Planning and Zoning Board Meeting Minutes Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Amalfitano, second by Mr. Andrejkovics, to send a favorable recommendation to City Council for RZ-2005. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - k.VA-2017 - Edward Draganchuk requesting a variance for property located at 2132 India Palm Drive. Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Maroney, to approve VA-2017. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - l.VA-2018 - Clifford Shover requesting variances for property located at 2743 Guava Drive. Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing. Mr. Andrejkovics stated he visited the site and complimented the aesthetics of the adjacent buildings. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Amalfitano, second by Mr. Andrejkovics, to approve VA-2018. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - m.VA-2019 - Ron Hampton requesting a variance for property located at 648 Coral Trace Boulevard. Mr. Lear provided a staff report and recommendation. Page 5City of Edgewater Printed on 10/7/2020 August 12, 2020Planning and Zoning Board Meeting Minutes Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Maroney, second by Mr. Amalfitano, to approve VA-2019. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - n.VA-2022 - John Wilkinson requesting a variance from the Land Development Code for property located at 428 North Riverside Drive. Mr. Lear provided a staff report and recommendation. Chairman Kennedy read a letter of objection from the resident at 425 N. Riverside Drive. Chairman Kennedy opened the public hearing. John Wilkinson, 428 North Riverside Drive, stated there was no other usable area on the property to install a pool and that it would landscaped in a manner that would limit the view of the pool. There being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Maroney, to approve VA-2022 with the condition that landscaping be installed to prevent the pool from being highly visible from the roadway. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - o.VA-2023 - Charles Geiger requesting variances from the Land Development Code for property located at 135 East Park Avenue Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing. Officer Charles Geiger, 135 East Park Avenue, provided additional detail on the improvements being made in the parking area. There was discussion on the type of fence being installed. Vincent and Jessica Briscoe, 104 North Park Place, were concerned the fence would be on there property. Mr. Lear stated the fence would have to be installed on the subject property. Officer Page 6City of Edgewater Printed on 10/7/2020 August 12, 2020Planning and Zoning Board Meeting Minutes Geiger stated there was question about where the property line was, and that a survey is being done. Officer Geiger confirmed the fence would be coated PVC black chain link. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Amalfitano, second by Mr. Wright, to approve VA-2023. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - p.VA-2021 - Mark May, requesting variances from the Land Development Code for property located at 108 Carlson Cove Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing. Mark May, 106 Carlson Cove explained the request further and added they will pull the request for the pergola. He added that he would not cross the property lines. Mr. Amalfitano asked at what elevation the retaining wall would start. Mr. May provided further details on how and where the wall would be installed; he further identified the stormwater management that would be completed. Mr. Andrejkovics confirmed the request was for 108 Carlson Cove and there was another request for 106 Carlson Cove. Mr. Lear stated that was correct, the wall would continue on both properties. Mr. Amalfitano asked what type of fence would be on the wall. Mr. May indicated it would be a black iron fence, Mr. Lear showed the illustration of the proposed fence. Mr. Amalfitano stated the adjacent house belonged to his parents and he felt it would be pleasing to look at and alleviate some of the flooding issues. Chairman Kennedy about a variance for the wall. Mr. Lear explained the variance was for the pavers and the height of the wall with the fence on top of it. Mr. Amalfitano asked if the swale was going to be required; which Mr. May confirmed. Chairman Kennedy stated for the record that a letter of opposition from the resident at 2115 S. Riverside Drive. Mr. Wright asked where that property was in relation to the subject property. Chairman Kennedy indicated it was further south, however Mr. Lear stated they also own property on Carlson Cove. Page 7City of Edgewater Printed on 10/7/2020 August 12, 2020Planning and Zoning Board Meeting Minutes Mr. Maroney discussed possible solutions to installing the pavers with a gap between property lines. Mr. May suggested having the pavers possibly six-inches (6") from the property line. Mr. Andrejkovics asked if he could put pavers up to the property line; Chairman Kennedy stated with a variance. There was discussion as to whether the pavers would be crossing or going to the property line and better options rather than the pavers go up to the property line. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Wright, to approve the four-foot retaining wall and three-foot aluminum fence for a total of seven-feet (7') in height, the paver patio to be located six-inches from the property line and to deny the pergola. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - q.VA-2020 - Mark May, requesting variances from the Land Development Code for property located at 106 Carlson Cove Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing; there being no additional discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Duane, to approve the four-foot retaining wall and three-foot aluminum fence for a total of seven feet (7') in height, the paver patio to be located six-inches from the property line and to deny the pergola.. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Amalfitano 6 - Absent:Eric Rainbird1 - 5. DISCUSSION ITEMS a. Development Services Director's Report 6. ADJOURN There being no further business the meeting adjourned at 7:41 pm. Minutes respectfully submitted by: Bonnie Brown Senior Planner Page 8City of Edgewater Printed on 10/7/2020 104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes Planning and Zoning Board 6:30 PM Council ChambersWednesday, September 16, 2020 1. CALL TO ORDER, ROLL CALL George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, Albert Amalfitano and Eric Rainbird Present 7 - Development Services Director Darren Lear and Senior Planner Bonnie BrownAlso Present 2 - 2. APPROVAL OF MINUTES a.Regular Meeting - July 8, 2020 A motion was made by Mr. Andrejkovics, second by Mr. Amalfitano, to approve the minutes of July 8, 2020. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, Albert Amalfitano, and Eric Rainbird 7 - 3. OLD BUSINESS-PUBLIC HEARING 4. NEW BUSINESS - PUBLIC HEARING a.AN-2005 - Abraham Sanchez requesting annexation of .13± acres of land located at 122 Coleman Street. Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Maroney, to send a favorable recommendation to City Council for AN-2005. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, Albert Amalfitano, and Eric Rainbird 7 - b.CPA-2007 - Abraham Sanchez requesting an amendment to the Comprehensive Plan Future Land Use Map to include .13± acres of land located at 122 Coleman Street as Medium Density Residential. Mr. Lear provided a staff report and recommendation. Chairman Kennedy opened the public hearing; there being no discussion Chairman Kennedy closed Page 1City of Edgewater Printed on 10/7/2020 September 16, 2020Planning and Zoning Board Meeting Minutes the public hearing. A motion was made by Mr. Wright, second by Mr. Amalfitano, to send a favorable recommendation to City Council for CPA-2007. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, Albert Amalfitano, and Eric Rainbird 7 - c.VA-2024 - Tracy L. Hook requesting variances from the Land Development Code for property located at 3403 Vista Palm Drive. Mr. Lear provided a staff report and recommendation. Chairman Kennedy stated that Justin Batista of 3403 Woodland Drive opposes the variance for the shed and attached lean-to. Mr. Andrejkovics asked when the shed was constructed. Chairman Kennedy opened the public hearing. Kerry Archer and Tracey Hardin, 3403 Vista Palm Drive stated the shed was constructed approximately three (3) months ago; he added that while he was building the shed he spoke with Mr. Batista and did not think he opposed the construction. Mr. Archer acknowledged that he was wrong by not obtaining permits. Mr. Andrejkovics asked about the power line and its location to the shed. Mr. Archer clarified it was the power line going to the house from the pole. There was additional discussion regarding the construction of the shed and Mr. Batista's opposition. Chairman Kennedy suggested not making it an issue with his neighbor. Mr. Maroney added that it seemed like a text book case of following the appropriate process; which Mr. Archer acknowledged. Mr. Wright wanted to confirm the applicant was aware that a driveway connection would be required; Mr. Archer stated he was and it was planned. Mr. Rainbird asked for clarification on the recommendation regarding the driveway, Mr. Wright commented that was the reason for his previous question. There being no further discussion Chairman Kennedy closed the public hearing. After the vote Mr. Archer asked for confirmation that the existing driveway could be connected to the structure, which Mr. Lear affirmed. A motion was made by Mr. Wright, second by Mr. Amalfitano, to approve VA-2024 with the condition that a driveway connection is permitted and installed for the structure adjacent to Page 2City of Edgewater Printed on 10/7/2020 September 16, 2020Planning and Zoning Board Meeting Minutes Vista Palm Drive. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, Albert Amalfitano, and Eric Rainbird 7 - 5. DISCUSSION ITEMS a. Development Services Director's Report 6. ADJOURN Page 3City of Edgewater Printed on 10/7/2020 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 City of Edgewater Printed on 10/16/2020Page 1 of 2 powered by Legistar™ 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 10/16/2020Page 2 of 2 powered by Legistar™ Pa u l a CtNatchez L n Ly br a nd LnB eck G ro ve R d S tar R e e f L n P e rs im m o n C irCoral Trace Blvd Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID,IGN, and the GIS U ser Community . Date: 9/28/20 20 Su bject Prope rty Pa u l a CtNatchez L n Ly br a nd LnB eck G ro ve R d S tar R e e f L n P e rs im m o n C irCoral Trace Blvd . Su bject Prope rty Date: 9/28/20 20 TRACT D. FOUND STORM WATER MANAGEMENT FOUND 6o'RAJPR!Y:'� 1/2" !RC · 1/2" IRC EASEMEITT l (3608) N 52°13'19" w 55.00' (3608) ------------ijet)aa==--------=-�o------------- 5' UTUTY EASeJAENT LOT 180 0 0 ui ..... ..- ...... -.:I" <O -.:I" 0 l'-­ C') r-10T 1797r-(6,325 SQ. FT.)-. ICONC. �, �· PAD �□ , ..... �--..---2..,.8.�,,---, !l!.t ROOFED I'! PATIO � 11.0" ONE STORY HOUSE MASONRY & FRAME RESIDENCE #557 g FINISHED FLOOR ELEVATION= 12.47 ' GARAGE FINISHED FLOOR ELEVATION= 12.20 ' G.6' ._ ol 13.T ROOFED ENTRY l!l.J: en Lr, ._ __ 2_0.r __ __. I 10' CONCRETE ;: LU 1'1PRIVA11: DAAINAGE EASEMENT LOT 178 -FOUND1/2" IRC (3608) DRIVEWAY +. FOUND !JuunL1Tv 2" IRC 3608 i •:M-EN_T __ 135.62 �: ----- ----�o==-II-� P.C.P. ELEVATIONS REFERENCE THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 CORAL TRACE BOULEVARD (50' PRIVATE RIGHT OF WAY) 20" U&GUTI· 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. City of Edgewater Printed on 10/16/2020Page 1 of 2 powered by Legistar™ 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. City of Edgewater Printed on 10/16/2020Page 2 of 2 powered by Legistar™ Ruth DrL in d a S tE d ith S tJ e a n n e S tBe u l a h Dr A lic e S tMa r y St La k e Av eMa n g o T r e e Dr S F l a g l e r Av e Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID,IGN, and the GIS U ser Community . Date: 9/10/20 20 Su bject Prope rty Ruth DrL in d a S tE d ith S tJ e a n n e S tBe u l a h Dr A lic e S tMa r y St La k e Av eMa n g o T r e e Dr S F l a g l e r Av e . Su bject Prope rty Date: 9/10/20 20 2014 Legend 910 Lake Ave 6.53 ft N➤➤N© 2020 Google © 2020 Google © 2020 Google 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: ·Eliminate the right turn lane from South Ridgewood Avenue as required by Section 21-52.05(f); ·Allow 10 parking spaces to be nine-feet (9')wide in lieu of the required 10-feet per Section 21-56.02 (d); ·Allow two (2)wall signs in lieu of the maximum one (1)per business façade permitted per 21-650.02 (a); ·Reduce the 15'maneuver depth and minimum 15'turning radius for 90-degree parking per Section 21- 56.02(d) and (f); ·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 ·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) City of Edgewater Printed on 10/16/2020Page 1 of 2 powered by Legistar™ 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. City of Edgewater Printed on 10/16/2020Page 2 of 2 powered by Legistar™ Lincoln RdBoston RdB a n y a n D rAlamanda DrE Indian River Blvd Virginia St S Ri v e r s i d e DrW Indian River BlvdS R i d g e w o o d A v e Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID,IGN, and the GIS U ser Community . Date: 9/14/20 20 Su bject Prope rty Lincoln RdBoston RdB a n y a n D rAlamanda DrE Indian River Blvd Virginia St S Ri v e r s i d e DrW Indian River BlvdS R i d g e w o o d A v e . Su bject Prope rty Date: 9/14/20 20 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. Prior to development of the property a Site Plan must be approved that meets all requirements of the Land Development Code and City of Edgewater Printed on 10/16/2020Page 1 of 2 powered by Legistar™ 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 10/16/2020Page 2 of 2 powered by Legistar™ B o o k er S t S Ri d g e wo o d Av e Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID,IGN, and the GIS U ser Community . Date: 7/30/20 20 Su bject Prope rty S Ridgewood AveBooker StAdmiralty CtE d g ew a t e r L a k e s B l v d Northstar LnSafe Harbor Dr S Ridgewood AveBooker StAdmiralty CtE d g ew a t e r L a k e s B l v d Northstar LnSafe Harbor Dr 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 B o o k er S t S Ri d g e wo o d Av e . Su bject Prope rty Date: 7/30/20 20 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. Prior to development of the property a Site Plan must be approved that meets all requirements of the Land Development Code and City of Edgewater Printed on 10/16/2020Page 1 of 2 powered by Legistar™ 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 10/16/2020Page 2 of 2 powered by Legistar™ Admiralty CtR io G randeN o rt h s ta r L n EdgewaterLakesBlvd B o o k er S t S Ri d g e wo o d Av e Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID,IGN, and the GIS U ser Community . Date: 7/27/20 20 Su bject Prope rty Admiralty CtR io G randeN o rt h s ta r L n EdgewaterLakesBlvd B o o k er S t S Ri d g e wo o d Av e . Su bject Prope rty Date: 7/27/20 20 S af eHarborDr Northstar LnAdmiralty CtE d g ew a t e r L a k e s B l v d Booker St SRidgewoodAveMH-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 S af eHarborDr Northstar LnAdmiralty CtE d g ew a t e r L a k e s B l v d Booker St SRidgewoodAveMH-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 TD 4113 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