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01-07-2019City of Edgewater Printed on 1/4/2019 Page 1 City of Edgewater Meeting Agenda City Council 104 N. Riverside Drive Edgewater, FL 32132 Mike Thomas, Mayor Christine Power, District 1 Amy Vogt, District 2 Megan O'Keefe, District 3 Gary T. Conroy, District 4 Monday, January 7, 2019 6:00 PM Council Chambers FINAL - REVISED We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES - None at this time 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Presentation of awards to the EdgeFest Backyard BBQ winners and the Holiday Light Decorating Contest winners and Christmas Parade Winners. 3.a. Proclamations Presented Outside Chambers 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. City of Edgewater Printed on 1/4/2019 Page 2 City Council Meeting Agenda January 7, 2019 a. Fleet Vehicle Purchase Attachments: FY19 Fleet Vehicle Quotes - PD Patrol SUVs 2018-12-11.pdf FY19 Fleet Vehicle Quotes - PD CID Sedans 2018-12-11.pdf FY19 Fleet Vehicle Quotes - FOPS Service Trucks 2018-12-13.pdf FY19 Fleet Vehicle Quotes - WTP+WWTP Supervisor Trucks 2018-12-13.pdf FY19 Fleet Vehicle Quotes - Stormwater Backhoe 2018-11-09.pdf b. Lift Station #6 Replacement Attachments: M&H LS #6 Replacement Proposal 2018-12-07.pdf c. Approval of Amendment 1 to Loan Agreement WW640530 with the State of Florida Department of Environmental Protection Attachments: WW_State_Federal (w PF) Final Amendment WW640530 AmortizationScheduleReport 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 1st Reading - Ordinance No. 2018-O-28: City of Edgewater requesting amendments to Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the Land Development Code. Attachments: 2018-O-28 b. 1st Reading - Ordinance No. 2018-O-30: Glenn Storch, requesting annexation of 1.37± acres of land located at 4520 South Ridgewood Avenue. Attachments: 2018-O-30 Location Map Aerial c. 1st Reading - Ordinance No. 2018-O-31: Glenn Storch, requesting an amendment to the Future Land Use Map to include 1.37± acres of land located at 4520 South Ridgewood Avenue as Commercial. Attachments: 2018-O-31 Location Map Aerial Future Land Use Map City of Edgewater Printed on 1/4/2019 Page 3 City Council Meeting Agenda January 7, 2019 d. 1st Reading - Ordinance No. 2018-O-32: Glenn Storch, requesting an amendment to the Official Zoning Map to include 1.37± acres of land located at 4520 South Ridgewood Avenue as B-3 (Highway Commercial). Attachments: 2018-O-32 Location Map Aerial Zoning Map e. 1st Reading - Ordinance No. 2018-O-26: Glenn D. Storch requesting approval to establish an RPUD Agreement for 292.5± acres of land located east and west of Volco Road. Attachments: 2018-O-26 Location Map Aerial Map Master Plan Overhead View Zoning Map f. 1st Reading - Ordinance No. 2019-O-05 Florida-Friendly Fertilizer Use Control Attachments: 2019-O-05 Florida-Friendly Fertilizer Use Ordinance.pdf g. Resolution No. 2019-R-01 - City Manager Advisory Board relating to the search for a permanent city manager Attachments: City Manager Advisory Board Gigi Bennington Randy Coslow Ray D'Onofrio Robert Andrejkovics William Dailey Jr h. Resolution No. 2019-R-02 - Calling for a special election due to the resignation of Councilwoman Vogt, District 2 Attachments: special election 9. BOARD APPOINTMENTS - None at this time 10. OTHER BUSINESS a. Mayor and Council appointees to various Boards Attachments: Council Appointments ONLY - 01-07-2019 City of Edgewater Printed on 1/4/2019 Page 4 City Council Meeting Agenda January 7, 2019 b. SD-1802 - Renato Ghizoni, D.R. Horton, Inc., requesting Preliminary Plat approval for a 200-unit single family residential subdivision on 60.68± acres of land located at the southeast corner of S.R. 442 and Air Park Road. Attachments: Location Map Aerial Map Overhead View Street View Preliminary Plat c. Discussion on search for Interim City Manager position Attachments: David Harden Resume (1) Drago Resume & Attachments Edgewater - Jonathan C. McKinney McCroskey Resume & Attachments McNees, Michael Resume 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager 12. CITIZEN COMMENTS 13. 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 1102, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3835,Version:1 COUNCIL AGENDA ITEM SUBJECT: Presentation of awards to the EdgeFest Backyard BBQ winners and the Holiday Light Decorating Contest winners and Christmas Parade Winners. DEPARTMENT: Parks & Recreation Department SUMMARY: BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: City of Edgewater Printed on 12/20/2018Page 1 of 1 powered by Legistar™ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3942,Version:1 COUNCIL AGENDA ITEM SUBJECT: Fleet Vehicle Purchase DEPARTMENT: Environmental Services (Fleet Maintenance Division) SUMMARY: Vehicle & Equipment Requests - FY19: Item #Fund Dept/Div Desc QTY Budget $Actual $ 1 001 Police Patrol Units 2 $90,000.00 $78,770.00 2 001 Police CID Units 2 $29,462 (see notes) $41,890.00 3 440 ES/Field Ops Service Truck 2 $52,000.00 $52,622.00 4 440 ES/WTP & WWTP Truck 2 $52,000.00 $51,320.00 5 448 ES/Stormwater Backhoe 1 $111,000.00 (see notes) $115,181.75 *Each proposed vehicle has a corresponding vehicle identified to be sent to auction. Item #2: There were a total of three vehicles budgeted for the Police department for FY19. One CID Unit SUV at an estimated $29,462 and two Patrol Unit SUV’s estimated at $45,000 each for a total estimated cost of vehicles of $119,462. Fleet Supervisor and Police Department have worked together to determine that it would be most beneficial to purchase 2 sedans rather than 1 SUV for CID at an additional estimated cost of $14,600. The two Patrol SUV’s came in under budget (-$11,230). Police Department has identified savings and reductions in other budgeted line items to account for the remaining difference. Item #5: The cost of the Stormwater Backhoe came in over the budgeted amount of $111,000 by $4,181.75. A new dump truck body was also budgeted in FY19 for the Stormwater division of the Environmental Services Department, however late in Fiscal Year 2018, sufficient funds were available to perform extensive repairs to the existing dump truck body thereby extending its serviceable life. As such, approximately half of the budgeted amount of the new dump truck body is proposed to be used to cover the additional cost. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable 001-5555-580.64-20 $120,660.00 City of Edgewater Printed on 12/20/2018Page 1 of 2 powered by Legistar™ File #:AR-2018-3942,Version:1 440-5555-580.64-20 $103,942.00 448-5555-580.64-10 $115,181.75 (Quotes Attached) BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable Within Respective Funds (001, 440, & 448). RECOMMENDED ACTION: Motion to approve purchase of the requested vehicles. City of Edgewater Printed on 12/20/2018Page 2 of 2 powered by Legistar™ CITY OF EDGMATER ed NNr' IASIMONE Laura Tart.0 (W-*) 004.388-2144 MONEOILITYOFEDGEWATER ORG (Fax) 904-w-6810 Laura.Tor @dwahl-Lwm CENTIPV. Iappreclateyw kdarestandtM opporhaolty to quo& Prlcm plNlshedbyfh R.1ds BherlTa.4swe40orYFAWf AMOChtlonofUoura0e &R.Ada Fhe Chlefs'AMeclaBonAuto ave Cdrbact$FSA17-VEU5..OdmsoblFSA17-VEL1b.0.(ww .MIOrMOrp) lfyouhaanmyq—tia—mgord/ng NMsguopOp/MM calll Veh/dewNibeordmedwfuteexlerlOrunleMarpOCIBodonpurua"Gnlar. V6T1-VCTFFV ENGINE £R WINDOWS/ DOOR LOCKS License Bracket !rs Side (Left Hand) Spotlight 1 UP CAMERA ,EN PLUNGER WIR HANDLE INOP VT LICENSE BRACKET I ODOR POWER WINDOW DELETE RTESY LAMP DISABLE RSE SENSING SYSTEM :D ALIKE, 1284% DTE KEYLESS ENTRY 4PPABLE SWITCHES FOR SYNC TAG�TWO NEW CITY TAG KEYTHIRD KEY 2TOTONE, WHITE DOORS AND ROOF MISCDEEP WINDOW TINT WPLS-LED WHELEN PREMIUM LIGHTBAR PACKAGE (Blue! Blue) 1 W813668, INCLUDES 205 CONTROLLER, SIREN, SPEAKER d MOUNTING BRACKET KIT IONV (2) WHELEN ION HEAD LIGHT SIDE WARNING LIGHTS (BLUE) WIONB) W-ROL (2) WHELEN SPITFIRE IONS FOR REAR DECK - BLUE SFIONB HLF WHELEN HEAD LIGHT FLASHERS CC -UV -L-20 Heavy-duty center console with 12" elope/ 8" level faceplate ams. Allows nosh mounting of long one piece component. FP-WS205HFSO 4"lacoplate for. Whalen 295SLSAG limn controller. FP-MXPR5550 3" lacepl to for a Moterela APX4500 dash -mount radk . FP-ICOMA200 2" faceplate for an team A200 dash-nrount radio. FP-AP3 3" faceplate with three (3) DC outlet holes. Outlets said separately. AC-INBHG 4" internal dual6weroge holdw.. Remove top and Me das 4" open storage compartment. FPSGTRAY 4" face plate shallow buy for miscellaneous Items (cell phone, keys, wallet, sunglasses, etc.). L3-APISET DC outlet and cap. 8oldperore(1) esoh. OrdersuATclenfquanfltlm. AC-FDUV-MNT-26 Console moor plate. AC-ARMMNT-58 Haight adj.,table arm rest with 5"x8" farm pad, boll. le rear of consol, CM-SDMT-SL-HAV Side -mount computer mount, includes TROY'S unique elide-eren feature and easy ono -handed adjustment - CM -LFA S00 Theft -deterrent IsptoP tray for computer up to 15'W x 11.5H TP-E-SL&US-SS New large window front partition with sliding window; and square -hole crawl-thru bracket TROY design allows fug front Beat slid. 2-SAB-FDUV-80 Fmntparntlon blg-boy mounting kit to allow extra seal4mck mcline. No holes drilled, no cutU,rg requbed l Ldt.11etlon. KP -UV -DAP -SS Front partition kick panel assembly-th big-footp..k.la. WG-FDUV-SET Driver and passenger side vertical welded4xar window guards_ AC-UV4IATCH Rear cargo door square -hole window guard. CP -UV -CARGO -XL Tit -up cargo mount to allow access to the spare bre. No cutting or drilling installation- CP-G0403212-TL nstallation.CP-60403212-TL Heavy-duty storage vault., 40" W x 32" L x 12" H. Includes heavy-duty elldes, two (2) draw -tight to tang handles, loam In drawer and carpet on top. TROY PRODUCTS plastic seat with Olfico-Safe seathelt system. Includes rear partition with square -hole pattern and cargo window side panel PS-FDW-OS-R s Other configurations at 46% off master price list. G1 SHADOW BLACK M INTERIOR: CHARCOAL BLACK CLOTH BUCKET SEATING VINYL FLOORING DISCOUNT FOR FULL BUILD PATROL LABOR Total labor houm par spec Includes wire, loom, connectom, PDI and shop supplies: $130 CLE IS TO BE TITLED, AND WHEF.E THE INVOICE IS TO BE MAILED. R unijs P[lnted: 1)/11,16 vvw.duvalf lect.com CITY OF EDGEWATER C-10 Printed: 12/11/18 vwui. duvalfleet-com EDGEWATER LT.xlex ��Holder CITY OF EDGEWATER Duval Forel Fleet Sales BOB 1ASIMONE Laura Torbett 386424-2400 x4091 (Worts) 904381-6599 DIASIMONEACITYOFEDGEWATER ORG (Fax) 904-387-6816 l2ura.Torbett a 4uvalfleet.com 1616 raesat Ave .rat F/_M910 _ - DATE: 12/11119 ._ _ r.Yiiiii•i•' i i r rr•i i •Lv'•i •r•. i L }',ii :%: %'% ::f-� :%t :.•.�%. I appreciate your interest and the opportunity to quota Prices are published by the Florida SherlfPs Assoclatlow Florida Association of Counties A Florida fire Chlefs'Assoclation Automot/ve Contract AIFSAI8-VEL26.0 chassis / FSA18-VEH16.0. (www. Nsherift erg) If you have any questions regarding this quote please call! Vehicle will be ordered white exterior unless specified on purchase order. , -SIZE 4 0 0 0 �STD 0 SPEC 19 ■ ■ J7.UM 2079 FORD FUSONMID 4-DOORADMINISTRATIVE VEHICLES (POH) SE TRIM PACKAGE POWER WINDOWS/ DOOR LOCKS BACK UP CAMERA REMOTE KEYLESS ENTRY EXTERIOR: (1) MAGNETIC, (1) AGATE BLACK INTERIOR: EBONY CLOTH THIRD KEY WITH FOB WINDOW TINT, INCLUDE WINDSHIELD STRIP HD RUBBER FLOOR MATS (FRONT $ REAR) CITY TAG FRONT LICENSE PLATE BRACKET WHELEN UNMARKED PATROL PACKAGE= DUAL AVENGER 11 SERIES, MT ON PASSENGER SIDE WINDSHIELD- BLUE (2) SINGLE AVENGER 11 SERIES FOR REAR DECK- BLUE (2) MICRONS WITH BRACKET FOR FRONT GRILLE, (2) VERTEX FOR TAIL LAMP- WHITE HANDHELD CONTROL, SIREN 100 WATT SPEAKER AND MOUNTING BRACKETS FOR FORD FUSION Total labor hours per spec. Includes wire, loom, connectors, PDI and shop supplies: $100 17,850.00 $ - $ $ _ O DT $ 0 $ 3K $ 395.00 0 TINT 365.00 D; MATS $ 140.00 0 TAG $ 230.00 0 153 _ WEUMP $ 1,165.00 0 $ - - - - $ LABOR $ 800 00 VENDOR COMMENTS PLEASE CLEARLY NOTATE ON YOUR PURCHASE ORDER WHERE DUVAL FORD IS TO SHIP YOUR VEHICLE, HOW THE VEHICLE IS TO BE TITLED, AND WHERE THE INVOICE IS TO BE MAILED. TOTALPURCHASE Printed: 12/11/18 vwui. duvalfleet-com EDGEWATER LT.xlex BOB iAS1MONE 386-424.2400 x4091 FIELD OPS Laura Torbett (Work) 904381-6599 (Fax) 904-387-6-816 La ura.Torbettoduva If leet. co m 1616 Cassat Ave. Jax. FL 32210 I appreciate your interest and the opportunity to quota. Prices are published by the Florida Sheriffs Assoclatlow Florida Association of Counties & Florida Fire Chlefs'Assoclatlon Automotive Contract IYFSAI8-VEL26.0 chassis/ FSA18-VEH16.0. (www.flsher1ffs.org) H you have any questions regarding Misquote please calla Vehicle will be ordered white exterior unless spec~ on purchase order. 4 - - ✓r-IUV I/L IVIG/Cl�✓C✓✓NO r/VI�✓r IRVLr/�-Y/:L (A/V/ .p LI,rOO.VV 0 / 6 A XL TRIM PACKAGE $ _ 3.3L V6 TI -VCT WITH FLEX -FUEL $ - 0 145" WHEEL 13ASE 6.5' BED $ - 0 POWER WINDOWS/ DOOR LOCKS $ - 0 YZ EXTERIOR: OXFORD WHITE $ - AG INTERIOR: GRAY VINYL INTERIOR 40/20/40 $ 0 $ - 0' TINT DEEP WINDOW TINT (NO STRIP) $ 345.00 0 47R ALL WEATHER FLOOR MATS $ 134.00 0 18B CAB STEPS $ 249.00 0 90P HD LOW PROFILE ALUMINUM TOOL BOX (DEALER INSTALLED) $ 550.00 153 FRONT LICENSE PLATE BRACKET - 96W SPRAY IN BEDLINER 594.00 ' 3K THIRD KEY WITH FOB $ 395.00. VTX609 WHELEN VERTEX FOUR CORNER LED LIGHTS- WHITE ( FRONT 2 WILL BE SURFACE MOUNTED ON GRILLE) $ 284.00 TAG CITY TAG AND TITLE $ 230.00 0 HD TOW HD TRAILER TOWING PACKAGE WITH 2" BALL $ 1,294.00 0 - 4 LABOR Total labor hours per spec. Includes wire, loom, connectors, PDI and shop supplies: $120 $ 480.00 PLEASE CLEARLY NOTATE ON YOUR. PURCHASE ORDER WHERE DUVAL FORD IS TO VENDOR SHIP YOUR VEHICLE, HOW THE VEHICLE IS TO BE TITLED, AND WHERE THE INVOICE I COMMENTS II IS TO BE MAILED. Printed: 12/13/18 www. duvalfleet.com EDGEWATER LT.xlex SUPERVISOR DATE: CITY OF EDGEWATER Duval Ford Fleet Sales 12113118 BOB IASIMONE Laura Torbeft 386-424-2400 x4091 (Work) 904481-6599 BIASIMONEOCITYOFEDGEWATER.ORG (Fax) 904-387-6816 LaLjra.TorbettPduva1flee1.ccm 1616 C7assat Ave. Jar, FL?7710 I appreciate your Interest and the opportunify to quote. Prices are published by the Florida SherWs Association/ Florida Association of Counties &I'larlda Fife Chlefs'Assoclation Automotive Cwtract#FSA18-VEL26.0 chassial FSA18-VEH16.0.(www.ffsherfffkorg) ffyou have any questions regarding this quote please call! Vehicle will be "dared while exterior unless specified on purchase order. Q SPEC 55 106A oB 145 YZ 0 FORD F-150112 TON EXTENDED CAB PICKUP TRUCK - 4X2 (X1 C) XL TRIM PACKAGE 3_3L V6 TI -VCT WITH FLEX -FUEL 145" WHEEL BASE 6.5' BED POWER WINDOWS/ DOOR LOCKS EXTERIOR: OXFORD WHITE INTERIOR: GRAY VINYL INTERIOR 40/20/40 DEEP WINDOW TINT (NO STRIP) ALL WEATHER FLOOR MATS SPEED CONTROL CAB STEPS HD LOW PROFILE ALUMINUM TOOL BOX (DEALER INSTALLED) FRONT LICENSE PLATE BRACKET SPRAY IN BEDLINER SYNC THIRD KEY WITH FOB WHELEN VERT" FOUR CORNER LED LIGHTS- WHITE (FRONT 2 WILL BE SURFACE MOUNTED ON GRILLE) CITY TAG AND TITLE Total labor hours per spec. Includes wire, loom, connectors, PDI and shop supplies: $120 21 756.00 $ $ $ 0 AG $ 6-- $ 0 " TINT $ 345.00 0 47R $ 134.00 0 SOS $ 224,00 18B $ 249_0_0 0 90P $ 550-00 4. 1153 $ - 0'- 96W 594.00 41 P $ 419.00 3K $ 395.00 4 VTX609 284.00h. TAG $ 230.00 0 $ 4'' ILABOR $ 480.00 VENDOR COMMENTS ISHIP PLEASE CLEARLY NOTATE ON YOUR PURCHASE ORDER WHERE DLIVA L FORD IS TO YOUR VEHICLE, HOW THE VEHICLE IS TO BE TITLED, AND WHERE THE INVOICE IS TO BE MAILED. P Printed: 12113118 www, duvalfleet.ccm EDGEWATER LT.xlsx Jack Condrey Governmental Territory Manager DOBBS Dobbs Equipment LLC 4333 N John Young Pkwy Orlando, FL 32804 E Q U I P M E N T Phone (407) 299-1212 Cell (863) 393-8023 Jack.condrey@dobbsequipment.com wwwdobbsequipment.com Florida Sheriff's Association Florida Association of Counties Contract FSA18-VEH16.0 4x4 Backhoe with Canopy Spec #28 November- 9, 2018 Bob Iasimone City of Edgewater - Fleet Dept. Dobbs Equipment is pleased to quote you the following equipment per contract specification: One new John Deere 310SL 4x4 Backhoe Loader Contract Price: $70,725.00 Upgrade to John Deere 410L 4x4 Backhoe Loader- $18,075.00 Equipment on 410L quoted on contract: 1065 JD Powertech Final Tier 4 Diesel Engine 170C JD Link (GPS and Diagnostics) 5 Year 2015 Canopy ROPS 3065 MFWD with Limited Slip 4466 Tires - 21L24 Rear, 12.5/80-18 Front 5225 2 -Lever Mechanical Backhoe Controls 5400 Less Quick Coupler 5656 24" HD 7.5 CU FT Backhoe Bucket 6010 Standard Dipper Stick 6210 Less Rear Auxiliary Hydraulics 7025 Single Lever Loader Control 7655 1.5 CYD Loader Bucket 8425 450LB Counterweight 3635 Single Battery with Jump Post Stated Options 2035 Cab with Heat & A/C $9,998.00 5285 Pilot Joystick Backhoe Controls $1,686.00 6020 Extendable Dipper Stick $5,492.00 7085 Hydraulic Front Loader Coupler $6,610.00 31,1 Function Hyd. & Ride Control Included $971.00 Stated Options Total: $23,786.00 Non -Stated Options 4482 Galaxy 550 — 500/70R24, 340/80R18 $1,882.00 5410 Deere Backhoe Coupler $1,231.00 7660 1.5 CYD Loader Coupler Bucket $3,569.00 7655 Less 1.5 CYD Pin -on Bucket -$3,569.00 8455 7501b Front Counterweight $971.00 8425 Less 4501b. Counterweight -$599.00 5626 18" HD 5.1 CU FT Bucket $1,309.00 5656 Less 24" 11D 7.5 CU FT Bucket -$1.333.00 Non -Stated Options Sub -total: $3,461.00 Less Contract Discount of 25% -$865.25 Non -Stated Options Total: $2.595.75 Total Delivered Price to City of Edgewater Page 2 $115,181.75 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3949,Version:1 COUNCIL AGENDA ITEM SUBJECT: Lift Station #6 Replacement DEPARTMENT: Environmental Services SUMMARY: In June 2016, Mead & Hunt, Inc. (f.k.a. Quentin L Hampton Assoc. Inc.) was authorized to design and permit a replacement of Lift Station #6 due to its deterioration and obsolescence over time. Due to funding constraints following Hurricane Matthew (October 2016), work on this project was suspended at the 90% design stage and the project entered abeyance pending FEMA reimbursement (PFR). Sufficient funds were budgeted in FY19 to complete the design, permitting, bidding, and construction of LS-6. The attached proposal from Mead & Hunt, Inc. would authorize the completion of design, permitting, bidding, and construction phase services for Lift Station #6. Lift Station #6 is located on 16th Street just east of Industrial Street. Original Authorization: $21,500 Design, Permitting, & Bidding Phases Amount Expended: $13,561.10 Amount Unspent: (-$7,938.90) New Proposal:$18,590 Complete Original Authorization plus Construction Phase BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable 444-5555-580.64-10 BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve the proposal from Mead & Hunt, Inc. for Lift Station #6 Replacement City of Edgewater Printed on 12/20/2018Page 1 of 1 powered by Legistar™ Mead 11 lunt December 7, 2018 4401 Eastport Parkway Port Orange, PL 32127 386-761-6810 Randy Coslow, P.E. Interim Environmental Services Director City of Edgewater P.O. Box 100 Edgewater, FL 32032 CITY OF EDGEWATER LIFT STATION #6 REPLACEMENT ENGINEERING SERVICES FEE ESTIMATE Dear Randy, In accordance with your request, we are pleased to offer the enclosed fee estimate for the services required to complete the design and permitting of the above referenced project. As you're aware the project was placed in abeyance at the 90% design stage in 2016 due to hurricane recovery efforts that required the City to focus its efforts on more immediate issues. The project was initially undertaken due to the existing wet well mounted lift station being outdated and being in need of replacement. Proposed services include completion of the preparation of plans, specifications, permit applications and bid documents for construction of one (1) new station and associated mechanical and electrical components. The fee estimate also includes bidding assistance and construction phase services. Design and construction phase services, and estimated fees are detailed below: Lift Station Design and Permitting Electrical Design Bidding Assistance Printing Design Phase Sub -total Contract Administration Periodic Construction Monitoring (40 hrs. @$65.00/hr.) Construction Phase Services $4,940 $1,500 $4,500 250 $11,190 $ 4,800 $2,600 $7,400 Design and Construction Phase Services Lump Sum Total $18,590 It is estimated that design and construction activities will require approximately 60 days and 150 days, respectively. Permit application fees will be paid directly by the City. Part time inspection was estimated at 40 hours; if additional inspection time is required it will be billed under the general inspection continuing services contract. If Florida Sales Tax becomes due on professional services, the City shall reimburse Mead & Hunt for the additional sales tax cost. Thank you for this opportunity to continue to be of service. If you have additional questions, or require further assistance, do not hesitate to contact our office. Sincerely, Mead & Hunt, Brad ai John Mischle aVice et Leader Production Manager BTB/JM:bf MEAD & HUNT, INC. Brad T. Blais,U Vice Presiden a et L der CITY OF EDGEWATER "PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF MEAD & HUNT INC., MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE." IF THE CONTRACTOR (MEAD & HUNT, INC.) HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (MEAD & HUNT, INC.'s) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT (PROPOSAL), CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY HALL, CITY OF EDGEWATER, 104 N. RIVERSIDE DRIVE, EDGEWATER, FL 32132, City Clerk, Robin L. Matusick, (386) 424-2400, Ext. 1102, rmatusick(c_CITYOFEDGEWATER.ORG. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3956,Version:1 COUNCIL AGENDA ITEM SUBJECT: Approval of Amendment 1 to Loan Agreement WW640530 with the State of Florida Department of Environmental Protection DEPARTMENT: Environmental Services SUMMARY: At the September 6, 2016, City Council meeting, Resolution 2016-R-31 was approved to file an application for a State Revolving Fund (SRF) Loan to the Florida Department of Environmental Protection for the Design Cost of the Reclaimed Water Main Extension Project. The design has been completed and this amendment will finalize the actual cost of the design and identify the terms of the loan agreement as outlined. Semiannual loan payments shall be $9,183.38. BUDGETED ITEM:☒ Yes ☐ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☒ No ☐ Not Applicable RECOMMENDED ACTION: A motion to approve Amendment 1 to Loan Agreement WW640530 and authorize the Mayor to execute the document. City of Edgewater Printed on 12/20/2018Page 1 of 1 powered by Legistar™ 1 STATE REVOLVING FUND AMENDMENT 1 TO LOAN AGREEMENT WW640530 CITY OF EDGEWATER This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF EDGEWATER, FLORIDA, (Local Government) existing as a local governmental entity under the laws of the State of Florida. Collectively, the Department and the Local Government shall be referred to as “Parties” or individually as “Party”. The Department and the Local Government entered into a State Revolving Fund Loan Agreement, Number WW640530, authorizing a Loan amount of $336,500, excluding Capitalized Interest, and The Semiannual Loan Payment amount and Project costs need adjustment to reflect actual costs; and Certain provisions of the Agreement need to be revised. The Parties hereto agree as follows: 1. The total amount awarded is $336,500 and the Loan Service Fee is $6,730. The fee represents two percent of the Loan amount excluding Capitalized Interest; that is, two percent of $336,500. 2. The total amount of the Loan is $344,732.83, which consists of $336,500.00 disbursed to the Local Government, $1,502.83 of accrued Capitalized Interest and $6,730.00 of service fee charges. 3. The total amount remaining to repay, which amount accounts for the Department’s receipt of 1 Semiannual Loan Payment is $336,560.15, consisting of unpaid principal of the Loan of $329,830.15 and an unpaid service fee charge of $6,730.00 both at a Financing Rate of 0.63 percent per annum (the interest rate is 0.315 percent per annum, and the Grant Allocation Assessment rate is 0.315 percent per annum). 4. The Semiannual Loan Payment amount, adjusted to account for repayments received to date, is hereby revised and shall be in the amount of $9,183.38. Such payments shall be received by the Department on March 15, 2019 and semiannually thereafter on September 15 and March 15 of each year until all amounts due hereunder have been fully paid. 5. Subsection 2.03(4) of the Agreement is deleted and replaced as follows: (4) Record Retention. The Local Government shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date of the Final Amendment, and 2 shall allow the Department, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Local Government shall ensure that working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date of the Final Amendment, unless extended in writing by the Department. 6. Project Costs are revised as follows: The Local Government and the Department acknowledge that changes in Project costs may occur as a result of an audit. Unless this Agreement is amended subsequent to an audit, the following Project disbursements shall be final. CATEGORY PROJECT COSTS ($) Design Costs 336,500.00 Capitalized Interest 1,502.83 TOTAL (Loan Principal Amount) 338,002.83 7. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 3 This Amendment 1 to Loan Agreement WW640530 may be executed in two or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this Agreement to be executed on its behalf by the Secretary or Designee and the Local Government has caused this Agreement to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this Agreement shall be as set forth below by the Department. for CITY OF EDGEWATER _________________________________________ Mayor Attest: Approved as to form and legal sufficiency: City Clerk City Attorney SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or Designee Date Fri, 7 Dec 2018 12:16 Page 1 of 7 Calculation of Semiannual Payment for Remaining Years Sponsor: Edgewater Funding Number: 640530 Beginning of Repayment Period: 03/15/2018 Payments Remaining: 39 Original Loan Combined Rate: .63 Date Balance Forward Disbursement Or Serv. Fee Comb. Int At 03/15/2019 Total Owed At 03/15/2019 Present Value* At 09/15/2018 Payment Amount 09/15/2018 314,118.14 0.00 989.47 315,107.61 12/04/2018 0.00 15,712.00 27.39 15,739.39 12/07/2018 0.00 6,730.00 11.38 6,741.38 Totals: 337,588.39 336,528.32 9,183.38 Totals: 337,588.39 336,528.32 9,183.38 *Present value is the total owed divided by (1+(Combined interest rate)/2) The Payment Amount is computed using the present value. Fri, 7 Dec 2018 12:16 Page 2 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule *** Sponsor: Edgewater Funding Number: 640530 Original Loan Interest: .315 GAA Rate: .315 Date Pmt. No. Payment Serv. Fee Paid SF Interest Interest Grt. All. Assmt. Principal Paid Total to Pay* 03/15/2018 0.00 0.00 0.00 0.00 0.00 0.00 322,290.83 09/15/2018 1 9,178.00 0.00 0.00 502.66 502.66 8,172.68 314,118.14 03/15/2019 2 9,183.38 6,730.00 11.38 508.44 508.44 1,425.12 328,405.02 09/15/2019 3 9,183.38 0.00 0.00 517.24 517.24 8,148.90 320,256.12 03/15/2020 4 9,183.38 0.00 0.00 504.40 504.40 8,174.58 312,081.54 09/15/2020 5 9,183.38 0.00 0.00 491.53 491.53 8,200.32 303,881.22 03/15/2021 6 9,183.38 0.00 0.00 478.61 478.61 8,226.16 295,655.06 09/15/2021 7 9,183.38 0.00 0.00 465.66 465.66 8,252.06 287,403.00 03/15/2022 8 9,183.38 0.00 0.00 452.66 452.66 8,278.06 279,124.94 09/15/2022 9 9,183.38 0.00 0.00 439.62 439.62 8,304.14 270,820.80 03/15/2023 10 9,183.38 0.00 0.00 426.54 426.54 8,330.30 262,490.50 09/15/2023 11 9,183.38 0.00 0.00 413.42 413.42 8,356.54 254,133.96 03/15/2024 12 9,183.38 0.00 0.00 400.26 400.26 8,382.86 245,751.10 09/15/2024 13 9,183.38 0.00 0.00 387.06 387.06 8,409.26 237,341.84 03/15/2025 14 9,183.38 0.00 0.00 373.81 373.81 8,435.76 228,906.08 Fri, 7 Dec 2018 12:16 Page 3 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule *** Sponsor: Edgewater Funding Number: 640530 Original Loan Interest: .315 GAA Rate: .315 Date Pmt. No. Payment Serv. Fee Paid SF Interest Interest Grt. All. Assmt. Principal Paid Total to Pay* 09/15/2025 15 9,183.38 0.00 0.00 360.53 360.53 8,462.32 220,443.76 03/15/2026 16 9,183.38 0.00 0.00 347.20 347.20 8,488.98 211,954.78 09/15/2026 17 9,183.38 0.00 0.00 333.83 333.83 8,515.72 203,439.06 03/15/2027 18 9,183.38 0.00 0.00 320.42 320.42 8,542.54 194,896.52 09/15/2027 19 9,183.38 0.00 0.00 306.96 306.96 8,569.46 186,327.06 03/15/2028 20 9,183.38 0.00 0.00 293.47 293.47 8,596.44 177,730.62 09/15/2028 21 9,183.38 0.00 0.00 279.93 279.93 8,623.52 169,107.10 03/15/2029 22 9,183.38 0.00 0.00 266.34 266.34 8,650.70 160,456.40 09/15/2029 23 9,183.38 0.00 0.00 252.72 252.72 8,677.94 151,778.46 03/15/2030 24 9,183.38 0.00 0.00 239.05 239.05 8,705.28 143,073.18 09/15/2030 25 9,183.38 0.00 0.00 225.34 225.34 8,732.70 134,340.48 03/15/2031 26 9,183.38 0.00 0.00 211.59 211.59 8,760.20 125,580.28 09/15/2031 27 9,183.38 0.00 0.00 197.79 197.79 8,787.80 116,792.48 03/15/2032 28 9,183.38 0.00 0.00 183.95 183.95 8,815.48 107,977.00 09/15/2032 29 9,183.38 0.00 0.00 170.06 170.06 8,843.26 99,133.74 Fri, 7 Dec 2018 12:16 Page 4 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule *** Sponsor: Edgewater Funding Number: 640530 Original Loan Interest: .315 GAA Rate: .315 Date Pmt. No. Payment Serv. Fee Paid SF Interest Interest Grt. All. Assmt. Principal Paid Total to Pay* 03/15/2033 30 9,183.38 0.00 0.00 156.14 156.14 8,871.10 90,262.64 09/15/2033 31 9,183.38 0.00 0.00 142.16 142.16 8,899.06 81,363.58 03/15/2034 32 9,183.38 0.00 0.00 128.15 128.15 8,927.08 72,436.50 09/15/2034 33 9,183.38 0.00 0.00 114.09 114.09 8,955.20 63,481.30 03/15/2035 34 9,183.38 0.00 0.00 99.98 99.98 8,983.42 54,497.88 09/15/2035 35 9,183.38 0.00 0.00 85.83 85.83 9,011.72 45,486.16 03/15/2036 36 9,183.38 0.00 0.00 71.64 71.64 9,040.10 36,446.06 09/15/2036 37 9,183.38 0.00 0.00 57.40 57.40 9,068.58 27,377.48 03/15/2037 38 9,183.38 0.00 0.00 43.12 43.12 9,097.14 18,280.34 09/15/2037 39 9,183.38 0.00 0.00 28.79 28.79 9,125.80 9,154.54 03/15/2038 40 9,183.38 0.00 0.00 14.42 14.42 9,154.54 0.00 Subtotals: 367,329.82 6,730.00 11.38 11,292.81 11,292.81 338,002.82 *Total to pay may reflect activity during repayment term Fri, 7 Dec 2018 12:16 Page 5 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule *** Sponsor: Edgewater Funding Number: 640530 All Increments Combined Date Pmt. No. Payment Serv. Fee Paid SF Interest Interest Grt. All. Assmt. Principal Paid Total to Pay* 03/15/2018 0.00 0.00 0.00 0.00 0.00 0.00 322,290.83 09/15/2018 1 9,178.00 0.00 0.00 502.66 502.66 8,172.68 314,118.14 03/15/2019 2 9,183.38 6,730.00 11.38 508.44 508.44 1,425.12 328,405.02 09/15/2019 3 9,183.38 0.00 0.00 517.24 517.24 8,148.90 320,256.12 03/15/2020 4 9,183.38 0.00 0.00 504.40 504.40 8,174.58 312,081.54 09/15/2020 5 9,183.38 0.00 0.00 491.53 491.53 8,200.32 303,881.22 03/15/2021 6 9,183.38 0.00 0.00 478.61 478.61 8,226.16 295,655.06 09/15/2021 7 9,183.38 0.00 0.00 465.66 465.66 8,252.06 287,403.00 03/15/2022 8 9,183.38 0.00 0.00 452.66 452.66 8,278.06 279,124.94 09/15/2022 9 9,183.38 0.00 0.00 439.62 439.62 8,304.14 270,820.80 03/15/2023 10 9,183.38 0.00 0.00 426.54 426.54 8,330.30 262,490.50 09/15/2023 11 9,183.38 0.00 0.00 413.42 413.42 8,356.54 254,133.96 03/15/2024 12 9,183.38 0.00 0.00 400.26 400.26 8,382.86 245,751.10 09/15/2024 13 9,183.38 0.00 0.00 387.06 387.06 8,409.26 237,341.84 03/15/2025 14 9,183.38 0.00 0.00 373.81 373.81 8,435.76 228,906.08 Fri, 7 Dec 2018 12:16 Page 6 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule *** Sponsor: Edgewater Funding Number: 640530 All Increments Combined Date Pmt. No. Payment Serv. Fee Paid SF Interest Interest Grt. All. Assmt. Principal Paid Total to Pay* 09/15/2025 15 9,183.38 0.00 0.00 360.53 360.53 8,462.32 220,443.76 03/15/2026 16 9,183.38 0.00 0.00 347.20 347.20 8,488.98 211,954.78 09/15/2026 17 9,183.38 0.00 0.00 333.83 333.83 8,515.72 203,439.06 03/15/2027 18 9,183.38 0.00 0.00 320.42 320.42 8,542.54 194,896.52 09/15/2027 19 9,183.38 0.00 0.00 306.96 306.96 8,569.46 186,327.06 03/15/2028 20 9,183.38 0.00 0.00 293.47 293.47 8,596.44 177,730.62 09/15/2028 21 9,183.38 0.00 0.00 279.93 279.93 8,623.52 169,107.10 03/15/2029 22 9,183.38 0.00 0.00 266.34 266.34 8,650.70 160,456.40 09/15/2029 23 9,183.38 0.00 0.00 252.72 252.72 8,677.94 151,778.46 03/15/2030 24 9,183.38 0.00 0.00 239.05 239.05 8,705.28 143,073.18 09/15/2030 25 9,183.38 0.00 0.00 225.34 225.34 8,732.70 134,340.48 03/15/2031 26 9,183.38 0.00 0.00 211.59 211.59 8,760.20 125,580.28 09/15/2031 27 9,183.38 0.00 0.00 197.79 197.79 8,787.80 116,792.48 03/15/2032 28 9,183.38 0.00 0.00 183.95 183.95 8,815.48 107,977.00 09/15/2032 29 9,183.38 0.00 0.00 170.06 170.06 8,843.26 99,133.74 Fri, 7 Dec 2018 12:16 Page 7 of 7 State Revolving Fund Loan *** Amortized Repayment Schedule *** Sponsor: Edgewater Funding Number: 640530 All Increments Combined Date Pmt. No. Payment Serv. Fee Paid SF Interest Interest Grt. All. Assmt. Principal Paid Total to Pay* 03/15/2033 30 9,183.38 0.00 0.00 156.14 156.14 8,871.10 90,262.64 09/15/2033 31 9,183.38 0.00 0.00 142.16 142.16 8,899.06 81,363.58 03/15/2034 32 9,183.38 0.00 0.00 128.15 128.15 8,927.08 72,436.50 09/15/2034 33 9,183.38 0.00 0.00 114.09 114.09 8,955.20 63,481.30 03/15/2035 34 9,183.38 0.00 0.00 99.98 99.98 8,983.42 54,497.88 09/15/2035 35 9,183.38 0.00 0.00 85.83 85.83 9,011.72 45,486.16 03/15/2036 36 9,183.38 0.00 0.00 71.64 71.64 9,040.10 36,446.06 09/15/2036 37 9,183.38 0.00 0.00 57.40 57.40 9,068.58 27,377.48 03/15/2037 38 9,183.38 0.00 0.00 43.12 43.12 9,097.14 18,280.34 09/15/2037 39 9,183.38 0.00 0.00 28.79 28.79 9,125.80 9,154.54 03/15/2038 40 9,183.38 0.00 0.00 14.42 14.42 9,154.54 0.00 Totals: 367,329.82 6,730.00 11.38 11,292.81 11,292.81 338,002.82 *Total to pay may reflect activity during repayment term City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2018-O-28,Version:2 COUNCIL AGENDA ITEM SUBJECT: 1st Reading - Ordinance No. 2018-O-28: City of Edgewater requesting amendments to Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the Land Development Code. DEPARTMENT: Development Services SUMMARY: The Land Development Code should be amended from time to time for clarification and to update outdated regulations. Article III (Permitted, Conditional, Accessory and Prohibited Uses) amendments include, but are not limited to the following: ·Permitting manufactured/mobiles homes in the AG and RT zoning districts; ·Including Personal Service in the regulations for Residential Professional; ·Clarifying language for dumpsters; ·Removing the requirement for a ground sign planter for properties zoned RP (Residential Professional) and including ground sign base specifications; ·Amending Section 21-35.01 (Alcoholic Beverages) to be consistent with Florida Statutes; ·Additional and clarifying language for Accessory Uses; ·Additional language for above-ground swimming pool barriers; ·Clarification of Fences, Walls and Hedges. The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of September 19, 2018. At their regular meeting of October 1, 2018 City Council continued the request for staff to review the proposed maximum size permitted for accessory buildings. After further research staff has determined that a maximum of 60% of the total square feet of the primary structure is adequate and would still maintain cohesive development in residential areas. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2018-O-28 City of Edgewater Printed on 12/20/2018Page 1 of 1 powered by Legistar™ Strike through passages are deleted. 1 Underlined passages are added. 2018-O-28 ORDINANCE NO. 2018-O-28 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES), OF CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On July 10, 2000, City Council adopted Ordinance #2000-O-12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 2. On June 5, 2017, City Council adopted Ordinance # 2017-O-16 which amended and restated Chapter 21 (Land Development Code), Article II (Definitions), Article III (Permitted, Conditional, Accessory and Prohibited Uses), Article V (Site Design Regulations), and Article VI (Sign Regulations). 3. Adoption of this Ordinance will modify the above-referenced Articles of Chapter 21 (Land Development Code). NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES) OF CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. Strike through passages are deleted. 2 Underlined passages are added. 2018-O-28 Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending Article III (Permitted, Conditional, Accessory and Prohibited Uses) as set forth in Exhibit “A”, which is attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word “ordinance”, may be changed to “section”, “article”, or other appropriate word, and the sections of this ordinance may be renumbered or re-lettered to accomplished such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Strike through passages are deleted. 3 Underlined passages are added. 2018-O-28 PART F. ADOPTION. After Motion to CONTINUE TO THE NOVEMBER COUNCIL MEETING by Councilwoman Power with second by Councilwoman Vogt, the vote on the first reading of this ordinance held on October 1, 2018 was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt X Councilwoman Megan O’Keefe X Councilman Gary T. Conroy X After Motion to approve by _______________ and second by _________________ , the vote on the first reading of this ordinance held on January 7, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary T. Conroy Strike through passages are deleted. 4 Underlined passages are added. 2018-O-28 After Motion to approve by _________________ and second by _______________ , the vote on the second reading of this ordinance held on February 4, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary T. Conroy PASSED AND DULY ADOPTED this ____ day of _________________, 2019. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:___________________________ Robin L. Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this _____ day of __________, 2019 under Agenda Item No. 8_____. Strike through passages are deleted. 5 Underlined passages are added. 2018-O-28 Exhibit “A” ARTICLE III Strike through passages are deleted. 6 Underlined passages are added. 2018-O-28 ARTICLE III PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES SECTION 21-30 – GENERAL PROVISIONS .................................................................... III-8 21-30.01 – Purpose ................................................................................................................ III-8 21-30.02 – District Boundaries .............................................................................................. III-8 21-30.03 – Application of Districts ....................................................................................... III-9 21-30.04 – Official Zoning Map ............................................................................................ III-9 21-30.05 – Comprehensive Plan Consistency ..................................................................... III-10 SECTION 21-31 – COMPREHENSIVE PLAN RELATIONSHIP ................................. III-10 21-31 - Table III-1 ............................................................................................................... III-11 SECTION 21-32 – ZONING DISTRICT DESCRIPTIONS............................................. III-11 21-32.01 – Zoning District Descriptions ............................................................................. III-11 21-32.01 – Table III-2 .......................................................................................................... III-12 SECTION 21-33 – USES AND RESTRICTIONS ............................................................. III-13 21-33.01 – Purpose .............................................................................................................. III-13 21-33.02 – Permitted Uses ................................................................................................... III-13 21-33.03 – Conditional Uses ............................................................................................... III-13 21-33.04 – Accessory Uses .................................................................................................. III-13 21-33.05 – Table III-3 .......................................................................................................... III-14 SECTION 21-34 – SPECIAL USE REQUIREMENTS .................................................... III-20 21-34.01 – Home Occupations ............................................................................................ III-20 21-34.02– Community Residential Homes (CRH) .............................................................. III-21 21-34.03 – Adult Living Facilities (ALF) ........................................................................... III-22 21-34.04 – Salvage Yards .................................................................................................... III-23 21-34.05 – Refuse and Dumpsters ....................................................................................... III-23 21-34.06 – Kennels .............................................................................................................. III-24 21-34.07 – Mini-warehouses ............................................................................................... III-24 21-34.08 – Bed & Breakfasts ............................................................................................... III-25 21-34.09 – Nursing Homes .................................................................................................. III-25 21-34.10 – Residential Professional Offices ........................................................................ III-26 SECTION 21-35 – PROHIBITED USES............................................................................ III-27 21-35.01 – Alcoholic Beverages .......................................................................................... III-27 SECTION 21-36 – ACCESSORY USE REQUIREMENTS ............................................. III-27 21-36.01 – Purpose .............................................................................................................. III-27 21-36.02 – General Regulations .......................................................................................... III-27 21-36.03 – Outdoor Storage and Display: Commercial/Industrial ...................................... III-28 21-36.04 – Satellite Dishes and Antennas ........................................................................... III-29 21-36.05 – Places of Worship – Schools/Child Care........................................................... III-30 Strike through passages are deleted. 7 Underlined passages are added. 2018-O-28 21-36.06 – Boathouses ......................................................................................................... III-30 21-36.07 – Boat Docks and Slips ......................................................................................... III-31 21-36.08 – Canopies/Temporary Carports and Tents .......................................................... III-31 21-36.09 – Swimming Pools ................................................................................................ III-32 SECTION 21-37 – SPECIAL ACTIVITY/PERMIT REQUIREMENTS ....................... III-34 21-37.01 – Purpose/Scope ................................................................................................... III-34 21-37.02 – Definitions ......................................................................................................... III-35 21-37.03 – Special Activity Permit Requirements .............................................................. III-36 21-37.04 – Special Activity Permit Application Process .................................................... III-36 21-37.05 – Special Activity Permit Criteria ........................................................................ III-37 21-37.06 – Temporary Structures ........................................................................................ III-37 21-37.07 – Inspections to Ensure Compliance .................................................................... III-37 21-37.08 – Penalties ............................................................................................................. III-37 21-37.09 – Exceptions ......................................................................................................... III-38 SECTION 21-38 – FENCES, WALLS and HEDGES ....................................................... III-38 21-38.01 – Purpose .............................................................................................................. III-38 21-38.02 – General Requirements ....................................................................................... III-38 21-38.03 – Site Triangle Requirements ............................................................................... III-39 SECTION 21-39 – PAIN CLINICS ..................................................................................... III-43 21-39.01 – Purpose .............................................................................................................. III-43 21-39.02 – General Requirements ....................................................................................... III-43 Strike through passages are deleted. 8 Underlined passages are added. 2018-O-28 ARTICLE III PERMITTED USES, CONDITIONAL USES, ACCESSORY USES AND PROHIBITED USES SECTION 21-30 – GENERAL PROVISIONS 21-30.01 – Purpose In addition to the intent and purposes listed in Section 21-30, the various zoning districts established herein are intended to: a. Establish the permitted, prohibited, conditional and accessory uses allowed for each parcel; and b. Provide for equal protection of property rights of each parcel of land without regard for its classification; and c. Streamline the land development decision process to the maximum extent possible; and d. Provide reasonable opportunities for the provision of telecommunication facilities; and e. Control the placement of signage to preserve property values and enhance the aesthetic character of the City; and f. Prevent cut-through traffic in residential neighborhoods to the maximum extent possible. 21-30.02 – District Boundaries Zoning districts are depicted as shown on the Official Zoning Map of the City of Edgewater, Florida, as revised at the effective date of this Code, and made a part of the Article by reference. When uncertainty occurs as to boundaries of zoning districts on the Official Zoning Map, the following rules shall apply: a. Boundaries are depicted to follow the centerline of streets, highways, alleys, or other public right-of-ways and shall be construed to follow such lines; b. Boundaries are depicted to follow platted lot lines, section lines, or tract lines and shall be construed as following such lot lines; c. Boundaries are depicted to follow political boundaries and shall be construed as following such political boundaries; d. Boundaries are depicted to follow railroad right-of-ways and shall be construed to be the center line of the railroad right-of-way; e. Boundaries are depicted to follow shorelines and shall be construed to follow such shorelines even if the shorelines change; Strike through passages are deleted. 9 Underlined passages are added. 2018-O-28 f. Boundaries are depicted to follow the center lines of canals and shall be construed to follow such center lines; g. Boundaries shown to be parallel to the center line of streets, or the center line or right-of-way line of highways, such district boundaries shall be construed as being parallel thereto and such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension shall be determined by measuring from the Official Zoning Map; h. Where a public road, street or alley is officially vacated or abandoned, the location of the zoning district boundaries shall be the center line of the vacated right-of-way; i. Where physical or cultural features existing on the ground are different from those shown on the Official Zoning Map, or in case any other uncertainty exists, the Development Services Director/Planning Director shall interpret the intent of the Official Zoning Map as to the location of district boundaries. 21-30.03 – Application of Districts Except as provided in Section 21-71 – Non-Conforming Uses, the enlargement, alteration, conversion, relocation, rehabilitation, or reconstruction of any structure or building shall be in accordance with regulations of the district in which said structure or building is located as well as all applicable regulations of this Article. All use of land and/or water shall be done so only in accordance with the applicable requirements of this Article. 21-30.04 – Official Zoning Map a. The City of Edgewater is hereby divided into zoning districts and shown on the Official Zoning Map as amended by the City Council. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk and bearing the seal of the City under the following words: “This is to certify that this is the Official Zoning Map referred to in Chapter 21, of the Code of Ordinances.” b. No changes shall be made in the Official Zoning Map except as provided herein in Article IX. Any unauthorized change of any kind by any person, or persons, shall be considered a violation of this Article and be subject to the applicable enforcement provisions described in Article X. c. Regardless of the existence of copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be maintained in the official records of the City. d. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature of number of changes and additions, the City Council shall adopt a new Official Zoning Map. Strike through passages are deleted. 10 Underlined passages are added. 2018-O-28 21-30.05 – Comprehensive Plan Consistency The regulations contained herein are consistent with and implement the Comprehensive Plan policies contained in the Future Land Use Element, Housing Element, Coastal Element and Conservation Element. SECTION 21-31 – COMPREHENSIVE PLAN RELATIONSHIP Table III-1 shows which zoning categories are consistent with and implement the land use categories in the Comprehensive Plan, particularly the Future Land Use Map (FLUM). (See Page III-4) Strike through passages are deleted. 11 Underlined passages are added. 2018-O-28 TABLE III-1 LAND USE AND ZONING COMPATIBILITY Future Land Use Designation Compatible Zoning Districts Low Density Transition 1.0 DU/net acre RT, MUPUD Low Density Residential 1.0 to 4.0 DU/net acre R-1, R-2, R-3, RPUD, RP, RT, MUPUD Medium Density Residential 4.1 to 8.0 DU/net acre R-3, R-4, RPUD, MH-1, MH-2, MUPUD High Density Residential 8.1 to 12.0 DU/net acre R-5, RPUD, MUPUD Commercial B-2, B-3, B-4, BPUD, MUPUD Industrial I-1, I-2, IPUD, MUPUD Recreation CN, RT, AG, R-1, R-2, R-3, R-4, R-5, RPUD, RP, MH-1, MH-2, B-2, B-3, B-4, BPUD, I-1, I-2, IPUD, P/SP, R, EC, CC, MUPUD Public/Semi-Public CN, AG, P/SP, R, MUPUD Conservation CN, P/SP, R Agriculture Minimum 1 DU/2.5 net acre AG, R. MUPUD Mixed Use Minimum 15 acres; to 12 DU/net acre RPUD, BPUD, IPUD, MUPUD, EC, CC Sustainable Community Development See SCD Sub-Element of the City of Edgewater Comprehensive Plan SCD/PUD DU = Dwelling Units SECTION 21-32 – ZONING DISTRICT DESCRIPTIONS 21-32.01 – Zoning District Descriptions Table III-2 summarizes the principal purpose for each zoning category. The minimum parcel sizes are provided where applicable. (See Page III-5) Strike through passages are deleted. 12 Underlined passages are added. 2018-O-28 TABLE III-2 ZONING DISTRICT DESCRIPTIONS Zoning District Title Category Purpose and General Description Conservation CN Protection of wetlands, aquifer recharge & environmentally sensitive areas. Rural Transitional RT Provide for limited agriculture and provide for a transition between rural and residential land uses – min. 1 acre lot. SF Residential R-1 Single family residential – (1.0 to 4.0 units/net acre) min. 12,000 sq. ft. lot. SF Residential R-2 Single family residential – (1.0 to 4.0 units/net acre) min. 10,000 sq. ft. lot SF Residential R-3 Single family residential – (1.0 to 4.0 units/net acre) min. 8,625 lot. MF Residential R-4 Medium density residential (4.1 to 8.0 units/net acre) – single family, duplex, apartments, and townhouses. MF Residential R-5 High density residential (8.1 to 12.0 units/net acre) – single family, duplex, apartments, and townhouses. Recreation R This zoning category includes parks and recreation facilities owned by the City, as well as recreation facilities located at area schools that are under lease to the City. This category includes land committed to both active and passive recreational uses. Residential Planned Unit Development RPUD Intended for mixed residential, personal service and limited retail commercial with a single development plan. Residential Professional Office RP Intended for office professional and personal service along SR#442 and a rezoning must be accompanied by a site plan. Mobile Home Park MH-1 Medium density residential (5.1 to 8.0 units/acre). Provide for mobile home parks – min. 5 acre parcel (See Sec. 21-71 for Non-Conforming Parks). Manufactured Home Subdivision MH-2 Medium density residential (5.1 to 8.0 units/acre). Provide for manufactured home subdivisions – min. 50 acre parcel. Neighborhood Business B-2 Intended for retail goods and services for frequent residential needs – min. 10,000 sq. ft. Public/Semi-Public P/SP Consists of public facilities and private not-for-profit uses such as churches, schools, and cemeteries. All other public lands and facilities, including but not limited to, government offices, post offices, hospitals, utility sub-stations, water and wastewater treatment plants, fire stations, and libraries are also included in this category. Highway Commercial B-3 Intended for high volume highway related commercial uses – no min. parcel size. Tourist Commercial B-4 Intended for short term waterfront accommodations for visitors and accessory uses, may include residential mixed use – min. 2 acres. Business Planned Unit Development BPUD Intended for mixed commercial and limited multifamily residential with a single development plan Light Industrial I-1 Intended for storage, light manufacturing, wholesaling and distribution uses and adult entertainment – no min. parcel size. Heavy Industrial I-2 Intended for heavy manufacturing uses – no min. parcel. Industrial Planned Unit Development IPUD Intended for mixed industrial and limited commercial with a single development plan. Agriculture AG Intended for general agriculture uses – min. 2.5-acre parcel – temporary or hold zoning intended for future urban development. Employment Center/Community Center EC/CC Intended to allow a mix of uses to satisfy varying degrees of intensity and balance the residential and non-residential needs of the City. Mixed Use Planned Unit Development MUPUD Intended for innovative mixed use developments to include, but not be limited to commercial, light industrial and residential. Sustainable Community Development/Planned Unit Development SCD/PUD See SCD Sub-Element of the City of Edgewater Comprehensive Plan. Strike through passages are deleted. 13 Underlined passages are added. 2018-O-28 SECTION 21-33 – USES AND RESTRICTIONS 21-33.01 – Purpose This portion of Article III depicts the permitted, conditional and accessory uses by zoning district using the matrix format. The footnotes in Table III-3 refer to any applicable special criteria for that use in the particular zoning district and are described in Section 21-34 of this Article. If a use is not present in a given square in the matrix, that use is not permitted in that zoning district. Changes to the list of uses, the zoning districts and/or the permitted, conditional or accessory use status of a given land use can only be changed by completing the Land Development Code amendment process described in Article IX. 21-33.02 – Permitted Uses The use depicted as “P” in the matrix (Table III-3) means that it is permissible in that zoning district as a matter of right, subject to satisfactory compliance with the project design standards found in the Land Development Code and any applicable site plan review requirements in the Land Development Code. The list of permitted uses cannot be all inclusive. The uses described in Table III-3 shall be interpreted by the Development Services Director/Planning Director to include other uses that have similar impacts to those listed. Any dispute or request regarding interpretations shall be resolved by the City Manager subject to an appeal to the City Council. All permitted uses or businesses requiring business tax receipts shall operate from within a permanent structure. 21-33.03 – Conditional Uses The use depicted as a “C” in the matrix (Table III-3) means that it is permitted in that zoning district only after satisfactory completion of the conditional use process described in Article IX or the satisfactory completion of a Planned Unit Development. Satisfactory compliance with the applicable project design standards described in Article V and the concurrency requirements described in Article XI must also be achieved prior to commencement of a project. 21-33.04 – Accessory Uses The use depicted as an “A” in the matrix (Table III-3) means a use that is incidental, related, appropriate and clearly subordinate to the existing principle permitted use. Strike through passages are deleted. 14 Underlined passages are added. 2018-O-28 SECTION 21-33.05 TABLE III – 3 PERMITTED (P), CONDITIONAL (C), AND ACCESSORY (A) USES ZONING DISTRICTS USE, STRUCTURE, OR ACTIVITY AG CN RT R-1 R-2 R-3 R-4 R-5 RPUD RP MH-1 MH-2 B-2 B-3 B-4 BPUD I-1 I-2 IPUD P/SP EC CC MUPUD SCD/PUD Adult Entertainment (19) P Agriculture - General P P C Aircraft Manufacturing P P C C C C Airport Fixed Base Operations P C C P C C C Aluminum Can Transfer Facility P P C C C C Animal Hospital C C P P C P C C C Antennas (1) (2) C C C C C P P P C C C C C C C C C C C C Aquaculture P C Auction/Flea Market – Indoor Only P P C C C Automobile Paint & Body (7) (17) P P P C C C Automobile Repair – Indoor (7) P P P P C C C Automobile Service (7) P P C P P C C C Automobile Sales/Leasing P P C A A C C C Bed & Breakfast (3) C C P P C C C Boat Building & Repair C C C C C P C C C C Boat Sales and Leasing P P C A A C C C C Bulk Processing P C C C C Car Wash C P P C C C C C C C Chauffeur/Vehicle for Hire P C C C C C C Cemeteries P P Containment Facilities P C C P C Day Care – Children or Adult (17) P P P P P P P P P P C P A C C C C Dispensing Facility C P P A C A A C A C C Distribution Facilities C C P P C C C C Financial Institute C C P C C C C C C Garden & Yard Supplies P P C P P C C C Government Facilities P C P P P P P P C C P P P P P C P P C P C C C C Strike through passages are deleted. 15 Underlined passages are added. 2018-O-28 SECTION 21-33.05 TABLE III – 3 PERMITTED (P), CONDITIONAL(C), AND ACCESSORY (A) USES (cont’d) ZONING DISTRICTS USE, STRUCTURE, OR ACTIVITY AG CN RT R-1 R-2 R-3 R-4 R-5 RPUD RP MH-1 MH-2 B-2 B-3 B-4 BPUD I-1 I-2 IPUD P/SP EC CC MUPUD SCD/PUD Health/Fitness Facilities C C P P A C C C C C C C Home Occupations P P P P P P P C C P P P P C C C C C Hotel/Motel P P C C C C Internet/Sweepstakes Café (20) P Kennels & Boarding (4) C C P C C P C P C C Laboratories C P C C P C C C C Lodges – Fraternal/Sorority P C C C C Marina C A P C P C C C C Marina Related Industrial P C C C C Machine Shop/Repair P P C P P C C C C Manufacturing – General C P P C C C C Medical/Dental Offices C C P P C C C C Mini-warehouse (5) P C C P P C C C C Mining/Excavation (18) P P P Mobile Home Sales P C C Night Club / Lounge/Bar C P A C C C C C Nursing Homes (6) P C C P C C C Outdoor Equipment Sales P C P P C C C C Outdoor Storage (7) A C C C P C C C C Pain Clinic (21) C Pawn Shop (20) P Personal Service Facilities C C P P C C C C C C C Pool Hall/Billiards C C P P C C C C C C C C C Places of Worship C C C C C C C C P P C C P C C Places of Worship – Schools (14) C C C C C C C C C P P C P C C C C Strike through passages are deleted. 16 Underlined passages are added. 2018-O-28 Professional Office Facilities (12) C C C C P P C C P P C C C C C Railroad Facilities P P C P C Recording Facilities C P P C C C C C C C C SECTION 21-33.05 TABLE III – 3 PERMITTED (P), CONDITIONAL (C), AND ACCESSORY (A) USES (cont’d) ZONING DISTRICTS USE, STRUCTURE, OR ACTIVITY AG CN RT R-1 R-2 R-3 R-4 R-5 RPUD RP MH-1 MH-2 B-2 B-3 B-4 BPUD I-1 I-2 IPUD P/SP EC CC MUPUD SCD/PUD Recreational Uses (R*) (13) P C P P P P P P C C A A P P C C C C C P C C C C Research Facilities C P C P P C C C C Residential – ALF (9) P P P P P P P C C C C C C Residential - Community Home (8) P P P P P P P C P P C C C C C Residential – Duplex (15) P P C C C C C Residential – Multifamily (10) (15) P P C C C C Residential –Manufactured/ Mobile Homes P P C P P C C C Residential –Modular Home P P P P P P P C P C C C C C Residential – Single Family (15) P P P P P P P C C C C C C Restaurants A&B C A P P A C C C C C C C Retail – General C P P A C A A C A C C RV & Boat Storage C A C C A C P P C C C C Salvage Yards (11) C Satellite Dishes A A A A A A A A A A A A A A A A A A A A A A Schools – Public P P P P P P P C P C P P C C C C P C C C Schools – Private C C C C A C P C C C C C P C C C Shopping Center C C P C C C C C C Silviculture P C Tattoo Parlor/Body- Piercing Studio (20) P Telecommunication - Unmanned P P P P P P P C P P P P P C P P C C C C Telecommunication Towers (2) C C C C C C C C C C C C C C C C C C C Theaters C P C C C C Truck Freight Terminal P C C C C Warehousing & Storage P C C P P C C C C Strike through passages are deleted. 17 Underlined passages are added. 2018-O-28 Wholesale & Distribution P C C P P C C C C Wrecker/Tow Truck Service P P C P P C C C C * R – Recreation Zoning District, Recreational Uses permitted only Strike through passages are deleted. 18 Underlined passages are added. 2018-O-28 TABLE III-3 FOOTNOTES The sections cited below identify special requirements for the listed land uses and are found on the following pages. In addition, many of the proposed projects must also comply with the requirements of Article IV – Natural Resource Protection, Article V – Site Design Criteria, Article VI – Signs, Article XVIII - Indian River Boulevard – S.R. 442 Corridor Design Regulations and Article XX – Ridgewood Avenue Corridor Design Regulations. 1. See Satellite Dishes, Section 21-36.04 – Dishes greater than 39 centimeters in diameter are required to obtain a building permit and otherwise conform to the site development criteria. 2. See Telecommunications, Article XII for details. 3. See Bed & Breakfast, Section 21-34.08 for details. 4. See Kennels/Boarding, Section 21-34.06 for details. 5. See Mini-Warehouses, Section 21-34.07 for details. 6. See Nursing Homes, Section 21-34.09 for details. 7. See Outdoor Storage, Section 21-34.04 and 21-36.03 for details. 8. See Community Residential Homes, Section 21-34.02 for details. 9. See Adult Living Facilities (ALF), Section 21-34.03 for details. 10. Multifamily residential is permitted in BPUD only as part of a single business/residential development plan – See Article V, Section 21-57 for details. 11. See Salvage Yards, Section 21-34.04 for details. 12. Residential Professional offices may be permitted as a conditional use in the R-2 district for certain properties abutting State Road #442. See Section 21-34.10 for details. 13. No artificial lights or recreational activity within 25 feet of the perimeter of the property line shall be permitted adjacent to residential property. 14. Places of Worship – Schools/Child Care, see Section 21-36.05 for details. 15. Attached and detached aircraft hangars permitted in residential districts adjacent to airport taxiways. 16. Outside application of flammable finishes and/or environmentally sensitive finishes (spray painting) is strictly prohibited. Strike through passages are deleted. 19 Underlined passages are added. 2018-O-28 17. State license required. 18. Mining/Excavation is defined as the exploration for or extraction of surface or subterranean compounds; which shall include oil and gas exploration and production, and the mining of metallic and non-metallic minerals, sand, gravel, fill dirt, and rock. 19. Adult Entertainment is permitted in the I-1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. 20. Internet/Sweepstakes Cafés, Pawn Shops and Tattoo Parlors/Body Piercing Studios are permitted in the I-1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. This section shall not apply to any existing Internet/Sweepstakes Café locations, in operation and in compliance with chapter 205 and 849 Florida Statute, and Pawn Shops and Tattoo Parlors/Body Piercing Studios in compliance with Florida Statute at the time of the passage of this ordinance, or has submitted an application to the City for relocation prior to the passage of this ordinance and said application is subsequently approved by the City. Such use may be continued within the present zoning category as a nonconforming use subject to all restrictions, limitations and requirements set forth in Article VII, Land Development Code, and all other applicable provisions of the Code of Ordinances. However, any change in ownership will remove said business or operation from this exception. Change in ownership in the case of a partnership or corporation, for the purpose of this section only, means more than fifty percent change in partners or shareholders from the partners or shareholders owning the partnership or corporation as of the date of passage of this ordinance. For purposes of any Internet/Sweepstakes Café deemed a non-conforming use as described above, the provisions of Article VII, Land Development Code pertaining to expansion and relocation shall be modified to allow the non-conforming use to continue if expanded or relocated on a one-time basis within the present zoning category if 1) the Internet/Sweepstakes Café deemed a nonconforming use dedicated less than 25% of its square footage to internet/sweepstakes activity in the original location prior to the expansion or relocation, and 2) the Internet/Sweepstakes Café dedicates less than 25% of its square footage to internet/sweepstakes activity after the expansion or relocation. a. No person or entity shall propose, cause or permit the operation of, or enlargement of Internet/Sweepstakes Cafés, Pawn Shops and Tattoo Parlors/Body Piercing Studios that would or will be located within, 1,000 feet of a preexisting Internet/Sweepstakes Cafés, Pawn Shops and Tattoo Parlors/Body Piercing Studios, within 500 feet of a preexisting commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption, within 500 feet of a preexisting religious institution, within 500 feet of a preexisting park, or within 2,500 feet of a preexisting educational institution. In this subsection the term "enlargement" includes, but is not limited to, increasing the floor size of the establishment by more than ten percent. Strike through passages are deleted. 20 Underlined passages are added. 2018-O-28 b. In addition to the distance requirements set forth in the subsection above, Internet/Sweepstakes Cafés, Pawn Shops and Tattoo Parlors/Body Piercing Studios shall not be allowed to open anywhere except in the I-1 district (with the exception of parcels having frontage on Park Avenue) where Internet/Sweepstakes Cafés, Pawn Shops and Tattoo Parlors/Body Piercing Studios are an expressly permitted use. c. The aforementioned distance requirements are independent of and do not supersede the distance requirements for alcoholic beverage establishments which may be contained in other laws, rules, ordinances or regulations. 21. See Pain Clinics, Section 21-39 for details. SECTION 21-34 – SPECIAL USE REQUIREMENTS The following uses are subject to the special restrictions described below in addition to the applicable natural resource standards described in Article IV and the project design standards described in Article V. 21-34.01 – Home Occupations The purpose of this Section is to provide criteria under which a home occupation may operate in the City’s residential districts. The Home Business Tax Receipt is designed to allow for office type uses within a residence. No home business tax receipt shall be issued unless the City determines the proposed home occupation (business) is compatible with the criteria shown below: a. The use must be conducted by a member, or members, of the immediate family residing on the premises and be conducted entirely within the living area of the dwelling unit, not to exceed twenty percent (20%) of the dwelling unit space (excluding garage/carport) for the home occupation. b. No manufacturing, repairing, storing, or other uses that are restricted to commercial and industrial districts are allowed. c. No chemicals/equipment, supplies or material, except that which is normally used for household domestic purposes, shall be used or stored on site. d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be permitted in residential areas. e. No electrical, electro-magnetic or mechanical equipment that causes any interference or excessive noise to adjacent dwelling units shall be installed or operated. f. No products, services, or signage may be displayed in a manner that is visible from the exterior of the dwelling unit, except signage required by state law. Strike through passages are deleted. 21 Underlined passages are added. 2018-O-28 g. Except as provided in the City of Edgewater Code of Ordinances, no commercial vehicles or equipment shall be permitted in the driveway, or adjacent public right-of-way, including commercial vehicles used for mobile vending and no delivery of commercial products for the use of the business tax receipt shall be allowed. Normal/routine UPS, FedEx, or over-night mail shall not be considered commercial deliveries. h. The use of typewriters, computers, printers, photocopiers and fax machines will be permitted for office use and small machinery such as hand drills and small jigsaws for hobbyist uses. Hobbyist uses shall be limited to $500 in total inventory. i. All home occupations shall be required to obtain a home business tax receipt pursuant to the requirements of Chapter 11 of the City Code of Ordinances prior to initiating operation. j. Garages, carports or similar structures, whether attached or detached shall not be used for storage of material or manufacturing concerning the home occupation (other than storage of an automobile). k. Any home business tax receipt that generates more than 10 vehicle trips per day shall require a City fire inspection. Excessive traffic shall not be permitted other than routine residential traffic. l. An applicant may appeal the denial of an application to the City Council pursuant to the requirements of the Land Development Code. m. No home business tax receipt shall be issued for any property until such time that any Code Compliance issues are resolved. n. If the applicant does not own the property, said applicant shall provide a signed and notarized affidavit from the property owner permitting a Home Occupation on their property, provided the use is permitted by the City. 21-34.02– Community Residential Homes (CRH) The purpose of this Section is to establish criteria for the placement of Community Residential Homes. a. All facilities shall comply with the minimum parcel area and dimensional requirements of the zoning district in which the facility is located. b. Community Residential Homes shall be used only for the purpose of providing rehabilitative or specialized care, and may not be used for administrative or related office-type activities, other than those in support of the facility. c. No counseling or other client services for non-residents shall be permitted in a CRH. Strike through passages are deleted. 22 Underlined passages are added. 2018-O-28 d. A CRH shall be similar in appearance to the prevailing character of the area in which the proposed site is located. Similar means within 125 percent of the average floor area, height, and/or architectural style of any other dwelling units in the adjacent area. e. On-site signage shall be a low profile sign with a maximum height of 8 feet and a maximum area of 16 square feet. f. The CRH shall provide a minimum 4-foot (4’) high fence on all property lines. g. The CRH shall comply with the appropriate project design standards described in Article V. h. The CRH shall comply with all appropriate Florida Fire Prevention Codes and Building Code requirements. i. The minimum dwelling unit size for each resident shall be 750 square feet. j. There shall be no more than fourteen (14) residents permitted in a structure. k. Each CRH shall provide a responsible supervisory person on duty at all times while residents are on the premises. The minimum staffing levels required by the State, or other licensing agency, shall be maintained at all times. l. Failure to substantially comply with all these criteria shall subject the property owner, and/or the applicant, to the enforcement provisions of Chapter 10, City of Edgewater, Code of Ordinances. m. A Community Residential Home shall not be located closer than 1,200 feet (1,200’) to another CRH. n. All distance requirements shall be measured from the nearest point of the existing CRH property line, or the zoning district described above, whichever is greater. o. The City will inspect facilities for compliance with Florida Fire Prevention Codes. 21-34.03 – Adult Living Facilities (ALF) The purpose of this Section is to provide regulations to protect the adjacent property values while allowing the ALF to operate. a. A minimum 4 foot (4’) high fence shall be provided at all times. b. Full time on-site management shall be provided at all times. c. Minor on-site medical care may be provided at the option of the operator. d. Each resident shall have the minimum square footage of personal living area for their use, as required by the State. Strike through passages are deleted. 23 Underlined passages are added. 2018-O-28 e. Each facility shall be required to obtain an appropriate license prior to receiving a business tax receipt from the City and Volusia County. The City will inspect facilities for compliance with Florida Fire Prevention Codes. 21-34.04 – Salvage Yards The purpose of this Section is to control the operation of salvage yards and similar uses. a. Salvage yards shall comply with the conditional use standards for the I-2 zoning district. b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet, and shall conform to the buffer yard requirements described in Article V, Section 21-54. c. All sites shall be enclosed by an eight foot (8’) high stockade fence, vinyl fence or masonry wall. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Nothing stored shall be visible above the height of the fence or wall. e. A City of Edgewater Business Tax Receipt shall be required. f. No storage or parking of items under control of the salvage yard shall be permitted outside of the fence or wall. 21-34.05 – Refuse and Dumpsters The purpose of this Section is to control the placement and operation of refuse and dumpsters and similar such uses. a. Dumpsters on commercial, industrial and multi-family properties , with the exception of those located at construction projects, shall be enclosed from view with a six foot (6’) high stockade fence, vinyl fence or masonry wall and gate. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. Dumpsters and dumpster pads shall not be required for properties zoned RP (Residential Professional). b. No dumpsters, containers or containment areas shall be permitted in any public right-of-way. c. Gates shall be kept closed at all times except on designated pick up days. d. Non-residential properties Dumpsters and/or containers located within 150-feet of a residential property line or noise sensitive zone (as defined in the Noise Ordinance) shall not have dumpsters and/or containersbe delivered, emptied or removed between the hours of seven p.m. (7:00 p.m.) and seven a.m. (7:00 a.m.) on weekdays and seven p.m. (7:00 p.m.) and eight a.m. (8:00 a.m.) on weekends or holidays. Dumpsters and/or containers which are not within 150-feet of a residential property line or noise sensitive zone cannot be delivered, emptied or removed during the hours of ten p.m. (10:00 p.m.) and six a.m. (6:00 a.m.) in Strike through passages are deleted. 24 Underlined passages are added. 2018-O-28 non-residential properties which are not within 150-feet of a residential property line or noise sensitive zone. e. All construction projects shall have a dumpster located on-site for placement of construction debris for all new construction and additions exceeding 600-square feet. f. Containment areas and construction project areas shall be maintained in a clean and orderly manner at all times so as to not produce a nuisance. g. Newly developed/redeveloped non-residential projects and multi-family projects over four (4) units shall provide an adequate quantity of on-site dumpsters. 21-34.06 – Kennels The purpose of this Section is to minimize conflicts of noise, odor, and health hazards created by kennels. In addition to the regulations as set forth within the district(s) in which the use is located, the following minimum regulations shall apply: a. Commercial kennels are limited to the raising, breeding, boarding, and grooming of domesticated animals. Farm animals such as pigs and chickens or exotic animals such as snakes are expressly prohibited. b. All runs shall be equipped with drains provided every 10 feet (10’) and connected to a sanitary facility approved by the City Engineer. c. No animal having a disease harmful to humans shall be boarded or maintained in the facility. d. No building or other structure nor any dog run shall be located within 150 feet (150’) of any residential use. e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and 7 A.M. f. Kennels are required to receive a commercial kennel license from the Volusia County Animal Control Department and a City of Edgewater Business Tax Receipt after receiving a Certificate of Occupancy from the City. g. See Chapter 5 of the Code of Ordinances, City of Edgewater, Florida for additional regulations. 21-34.07 – Mini-warehouses Mini-warehouses may be permitted under the following conditions: a. Mini-warehouse buildings shall be screened from the public right-of-way by a minimum of a six foot (6’) high stockade fence or masonry wall with a ten foot (10’) wide landscape buffer planted adjacent to the street side on all boundaries facing residential districts. Existing sites Strike through passages are deleted. 25 Underlined passages are added. 2018-O-28 with chain link fence may be enclosed with slatting. New sites shall require stockade fencing, vinyl fence or masonry wall. b. The project shall be completely fenced, walled, and designed to limit ingress and egress through a controlled and lockable access point. This shall be limited to one (1) two (2) way access points or two (2) one (1) way access points. c. Mini-warehouse units shall not contain any provision for electrical outlets, potable water, or sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes may be installed outside of the warehouse structures. d. Bathroom facilities shall be provided at a central facility in accordance with the Standard Plumbing Code. e. Mini-warehouses are to be used solely for storage purposes. No other commercial use or business shall be permitted within the facility unless permitted as part of a Master Plan. However, one (1) office unit attached by common walls or floors as a part of the mini- warehouse facility may be provided for use of the warehouse manager. f. No storage of flammables, weapons, ammunition, explosives, hazardous, or illegal substances or materials is allowed. g. Mini-warehouses may be permitted as a conditional use in the B-3 and BPUD District when located at least 100 feet (100’) from the front property line and where in that 100 feet (100’) the property is developed. h. A City Business Tax Receipt shall be required. 21-34.08 – Bed & Breakfasts a. Bed and breakfast accommodations, as defined in Section 21-20 shall require off-street parking at 1 space/bedroom, plus residential parking requirements. b. Landscaping shall be provided as required for hotel/motel uses. c. One (1) sign not to exceed six (6) square feet. d. A City Business Tax Receipt is required. 21-34.09 – Nursing Homes a. Nursing home sites shall front on a major collector or arterial roadway. b. Buffering shall be provided based on land use intensity and comply with the landscaping requirements of Section 21-54. c. A City Business Tax Receipt is required. Strike through passages are deleted. 26 Underlined passages are added. 2018-O-28 21-34.10 – Residential Professional Offices Residential Professional Offices uses are permitted as a conditional use and require site plan approval. Residential Professional Offices uses are permitted only along S.R. 442, east of Pinedale Road and west of U.S. Highway 1. Residential Professional Office A site plans shall be provided with a Zoning Map Amendment application and shall conform to the site design criteria as defined in Article V and Article XVIII of the Land Development Codeinclude: a. The property must have a minimum frontage of 100-feet along S.R. 442. b. One ground sign not to exceed sixteen (16) square feet of display area and an overall height of eight feet (8’) is permitted. 1. Ground Sign Planter Specifications. Vertical structure supports for ground signs shall be concealed in an enclosed base. The width of such enclosed base shall be equal to at least two-thirds (2/3) the horizontal width of the sign surface. A planter structure shall enclose the foot of the base. The planter shall be between two feet (2’) and three feet (3’) in height above the ground, with a minimum length equal to the width of the sign and a minimum width of three feet (3’). The materials will be consistent with the sign and principal structure. The planter shall be irrigated and planted with low shrubs, ornamentals or flowers. Such plantings shall be maintained indefinitely. 1. Ground Sign Base Specifications. Vertical structure supports for ground signs shall be concealed in an enclosed base. The width of such enclosed base shall be equal to at least two-thirds (2/3) the horizontal width of the sign surface. 2. Ground Sign Setback. The leading edge of the sign shall be setback a minimum of ten feet (10’) from the right-of-way. 3. Movement. No ground sign nor its parts shall move, rotate or use flashing lights. 4. Prohibited Signs. Signs that are prohibited in the Indian River Boulevard Corridor include animated signs, billboards, off-site signs, flashing signs, snipe signs, portable signs (trailer signs), roof signs, beacon lights, bench signs, trash receptacle signs, gutter signs, signs on public property, immoral display, obstruction, streamers, spinners and pennants. c. Commercial building code requirements shall be met. d. A City Business Tax Receipt is required. e. All development and/or redevelopment shall conform to the site design criteria as defined in Article V and Article XVIII of the Land Development Code Strike through passages are deleted. 27 Underlined passages are added. 2018-O-28 f.e. Professional officePermitted uses are restrictive and shall be designed to primarily serve the populace of the general vicinity. SECTION 21-35 – PROHIBITED USES 21-35.01 – Alcoholic Beverages No alcoholic beverage establishments, i.e., establishments engaged in the sale of alcoholic beverages for on-premises consumption, shall be located within 500-feet of an established church or school with the following exception: a. Any locationunless licensed as a restaurant, which derives at least 51-percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to Florida Statutes. SECTION 21-36 – ACCESSORY USE REQUIREMENTS 21-36.01 – Purpose This Section includes those accessory uses and detached structures that are subordinate to the main use or building or located on the same lot. The term other accessory buildings shall include, but not be limited to such structures as greenhouses, gazebos, storage buildings, storage shed, garages, carports and the like. 21-36.02 – General Regulations a. No accessory structure or use shall be permitted on any lot which does not have an established principal use conforming to the requirements of this code and no accessory structure shall be permitted on any lot which does not have a permitted principal or primary structure. b. All accessory uses, buildings and structures shall be located on the same lot as the principle or permitted use. c. No accessory use, building or structure shall exceed the height limit shown in that district and shall not exceed the height of the peak of the majority of the roof height of the principle or primary structure in residentially zoned areas. d. Accessory buildings shall not be rented or otherwise used as a dwelling unit. e. No accessory structure may be located within a public right-of-way or public easement. f. All accessory structures are required to obtain a building permit. g. No accessory structure may be located in any front yard in any zoning district. h. Accessory buildings shall conform to the setback requirements described in Table V-1 and shall not cause an excess of the maximum building coverage and/or maximum impervious coverage as established for the respective zoning district. Strike through passages are deleted. 28 Underlined passages are added. 2018-O-28 i. No accessory building may be located within any required parking area, landscape area or stormwater facility area. j. Accessory buildings shall be limited to 2 per parcel. k. The total square feet of all accessory buildings and/or storage sheds shall not exceed seventy sixty percent (70 60%) of the total square feet of the principle or primary structure in residentially zoned areas, with the exception of attached and detached aircraft hangars permitted in residential districts adjacent to airport taxiways; and properties zoned Agriculture and or contain an agriculture exemption as recognized by the Volusia County Property Appraiser. l. Storage sheds of 200 sq. ft. or less and not utilized as a garage may be located five (5’) feet from rear and side property lines. m. All accessory uses, and buildings and structures located in residentially zoned areas exceeding 350 sq. ft. or visible from a public roadway and located on a parcel of less than five (5) acres shall be consistent with the primary structure in architectural design, exterior construction materials or façade treatment, roofline and color. m.n. Accessory structures located on through lots and facing a public or private street other than the street where the primary structure is addressed shall conform and compliment the surrounding character of the area of said street. 21-36.03 – Outdoor Storage and Display: Commercial/Industrial The purpose of this Section is to provide regulations for the location of outdoor storage and display facilities where such storage is an accessory use and a part of normal operations on the premises. a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain commercial and industrial districts as indicated in Table III-3. Such outdoor storage or display shall not be located adjacent to any residential district or use unless such storage or display is screened from the view of the neighboring residential district or use. b. No outdoor storage may be located in any required front yard, parking areas, fire zones, loading areas or access lanes. c. All outdoor storage areas shall be screened from view by a six foot (6’) high stockade fence, vinyl fence or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic entering or leaving the site. Existing sites with a chain link fence may be enclosed with slatting. New sites shall require stockade fencing, vinyl fencing or masonry wall. d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and similar materials, which are subject to being scattered or blown about the premises by normal weather conditions, shall be contained by an adequate enclosure. No outdoor storage area or building shall be located in a public right-of-way, utility or drainage easement. Strike through passages are deleted. 29 Underlined passages are added. 2018-O-28 e. Commercial outdoor display of merchandise may be permitted as an accessory use within the required front, side or rear yard areas, providing that such outdoor display shall not be located adjacent to a residential street. f. The sale, storage, or display of all products not normally found or used outdoors shall be conducted from indoor locations only. g. Outdoor display of products shall be limited to items typically associated due to their nature, size or construction with common outdoor usage or sales and shall be limited to one of any one product or model and shall be located in a designated display area. In addition one (1) ice machine and one (1) LP Gas dispenser shall be permitted in a designated exterior area. Merchandise typically permitted for outdoor display include, but are not limited to: sales, display and rental of vehicles, boats and mobile homes, plant nurseries and sale of landscape materials, swimming pools and spas, lawn mowers, lawn furniture, basketball nets, volleyball equipment, Christmas trees, pumpkins at Halloween, tomato plants, harvested fruits and vegetables etc. Merchandise typically not permitted for outdoor display include, but are not limited to: indoor furniture, stoves, ranges, bathroom fixtures, clothing, bedding mattresses, etc. This section shall not apply to permitted garage/yard sales, authorized farmers/craft markets and permitted special activities/events. h. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet (10’) from the front and side corner property line and five feet (5’) from the interior side and rear property line. Landscaping shall be installed in this area on any adjacent local street. i. All display merchandise and related display equipment shall be removed at the close of business each day. This shall not include vehicles, boats, mobile homes, large lawn/construction equipment and campers displayed for rent or sale. No outdoor display areas shall be permitted within required parking spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles, driveway entrances or exits. At no time shall any exterior display areas impede the entry or means of egress of any doorway. No outdoor display areas shall obstruct visibility triangles at intersections or at points of ingress or egress to the business. j. All new outdoor garden supply areas shall be screened from public view, the public right-of- way and incorporated into the architecture of the principle building. k. All unattended machines dispensing a product, with the exception of ice and water machines, LP gas, newspaper machines (general circulation), shall be located indoors. 21-36.04 – Satellite Dishes and Antennas The purpose of this Section is to control the location of satellite dishes and antennas in order to allow their use without sacrificing property values. Telecommunication tower location and site development standards are found in Article XII. a. Privately owned ham radio antennas, citizens band radio and/or satellite dish antennas shall be considered accessory uses. All other such facilities belonging to companies whose Strike through passages are deleted. 30 Underlined passages are added. 2018-O-28 business involves the reception or transmissions of wireless communication signals shall be considered commercial uses. b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters (approximately 36 inches) or less in diameter shall not require an installation permit. c. A satellite dish greater than 36 inches (36”) in diameter shall require a building permit from the City. d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in diameter shall be set back five feet (5’) from side and rear lot lines or easements. e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be permitted in the front yard of any parcel. f. The required setback shall be measured from the closest point of the outermost edge of the antenna or satellite dish to the property line. g. Except as provided in Article XII, the height restrictions for antennas and satellite dishes shall not exceed the height limit in that district. 21-36.05 – Places of Worship – Schools/Child Care The purpose of this Section is to establish criteria for the operation of schools and recreation facilities as an accessory use associated with places of worship. a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25’) of property used as residential. b. Recreation areas associated with places of worship shall not use artificial site lighting at night unless shielded from adjacent residential areas. c. No recreational activity shall be located closer than 25 feet (25’) to an adjacent parcel. d. The front yard of a place of worship shall be on an arterial or collector roadway. e. The building design for new construction shall be substantially similar to the design of the existing structures. No portables, trailers or like buildings are permitted. f. Parking and service areas shall be located away from adjacent parcels. 21-36.06 – Boathouses The following regulations shall apply to boathouses in all the R-1, R-2, R-3, R-4 and R-5 districts. b.a. Height of boathouses: No boathouse shall be erected or altered to a height exceeding fifteen (15’) feet from mean high water. Strike through passages are deleted. 31 Underlined passages are added. 2018-O-28 c.b. Boathouse setback: No boathouse shall be built less than five (5’) feet from the established bulkhead line or less than ten (10’) feet from any side lot line. If no bulkhead line is established, then the mean high tide watermark shall be used as the line of measurement. d.c. Accessory building attached to boathouse: No accessory building which is attached to a boathouse and a part thereof shall be erected or altered less than twenty (20’) feet away from the established bulkhead line. If a bulkhead line is not established, then the mean high water mark shall be used as the line of measurement. e.d. Detached accessory building to boathouse: A detached accessory building to a boathouse is prohibited in the R-1, R-2, R-3, R-4 and R-5 residential districts. f.e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20’) feet in width measured on a line parallel to the established bulkhead line or exceed forty (40’) feet in depth measured at right angles to the established bulkhead line. If a bulkhead line is not established, then the mean highwater mark shall be used as a line of measurement. 21-36.07 – Boat Docks and Slips a. Boat docks and slips for mooring pleasure boats, yachts and non-commercial watercraft shall be permitted in accordance with Volusia County’s Manatee Protection Plan in any residential district as an accessory use to the residential use. b. If no bulkhead line is established, then the mean highwater mark shall be used as the line of measurement. 21-36.08 – Canopies/Temporary Carports and Tents a. Owners of canopies/temporary carports and tents shall be required to secure all components so as to prevent them from becoming airborne or from leaving the property where installed, as well as keep them in a good state of repair. Temporary canopies/carports and tents shall not require a permit if installed and maintained as per the manufacturer’s installation instructions. No substantial modifications that would alter the design or integrity of the canopy/temporary carport or tent shall be permitted. b. The below specifications are intended to be minimum only and are no indication or guarantee of fitness for securing the temporary items covered under this Section. Quantities and sizing will vary by the size of the item being secured. 1. All tie downs must be secured to solid, immoveable objects such as: mobile home anchors, concrete driveways, buildings, etc., or as per manufacturer’s installation instructions or engineer’s specifications. 2. All tie down leads must be a minimum of 3/16” galvanized or stainless steel cable or a minimum of 3/8” true nylon rope, (not polyethylene, polypropylene or polyester) or sized as per manufacturer’s installation instructions or engineer’s specifications. Strike through passages are deleted. 32 Underlined passages are added. 2018-O-28 3. It is forbidden to use concrete blocks or weights of any kind as a method of tie down, because attaching weight or other moveable objects to canopies/temporary carports and tents can cause those weights to be catapulted by wind lift. c. There shall be a limit of two (2) canopies/temporary carports and tents per parcel. Canopies/temporary carports and tents shall be located behind the front building setback line in the rear and side yard setback areas. Canopies/temporary carports and tents located in side yard setback areas shall be screened from view with a six foot (6’) high opaque wall or fence. d. Tarps/tops of temporary structures shall be removed during hurricane warning conditions. e. Canopies/temporary carports and tents not related to a special activity event pursuant to Section 21-37 and not located in the rear and/or side setback areas shall not be erected for more than a two (2) day period and for no more than ten (10) days total in a six (6) month period. 21-36.09 – Swimming Pools a. Definitions As used in this Article, the following terms shall have the respective meanings ascribed to them: Residential swimming pool: Any swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family, and by guests invited to use it without charge or payment of any fee. Swimming Pool: A body of water in an artificial or semi-public or private swimming setting or other water-related recreational activity intended for the use and enjoyment by adults and/or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified and shall exclude 110-volt plug-in Jacuzzi/hot tubs. Wading pool: Any pool with a surface area of less than two hundred fifty (250) square feet and less than twenty-four (24) inches in depth at any point. Wading pools shall not be required to comply with this Article. b. Permit – Application; plans and specifications 1. Application: Before the erection, construction or alteration of any swimming pool has begun, an application for a permit shall be submitted to the Building Official for approval. 2. Plans and specifications: The application shall be accompanied by two (2) sets of full and complete plans and specifications of the pool, including a survey of the lot showing distance between buildings or structures and the distance from all property Strike through passages are deleted. 33 Underlined passages are added. 2018-O-28 lines. Plans must show method of compliance with the Residential Swimming Pool Safety Act, F.S. 515, as amended from time to time. c. Structural Requirements 1. General: All swimming pools whether constructed of reinforced concrete, pneumatic concrete, steel, plastic or others, shall be designed and constructed in accordance with the requirements of the Florida Building Code, 424 and accepted engineering principles. d. Location 1. Front yard and side corner yard swimming pools are prohibited. 2. No swimming pool shall be constructed closer than five (5) feet from any building without engineering, nor within any easement or ten (10) feet from any property line, unless a Development Agreement or P.U.D. Agreement is established for the property. e. Enclosures 1. All Inground swimming pools, unless entirely screened in, shall be completely enclosed with a fence or wall at least four feet (4’) high, and so constructed as to not be readily climbable by small children. All gates or doors providing access to the pool area shall be equipped with a self-closing and self-latching device installed on the pool side for keeping the gates or doors securely closed at all times when the pool area is not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped, per Child Safety Actthe Residential Swimming Pool Safety Act, F.S. 515, as amended from time to time. 1.2.The structure of an aboveground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure, additionally any ladder or steps that are the means of access to an aboveground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier. All barriers shall comply with the Residential Swimming Pool Safety Act, F.S. 515, as amended from time to time. 2.3.All whirlpools, spas or hot tubs unless entirely screened in or equipped with a lock down cover shall be completely enclosed with a fence or wall at least four feet (4’) high and so constructed as to not be readily climbable by small children, and comply with the Child Safety Act,Residential Swimming Pool Safety Act, F.S. 515, as amended from time to time. f. Filtration and recirculation system Strike through passages are deleted. 34 Underlined passages are added. 2018-O-28 All swimming pools shall be equipped with a filtering and recirculation system and such systems shall be compliant with all applicable requirements as set forth by the American National Standards Institute. g. Electrical wiring All electrical wiring must comply with the National Electrical Code (NEC). h. Plumbing When plumbing is connected to City service for water supply, all plumbing shall be in strict accordance with the local plumbing code. When water is supplied from sources other than City connected service to family pools, then plastic pipe stamped and approved one hundred (100) by an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing inspector. i. Discharge water Water being discharged from the pool or from the back flushing of the filtering system may be discharged to a storm sewer, dry well, seepage pit, or through an irrigation system or other approved method by the City. Discharge water may not be discharged into a sanitary or combined sewer. j. Rim height The overflow rim of all swimming pools shall be a minimum grade above surrounding ground level and in all cases sufficiently high enough to prevent groundwater from flowing into the pool. k. Walkway A walkway of concrete or other approved materials shall surround all swimming pools from the overflow rim outward a distance of three feet (3’) for at least two-thirds (2/3) of the pool perimeter and shall be so designed that water cannot drain from the walkway into the pool. l. Overflow Skimmer A beam overflow skimmer shall be required and be designed so that debris caught in it will not be washed back into the pool by water movements. SECTION 21-37 – SPECIAL ACTIVITY/PERMIT REQUIREMENTS 21-37.01 – Purpose/Scope To establish policies and procedures pertaining to special activities, including but not limited to, outdoor entertainment, to ensure compliance with all applicable City, County and State requirements. A special activity permit will be required of all special activities held within the City of Edgewater. Strike through passages are deleted. 35 Underlined passages are added. 2018-O-28 21-37.02 – Definitions Charitable event/activity – is an event/activity or cause sponsored by a business or non-profit organization for the purpose of soliciting aid, assistance or contributions for benevolent purposes. To qualify as a charitable event/activity; all profits (net difference of gross revenues less expenses) must be given to the charitable cause for which the charitable event/activity was organized. For purposes of this definition, a charitable event/activity cannot exceed one (1) day. Each charitable event/activity permit application shall adhere to the special activity permitting process as defined in Section 21-37.04. For the purposes of this definition, a charitable event/activity does not include an event/activity with the primary purpose of carrying on propaganda or otherwise attempting to influence legislation, and does not include an event/activity with the primary purpose of raising funds or garnering support for a political campaign on behalf of (or in opposition to) any candidate for public office. City sponsored activity – sponsored or co-sponsored by the City Council or any City Department for the benefit of the residents of the community. Civic group/non-profit organization – any group that meets for the improvement of the community and whose main function is to make the community a better place to live either by deed, donations of time or finances. A tax-exempt certificate is not necessary if the group meets the above stated criteria. Community activity - activities which take place on City owned or controlled property in which the general public is invited to participate. Live entertainment - entertainment in the form of music, singing, speaking or similar activities that are enhanced by amplification equipment. This includes bands, concerts, performances, karaoke and disk jockey functions. Outdoor entertainment – entertainment in the form of music, singing, speaking and similar activities, amplified or non-amplified that is located outside of or partially outside of the area of the sponsoring property permitted for normal retail sales or services. Private business - any business enterprise operating for the purpose of creating a profit. Special activity – any public or private activity held within the City of Edgewater in which it can be reasonably anticipated that the number of persons attending the activity will exceed the on- site parking, seating or sanitary facilities available at the premises upon which activity will take place or that services will be required beyond that which are regularly provided by the City such as additional traffic control, crowd control, fire and/or emergency services, street closures, cleanup or other municipal services. Special activity permit – a permit issued by the City to authorize a special activity. Sponsor/promoter – any person, group or entity ultimately responsible in full or part for producing, operating, sponsoring or maintaining a special activity. Strike through passages are deleted. 36 Underlined passages are added. 2018-O-28 21-37.03 – Special Activity Permit Requirements a. The uses authorized by a Special Activity Permit are temporary and all permitted improvements shall be removed within five (5) days of the completion of the special activity. b. The number of special activities at any given location or address shall not exceed: 1. One 10-day period and two 1-day charitable events/activity between the period of January 1st through June 30th; and 2. One 10-day period and two 1-day charitable events/activity between the period of July 1 st through December 31st. 3. The City Council may grant an exemption to the number events/activities permitted per year for a specific location or address. The exemption shall not be granted for more than a one (1) year period. All other requirements contained in this Section shall apply. c. Outdoor entertainment/amplified sound in conjunction with a special activity shall be permitted only between the times of 1:00 p.m. to 10:00 p.m., unless otherwise authorized by the City. 21-37.04 – Special Activity Permit Application Process a. A special activity permit will be required for each special activity held within the City of Edgewater. No special activity permit will be required for any event sponsored or co- sponsored by the City if it is occurring on public property. b. A special activity permit application must be completed and submitted to the Development Services Department for review by City staff at least 60-days in advance of the activity for special activity permits that are required to go before City Council for approval and 21-days for special activity permits that only require Staff approval. The application must include specific dates and times of the planned activity (including set up and demobilization), number and types of vendors, types and hours of entertainment, specific parking layouts, quantity and number of sanitary facilities. If the application is for a charitable event/activity, sufficient information (financial, medical and/or socio-economic) must be provided for a clear determination that the event meets the criteria of a charitable event/activity. Hours for outdoor entertainment/amplified sound are described in Section 21-37.03 of this Article. c. The completed special activity permit application and staff comments will be provided to the City Council for review and consideration at the next regularly scheduled meeting for those events that exceed an anticipated attendance of 2,000 people. City staff will notify affected property owners within 500-feet of the site requesting the special activity permit from City Council and the date and time of the City Council meeting in which the application will be reviewed. The applicant shall provide names and addresses of each affected property owner, obtained from the Volusia County Property Appraiser’s office. Strike through passages are deleted. 37 Underlined passages are added. 2018-O-28 21-37.05 – Special Activity Permit Criteria a. The proposed activity will not result in unsafe ingress/egress for either pedestrians or vehicles. b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes conditions. c. The proposed activity shall comply with the City’s Land Development Code and noise ordinance conditions. d. The proposed activity will direct on-site lighting away from adjacent parcels and roadways. e. The proposed activity shall have adequate sanitary facilities. f. The applicant shall post a bond or provide insurance in the amount of $500,000 if no on-site alcohol consumption is proposed and $1,000,000 if on-site alcohol consumption is permitted and/or pyrotechnics are proposed to indemnify and hold the City harmless of any and all liabilities. g. The City Council may waive the requirements as contained in Section 21-35.01 for alcohol sales and/or consumption associated with a special activity. h. The City Council may add other conditions to protect the health, safety and welfare of the residents. 21-37.06 – Temporary Structures It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshal shall verify such compliance is obtained. 21-37.07 – Inspections to Ensure Compliance The City shall provide scheduled and unscheduled inspections prior to and/or during the special activity by police, fire, code enforcement, building and/or City administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity permits that include outdoor entertainment may require a code enforcement officer to remain on site during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter. Appropriate State agencies are responsible for the inspection of amusement rides and public food preparation facilities. 21-37.08 – Penalties Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three Strike through passages are deleted. 38 Underlined passages are added. 2018-O-28 times the cost of the application fee as well as all associated City fees. No further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one-year period. A repeat offender is defined as a sponsor/promoter who violates any of the conditions of the special activity permit more than one time in a six-month period. 21-37.09 – Exceptions Any special activity sponsored/promoted by a civic group or non-profit organization or co- sponsored by the City of Edgewater may be exempt from any and all fee requirements. This decision shall be rendered by the City Council and any waiver granted regarding these requirements is only binding and applicable upon that one activity or portion thereof and shall not mean that the sponsor/promoter has any rights to future waivers. SECTION 21-38 – FENCES, WALLS and HEDGES 21-38.01 – Purpose The purpose of this Section is to set forth the standards necessary to regulate the use of fences. 21-38.02 – General Requirements The following regulations shall apply to the erection of fences, and walls and hedges. a. All fencing materials must comply with the definition in Article II and shall be consistent with or similar to other fencing in the vicinity. b. All fences shall comply with the provisions of the applicable building codes and are required to obtain a building permit. c. Fences may be located in all front, side and rear yard setback areas and directly on property lines, provided that if a fence encroaches into a utility access easement or right-of-way, the City shall not be responsible. d. The maximum allowable height of all fences located between the front property line and the primary building frontage line of residential properties and river front lots of residential property not subject to site plan review shall be four feet (4’). Fences located in these areas must be non-opaque (50% visibility). The maximum allowable height of all other fences in residential areas shall be six feet (6’) including side corner yards and meet the site triangle requirements. Six (6’) foot fences on side corner lots shall be setback ten feet (10’) from the property line. In commercial and industrial areas no fence shall exceed ten feet (10’) feet in height unless otherwise approved as part of a development plan and meet the site triangle requirements. The filling or berming of property solely for the purpose of creating a barrier that exceeds the height requirements contained herein is prohibited. Strike through passages are deleted. 39 Underlined passages are added. 2018-O-28 e. Concrete block walls shall be constructed with appropriate reinforcement as determined by the Building Official. Block walls shall be stucco and painted to compliment the surrounding character of the area. f. All fences shall be erected with the finished side facing outward or away from the enclosed screened area. The “good-side” (side without posts) of fence shall be facing public view. g. Approval to exceed maximum height limitations may be granted by the Development Services Director/Planning Director subject to either of the following: 1. The enclosed or screened area is sufficiently lower than adjoining lands to render a fence of the maximum allowable height inadequate for its intended purpose. 2. The area to be enclosed or screened contains a nuisance or a hazard that cannot adequately be encompassed or obscured by a fence of the maximum allowable height. h. Fences with barbed wire shall be prohibited in conjunction with residential development. In nonresidential development, up to three (3) strands of barbed wire may be installed at the top of a fence. For regulatory purposes, barbed wire shall not be included in the measurement of the fence height. In no case shall barbed wire be allowed to overhang or extend outside of the property lines of the site on which the fence is installed, nor shall any barbed wire be installed at a height of less than six-feet (6’) with the exception of agriculturally zoned property. i. Electric or electrified fences and/or any fencing containing chicken wire shall be prohibited except in agriculturally zoned districts for the containment of livestock. j. Customary fencing around public recreational amenities shall be exempt from height restrictions. k. Opaque fencing shall not be permitted on lots fronting on large lakes, rivers, golf courses or other common areas deemed as an aesthetic amenity. l. Fences shall conform to the “site-triangle” requirements as set forth below: 21-38.03 – Site Triangle Requirements a. Nothing shall be erected, planted or placed in a manner as to materially impede vision between a height of two and one-half feet (2 ½’) to ten feet (10’) above the intersecting street right-of-way lines. The site triangle shall be measured twenty five feet (25’) in each direction from the intersecting right-of-way lines. These regulations may also apply in commercial ingress and egress driveway areas if the TRC determines that a safety hazard may exist. (See Site Triangle Diagram on the following page) Strike through passages are deleted. 40 Underlined passages are added. 2018-O-28 Strike through passages are deleted. 41 Underlined passages are added. 2018-O-28 Strike through passages are deleted. 42 Underlined passages are added. 2018-O-28 Strike through passages are deleted. 43 Underlined passages are added. 2018-O-28 SECTION 21-39 – PAIN CLINICS 21-39.01 – Purpose The purpose of this Section is to set forth the standards necessary for the regulation of pain clinics. 21-39.02 – General Requirements a. Pain Clinics shall not have employees, full-time, part-time, contract, independent or volunteers who have been convicted of or who have pled guilty or nolo contendere at any time to an offense constituting a felony in this state or in any other state involving the prescribing, dispensing, supplying, selling or possession of any controlled substance within a five (5) year period prior to the date of the application for a Certificate of Use and that the Pain Clinics shall not employ any such persons thereafter. b. The Pain clinic shall be operated by a medical director who is a licensed physician in the State. c. The Pain Clinic shall not limit the form of payment for services or prescriptions to cash only. d. Pain Clinics are prohibited from having any outdoor seating areas, queues or customer waiting areas or permitting patients to wait on the Pain Clinic property outside the Pain Clinic building. There shall be no loitering outside of the Pain Clinic building, including any parking area, sidewalk, right-of-ways or adjacent properties. No loitering signs shall be posted in conspicuous areas on all sides of the building. All activities of a Pain Clinic, including sale, display, preparation and storage shall be conducted entirely within a completely enclosed building. e. The Pain Clinic shall not be operated by or have any contractual or employment relationship with a physician: 1. Whose drug enforcement administration number has ever been revoked. 2. Whose application for a license to prescribe, dispense or administer a controlled substance has been denied or revoked by any jurisdiction. f. The owner or physician shall not have been convicted of violating a pain management ordinance in a different city, county or state. g. Pain Clinics are prohibited from having an on-site pharmacy for Controlled Substance Medication. h. There shall be no on-site sale or consumption of alcoholic beverages on the property containing a Pain Clinic. i. No Pain Clinic shall be located within five hundred (500) feet within an established private or public school, church or daycare facility. Strike through passages are deleted. 44 Underlined passages are added. 2018-O-28 j. No Pain Clinic shall be located within one thousand (1,000) feet of another Pain Clinic. k. Within thirty (30) days of the removal of a Pain Clinic from a building, site or parcel of land for any reason, the property owner shall be responsible for removing all signs, symbols or vehicles identifying the premises as a Pain Clinic. In the event of noncompliance with this provision the City may remove such signs at the expense of the property owner. l. Pain Clinics shall remain in compliance with all federal, state, county and municipal laws and ordinances as may be amended from time to time m. Pain Clinics may operate Monday through Friday during the hours of 9:00 a.m. and 5:00 p.m. only. n. Pain Clinics shall have a waiting room of at least three hundred (300) gross square feet in area and each examination room shall consist of at least one hundred (100) gross square feet in area. o. Pain Clinics shall provide one (1) parking space per ten (10) gross square feet of waiting room area, two (2) parking spaces per one (1) examination room and one (1) parking space per two hundred fifty (250) gross square feet of the remaining building area. p. All Pain Clinics shall allow representatives of the City to enter and inspect their places of business during business hours or at any time the business is occupied for the purpose of an initial inspection to verify compliance with the requirements of the City Land Development Code, Code of Ordinances, Florida Building Code and Florida Fire Prevention Code prior to Certificate of Use approval and thereafter on an annual basis in conjunction with the Certificate of Use renewal. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2018-O-30,Version:1 ITEM DESCRIPTION: 1st Reading - Ordinance No. 2018-O-30: Glenn Storch, requesting annexation of 1.37± acres of land located at 4520 South Ridgewood Avenue. OWNER:Charles J. Barry REQUESTED ACTION: Annexation LOCATION:4520 South Ridgewood Avenue AREA:1.37± acres PROPOSED USE: No proposed changes to existing use CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT:Volusia County A-3 (Transitional Agriculture) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) East Vacant/Retail/Service Volusia County Urban Low Intensity and Commercial Volusia County B-4W (General Commercial) South Single Family Residence Commercial B-3 (Highway Commercial) West Single Family Residence Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) Background:The subject property is located on South Ridgewood Avenue and is currently vacant; the property owner has no plans for development at this time. The property to the south was annexed on March 5, 2018 and is under the same ownership. The amendments to the Future Land Use and Zoning Maps shall occur simultaneously with the annexation of the subject property. At their regular meeting of October 10, 2018 the Planning and Zoning Board voted to send a favorable recommendation to City Council. Land Use Compatibility:The subject property is contiguous to the City limits and is located within the Interlocal Service Boundary Area adopted in October 2015. Adequate Public Facilities:There is access to the parcel via South Ridgewood Avenue; water and sewer mains are located on the City of Edgewater Printed on 12/20/2018Page 1 of 2 powered by Legistar™ File #:2018-O-30,Version:1 Adequate Public Facilities:There is access to the parcel via South Ridgewood Avenue; water and sewer mains are located on the east side of South Ridgewood Avenue. Comprehensive Plan Consistency:The annexation of the subject property is consistent with Objective 1.8 of the Future Land Use Element. RECOMMENDED ACTION Motion to approve Ordinance No. 2018-O-30. City of Edgewater Printed on 12/20/2018Page 2 of 2 powered by Legistar™ Struck through passages are deleted Underlined passages are added 2018-O-30 1 ORDINANCE NO. 2018-O-30 AN ORDINANCE ANNEXING 1.37± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 4520 SOUTH RIDGEWOOD AVENUE (PARCEL IDENTIFICATION NUMBER 8530-00-00-0030), VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Glenn D. Storch, applicant, has applied for annexation on behalf of Charles J. Barry, owner of property located at 4520 South Ridgewood Avenue within Volusia County, Florida. Subject property contains approximately 1.37± acres. 2. The applicant has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is compact and contiguous to the City’s boundaries and is within the Interlocal Service Boundary Agreement mutually adopted by Volusia County and the City. The conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on October 10, 2018, the Board recommended that the property be annexed into the City of Edgewater. Struck through passages are deleted Underlined passages are added 2018-O-30 2 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit “A” and depicted in the map identified as Exhibit “B”, which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edgewater are hereby redefined to include the property described herein and depicted in the map identified as Exhibit “B”. 3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled “Description of City of Edgewater Corporate Limits” shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. Struck through passages are deleted Underlined passages are added 2018-O-30 3 If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by _______, with Second by _________________, the vote on the first reading of this ordinance held on January 7, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary T. Conroy Struck through passages are deleted Underlined passages are added 2018-O-30 4 After Motion to approve by with Second by _____________, the vote on the second reading/public hearing of this ordinance held on February 4, 2019 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 4th day of February, 2019. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By: ___________________________ Robin Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 4th day of February, 2019 under Agenda Item No. 8_____. Struck through passages are deleted Underlined passages are added 2018-O-30 5 EXHIBIT “A’ LEGAL DESCRIPTION The South 100 feet of the North 400 feet of Government Lot 1, lying West of State Road, Section 30, Township 18 South, Range 35 East Volusia County, Florida. Containing 1.37± acres more or less and being in Volusia County, Florida This legal description includes any/all adjoining right-of-way relating to the subject property. Struck through passages are deleted Underlined passages are added 2018-O-30 6 EXHIBIT “B” AcornWay Ne l l ie S t Shady Oaks LnWilliam St Lake James CirSRi dgewoodAve. Subject Property Date: 9/12/2018 . Date: 9/12/2018 Subject Property City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2018-O-31,Version:1 ITEM DESCRIPTION: 1st Reading - Ordinance No. 2018-O-31: Glenn Storch, requesting an amendment to the Future Land Use Map to include 1.37± acres of land located at 4520 South Ridgewood Avenue as Commercial. OWNER:Charles J. Barry REQUESTED ACTION: Amendment to the Future Land Use Map to include property as Commercial. LOCATION:4520 South Ridgewood Avenue AREA:1.37± acres PROPOSED USE: No proposed changes to existing use CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT:Volusia County A-3 (Transitional Agriculture) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) East Vacant/Retail/Service Volusia County Urban Low Intensity and Commercial Volusia County B-4W (General Commercial) South Single Family Residence Commercial B-3 (Highway Commercial) West Single Family Residence Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) Background:The subject property is located on South Ridgewood Avenue and is currently vacant; the property owner has no plans for development at this time. The property to the south was annexed on March 5, 2018 and is under the same ownership. The annexation and Zoning Map amendment shall occur simultaneously with the Future Land Use Map amendment of the subject property. At their regular meeting of October 10, 2018 the Planning and Zoning Board voted to send a favorable recommendation to City Council. Land Use Compatibility:The subject property is located on South Ridgewood Avenue; an arterial roadway. Commercial development along this corridor is most consistent with the existing uses. Future development will be required to provide an City of Edgewater Printed on 12/20/2018Page 1 of 2 powered by Legistar™ File #:2018-O-31,Version:1 increased setback and landscape buffer adjacent to any existing residential uses. Adequate Public Facilities:There is access to the parcel via South Ridgewood Avenue; water and sewer mains are located on the east side of South Ridgewood Avenue. Comprehensive Plan Consistency: Volusia County Urban Low Intensity is described as areas for low density residential dwelling units with a range of two-tenths (0.2) to four (4) dwelling units per acre. This residential designation is generally characterized by single family type housing, e.g., single family detached and attached, cluster and zero lot line. This designation will allow existing agricultural zoning and uses to continue. The ULI designation is primarily a residential designation but may also allow neighborhood convenience uses and individual office buildings as transitional uses. City of Edgewater Commercial allows for a density up to 0.5 floor area ratio. Allowable uses include, but are not limited to; retail, professional/medical offices, personal care, restaurants, and auto sales and repair. The Existing Land Use Map of the Future Land Use Element indicates the majority of the parcels along South Ridgewood Avenue as Commercial. Parcels located within unincorporated Volusia County along South Ridgewood Avenue maintain either an Urban Low Intensity or Commercial Future Land Use designation with most zoning being B-4 (General Commercial). RECOMMENDED ACTION Motion to approve Ordinance No. 2018-O-31. City of Edgewater Printed on 12/20/2018Page 2 of 2 powered by Legistar™ Strike through passages are deleted. 1 Underlined passages are added. 2018-O-31 ORDINANCE NO. 2018-O-31 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY COMMERCIAL F OR 1.37± ACRES OF CERTAIN REAL PROPERTY LOCATED 4520 SOUTH RIDGEWOOD AVENUE, EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Glenn D. Storch, applicant for Charles J. Barry, property owner, has applied for an amendment to the Comprehensive Plan Future Land Use Map to include property located at 4520 South Ridgewood Avenue within Volusia County, Florida as Commercial. Subject property contains approximately 1.37± acres. WHEREAS, the Planning and Zoning Board, sitting as the City’s Local Planning Agency, held a Public Hearing pursuant to 163.3174, Fla. Stat. (2016), on Wednesday, October 10, 2018, and by a vote of 6-0, recommended that the City Council approve the proposed Plan Amendment; WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Strike through passages are deleted. 2 Underlined passages are added. 2018-O-31 PART A. AMENDMENT. Ordinance No. 81-O-10, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended to include property described in Exhibits “A” and “B” on the Future Land Use Map as Commercial (1.37± acres). PART B. PUBLIC HEARINGS. It is hereby found that a public hearing held by the City Council to consider adoption of this ordinance on December 3, 2018 at 6:30 p.m. in the City Council Chambers at City Hall, 104 N. Riverside Drive, Florida, after notice published at least 10 days prior to hearing is deemed to comply with 163.3184, Fla. Stat. (2016). PART C. CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. Strike through passages are deleted. 3 Underlined passages are added. 2018-O-31 PART E. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, with property, or circumstance. PART F ADOPTION. After Motion to approve by with Second by , the vote on the first reading of this ordinance held on January 7, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary T. Conroy Strike through passages are deleted. 4 Underlined passages are added. 2018-O-31 After Motion to approve by , Second by, the vote on the second reading/public hearing of this ordinance held on February 4, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 4th day of February, 2019. ATTEST: COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 4th day of February, 2019, under Agenda Item No. 8 . Strike through passages are deleted. 5 Underlined passages are added. 2018-O-31 EXHIBIT “A” LEGAL DESCRIPTION The South 100 feet of the North 400 feet of Government Lot 1, lying West of State Road, Section 30, Township 18 South, Range 35 East Volusia County, Florida. Containing 1.37± acres more or less and being in Volusia County, Florida Strike through passages are deleted. 6 Underlined passages are added. 2018-O-31 EXHIBIT “B” AcornWay Ne l l ie S t Shady Oaks LnWilliam St Lake James CirSRi dgewoodAve. Subject Property Date: 9/12/2018 . Date: 9/12/2018 Subject Property OakSt Douglas St A c o rn Way Thomas StNell ie S t William St Shady Oaks LnLake James CirSRi dgewoodAveThis map is for illustrative purposes only. The data represented is provided as a public service for general informationand 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 PropertyParcel: 8530-00-00-0030 Proposed City: CommercialS R idgewood Ave William St Nel l ie S t Shady Oaks LnLake James CirThomas St Acorn Way . . Date: 9/12/2018 Date: 9/12/2018 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general informationand 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 PropertyParcel: 8530-00-00-0030 Current County Future Land Use:ULI - Urban Low Intensity County of VolusiaFuture Land Use Map City Limits Subject Property AGRICULTURE COMMERCIAL CONSERVATION ENVIRONMENTAL SYSTEMS CORRIDOR FORESTRY RESOURCE GATEWAY GREENKEY INDUSTRIAL LOW IMPACT URBAN PUBLIC/SEMI-PUBLIC RURAL URBAN HIGH INTENSITY URBAN LOW INTENSITY URBAN MEDIUM INTENSITY INCORPORATED City of EdgewaterFuture 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 Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2018-O-32,Version:1 ITEM DESCRIPTION: 1st Reading - Ordinance No. 2018-O-32: Glenn Storch, requesting an amendment to the Official Zoning Map to include 1.37± acres of land located at 4520 South Ridgewood Avenue as B-3 (Highway Commercial). OWNER:Charles J. Barry REQUESTED ACTION:Amendment to the Official Zoning Map to include property as B-3 (Highway Commercial). LOCATION:4520 South Ridgewood Avenue AREA:1.37± acres PROPOSED USE: No proposed changes to existing use CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT:Volusia County A-3 (Transitional Agriculture) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) East Vacant/Retail/Service Volusia County Urban Low Intensity and Commercial Volusia County B-4W (General Commercial) South Single Family Residence Commercial B-3 (Highway Commercial) West Single Family Residence Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) Background:The subject property is located on South Ridgewood Avenue and is currently vacant; the property owner has no plans for development at this time. The property to the south was annexed on March 5, 2018 and is under the same ownership. The annexation and Future Land Use Map amendment shall occur simultaneously with the Zoning Map amendment of the subject property. Adjacent property owners were notified of the request on September 28, 2018. Staff has not received any objections. At their regular meeting of October 10, 2018 the Planning and Zoning board voted to send a favorable recommendation to City City of Edgewater Printed on 12/20/2018Page 1 of 2 powered by Legistar™ File #:2018-O-32,Version:1 Council. Land Use Compatibility:The subject property is located on South Ridgewood Avenue; an arterial roadway. Commercial development along this corridor is most consistent with the existing uses. Future development will be required to provide an increased setback and landscape buffer adjacent to any existing residential uses. Adequate Public Facilities:There is access to the parcel via South Ridgewood Avenue; water and sewer mains are located on the east side of South Ridgewood Avenue. Comprehensive Plan Consistency:The proposed B-3 (Highway Commercial) zoning designation is compatible with the Commercial Future Land Use designation per Table III-1 of the Land Development Code. RECOMMENDED ACTION Motion to approve Ordinance No. 2018-O-32. City of Edgewater Printed on 12/20/2018Page 2 of 2 powered by Legistar™ Strike through passages are deleted. 1 Underlined passages are added. 2018-O-32 ORDINANCE NO. 2018-O-32 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM VOLUSIA COUNTY A-3 (TRANSITIONAL AGRICULTURE) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR 1.37± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 4520 SOUTH RIDGEWOOD AVENUE, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Glenn D. Storch is the applicant on behalf of Charles J. Barry, owner of property located at 4520 South Ridgewood Avenue within Volusia County, Florida. Subject property contains approximately 1.37± acres. 2. The owner has submitted an application for a change in zoning classification from Volusia County A-3 (Transitional Agriculture) to City B-3 (Highway Commercial) for the property described herein. 3. On October 10, 2018, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 5. The proposed change in zoning classification is not contrary to the established land use pattern. 6. The proposed change in zoning classification will not adversely impact public facilities. Strike through passages are deleted. 2 Underlined passages are added. 2018-O-32 7. The proposed change in zoning classification will not have an adverse effect on the natural environment. 8. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification is hereby changed from Volusia County A-3 (Transitional Agriculture) to City B-3 (Highway Commercial), for the property described in Exhibits “A” & B”. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The GIS Technician is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or Strike through passages are deleted. 3 Underlined passages are added. 2018-O-32 circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by ______________, with Second by _______________________, the vote on the first reading of this ordinance held on January 7, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary T. Conroy Strike through passages are deleted. 4 Underlined passages are added. 2018-O-32 After Motion to approve by with Second by _____________, the vote on the second reading/public hearing of this ordinance held on February 4, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 4th day of February, 2019. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:___________________________ Robin Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 4th day of February, 2019 under Agenda Item No. 8_____. Strike through passages are deleted. 5 Underlined passages are added. 2018-O-32 EXHIBIT “A” LEGAL DESCRIPTION The South 100 feet of the North 400 feet of Government Lot 1, lying West of State Road, Section 30, Township 18 South, Range 35 East Volusia County, Florida. Containing 1.37± acres more or less and being in Volusia County, Florida Strike through passages are deleted. 6 Underlined passages are added. 2018-O-32 EXHIBIT “B” AcornWay Ne l l ie S t Shady Oaks LnWilliam St Lake James CirSRi dgewoodAve. Subject Property Date: 9/12/2018 . Date: 9/12/2018 Subject Property OakSt Douglas St A c o rn Way Thomas StNell ie S t William St Shady Oaks LnLake James CirSRi dgewoodAveThis map is for illustrative purposes only. The data represented is provided as a public service for general informationand 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 PropertyParcel: 8530-00-00-0030 Proposed City Zoning:B-3 - Highway Commercial OakSt Douglas St A c o rn Way Thomas StNell ie S t William St Shady Oaks LnLake James CirSRi dgewoodAve.. Date: 9/12/2018 Date: 9/12/2018 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general informationand 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 PropertyParcel: 8530-00-00-0030 Current County Zoning:A-3 Transitional Agriculture . ZoningAgricultureRT - Rural TransitionalR1 - Single Family ResidentialR2 - Single Family ResidentialR3 - Single Family ResidentialR4 - Multi Family ResidentialR5 - Multi Family ResidentialRPUD-Residential Planned Unit DevelopmentRP - Residential ProfessionalMH1 - Mobile Home ParkMH2 - Manufactured Home B2 - Neighborhood BusinessB3 - Higway CommercialB4 - Tourist CommercialI1 - Light IndustrialI2 - Heavy IndustrialIPUD - Industrial Planned Unit Development R - RecreationP/SP - Public/Semi-PublicC - ConservationMPUD - Mixed Use Planned Unit DevelopmentSCD/PUD-Sustainable Community Development Planned Unit DevelopmentRetains County Zoning County Zoning A-1 A-2 A-3 A-4 B-2 B-4 B-5 BPUD C CW FR I-1 I-4 MH-1 MH-2 MH-3 MH-4 MH-5 MH-6 MH-8 MPUD PW R-3 R-4 R-6 RA RC RCW RPUD RR City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2018-O-26,Version:1 ITEM DESCRIPTION: 1st Reading - Ordinance No. 2018-O-26: Glenn D. Storch requesting approval to establish an RPUD Agreement for 292.5± acres of land located east and west of Volco Road. OWNER:Edgewater Preserve, LLC REQUESTED ACTION:Establish an RPUD Agreement for 292.5± acres of land located east and west of Volco Road for a development to be known as Edgewater Preserve. LOCATION: East and west of Volco Road AREA:292.5± acres PROPOSED USE: 774-Unit Residential Subdivision CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential with Conservation Overlay and Conservation ZONING DISTRICT:RPUD (Residential Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residential and Vacant Low Density Residential with Conservation Overlay R-2 (Single Family Residential) and R-3 (Single Family Residential) East Single Family Residential and Vacant Low Density Residential with Conservation Overlay and Volusia County Rural and Environmental Systems Corridor RPUD (Residential Planned Unit Development) and Volusia County A-2 (Rural Agriculture) South Single Family Residential and Vacant Low Density Transition with Conservation Overlay and Volusia County Rural and Environmental Systems Corridor RT (Rural Transition) and Volusia County RC (Resource Corridor) and A-2 (Rural Agriculture) West Single Family Residential and Vacant Volusia County Rural and Environmental Systems Corridor Volusia County RC (Resource Corridor) and A-2 (Rural Agriculture) Background:The subject property was annexed into the City in 2001 as part of the Edgewater Lakes Development; this portion was to be known as Phase II and permitted 399 dwelling units. In 2004 the Edgewater Lakes PUD Agreement was amended and omitted City of Edgewater Printed on 12/20/2018Page 1 of 2 powered by Legistar™ File #:2018-O-26,Version:1 any and all development rights for Phase II. The zoning designation of the property remains RPUD; however there is currently not an RPUD Agreement associated with the property. The applicant is proposing a PUD Agreement to develop the property with a maximum of 774 dwelling units. The proposed PUD Agreement allows for: ·Single family and townhome dwelling units ·Eight phases ·50-foot wide lots and greater (Single Family) ·Golf cart use ·A minimum of two (2) recreation areas ·Playgrounds and playfields ·9,200± linear feet of walking trails ·Landscaping and tree preservation ·Open Space areas ·Wetlands preservation Adjacent property owners were notified of the request on September 28, 2018; staff has not received any objections. At their regular meeting of October 10, 2018 the Planning and Zoning Board voted to send a favorable recommendation to City Council. Land Use Compatibility:The proposed development does not exceed the maximum density permitted within the Future Land Use designation of the subject property and properties to the north and east. Adjacent properties within unincorporated Volusia County maintain a Future Land Use that requires a lower density; however the proposed development has substantial wetland preservation areas which will act as a buffer to the existing residential structures. Adequate Public Facilities:The developer will be required to install all required infrastructure for the project; including, but not limited to, roads; water; sewer; reclaimed water; sidewalks and streetlights. Staff has determined that there is adequate capacity for water and sewer for the development. The developer will be required to pay a 10% deposit for water and sewer impact fees prior to the issuance of a Notice of Commencement for each Phase of development reserving capacity for no more than 36-months if not utilized. Comprehensive Plan Consistency:The Low Density Residential Future Land Use designation allow up to four (4) dwelling units per net acre; the proposed development does not exceed the maximum density. The preliminary plat and construction plans for the development will be reviewed by the Technical Review Committee for consistency with the Comprehensive Plan and Land Development Code prior to the required public hearings. RECOMMENDED ACTION Motion to approve Ordinance No. 2018-O-26. City of Edgewater Printed on 12/20/2018Page 2 of 2 powered by Legistar™ Edgewater Preserve 1 RPUD Agreement 2018-O-26 ORDINANCE NO. 2018-O-26 AN ORDINANCE ESTABLISHING AN RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) AGREEMENT FOR 292.5± ACRES OF CERTAIN REAL PROPERTY LOCATED EAST AND WEST OF VOLCO ROAD; WEST OF THE FEC RAILROAD, EDGEWATER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Glenn D. Storch is the applicant on behalf of Edgewater Preserve, LLC, owner of property located east and west of Volco Road; west of the FEC Railroad within Volusia County, Florida. Subject property contains approximately 292.5± acres. 2. The applicant has submitted an application to establish an RPUD (Residential Planned Unit Development) Agreement for the property described herein. 3. On September 12, 2018, the Local Planning Agency (Planning and Zoning Board) considered the application for the RPUD Agreement. 4. The proposed RPUD Agreement is consistent with all elements of the Edgewater Comprehensive Plan. 5. The proposed development is not contrary to the established land use pattern. 6. The proposed development will not adversely impact public facilities. 7. The proposed development will not have an adverse effect on the natural environment. 8. The proposed change will not have a negative effect on the character of the surrounding area. Edgewater Preserve 2 RPUD Agreement 2018-O-26 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ESTABLISHMENT OF AN RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) AGREEMENT FOR CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The RPUD Agreement for the property described in Exhibit “A” is hereby attached and hereto incorporated as Exhibit “B”. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusia County, Florida. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Edgewater Preserve 3 RPUD Agreement 2018-O-26 PART F. ADOPTION. After Motion to approve by ______________, with Second by _______________________, the vote on the first reading of this ordinance held on January 7, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary T. Conroy Edgewater Preserve 4 RPUD Agreement 2018-O-26 After Motion to approve by with Second by _____________, the vote on the second reading/public hearing of this ordinance held on February 4, 209, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 4th day of February, 2019. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:___________________________ Robin Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 4th day of February 2019 under Agenda Item No. 8_____. Edgewater Preserve 5 RPUD Agreement 2018-O-26 EXHIBIT “A” LEGAL DESCRIPTION U.S. LOT 2, SECTION 14, TOWNSHIP 18 SOUTH, RANGE 34 EAST, EXCEPTING THEREFROM THE EAST 330 FEET OF THE WEST 660 FEET OF THE NORTH 660 FEET AND EXCEPTING THEREFROM THE VOLCO ROAD RIGHT OF WAY AS MAY BE CLAIMED BY VOLUSIA COUNTY, FLORIDA. U.S. LOTS 3 AND 4, SECTION 14 TOWNSHIP 18 SOUTH, RANGE 34 EAST. THAT PART OF SECTION 48, TOWNSHIP l8 SOUTH, RANGE 34 EAST, BEING PART OF THE JANE MURRAY GRANT, LYING WESTERLY OF THE FLORIDA EAST COAST RAILWAY, A 100 FOOT RIGHT OF WAY AND EXCEPTING THEREFROM VOLCO ROAD RIGHT OF WAY AS MAY BE CLAIMED BY VOLUSIA COUNTY, FLORIDA. Containing 292.5± acres more or less and being in Volusia County, Florida Edgewater Preserve 6 RPUD Agreement 2018-O-26 EXHIBIT “B” RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Edgewater Preserve 7 RPUD Agreement 2018-O-26 RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT EDGEWATER PRESERVE THIS AGREEMENT is made and entered into this day of , 2019 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, EDGEWATER PRESERVE, LLC, a Florida limited liability company, whose address is 1041 Ives Dairy Road, Suite 238, Miami, Florida 33140 (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 292.50± acres located on Volco Road, in Edgewater, Volusia County, Florida. The legal description of the property is attached hereto as Exhibit "A" - Legal Description. The record owner of the subject property is Edgewater Preserve, LLC. 2. DURATION OF AGREEMENT The duration of this Agreement shall be thirty (30) years and run with the land. The Developer shall commence construction of Edgewater Preserve as defined by the Master Plan, dated September 13, 2018 (Exhibit “B”) within twenty-four (24) months of the effective date of this Agreement. Edgewater Preserve shall be developed in eight (8) phases consisting of a maximum of 774 residential units as shown on the Master Plan. Individual phases may be developed and constructed simultaneously and/or in any order, however, final construction plan Edgewater Preserve 8 RPUD Agreement 2018-O-26 approval shall be required for each phase and the restrictions of this Agreement shall apply to each phase of development. Development must also incorporate a preliminary plat which must be approved by the Planning and Zoning Board and City Council prior to commencement of any authorized work. The Agreement may 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, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastes and on-site modification, fabrication, erection or installation of a treatment facility or a transmission system for the conveyance of potable water. Land clearing and site preparation activities related to this construction are not included herein; however, before undertaking land clearing activities, other permits for stormwater discharges from the site may be required. Final approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 3. DEVELOPMENT STANDARDS Development of this Property is subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code (LDC). The Property shall be developed consistent with the Master Plan. Final project approval may be subject to change based upon final environmental, permitting, and planning considerations and/or Federal and State regulatory agencies permit requirements. a. Average Lot Size Unit Count Edgewater Preserve shall not exceed a total of 774 dwelling units. The single family lots are planned to be 5,000 square feet or greater. The townhome lots shall be individually platted lots. Unit location and type and their configuration on the Conceptual Plan may be Edgewater Preserve 9 RPUD Agreement 2018-O-26 modified in accordance with the terms of this Agreement. Said townhome lot location, type, and configuration shall be established at the time of preliminary plat upon approval by the City. Further, individual phases may be developed as 55 and older communities. Single family and townhome units shall be permitted in all residential phases; however, townhomes shall not be permitted in Phase 8 as shown on the Master Plan and the total number of townhome units for all phases shall be limited to 25% of the total number of units permitted for the Property. Guest parking areas shall be provided as part of any townhome developments within Edgewater Preserve. Said guest parking areas shall be in addition to those minimum parking spaces required by the City Land Development Code. One guest parking space shall be required for every 10 constructed townhome units, which shall be rounded up to the nearest whole parking space. Based on Final Subdivision Plan approval, the total number of units may vary but the maximum residential units allowed for Edgewater Preserve shall not exceed four (4) dwelling units per net acreage or a total of 774 units. i. Phasing Phase I 102 Lots Phase II 72 Lots Phase III 103 Lots Phase IV 93 Lots Phase V 85 Lots Phase VI 102 Lots Phase VII 97 Lots Phase VIII 66 Lots ii. Minimum Lot Size Single Family Dwelling Units Townhome Dwelling Units Area 5,000 SF Area 1,750 SF Width 50-feet Width 20-feet Depth 110-feet Depth 100-feet Max Height 35-feet Max Height 35-feet Max Impervious Max Impervious Coverage 70% Coverage 80% Max Building Max Building Coverage 50% Coverage 60% Edgewater Preserve 10 RPUD Agreement 2018-O-26 A minimum of 20% of the total single-family lots permitted within Edgewater Preserve shall be at least 60 feet in width and said 60-foot-wide lots shall make up at least 10% of each phase of development. Lot width shall be measured along the innermost front and rear setback lines to ensure compliance with the above requirement; however, under no circumstances shall any lot frontage be less than 50 feet. b. Minimum House Square Footage The minimum gross house square footage for single family dwelling units shall be at least 1,200 square feet living area under air, with a minimum of a two-car garage. Carports will not be permitted. The minimum gross house square footage for townhome units shall be at least 850 square feet living area under air. c. Minimum Yard Size and Setbacks Single Family Dwelling Units Townhome Dwelling Units Front 25-feet Front No Alley 20-feet Alley 10-feet Rear 15-feet Rear No Alley 10-feet Alley 20-feet Side 5-feet Side 10-feet (no setback required between units) Side Corner 10-feet Side Corner 10-feet Swimming Pools Side and Rear 5-feet Swimming Pools n/a to pool deck edge d. Roads Roads within Edgewater Preserve will have a minimum right-of-way of fifty-feet (50’) with twenty feet (20’) of pavement with a two-foot (2’) of Miami curb and gutter per side and constructed pursuant to the City’s Standard Details. Utilities shall be dedicated to the City of Edgewater Preserve 11 RPUD Agreement 2018-O-26 Edgewater. Said roads within Edgewater Preserve shall be either: (1) dedicated to the public subsequent to final City inspection and by a final plat, or (2) be private gated roads as long as construction meets the requirements and standards of the City LDC and dedicated to the Edgewater Preserve Homeowners Association subsequent to final City inspection and by a final plat. Private and public roads shall be identified as part of the preliminary plat submittal for each phase. Parking shall be permitted only on one (1) side of each road within Edgewater Preserve, and a covenant and restriction for same shall be included in the formation documents of Edgewater Preserve Homeowners Association if said roads are dedicated to the Association. For private roads, 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. Golf carts shall be permitted within Edgewater Preserve. Golf carts are defined as a motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes that is not capable of exceeding speeds of twenty (20) miles per hour. All golf carts operating upon properly designated roads and streets shall meet all minimum equipment standards established by Florida Statutes, as amended. Developer shall provide a transportation impact analysis for each phase of development included as part of a preliminary plat submittal for Edgewater Preserve, and the development shall incorporate the improvements proposed in the approved transportation impact analysis. e. Stormwater Management The retention and detention pond(s) shall meet the requirements for the St. Johns River Water Management District and the City of Edgewater LDC. The pond(s) will be owned and maintained by the Edgewater Preserve Homeowners Association (HOA). Developer shall provide an outfall to a publicly owned or controlled drainage conveyance system and obtain an Edgewater Preserve 12 RPUD Agreement 2018-O-26 off-site drainage easement 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 per the requirements set forth in Article IV (Resource Protection Standards) of the LDC, as may be amended from time to time. f. Signage Edgewater Preserve shall be permitted to have a maximum of five (5) entry signs; one (1) at each of its external entrances on Volco Road. A maximum area for each entry sign, which shall be calculated to include the outside edge of the cabinet or frame, shall be a maximum of forty-eight (48) square feet for three (3) of the five (5) permitted signs and a maximum of twenty-four (24) square feet for the remaining two (2) permitted signs. Developer shall determine which three (3) signs will have the larger external sign face. The entry signs shall be ground/monument signs and shall not exceed eight (8) feet in height. Signage will be located along the main entrance road not within the right-of-way of Volco Road and shall meet the current City LDC. All future responsibility of maintenance will be that of the Edgewater Preserve Homeowners Association. g. Trees, Landscaping and Irrigation There shall be a minimum of four (4) trees per each single-family home building lot. Trees shall be 2-1/2" in diameter, measured 6" above the soil line and shall be of the variety allowed by the City of Edgewater. Landscaping for common areas and minimum tree requirements for individual residential lots shall comply with the current LDC. Landscaping and irrigation for common areas shall comply with the current LDC. Developer shall provide a twenty-foot (20’) wide natural buffer along Volco Road, as shown on Exhibit “B”, which shall be owned and maintained by the HOA. Preservation areas depicted on the Master Plan may be Edgewater Preserve 13 RPUD Agreement 2018-O-26 utilized to meet said landscaping and tree requirements. Common areas and entrance medians will be irrigated by reclaimed water. All irrigation must comply with all Volusia County Waterwise Landscaping and Irrigation Standards. Piping for reclaimed water irrigation shall be installed by the Developer. Connection fees for reclaimed water will be required at time of connection for each area to be irrigated based on the fee resolution in affect, which may be amended from time to time. Monthly fees for common areas will be charged to the HOA based on the fee resolution in affect, which may be amended from time to time. h. Entrance to Subdivision Five (5) entrances, per the Master Plan, shall be permitted for accessing the development from Volco Road. i. Mailboxes Developer agrees to request approval from the United States Postal Serve for the use of a Centralized Mail Delivery System(s). j. Easements Easements for rear yard construction purposes shall be located between every other lot and shall have a width of ten feet (10’), being five feet (5’) on each side of the lot lines for the benefit of the adjoining lots in the event that access to the rear of the lot is required and the individual lot owners side yard width is not adequate to accommodate the access. Easements for public utilities shall be dedicated to the City and any other public utility provider. Developer agrees to provide, at no cost to the City, all required utility easements (on and off-site) for drainage and utility service consistent with this Agreement. Edgewater Preserve 14 RPUD Agreement 2018-O-26 k. Model Homes and Temporary Offices Five (5) single family lots for each phase within Edgewater Preserve shall be designated for use as potential model home or temporary sales office lots. A model home may be used as a sales office from the time the plat is recorded until such time as the last lot is developed within the subdivision. Temporary structures, such as trailers, recreational vehicles, and the like may be permitted as a temporary sales office while a model home is under construction. Such temporary office shall only be permitted for an interim period not to exceed 120-days or until completion of the first model home, whichever occurs first. Model home construction prior to plat recording shall only be allowed upon compliance with the following requirements: i. Provision for fire protection, including testing and approval of the water system by the Florida Department of Environmental Protection (FDEP), if on-site hydrants are required to service the area where the proposed models will be constructed. ii. Construction of access roads to the model home sites prior to building permit issuance, to the extent necessary to allow sufficient access by City vehicles for inspections. iii. Permanent utility connections cannot be made until the sanitary sewer system has been completed and approved by FDEP. Temporary utilities, once inspected and approved by the City, shall be permitted until permanent utility connections are provided. iv. Any Sales Center shall provide handicap accessible restrooms. Additional requirements, restrictions and conditions may be imposed by the City to address specific site or project concerns. A temporary Certificate of Occupancy issued as provided in the Florida Building Code for model homes shall be secured to allow for limited use Edgewater Preserve 15 RPUD Agreement 2018-O-26 and occupancy of the structure as a model home/sales office. Upon conversion of the model homes back to a single family dwelling, a new and permanent certificate of occupancy shall be issued upon completion reflecting the single family dwelling classification. Temporary flags or insignias which read "model", "open", "open house" or any other phrase which identifies property for real estate purposes may be displayed until such time as the last lot is developed within the Development in the following locations and numbers: i. The maximum height of any temporary flags shall be eight feet (8') with a maximum size of fifteen (15) square feet. ii. The number of flags shall not exceed four (4) and shall be permitted on private/common property and prohibited in the right of way area and site triangle area as outlined in the Land Development Code, Section 21-38.03. iii. Each model home may have a ground-base sign, not exceeding 20 square feet with a maximum height of eight (8) fee, indicating “Model Home”. iv. Each sales office may have a maximum of two (2) flags or signs not exceeding fifteen (15) square feet each in area with a maximum height of eight (8) feet indicating “Sales Center”. v. Temporary event signs shall be allowed on private/common property within the Development for special builder sale events, including but not limited to a “parade of homes” or similar sales promotion. Such temporary signage shall be erected for no more than 72 hours. A maximum of two special builder events shall be allowed in any calendar quarter. Edgewater Preserve 16 RPUD Agreement 2018-O-26 4. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS The Declaration of Covenants, Conditions and Restrictions: Articles of Incorporation and By-Laws for the HOA will be recorded in the public records of Volusia County at the time the Final Plat for Edgewater Preserve is recorded. 5. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Edgewater Preserve is Low Density Residential with Conservation Overlay and Conservation. The zoning designation for Edgewater Preserve is RPUD (Residential Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's permitted uses for RPUD (Residential Planned Unit Development) are applicable to the development of the property and consistent with the adopted Comprehensive Plan/Future Land Use Map. 6. PUBLIC FACILITIES a. Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable water system at nearest point of connection. All water distribution systems shall be “looped” whenever possible in order to prevent future stagnation of water supply. All water main distribution system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at time of platting or in accordance with the requirements contained in the LDC as it relates to performance bonds. b. Developer agrees to connect to and utilize the City's wastewater transmission and collection system. All wastewater collection and transmission system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the Edgewater Preserve 17 RPUD Agreement 2018-O-26 City and dedicated to the City prior to or at the time of platting or in accordance with the requirements contained in the LDC as it related to performance bonds. c. Developer agrees to connect to and utilize the City's reclaim water system. Developer agrees to connect to the City's reclaimed water system at nearest point of connection. All reclaimed water distribution systems shall be “looped” whenever possible in order to prevent future stagnation of reclaimed water supply. All reclaimed water main distribution system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at time of platting or in accordance with the requirements contained in the LDC as it relates to performance bonds. d. Developer agrees to provide, at no cost to the City, all required utility easements (on and off-site) for drainage and utility services consistent with this provision. e. All utility services shall be underground. f. Off-site improvements are the Developer's responsibility and shall be required at the time of Final Plat approval and City inspection approval and shall meet all City, County and/or State requirements and approval. g. Impact fees will be paid in accordance with the following schedule: 1. Water and Sewer Impact Fees. A 10% deposit will be paid prior to the issuance of the Notice of Commencement for each phase, thereby reserving capacity. Capacity reservation shall be based on capacity available on the date of payment, but it shall not be guaranteed if not utilized within thirty-six (36) months of the date fees paid. The balance of water and sewer impact fees will be paid at time of building permit issuance for each dwelling unit at the rate in effect at that time. In the event of an increase in impact fees, the difference between the new impact fees and the deposit will be due with the building Edgewater Preserve 18 RPUD Agreement 2018-O-26 permit submittal. The 10% deposit will be calculated on a dollar basis in the event of an impact fee increase. 2. Police, Fire, Parks and Recreation, Road and Transportation Impact Fees and Utility Connection Fees to be paid at the time of building permit issuance for each dwelling unit. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. 3. Volusia County Road and School Impact fees (if deemed applicable by the Volusia County School District) - Paid to County by applicant with proof of payment provided to the City prior to a Building Certificate of Occupancy. The amount of all required impact fees shall be at the prevailing rate authorized at the time of payment of impact fees. h. All infrastructure facilities and improvements shall be constructed in compliance with applicable federal, state, and local standards. i. A concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. j. Developer, at the time of development shall provide all public facilities to support this project including the following: 1. Water Distribution System including fire hydrants. 2. Sewage Collection and Transmission System. 3. Stormwater collection/treatment system, including outfall system. 4. Reclaimed Water Distribution System. 5. Irrigation water distribution system with associated irrigation wells. Edgewater Preserve 19 RPUD Agreement 2018-O-26 6. All required pavement marking and signage (stop signs, road signs, etc.) within the Subdivision. All permanent markings and signage shall comply with Florida Department of Transportation (FDOT) standards. Enhanced special signage may be used if it meets FDOT standards and approved by the City. 7. A four-foot (4’) public sidewalk to be installed by the Developer on all common areas within the development and four-foot (4’) sidewalks to be installed by individual builders prior to issuance of Certificate of Occupancy by the City of Edgewater. Sidewalks along common areas shall be constructed and approved by the City prior to issuance of the first Certificate of Occupancy for the development. Developer shall provide a bond or surety in a form acceptable to the City in the amount stated in the current fee resolution per lineal foot for two (2) years. If sidewalks are not completed within two (2) years of initial construction of each phase, the Developer will install the remaining sidewalks. 8. Two (2) recreation areas, with a combined area of approximately 3.5 acres, and approximately 9,200± linear feet of walking trails, will be provided to serve the residents as depicted on Exhibit “B” Master Plan, with one recreation area to be completed prior to construction of the first phase of development and second to be completed prior to construction of the third phase of development. The recreational areas will include fields and small playground and equipment for children. Recreation walking trails and sightseeing docks shall be provided as depicted on the Master Edgewater Preserve 20 RPUD Agreement 2018-O-26 Plan as part of the construction for the phase that includes such improvements. Recreational areas shall be deemed as common areas and maintenance will be the responsibility of the home owner’s association. 9. A Maintenance Bond equal to 10% of the cost of the infrastructure improvements shall be provided to the City prior to recording the Final Plat. The Maintenance Bond shall be in effect for a two (2) year period from the date of completion of the public facilities. 10. A Performance Bond, or other acceptable financial instrument such as a Letter of Credit, may be accepted by the City and shall be 110% of the costs of all remaining required improvements. 7. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and Land Development Code and is compliant with all concurrency requirements set forth in said documents. 8. DEDICATION OF LAND FOR PUBLIC PURPOSES The Developer shall convey to the City, by warranty deed and title insurance free and clear of all liens and encumbrances at plat dedication, all roadway right-of-way and utility easements as required. 9. PERMITS REQUIRED The Developer will obtain required development permits or letters of exemption. Permits may include but not be limited to the following: Edgewater Preserve 21 RPUD Agreement 2018-O-26 1. Department of Environmental Protection, St. Johns River Water Management District, Army Corps of Engineers and Florida Fish and Wildlife Conservation Commission. 2. City of Edgewater - Subdivision Preliminary and Final Plat Approval, Subdivision Construction Plan Approval, all applicable clearing, removal, construction and building permits. 10. DEVELOPMENT REQUIREMENTS The Developer shall establish a mandatory Homeowners Association for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The HOA documents, including applicable Articles of Incorporation; Covenants and Restrictions; and By- Laws shall be reviewed and approved by the City prior to final plat approval. The mandatory HOA will be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption. Streetlights shall be installed at all entrances and intersections and shall meet the requirements set forth in the LDC by the Developer prior to issuance of the Certificate of Occupancy on the first dwelling unit. The HOA shall also be responsible for the maintenance of stormwater areas within the common area tracts, as depicted on the plat. 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. Developer agrees to reimburse the City of Edgewater for direct costs associated with the Edgewater Preserve 22 RPUD Agreement 2018-O-26 legal review, engineering review, construction inspections, construction of required infrastructure improvements, and the review and approval of the final plat related to the development, including recording fees. 11. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with such conditions, terms, restrictions or other requirements determined to be necessary by the City for the public health, safety or welfare of its citizens. 12. APPEAL If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 13. PERFORMANCE GUARANTEES During the term of this Agreement, regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. 14. BINDING AFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. Edgewater Preserve 23 RPUD Agreement 2018-O-26 15. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recording shall be paid by the Developer. 16. PERIODIC REVIEW The City shall review the development subject to this Agreement every 12 months, commencing 12 months after the date of this Agreement to determine if there has been good faith compliance with the terms of this Agreement. If the City finds on the basis of competent substantial evidence that there has been a failure to materially comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. Any such revocation or modification shall only occur after the City has notified the Developer in writing of Developer's failure to materially comply with the terms of this Agreement and Developer fails to cure such breach after receiving written notice and a reasonable opportunity to cure such breach from the City. 17. APPLICABLE LAW This Agreement and provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. 18. TIME OF THE ESSENCE Time is hereby declared of the essence of the lawful performance of the duties and obligations contained in the Agreement. Edgewater Preserve 24 RPUD Agreement 2018-O-26 19. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. Substantial changes, as determined by the City Manager, shall require City Council approval. 20. FURTHER DOCUMENTATION The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 21. SPECIFIC PERFORMANCE Both the City and the Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 22. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. Edgewater Preserve 25 RPUD Agreement 2018-O-26 23. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. 24. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 25. SEVERABILITY If any sentence, phrase, paragraph, provision or portion of this Agreement is for any reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick, Michael Thomas City Clerk/Paralegal Mayor Edgewater Preserve 26 RPUD Agreement 2018-O-26 Witnessed by: DEVELOPER EDGEWATER PRESERVE, LLC By Sheldon Salcman, Manager STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me on this day of 2019, by , who is personally known to me or has produced as identification and who did (did not) take an oath. Notary Public Stamp/Seal Edgewater Preserve 27 RPUD Agreement 2018-O-26 EXHIBIT "A" LEGAL DESCRIPTION U.S. Lots 2, Section 14, Township 18 South, Range 34 East, excepting therefrom the east 330 feet of the west 660 feet of the north 660 feet and excepting therefrom the Volco Road Right of Way as may be claimed by Volusia County, Florida. U.S. Lots 3 and 4, Section 14, Township 18 South,Range 34 East. That part of Section 48,Township l8 South, Range 34 East, being part of the Jane Murray Grant, lying westerly of the Florida East Coast Railway, a 100 foot Right of Way. And excepting therefrom Volco Road Right of Way as may be claimed by Volusia County, Florida. Struck though passages are deleted. 28 Underlined passages are added 2018-O-26 EXHIBIT “B” MASTER PLAN VolcoRd. Subject Property Date: 8/7/2018 . Date: 8/7/2018 Subject Property N22°43'54"W 2496.60'S89°33'17"W 1517.65'N21°54'31"W 1369.14'S89°40'37"W 858.85'N22°35'25"W 3631.06'N21°54'31"W 813.65'S68°38'42"W 1882 .94 'N68°36'42"E 1839 .74 'N89°04'05"E 329.78'N89°04'53"E 1547.44'N88°59'47"E 902.54'N01°09'59"W 660.05'S01°11'14"E 660.11' S01°10'42"E 1319.98'N00°55'42"W 329.82'123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293415538652594465153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239240241242243244245246247248249250251252253254255256257258259260261262263264265266267268269270271272273274275276277278279280281282283284285286287288289290291292293294295296297298299300301302303304305306307308309310311312313314315316317318319320321322323324325326327328329330331332333334335336337338339340341342343344345346347348349350351352353354355356357358359360361362363364365366367368369370371372373374375376377378379380381382383384385386387388389390391392393394395396397398399400401402403404405406407408409410411412413414416417418419421420422423424426425427428430429431432433434435436437438439440441442443444445446447448449450451452453454455456457458459460461462463464466467468475469470471472473474476478477480479481482483484491492493494495496497498499500501502504503505506511507508509510512514513515516517518519520521522523524525526527528529530531532534535536537539540543541542545544549546547 548551550552553554555556557558559560561562563564565566567568569570571572573574575576577578579580581582583584585586587 588589590591592593597595596598600599601604602603609605606607608611610612613614615616617618619620621622623624625626627628629630631632633634635636637638639640641642643644645646647648649650651656653654655662657659660661663666664665667668669670671672673674675676677678679680681682683684685686687688689690691692693694695696697698699700701702703705 704708706707711709710713712719714715716717718720721488485490489486487658152151150149148147146145144143142141140139138137136135134133132131130129128127125126124123122121120119118117116115114113111112110109108107106105104103102101100999897969495DATE:DESIGN BY:DRAWING NUMBERDATEREVISIONSDESCRIPTIONPROJECT No:DRAWN BY:CHECKED BY:SCALE:NEWKIRKENGINEERINGCivil Engineering TransportationConstruction Engineering &Inspection1370 North US1, Suite 204Ormond Beach, Florida 32174Phone (386) 290-7599Harry@Newkirk-Engineering.comCertificate of AuthorizationNo. 30209C 20132017-40FEBRUARY 2017HHNDABHHNEDGEWATER PRESERVE VOLCO ROAD EDGEWATER, FL 32141BRADLEY D. BAUKNECHT, P.E. # 75388NO. 75388STATE OFPROFESSIONAL ENGI N EER BR A D L EY DONALD BAUKNECHLI CENSEFLORIDATTHIS DRAWING IS THE PROPERTY OF NEWKIRKENGINEERING ANY USE OR REPRODUCTION INWHOLE OR PART IS PROHIBITED WITHOUT THEEXPRESSED WRITTEN CONSENT OF NEWKIRKENGINEERING COPYRIGHT 2014 ALL RIGHTSRESERVEDPUD SITE PLANEX-11" = 200'1"=200'GRAPHIC SCALE1002000200400(4.73 ACRES)FLORIDA EAST COAST RAILROAD(100' R/W)VOLCO ROAD(120' R/W) (45 MPH)RECREATIONAL AREA(1.25+/- ACRES)RECORDED BALD EAGLENEST LOCATION103 LOTSPHASE 1 102 LOTSPHASE 4 PHASE 5 85 LOTSPHASE 8 PHASE 7 66 LOTS93 LOTS97 LOTSPHASE 3 PHASE 6 102 LOTSPHASE 2 72 LOTSRECREATIONAL AREA(2.25+/- ACRES)SCALE: 1" = 1200'AERIAL MAPSITE LOCATIONLAT: 28°55'56.4" NLON: 80°53'29.9" WS RIDGEWOOD AVEVOLCO ROADWETLAND/UPLANDPRESERVATIONWETLAND/UPLANDPRESERVATIONWETLAND/UPLANDPRESERVATIONWETLAND/UPLANDPRESERVATIONWETLAND/UPLANDPRESERVATIONWETLAND/UPLANDPRESERVATIONWETLAND/UPLANDPRESERVATIONWETLAND/UPLANDPRESERVATIONWETLAND/UPLANDPRESERVATIONWETLAND/UPLANDPRESERVATIONWET PONDWET PONDWET PONDWET PONDWET PONDWET PONDWET PONDWET PONDWET PONDWET PONDWET PONDWET PONDWET PONDWET PONDWET PONDWETLAND/UPLANDPRESERVATIONRECREATIONSIDEWALKSIGHT SEEINGDOCK35TH STREETFLORIDA EAST COAST RAILROADSITE DATA TABLETAX PARCEL ID NUMBER14-18-34-00-00-0030 & 48-18-34-00-00-0031EXISTING ZONINGRPUDPROPOSED ZONINGRPUDFUTURE LAND USE DESIGNATIONLOW DENSITY RESIDENTIALPROPOSED LAND USELOW DENSITY RESIDENTIALTOTAL PROJECT AREA292.50+/- ACRESTOTAL WELTANDS/FLOODPLAIN AREA75.71+/- ACRESDENSITY4 UNITS PER 1 ACRESINGLE-FAMILY DWELLING UNITSMAXIMUM IMPERVIOUS COVERAGE70%MINIMUM LOT SIZE ARE5,000 SFMINIMUM LOT WIDTH50 FT SHALL BE PERMITTED BUT LIMITED TO 80%OF TOTOAL SINGLE-FAMILY LOTS60 FT SHALL BE PERMITTED BUT LIMITED TO 20%OF TOTAL SINGLE-FAMILY LOTSMINIMUM LOT DEPTH110 FTMAXIMUM HEIGHT35 FTMINIMUM YARD SIZE SETBACKFRONT25 FTREAR15 FT (SWIMMING POOLS SHALL BE PERMITTEDTO ENCROACH UP TO 10 FT INTO THE REARYARD SETBACKSIDE5 FTBUILDING COVERAGEMAXIMUM BUILDING COVERAGE50%MINIMUM BUILDING COVERAGE1,200 SF (LIVING AREA UNDER AIR, INCLUDINGGARGAGE)TOWNHOUSE DWELLING UNITSMAXIMUM IMPERVIOUS COVERAGE80%MINIMUM YARD SIZE SETBACKFRONT (NO ALLEY)20 FTFRONT (WITH ALLEY)10FtSIDE10 FT, NO SIDE SETBACK SHALL BE REQUIREDBETWEEN INDIVIDUAL TOWNHOUSE UNITSREAR (NO ALLEY)10 FTREAR (WITH ALLEY)20 FtRPUD DRAWINGS FORSECTION 14 & 48, TOWNSHIP 18 S, RANGE 34 EVOLCO ROADEDGEWATER, FL 32141JULY 2018REVISED DECEMBER 2018EDGEWATER PRESERVEWET PONDWETLAND/UPLANDPRESERVATIONRECREATIONSIDEWALKSIGHT SEEINGDOCKPROPOSED 24' WIDE EMERGENCY ACCESS(STABILIZED AND SODDED)9/7/18 REVISED PER CITY COMMENTS DATED 7-31-18 o A vrbor Lane A) 4,0 c) Rd • — &,`,k ki -TrL ... CL�st Wind do ter,,!�ay- Park C., 624 Volco Rd OWashingtcn PE Google Earth ter 1p G. 4 's 0 Z V. k p 9V Rvocatior, CRiv( I -j 1�0N 4000 ft Volco RdThis map is for illustrative purposes only. The data represented is provided as a public service for general informationand 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. Parcels:8414-00-00-0030 & 8448-00-00-0031 Proposed City ZoningRPUD - Residential Planned Unit DevelopmentVolco Rd.. Date: 10/8/2018 Date: 10/8/2018 Existing Proposed This map is for illustrative purposes only. The data represented is provided as a public service for general informationand 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 PropertyParcels:8414-00-00-0030 & 8448-00-00-0031Current City Zoning:RPUD - Residential Planned Unit Development. 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 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2019-O-05,Version:1 COUNCIL AGENDA ITEM SUBJECT: 1st Reading - Ordinance No. 2019-O-05 Florida-Friendly Fertilizer Use Control DEPARTMENT: Environmental Services SUMMARY: As part of the intergovernmental Reasonable Assurance Plan to improve water quality in the Mosquito Lagoon, the Florida Department of Environmental Protection (FDEP) advocates each local government adopt a fertilizer use control ordinance to limit the amount of nutrient pollution that ends up in the Mosquito Lagoon (Indian River). In 2009, FDEP developed model language for local governments to adopt which incorporates by reference the Best Management Practices promulgated by FDEP as updated from time to time. Volusia County adopted a “Florida-Friendly Fertilizer Use” ordinance in 2014 based on the FDEP model language. The proposed City ordinance matches the provisions of the Volusia County ordinance for consistency and defensibility purposes. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion to approve Ordinance No. 2018-O-05. City of Edgewater Printed on 12/20/2018Page 1 of 1 powered by Legistar™ 1 Struck through passages are deleted. Underlined passages are added. #2019-O-05 ORDINANCE NO. 2019-O-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING CHAPTER 19 (UTILITIES AND SERVICES), ARTICLE VIII GREATER EDGEWATER, WASTEWATER AND RECLAIMED WATER SERVICE AREA BY DELETING SECTIONS 19-109 AND 19-110 - RESERVED AND CREATING ARTICLE IX (FLORIDA-FRIENDLY FERTILIZER USE); OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CONFICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the quality of our rivers, estuaries, streams, lakes and the offshore waters of the Atlantic Ocean, including the Indian River Lagoon is critical to the health, safety and welfare of the citizens of the City of Edgewater; and WHEREAS, nonpoint sources of pollution, including fertilizer runoff, contribute significant amounts of nutrients to our water bodies; and WHEREAS, runoff from improper use of fertilizer can contribute to nitrogen and phosphorus pollution in the city’s stormwater and drainage conveyances and natural water bodies; and WHEREAS, pursuant to Section 403.9337(1), Florida Statutes, all local governments are encouraged to adopt and enforce the Florida Department of Environmental Protection’s Model Ordinance for Florida-Friendly Fertilizer Use, or an equivalent requirement as a mechanism for protecting local surface and groundwater quality; and WHEREAS, pursuant to Section 403.9337(2), Florida Statutes, all local governments within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to Section 403.067, Florida Statutes, shall, at a minimum, adopt the model ordinance, 2 Struck through passages are deleted. Underlined passages are added. #2019-O-05 and a local government may adopt additional or more stringent standards with compliance of the current statutes; and WHEREAS, this ordinance is part of a comprehensive program to address nutrient pollution, which includes, but is not limited to, stormwater management, surface water quality improvement, water conservation, septic tank management and abatement, public education, and land development standards; and WHEREAS, more specifically regarding stormwater, the city has a strict stormwater ordinance and illicit discharge enforcement program; and WHEREAS, the city has a sophisticated stormwater management program to address reduction of pollution from nonpoint sources; and WHEREAS, to address target areas, the city develops stormwater master plans; and WHEREAS, the city actively identifies stormwater management projects for implementation; and WHEREAS, the city initiates specific projects to improve surface water quality, including projects that have reduced street flooding, improved maintenance of drainage facilities, reduced erosion and sedimentation in canals and ditches and improved the overall quality of water in our canals, lakes and aquifers; and WHEREAS, the Florida Department of Environmental Protection has deemed the Mosquito Lagoon impaired by nutrients pursuant to Section 403.067, Florida Statutes; and WHEREAS, the Florida Department of Environmental Protection has estimated nutrient contributions from nonpoint source pollution, including fertilizer in the city’s surface waters; and WHEREAS, during the City Council meeting held on December 3, 2018 Council recommended that the City create a section/regulation for Fertilizer Use Control. NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: 3 Struck through passages are deleted. Underlined passages are added. #2019-O-05 PART A. AMENDING AND RESTATING CHAPTER 19 (UTILITIES AND SERVICES), ARTICLE VIII GREATER EDGEWATER, WASTEWATER AND RECLAIMED WATER SERVICE AREA BY DELETING SECTIONS 19-109 - 19-110 - RESERVED AND CREATING ARTICLE IX (FLORIDA-FRIENDLY FERTILIZER USE) IN ITS ENTIRETY, OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA Chapter 19 (Utilities and Services), Article IX (Florida-Friendly Fertilizer) is amended and restated pursuant to Exhibit “A”, which is attached and incorporated herein. PART B. CONFLICTING PROVISIONS All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. if this ordinance of any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. PART D. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word “ordinance”, may be changed to “section”, “article”, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE This ordinance shall take effect upon adoption. 4 Struck through passages are deleted. Underlined passages are added. #2019-O-05 PART F. ADOPTION After Motion to approve by __________________________________________ with Second by __________________________________________, the vote on the first reading of this ordinance held on January 7, 2019, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary Conroy After Motion to approve by __________________________________________ with Second by __________________________________________, the vote on the public hearing/second reading of this ordinance held on February 4, 2019, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary Conroy 5 Struck through passages are deleted. Underlined passages are added. #2019-O-05 PASSED AND DULY ADOPTED this ____________ day of February, 2019. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Robin L. Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this _______ day of February, 2019 under Agenda Item #8_____ 6 Struck through passages are deleted. Underlined passages are added. #2019-O-05 EXHIBIT “A” ARTICLE VIII. GREATER EDGEWATER WATER, WASTEWATER AND RECLAIMED WATER SERVICE AREA Sec. 19-101. - Creation; purpose. There is hereby created under authority of F.S. § 180.02 (1985) an area defined as the "City of Edgewater, Wastewater and Reclaimed Water Service Area" for the purpose of delivering to that area water, wastewater and reclaimed water services and exercising within that area the powers provided for by law. Sec. 19-102. - Property map. The Edgewater Water, Wastewater and Reclaimed Water Service Area shall include the property in Volusia County, attached hereto as Exhibit "A", and by reference incorporated herein as if fully set forth on file and available for inspection in the office of the city clerk. The map may be updated from time to time. Sec. 19-103. - Extension from corporate limits. The Greater Edgewater Water, Wastewater and Reclaimed Water Service Area shall not extend for more than five miles from the corporate limits from the city, as amended from time to time. Sec. 19-104. - Property within any other incorporated municipality excluded. None of the Greater Edgewater Water, Wastewater and Reclaimed Water Service Area includes any area within the city limits of any other incorporated municipality. Sec. 19-105. - Legal description. The legal description by metes and bounds of the land in Volusia County, Florida, included within the City of Edgewater City Water, Wastewater, and Reclaimed Water Service Area is on file with the city clerk and available for inspection and copying. Sec. 19-106. - Reserved. Sec. 19-107. - Water and wastewater availability. (a) To the full extent permitted by law, all buildings and structures which are located or constructed on property in the Greater Edgewater Water, Wastewater and Reclaimed Water Service Area and which are adjacent to a public right-of-way or easement that has a water main or gravity sanitary wastewater located in it, are hereby required, except as provided in paragraphs (b) and (c), to connect with and use the services and facilities of 7 Struck through passages are deleted. Underlined passages are added. #2019-O-05 the city water and wastewater systems in order to preserve the health, safety and welfare of the citizens and inhabitants of the Edgewater Water, Wastewater and Reclaimed Water Service Area. (b) A water main or gravity sanitary wastewater is considered adjacent or available to a property when it is located anywhere in a public right-of-way or easement adjoining the property. A water main or gravity sanitary wastewater will not be considered available in a state road right-of-way unless it is located on the same side of the paved roadway as the property to be served. When the water main and/or gravity sanitary wastewater is available to a property that property will be billed a water service availability charge and/or a wastewater service availability charge as set forth by resolution of the city council. The service availability charge will be credited toward the development fee at the time the building or structure located on the property is connected to the city water and/or wastewater systems as set forth in this article. (c) If a water main is adjacent or available to a property, and a building or structure located on that property is connected to an individual well, then that building or structure will be required to be connected to the City of Edgewater's water system when the well system fails, becomes contaminated or experiences a dry well condition or a permit is requested from the Volusia County Health Department or other appropriate authority for a replacement well but shall be connected to the water main no greater than ninety (90) days from the date of notification. Secs. 19-108. - 19-110. - Reserved. Sec. 19-108. Reserved. ARTICLE IX. RESERVED Secs. 19-111—19-122. - Reserved. Shall read as follows: CHAPTER 19 (UTILITIES AND SERVICES) ARTICLE IX (FLORIDA-FRIENDLY FERTILIZER USE) Sec. 19-109. Findings. As a result of impairment to surface waters caused by excessive nutrients, and as a result of increasing levels of nitrogen in the surface and around water within the aquifers and springs, the City Council hereby determines that the use of fertilizers creates a risk of contributing to adverse effects on surface and groundwater. Accordingly, the City Council hereby finds that management measures promulgated by the Florida Department of Environmental Protection (FDEP) as contained in the most recent edition of the manual “Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries” are required. 8 Struck through passages are deleted. Underlined passages are added. #2019-O-05 Sec. 19-110. Purpose and intent. This article regulates the proper use of fertilizers by any applicator; requires proper training of commercial and institutional fertilizer applicators; establishes training and licensing requirements; establishes a prohibited application period; and specifies allowable fertilizer application rates and methods, fertilizer-free zones, low maintenance zones, and exemptions. This article requires the use of best management practices, which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other waterbodies. Collectively, these waterbodies are an asset critical to the environmental, recreational, cultural and economic well-being of City residents and the health of the public in general. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both nitrogen and phosphorus contained in fertilizer, will help improve and maintain water and habitat quality. Sec. 19-111. Definitions. For the purposes of this article, the following terms shall have the meanings set forth in this section. Words used in the singular shall include plural, and the plural, singular; words used in the present tense shall include future tense. The word “shall” is mandatory and not discretionary. The word “may” is permissive. Words not defined herein shall have the meaning given in other sections of this Code and if not therein, shall have the meaning given by common and ordinary use: Administrator means the City Manager or an administrative official designated by the City Manager to administer and enforce the provisions of this article. Application or apply means the actual physical deposit of fertilizer to turf and/or landscape plants. Applicator means any person who applies fertilizer on turf and/or landscape plants. Approved best management practices training program means a training program approved pursuant to F.S.§403.9338 or any more stringent requirements set forth in this article that includes the most current version of the Florida Department of Environmental Protection (FDEP) manual “Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries”, as may be amended. Best management practices means turf and landscape practices or a combination of practices based on research, field-testing, and expert review determined to be the most effective and practicable on-location means, including economic and technological considerations, for the improving water quality, conserving water supplies and protecting natural resources. Code enforcement officer, official or inspector means any designated employee or agent whose duty is to enforce codes and ordinances. 9 Struck through passages are deleted. Underlined passages are added. #2019-O-05 Commercial fertilizer applicator, except as provided in F.S. §482.1562(9), means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. Fertilize means the act of applying fertilizer to turf, specialized turf or landscape plants. Fertilizer means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth or controls soil acidity or alkalinity or provides other soil enrichment, or provides other corrective measures to the soil. Fertilizer does not include unmanipulated peat or compost which make no claims as described in the preceding sentence. Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. Institutionalized fertilizer applicator means any person, other than a private, noncommercial or a commercial fertilizer applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional fertilizer applicators shall include, but not be limited to: owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. Landscape plant means any native or exotic tree, shrub or groundcover (excluding turf). Low maintenance zone means an area a minimum of ten feet wide adjacent to watercourses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc. Person means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. Prohibited application period means the time period during which a flood watch or warning, a tropical storm watch or warning, a hurricane watch or warning is in effect for any portion of Volusia County, issued by the National Weather Service, or if heavy rain, as defined by the World Meteorological Organization, as rainfall greater than or equal to two inches in a 24-hour period is likely. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this article, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick-release product. Turf, sod or lawn means a piece of grass-covered soil held together by the roots of the grass. 10 Struck through passages are deleted. Underlined passages are added. #2019-O-05 Sec. 19-112. Applicability. This article shall apply and regulate any and all applicators of fertilizer and areas of application of fertilizer within the incorporated limits of the City, unless such applicator is specifically exempted by the terms of this article. This article shall be prospective only and shall not impair any existing contracts. Sec. 19-113. Timing of fertilizer application. (a) No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the prohibited application period, or to saturated soils. (b) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site and shall not be applied for the first 30 days after seeding or sodding, except when hydro-seeding for temporary or permanent erosion control in an emergency situation, or in accordance with an adopted stormwater pollution prevention plan for that site. (c) Fertilizer containing nitrogen or phosphorus shall not be applied to turf or landscape plants June 1 through September 30 of each year. Sec. 19-114. Fertilizer-free zones. Fertilizer shall not be applied within 15 feet of any pond, stream, watercourse, lake, canal or wetland as defined by the Florida Department of Environmental Protection Rule 62-340, Florida Administrative Code, or from the top of a seawall. Newly planted turn and/or landscape plants may be fertilized in this zone only for a 60-day period beginning 30 days after planting if needed to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. Sec. 19-115. Low maintenance zones. A voluntary ten-foot low maintenance zone is strongly recommended, but not mandated from any pond, stream, watercourse, lake, wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over-spray of aquatic weed products in this zone. Sec. 19-116. Fertilizer content and application rates. (a) Fertilizers applied to turf shall be applied in accordance with requirements and directions provided by Rule 5E-1.003 Florida Administrative Code, “Fertilizer Label Requirements for Urban Turf, Sports Turf or Lawns”. (b) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in subsection (a) for turf or in the University of Florida/IFAS recommendations for landscape plants, vegetable gardens and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. 11 Struck through passages are deleted. Underlined passages are added. #2019-O-05 (c) Fertilizers containing phosphorous shall not be applied to turf, sod, laws or landscape plants in the City of Edgewater. No fertilizer containing phosphorus shall be applied to turf, sod, lawns or landscape plants unless a soil or plant tissue deficiency is verified by a testing methodology approved by the University of Florida, Institute of Food and Agricultural Sciences. If a deficiency is verified, the application of fertilizer containing phosphorus shall adhere to the rates and directions for the appropriate region of Florida as adopted by Florida Administrative Code Rule. This subsection supersedes any inconsistent provisions in subsections (a) and (b) regarding phosphorus. (d) Fertilizers containing nitrogen applied to turf or landscaping plants within the City of Edgewater shall contain no less than 50 percent slow release nitrogen per guaranteed analysis label. This subsection supersedes any inconsistent provisions in subsections (a) and (b) regarding nitrogen. Sec. 19-117. Application practices. (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and waterbodies, including wetlands. (b) Fertilizer shall not be applied, spilled or otherwise deposited on any impervious surfaces. (c) Any fertilizer applied, spilled or deposited, either intentionally or accidentally on any impervious surface shall be immediately and completely removed to the greatest extent practicable. (d) Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. (e) In no case shall fertilizer be washed, swept or blown off impervious surfaces into stormwater drains, ditches, conveyances or waterbodies. Sec. 19-118. Management of grass clippings and vegetative matter. In no case shall grass clippings, vegetative material and/or vegetative debris be washed, swept or blown off into stormwater drains, ditches, conveyances, waterbodies, wetlands or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. Sec. 19-119. Exemptions. This article shall apply to: (1) Bona fide farm operations as defined in F.S.§823.14, “Florida Right to Farm Act.” (2) Other properties not subject to or covered under subsection (a) that have pastures used for grazing livestock. (3) Any lands used for bona fide scientific research, including but not limited to: research on the effects of fertilizer use on stormwater, water quality, agronomics or horticulture. (4) Golf courses, athletic fields and turf managed for active recreation, whose owners implement best management practices as described in Rule 5E-1.003(2)(d), Florida Administrative Code, “Fertilizers Labeled for Sports Turf at Golf Courses, Parks and Athletic Fields.” 12 Struck through passages are deleted. Underlined passages are added. #2019-O-05 Sec. 19-120. Training. (a) All commercial and institutional fertilizer applicators shall abide by and successfully complete the six-hour training program in the annual “Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries” offered by the Florida Department of Environmental Protection (FDEP) through the University of Florida/IFAC Florida-Friendly Landscapes Program, or an approved equivalent. (b) Private, noncommercial applicators are encouraged to follow the recommendations of the University of Florida/IFAS Florida Yards and Neighborhoods Program when applying fertilizers. Sec. 19-121. Licensing of commercial fertilizer applicators. (a) By September 30, 2019 all commercial fertilizer applicators shall abide by and successfully complete training and continuing education requirements in the manual “Florida- Friendly Best Management Practices for Protection of Water Resources by the Green Industries” offered by the Florida Department of Environmental Protection through the University of Florida/IFAS Florida-Friendly Landscapes Program or an approved equivalent program. Commercial fertilizer applicators shall provide proof of completion of the program prior to obtaining a new local business tax receipt for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial fertilizer applicators with an existing local business tax receipt for any category of occupation which may apply any fertilizer to turf and/or landscape plants shall provide proof of completion of the program within 30 days after completing the program and prior to September 30, 2019. (b) After September 30, 2019, all commercial fertilizer applicators shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services, as a commercial fertilizer applicator pursuant to Rule 5E-14.117(18), Florida Administrative Code. (c) By September 30, 2019 all businesses applying fertilizer to turf and/or landscape plants (including but not limited to: residential lawns, commercial properties and multifamily and condominium properties) shall ensure that at least one employee has a “Florida-Friendly Best Management Practices for Protection of Water Resources by the Green Industries” training certificate. Business owners for any category of occupation which may apply any fertilizer to turf and/or landscape plants shall provide proof of completion of the program by at least one employee prior to the business owner obtaining a new local business tax receipt. Business owners for any category of occupation which may apply any fertilizer to turf and/or landscape plants with an existing local business tax receipt shall provide proof of completion of the program by at least one employee within 30 days after completing the program and prior to September 30, 2019. Sec. 19-122. Enforcement; declaration. The City Council hereby finds and declares that a violation of this article presents a serious threat to the public health, safety and welfare and is irreparable or irreversible in nature. No violator of this article shall be entitled to an opportunity to correct a violation prior to the levy of a civil penalty in accordance with any of the enforcement methods prescribed in Section 1-8 (General penalty; continuing violations) and Section 10-347 (Administrative fines and liens) 13 Struck through passages are deleted. Underlined passages are added. #2019-O-05 or other applicable sections of this Code. The civil penalty shall be in an amount as set forth in the City of Edgewater’s fee resolution in effect at the time of levying such penalties. City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2019-R-01,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution No. 2019-R-01 - City Manager Advisory Board relating to the search for a permanent city manager DEPARTMENT: City Clerk/Paralegal SUMMARY: During Council discussion in the search for interim city manager and a permanent city manager, it was determined that an Advisory Board would be created to help in the search for a permanent city manager. Resolution No. 2019-R-01 creates the City Manager Advisory Board BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Motion for council to make recommendations for board appointments and to approve Resolution No. 2019-R- 01 City of Edgewater Printed on 1/4/2019Page 1 of 1 powered by Legistar™ 2019-R-01 1 RESOLUTION NO. 2019-R-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CREATING A CITY MANAGER ADVISORY BOARD, PROVIDING FOR THE PURPOSE AND DUTIES OF SAID COMMITTEE; APPOINTING MEMBERSHIP AND DEFINING THE ROLE OF CITY STAFF WITH RELATION TO THE COMMITTEE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council is desirous to create a City Manager Advisory Committee that will coordinate with the City Council, Interim City Manager, City Attorney and Staff, in an effort to review applications submitted and assist in the interview process in the search for a new City Manager and submit recommendations to the City Council; WHEREAS, the City Council recognizes the importance of citizen/resident input in the process of the search for a City Manager and has encouraged same by electing to utilize citizens/residents delegated by each Council member in an effort to unify the participation of all residents/citizens relating to the possible search and application process for a City Manager; and WHEREAS, the City Council wishes to complete the search and selection process for a new City Manager within a six (6) month period. The term of the City Manager Advisory Committee will be for a term beginning on the date of acceptance of this resolution with termination on 07/01/2019 or earlier if a City Manager is hired. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. The City Council hereby establishes a City Manager Advisory Committee, for the express purpose of reviewing, studying and assisting in the interview process (if needed) in 2019-R-01 2 the search for a new City Manager and to report the City Manager Advisory Committee recommendations to the City Council and residents/citizens of the City. Section 2. The Committee shall consist of five (5) members who are residents/citizens/employees of the City of Edgewater and who shall be appointed by Council in the following manner: Council District Appointee Mayor Mike Thomas City- Wide ___________________ Councilwoman Christine Power District 1 ___________________ District 2 VACANT District 2 ___________________ Councilwoman Megan O’Keefe District 3 ___________________ Councilman Gary Conroy District 4 ___________________ Upon acceptance and taking of oath of office, each member shall be entitled to the duties and responsibilities of the position. Only such persons who are registered voters/electors and reside within the City of Edgewater on the effective date of this resolution shall be entitled to membership of this Committee. Section 3. The Mayor and members of the City Council shall serve in an ex officio capacity with the Interim City Manager and City Attorney and/or City Clerk/Paralegal serving in an advisory capacity to the Committee. In addition, the Committee may summon such other employee of the City to assist them in completion of their tasks. Section 4. The Committee shall meet at such regular times as they may agree or at the call of the Chairman and shall review, suggest and/or assist in the interview process for the new City Manager. The Committee will only have advisory duties and will only make non-binding recommendations to the City Council. Recommendations shall be submitted to the City Council 2019-R-01 3 with sufficient time for their review and for the interview process. The City Council shall make the final determination for a City Manager. Section 5. The Committee shall elect from its members a Chairman and Vice Chairman to call and preside over meetings of the Committee. In addition thereto, the City will provide a staff person as secretary to the Committee. The City shall provide adequate assistance to the Committee that it may perform all duties imposed by this Resolution. Section 6. All meetings of the Committee shall be public and the records thereof shall be open to inspection. All members of the Committee shall be subject to the provisions of Chapter 286, Florida Statutes, relating to public meetings and records; public inspections and penalties. Section 7. The Committee is requested to complete their review and submission of potential applicants within a four (4) to six (6) month period of time from the date of adoption of this Resolution. Section 8. All resolutions or parts of resolutions in conflict herewith are hereby repealed. This section intentionally left blank. See the next page. 2019-R-01 4 Section 9. This resolution shall take effect upon adoption. After motion by ______________________________ and Second by ____________________________________, the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Amy Vogt Councilwoman Megan O’Keefe Councilman Gary Conroy PASSED AND DULY ADOPTED this 7th day of January, 2019. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ______________________________ By:___________________________ Robin L. Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims,Wolfe & Ciocchetti Approved by the City Council of the City of Edgewater at a meeting held on this 7th day of January, 2019 under Agenda Item No 8_____. CITY OF EDGEWATER CITY CLERK'S OFFICE 104 North Riverside Drive f '_ Edgewater, Florida 32132 tw-p,:' cityclerk@cityofedgewater.org Phone: (386)424-2400 X 1102 FAX: (386)424-2410 ADVISORY BOARD APPLICATION Please choose the Board(s)for which you wish to apply. If applvinE for more than one Board,vou must number in order of vour preference. Cj /ri'v v E 7+l 15 L' rary Board Police Pension Board* Economic Development Board Recreation&Cultural Services Board Planning&Zoning Board Veterans Park Advisory Committee General Employee Pension Board* Firefighters Pension Board* Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name O Address ,L/ 6i^/j r Home Phone Business/Cell Phone 3- ' v a E-Mail Address y1 y11 1/ C, /. CQ'J Occupation X .r Su'I Are you a resident of Edgewater? how long[,s Is your principal place of employment in Edgewater? Are you currently serving on a City Board?_ f Have you ever served on a City Board? If yes, when and which Board? C 19/1,(/)9//!/ D / CiTV u G. — 3/s c m oo yE N sbN ,(9 REFERENC S —Please li,st three business an /or pe onal 2' r a d J 7 Name, address and phone Jo / 1a Name, address and phone E 6 vlJ Ei, 3 d e 3 s a - f 5' a Name, address and phone 1 EDUCATION High School College Degree(s) WORK EXPERIENCE C , O/Q l/S' INTEREST/ACTIVITIES — / C COMMUNITY INVOLVEMENT WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR T v v S a r/ o / c ti . cs 9 A resume or separate sheet with additional inforination may be included with your application. Please return application to the City Clerk's office. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. a S Applicant ure Date OFFICE USE ONLY Date application received Date appointed to board Board appointed to Date resigned from board 2 CITY OF EDGEWATER CITY CLERK'S OFFICE 104 North Riverside Drive Edgewater, Florida 32132 cityclerk@cityofedgewater.org 6 i i,;T1'T Phone: (386)424-2400 X 1102 FAX: (386)424-2410 ADVISORY BOARD APPLICATION Please choose the Board(s)for which you wish to apply. If applving for more than one Board,vou must number in order of vour preference. X City Manager Selection Board Library Board Police Pension Board* Economic Development Board Recreation&Cultural Services Board Planning&Zoning Board Veterans Park Advisory Committee General Employee Pension Board* Firefighters Pension Board* Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Nal]]e Randall J.Coslow,P. E.("Randy") Address 833 N Pinedale Rd Home Phone N A Business/Cell Phone 386-424-2400 x4002( office)!386-316-0798(cell) E-Mail Address RCoslow@cityofedgewater.org Occupation Interim Director of Environmental Services/Cily Engineer Are you a resident of Edgewater? ves how long Feb 2006 Is your principal place of employment in Edgewater? Yes Are you currently serving on a City Board? N Have you ever served on a City Board? N If yes, when and which Board? served o 5e e o omm«ees ro a o s c cY b ds. REFERENCES—Please list three business and/or personal Brenda Dewees-Interim Cily Manager,City of Edgewaler 386-424-2400 x1201(office) Name, address and phone Jeff Bemer-Economic Development Board Member(prior)/Owner of Professional Physical Therapy Associates 1758 N Pinedale Rd 386-295-8160(cell) Name, address and phone Tim McCardel-Pastor,Friendship Community Church 2108 Hibiscus Dr 386-423 846(office) Name, address and phone 1 EDUCATION High School Mainland High School, Daytona Beach, FL College Florida Institute of Technology, Melbourne, FL Degree(s) B S. Chemical Engineering (Magna Cum Laude) WORK EXPERIENCE 2014- Present: City Engineer/ Deputy Director Envrionmental Services, City of Edgewater 2010 - 2014: Project Engineer, Quentin L Hampton Assoc (Port Orange, FL) 2006 - 2010: Project Engineer, McKim & Creed PA (Daytona Beach, FL) INTEREST/ACTIVITIES Fatherhood - 6 children, 3 adopted, licensed foster parent since 2011. Bicycling - trail riding, daily commuting, hoping to ride the FL Coast-to-Coast Trail someday. Traveling - family vacations to State Parks, museums, etc. COMMUNITY INVOLVEMENT Church member/ Bible study leader, Science Fair Judge (local & county), Co-chair FL Eng Society MathCounts (annual middle school math competition), STEM Advisory Committee at Edgewater Public School, FL Engineering Society (Chapter President 2013-2014), Missionary Engineer in Haiti 2012 &2014 WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? Assist Council in selecting the next City Manager as someone who would interact with the Manager on a daily basis, and as a long-term resident raising my family here, with the perspective of an engineer in public works & utilities having worked with many nearby cities. EXP RIENCE/QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR City employee in Environmental Services Department since Dec 2014. Present at (nearly) every regularly scheduled City Council meeting since Jan 2015. Licensed Professional Engineer since 2010. Voluntarily annexed my homestead property into Edgewater to support local government in 2017 A resume or separate sheet with additional information may be included with your application. Please return application to the City Clerk's office. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. Digitally signed 6y Randall J.Coslow,P.E. A D DN:cn=Randall J.Coslow,P.E.,o=City of Edgewater,Ra n d a I I J. S I V V I .. Florida,ou=Environmental Services Department, email=RCoslow@cityofedgewater.org,c=US Date:2018.12.13 15:45:38-OS'00' Applicant Signature Date OFFICE USE ONLY f Date application received Date appointed to board Board appointed to Date resigned from board i 2 CITY OF EDGEWATER CITY CLERK'S OFFICE 4 ;"- '` 104 Nor h Riverside Drive Edgewater, Florida 32132 t, t cityclerk@cityofedgewater.org G.;A'' f„z,-E Phone: (386)424-2400 X 1102 FAX: (386)424-2410 ADVISORY BOARD APPLICATION Please choose the Board(s)for which you wish ta apply. If anplving for more than one Board vou must number in order ofvour preference. y City Manager Advisory Board Library Board Police Pension Board* Economic Development Board Recreation&Cultural Services Board lanning&Zoning Board Veterans Park Advisory Committee General Employee Pension Board* Firefighters Pension Board* Members of the Boards with an asterisk(*}are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION vJ N ame s'i" r i, W s .i t , :, a s Address , 4 -,_, e- r--- ¢ ,. :..a , F Home Phone .a`"' _ . ,' '` Business/Cell Phone ='"- F`=° = ` `' r-. , E-Mail Address G' , '°. _ . - 4 -;--i _ : ; e •. r c- a Occupation `•p ~'^ -A° ` =P d Are you a resldent of Edgewater? =how long "- F Is your principal place of employment in Edgewater?a Are you currently serving on a City Board? °=' Have you ever served on a City Board? = _> Ifyes, when and which Board? P f FT.N t . I F 1"l;,.L _ , -.; ,F' J i _._- P k s s"''i G ,. . REFERElo110ES—Please list three business and/or personal c , f' -- ` `: ` 7 e . Name, address and phone hh%eJ ' :c > t:,'- '°I' f;r G" `C 7 Name, address and phone S t 1 ..?. ' 1 E>C.,c;f`'i'1. '` ` i i i Z. f'Ci ,17 isi.'1- i t ) . ' Name, address and phone 1 IP EDUCATION High School"'-r L` t"[:°' i` =t,11; f' ''` College ;..i : " Degree(s) :. WORKEXPERIENCE .c`°;l''L i c i 7 L. . r r->c!%c CITY OF EDGEWATER CITY CLERK'S OFFICE 104 North Riverside Drive Edgewater, Florida 32132 cityclerk@cityofedgewater.org Phone: (386)424-2400 X 1102 FAX: (386) 424-2410 i., ADVISORY BOARD APPLICATION Please choose the Board(s)for which you wish to apply. I_f_applying for more than one Board,vou must number in order of vour preference. l - ,Pj'. R+ y t v/u ._- 3 ; `fi' t 1 ' `` ' , . k' 4' ef' 4 /.' __ .' /vV i ti. ' .L h,_. Library Board Police Pension Board* Economic Development Board Recreation&Cultural Services Board Planning&Zoning Board Veterans Park Advisory Committee General Employee Pension Board* Firefighters Pension Board* Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name f' :: i°.= 1 , ? \r` 6 L A fF Y e j y MP l'J«. Address ? &A'L. I ; s` tl` ..: R ' , i.- y_' i'_ d P y y` ," j_ ';r ,' S Home Phone Business/Cell Phone !` C` ''-; - ` ` E-Mail Address -' ( 4 ; : °% 4.: ;`" c'7 a(`,`; q 4 Occupation % ' ; - C::_d:6 ? ' Are you a resident of Edgewater? how long _'d' Is your principal place of employment in Edgewater? "di Are you currently serving on a City Board? -' ' Have you ever served on a City Board? If yes, when and which Board? l! f t.1 ' ' i? — `' ' `` ;y "' ,..9 ` - L- l REFERENCES —Please list three business and/or personal br.s ` ..fl,6' tl% ., :r. ::,'".` ('i Name, address and phone . y'`• '/ v;;,, w °,. ' '° y ;,'; aS 4 R ' (.d I-,' r 1 :+ 1 7_ W 7' a aA.-' r,''_ i t ',.. y :' L.. — Name, address and phone ,t,C' `` '' 1,_// i~ d, d6',, ` i 1> 1'@ r t i r:i 9' 1. `;'r1s' i 6 a,''d A t`;t `. Name, address and phone -_ •_ `` ' . -`-L f` 1 EDUCATION High School " `y ,-a ;` '• .;. t: ' '; y,' - :, %' :"1 ;- College `(.. " ' C_ r,' , "v; r 5 1,:_ - ;'b i '' Lr' f F'% 4G; : ; . Degree(s) l- '_' i.5'i !l,._S /e i Jf'' a d . t-.)j`l C e' /,/`'/' a; i ` ` - L d'"3'1 i'}'C l s'` C,I Li" '.f:C'_r"',+ '•.CJ .% 'a_ I l5 ''<=r lC!,7 WORK EXPERIENCE l c C_'; C' t, r' ( < l'(-; i , .: / i r ' r. di I- : ' e 1_ 3 " ,IUG <:,' - t_ u _ l._5 y , ,` a, L !,i% (" . INTEREST/ACTIVITIES t ;' ie"" f'';,„. 'r r, `. ""',. r,., i C' = d e'l C:' 1.t2 ;6`1 ' `" r'd/3 ''y 'f__ c' C'B i ,. 'r.-" __ ,d'r . d_ Y COMMUNITY INVOLVEMENT z:..' : c C s,,! + J s".. t; a ';: 1 FY--_L°V (i- .'t 1 i i7 P'dd ~ j '_. 1 G' rs L, ( 1`—••- Wr'. f l : e, g `v, I i`!'l'S G N .o =' Br i, ..1 9 d'''"''+`` L9 Ci I"`! ` L= 'i;' . ('-I L-'_'.G' VT t_' c" k''r"`')f"J I',f. -J^t'3d Ct WHY DO YOU D SIRE TO SERVE ON THIS/THESE BOARD(S)? E", ; yd' 1 J':' Il C j' / t ! cn ;/j ,E.' 1 ' ca l / d, l fl b g f= `:t'_ .=`''o , %" '-_ T'1. -t:'f c')c'L L y'Z !" d y' /`'t?l L n' `-'. b1 l' C=-e 'r' ''" `' y'3, _. F' .r.,',.`. ° . 6+` s .. EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR 7 ' ':C jC";,,.'C'a e ' -''C= ' 'l "' "A < f C ( s 1 i':'Y ;j7 ,": , c' i L. ! /-° ti ` ,fC'l' `tJ Ja C; I £ , .1' r_ r ,! li_. ; c ',>%,_i ` ; .%, ! : , ,; , F''L_L'C'— 0^- ;! >, d .'; ti9`j 0; .r6~- A resume or separate sheet with additional information may be included with your application. Please return application to the City Clerk's office. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. t y ^°` — _(_.! tl L L. `. C, ,.a(, j r,9 Applicant Signature Date OFFICE USE ONLY Date application received Date appointed to board Board appointed to Date resigned from board 2 CITY OF EDGEWATER CITY CLERK'S OFFICE i 104 North Riverside Drive Edgewater, Florida 32132 Y.., cityclerk@cityofedgewater.org E G E WATE,R Phone: (386)4242400 X 1102 FAX: (386)424-2410 ADVISORY BOARD APPLICATION Please choose the Board(s)for which you wish to apply. If aaplvina for more than one Board,vou must number in order of vour Dreference. City Manager Advisory Boatd Library Board Police Pension Board* Economic Developmcnt Board Recreation&Cultural Services Board Planning&Zoning Board Veterans Park Advisory Committee General Employee Pension Board" Firefighters Pension Board* Members of the Boards with an asterisk(")are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name Wflliam P.Dafley Jr. Address 6398 Nika Court Port Orange,Florida 32128 Home Phone Business/Cell Phone c9>249-z 29 E-Mail Address ed9ewatefirefighters(gmeil.com Occupation Firefighter/Paramedic Are you a resident of Edgewater? No how long wA Is your principal place of employment in Edgewater? Y Are you cunently serving on a City Board? N Have you ever served on a City Board? No If yes, when and which Board? N/A REFERENCES—Please list three business and/or personal 1Mnthrop"1MII"Newton P.O. Box 15514 St.Petersburg FL 33733 (727) 432-8522. IAFF Field Representative Name, address and phone Brandon Hudson 421 Warcl St Oak Hill FL 32759 (388)388-0065.Lleutenant wlth the City of Edgewater Fire Department Name, address and phone Heather Hartison 103 E Perk Ave Edgewater FL 32132 (386)444-3838..Owner of The Bake Shop in Edgewater Name, address and phone I EDUCATION High School Wellington College Daytona State Degree(s) N/A WORK EXPERIENCE have worked for the City of Edgewater in their Fire Department since 2013. Prior to this, I worked as a frrefighter in Chatham County Georgia. INTEREST/ACTIVITIES Serving the community with fundraisers, community volunteering, and event participation. COMMUNITY INVOLVE1vlE1v'r Along with the membership of IAFF Local 4575 we have assisted with the PFD program at Kennedy park, we have participated in community events such as BBQ competition, and raise money for scholarships. WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? I believe through past experience I have the understanding of what a good working relationship with a city manager can provide the employee and citizen. I believe as a representative for the membership of the Fire Department, considering our past, this would show good faith. EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S)APPLYING FOR have served as union president for the local fire department for two years now consecutively. I have the experience on directly dealing with the City Manager. I believe the working environment could be influenced greatly with this opportunity. A resume or separate sheet with additional information may be included with your application. Please return application to the City Clerk's office. 1 understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. 12l06/2018 Applicant Signature Date OFFICE USE ONLY Date applic tion received Date appointed to board Board appointed to Aate+esigned from board 2 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:2019-R-02,Version:1 COUNCIL AGENDA ITEM SUBJECT: Resolution No. 2019-R-02 - Calling for a special election due to the resignation of Councilwoman Vogt, District 2 DEPARTMENT: City Clerk/Paralegal SUMMARY: District 2 Councilwoman Amy Vogt, submitted her Notice/Letter of Resignation effective January 4, 2019. Resolution No. 2019-R-02 calls for a special election for the unexpired term of District 2, addressing the election dates, qualifying, canvassing board, etc. We have received an estimated cost of approximately $30,000.00 for this special election BUDGETED ITEM:☐ Yes ☒ No ☐ Not Applicable BUDGET AMENDMENT REQUIRED:☒ Yes ☐ No ☐ Not Applicable RECOMMENDED ACTION: Motion to approve Resolution No. 2019-R-02 City of Edgewater Printed on 1/4/2019Page 1 of 1 powered by Legistar™ 1 Struck through passages are deleted Underlined passages are added #2019-R-02 RESOLUTION NO 2019-R-02 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA; CALLING A SPECIAL ELECTION - PRIMARY (IF NECESSARY) AND GENERAL, TO FILL THE VACANCY IN CITY COUNCIL - DISTRICT 2 FOR THE UNEXPIRED TERM; ESTABLISHING A QUALIFYING PERIOD; PROVIDING FOR A CANVASSING BOARD; APPROVING AN AGREEMENT WITH THE VOLUSIA COUNTY SUPERVISOR OF ELECTIONS TO CONDUCT THE ELECTION AND TO PROVIDE POLL WORKERS; ELECTING NOT TO PROVIDE EARLY VOTING; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on January 3, 2019 District 2 Councilwoman Amy Vogt submitted her Notice of Resignation effective January 4, 2019. WHEREAS, pursuant to Section 3.09 (d)(4) of the City Charter, a vacancy in the Council shall be filled by special election when the vacancy occurs with more than six (6) months before the next regularly scheduled election. The next election is scheduled for the fall of 2020, therefore the City Council must fill the vacancy by special election. WHEREAS, pursuant to Section 3.09 (d)(4) of the City Charter, the special election shall be scheduled not sooner than 60 days, nor more than 90 days following the occurrence of the vacancy and if a primary is necessary, it shall be held as required by the election laws of the State of Florida. WHEREAS, therefore the special election to fill the vacancy in District 2 must occur no sooner than March 5, 2019 (60 days) and no later than April 4, 2019 (90 days). WHEREAS, City Council has selected February 19, 2019 as the date for the Special Primary Election (if needed) and April 2, 2019 as the date of the Special General Election. 2 Struck through passages are deleted Underlined passages are added #2019-R-02 WHEREAS, the City must designate a canvassing board to canvass the results of the special election. WHEREAS, the City must enter into a contract with the Volusia County Supervisor of Elections to conduct the special election, which will include providing poll workers. NOW THEREFORE BE IT ENACTED by the City Council of the City of Edgewater Florida. SECTION 1. The City Council hereby calls a Special Election – Primary to occur on February 19, 2019 as the date for the Special Primary Election (if needed) and April 2, 2019 as the date of the Special General Election, to fill the vacancy in District 2 with the candidate elected to serve the unexpired term of District 2. SECTION 2. The City Council hereby establishes the qualifying period for the Special Election – Primary, commencing at noon on Monday, January 14, 2019 ending at noon on Wednesday, January 16, 2019. SECTION 3. The City Council hereby appoints Robin Matusick, City Clerk/Paralegal and Brenda Dewees, Interim City Manager as the City of Edgewater’s canvassing board for this election. SECTION 4. The City Council hereby approves the attached agreement with the Volusia County Supervisor of Elections marked as Exhibit “A” and authorizes the Interim City Manager to execute same. SECTION 5. The Volusia County Supervisor of Elections shall provide all poll workers for this election pursuant to the approved agreement. 3 Struck through passages are deleted Underlined passages are added #2019-R-02 SECTION 6. The City hereby elects not to provide for early voting for the Special Election – Primary and Special Election – General. SECTION 7. Conflicting Provisions. All conflicting ordinances and resolutions are hereby superseded by this resolution to the extent of such conflict. SECTION 8. Severability and Applicability. If any portion of this resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holdings shall not affect its applicability to any other person, property, or circumstance. SECTION 9. Effective Date. This resolution shall become effective immediately upon passage and adoption. 4 Struck through passages are deleted Underlined passages are added #2019-R-02 SECTION 10. Adoption. After Motion by _______________________________ with Second by _________________________________ the vote on this resolution held on January 7, 2019 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power DISTRICT 2 VACANT Councilwoman Megan O’Keefe Councilman Gary Conroy PASSED AND DULY ADOPTED this 7th day of January, 2019. ATTEST CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Robin L. Matusick Mike Thomas City Clerk/Paralegal Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe & Kundid Approved by the City Council of the City of Edgewater at during the Council meeting held on the 7th day of January, 2019 under Agenda Item 8____ City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3943,Version:1 COUNCIL AGENDA ITEM SUBJECT: Mayor and Council appointees to various Boards DEPARTMENT: City Clerk/Paralegal SUMMARY: Mayor and/or City Council are responsible for appointing members to various Boards: 1) Elected Official Roundtable; 2) Insurance Review Committee (City Insurance); 3) River to Sea (TPO); 4) River to Sea - Advisory Committee (CAC); 5) River to Sea Bicycle/Pedestrian Advisory Committee (BPAC); 6) Southeast Volusia Community Board - Edgewater YMCA; 7) School Concurrency Advisory Committee (Oversite Committee); 8) Volusia Growth Management Commission & 9) Volusia Prepares Steering Committee. Attached is a listed “Mayor and/or Council Appointments” reflect the current listing of appointees to each Board or Committee. BUDGETED ITEM:☐ Yes ☐ No ☒ Not Applicable BUDGET AMENDMENT REQUIRED:☐ Yes ☐ No ☒ Not Applicable RECOMMENDED ACTION: Make appropriate changes and approve the listing of appointments City of Edgewater Printed on 12/20/2018Page 1 of 1 powered by Legistar™ (Advisory Boards - Board Listings - Council Appointments ONLY - 01/07/2019) MAYOR AND/OR COUNCIL APPOINTMENTS Vice-Mayor Councilman Gary Conroy Appointed December 3, 2018 until December 2020 Elected Officials Roundtable Daytona International Airport 2nd Monday of the month at 12:00 pm Contact Person - Marja Kolomyski (386)740-5133 Appointee - Mayor Michael Ignasiak ___________________________ Alternate - Councilwoman Christine Power ___________________________ 406 N. Riverside Drive River to Sea - TPO (formerly MPO) (Member and alternate must be Mayor or a Council member) 2570 W International Speedway Blvd, Daytona Beach 4th Tuesday of the month, except July & December at 8:00 am Contact Person - Pam Blankenship (386)226-0422 ext 31 Appointee - Councilwoman Christine Power ___________________________ c/o City of Edgewater Alternate - Councilman Gary Conroy ___________________________ c/o City of Edgewater River to Sea - Advisory Committee (CAC) (Member must be a citizen) VCOG Building - 2570 W International Speedway Blvd, Daytona Beach 3rd Tuesday of the month at 3:00 pm Contact Person - Pam Blankenship Appointee - Bliss Jamison does not wish to continue ___________________________ River to Sea Bicycle/Pedestrian Advisory Committee (BPAC) (Member must be a citizen) Votran, 950 Big Tree Rd, Daytona Beach 2nd Wednesday of the month at 3:00 pm Appointee - Michelle Grenham still wishes to serve ___________________________ Police Department (Advisory Boards - Board Listings - Council Appointments ONLY - 01/07/2019) Southeast Volusia Community Board - Edgewater YMCA (Member must be Mayor or Council member) YMCA - 148 W. Turgot Avenue 4th Thursday of the month at noon Appointee - Councilwoman Amy Vogt c/o City of Edgewater School Concurrency Advisory Committee (Oversight Committee) Meets once per year in evening - Appointee - Councilwoman Amy Vogt (elected official) Council School Board Technical Committee Appointee - Bonnie Brown Development Services Team Volusia Executive Board Debbie Ott Appointee - Councilwoman Christine Power Volusia Growth Management Commission (Member must reside in the City) - 3 year term Meets at various locations in the County 4th Wednesday of the month at 7:00 pm Contact Person - Merry Chris Smith Appointee - Teresa Pope - appointed 02/05/2018 (cannot be board, staff or council) still wishes to serve Volusia League of Cities Regional Advocacy Team (Member preferably from council-elected) Organizational meeting Thursday, January 4, 2018 from 2:30 - 4:30 Contact Person - Mari Rains Appointee - Councilwoman Christine Power (District 1) Alternate - Councilwoman Amy Vogt (District 2) Volusia Prepares Steering Committee (Member must be a citizen) EOC Building, 49 Keynton Drive, Daytona Beach Quarterly - 3rd Wednesday - Time to be assigned Appointee - Tyna Hilton still wishes to serve Environmental Services City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:SD-1802.2,Version:1 ITEM DESCRIPTION: SD-1802 - Renato Ghizoni, D.R. Horton, Inc., requesting Preliminary Plat approval for a 200-unit single family residential subdivision on 60.68± acres of land located at the southeast corner of S.R. 442 and Air Park Road. OWNER:School Board of Volusia County REQUESTED ACTION: Preliminary Plat approval. LOCATION: Southeast corner of S.R. 442 and Air Park Road AREA:60.68± acres PROPOSED USE: 200 lot single family residential subdivision CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential ZONING DISTRICT:RPUD (Residential Planned Unit Development) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) East Single Family Residential/Vacant Low Density Residential/Volusia County Urban Low Intensity RT (Rural Transitional)/Volusia County A-3 (Transitional Agriculture) South Vacant Volusia County Urban Low Intensity Volusia County A-3 (Transitional Agriculture) West Single Family/Vacant Public/Conservation/Low Density Transition with Conservation Overlay Volusia County A-3 (Transitional Agriculture)/RC (Resource Corridor) Background: The subject property was annexed into the City on September 24, 2018; the Future Land Use and Zoning designations and associated RPUD (Residential Planned Unit Development Agreement) were adopted simultaneously with the annexation. The RPUD Agreement details the development requirements for the proposed subdivision, including minimum lot size and setbacks. The Preliminary Plat substantially meets the requirements of the Agreement and Land Development Code. Construction plans are currently undergoing review by the Technical Review Committee (TRC); upon approval a pre-construction City of Edgewater Printed on 12/20/2018Page 1 of 2 powered by Legistar™ File #:SD-1802.2,Version:1 Construction plans are currently undergoing review by the Technical Review Committee (TRC); upon approval a pre-construction meeting will be held with the developer, contractor and Staff after which the installation of the infrastructure can commence. The developer is obligated to install all required infrastructure prior to the recording of the Final Plat. The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of December 12, 2018. Land Use Compatibility:The development of a single family residential subdivision is compatible with the adjacent residential development. Adequate Public Facilities:Vehicular access is available via S.R. 442 and South Air Park Road. Required infrastructure shall include, but not be limited to, water/wastewater lines, roads, sidewalks, stormwater retention and recreation areas shall be constructed by the developer. Comprehensive Plan Consistency:The proposed development has a maximum density of four (4) dwelling units per net acre which is consistent with the Low Density Residential Future Land Use designation. RECOMMENDED ACTION Motion approve SD-1802. City of Edgewater Printed on 12/20/2018Page 2 of 2 powered by Legistar™ Vi c to r yPa lm D r Oak Tr Map l ewood D r Wil low O a k D r Pin ed a l e RdAi r Pa rk RdAir P a r k Rd W Indian River Blv d . Subject Property Date: 5/29/2018 . Date: 5/29/2018 Subject Property Google Earth 02018 Google . Ty, f b ---� f rl f Cr 4, -T- M -1 dp CL L l000ft ic pp P L T 1861 Pinedale RcIE- e EChef oke e Ridge 4r CL -A, ol AW T M dl 23 —Z -D —M -AL CL A - JL XIn OL -�K dp CL L l000ft Ll . yys lb Google Earth 02018 Google 1 8.77 ft MAP BOOK PAGE NO. SHEET 1 OF 8 SHEETS Surveying, Inc.GeoPoint Vicinity Map STATE R O A D - 4 4 2 LYING IN SECTION 38, TOWNSHIP 18 SOUTH, RANGE 34 EAST, EDGEWATER, VOLUSIA COUNTY, FLORIDA GLENBROOKE ADDITIONAL NOTES: SURVEYOR'S CERTIFICATION DEDICATION: CERTIFICATE OF CLERK CERTIFICATE OF REVIEW BY SURVEYOR, CITY OF EDGEWATER CERTIFICATE OF APPROVAL BY THE CITY COMMISSION DESCRIPTION: THIS IS TO CERTIFY THAT D.R. HORTON, INC., A DELAWARE CORPORATION, BEING THE OWNER IN FEE SIMPLE OF THE LANDS DESCRIBED IN THE ATTACHED PLAT ENTITLED GLENBROOKE, LOCATED IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA. EASEMENTS: (1) THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY DEDICATED TO THE PUBLIC FOR PROPER PURPOSES AND TO PUBLIC AND PRIVATE UTILITY COMPANIES PROVIDING SERVICE TO THE SUBDIVISION FOR THE EXPRESS PURPOSES OF CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF UTILITY FACILITIES. (2) UNLESS OTHERWISE NOTED, EASEMENTS OF 5 FEET IN WIDTH ALONG EACH SIDE LOT LINE ARE HEREBY CREATED AND PROVIDED FOR THE PURPOSE OF ACCOMMODATING SIDE YARD DRAINAGE SWALES. (3) A (10) FOOT WIDE MAINTENANCE ACCESS EASEMENT AS SHOWN HEREON IS DEDICATED TO THE ASSOCIATION FOR STORMWATER MANAGEMENT, POND MAINTENANCE AND POND ACCESS PURPOSES DESCRIBED IN THE DECLARATION OF COVENANTS AND RESTRICTIONS AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE ASSOCIATION. NOTES: (1) THE PROPERTY DESCRIBED IN THIS PLAT IS SUBJECT TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR GLENBROOKE SUBDIVISION, TO BE RECORDED SIMULTANEOUSLY WITH THIS PLAT IN THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. (2) THE DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS THAT PERTAIN TO PINELAND PROPERTY, ARE RECORDED IN BOOK ______, PAGES ______ OF THE OFFICIAL RECORDS OF VOLUSIA COUNTY, FLORIDA. (3) PARCEL A (PUMP STATION) AS SHOWN HEREON ARE GRANTED AND CONVEYED TO THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA FOR LIFT STATION AND UTILITY PURPOSES. (4) TRACT B AS SHOWN HEREON ARE GRANTED AND CONVEYED TO THE ASSOCIATION FOR COMMON AREA AND OPEN SPACE SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE ASSOCIATION. (5) TRACTS D AND N AS SHOWN HEREON ARE GRANTED AND CONVEYED TO THE ASSOCIATION FOR COMMON AREA AND LANDSCAPE BUFFER SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE ASSOCIATION. (6) TRACTS C, G AND F AS SHOWN HEREON ARE GRANTED AND CONVEYED TO THE ASSOCIATION FOR COMMON AREA AND SIGNAGE SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE ASSOCIATION. (7) TRACT A (COMMON AREA, DRAINAGE AREA AND PARK) TRACTS E, I, O (COMMON AREA, LANDSCAPE BUFFER, DRAINGAE AND UTLITIES) TRACTS J, K, L, (COMMON AREA AND DRAINAGE AREAS) TRACT H (COMMON AREA AND PASSIVE PARK) AS SHOWN HEREON ARE DEDICATED TO THE ASSOCIATION FOR STORMWATER MANAGEMENT, POND MAINTENANCE AND POND ACCESS PURPOSES DESCRIBED IN THE DECLARATION OF COVENANTS AND RESTRICTIONS AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE ASSOCIATION. (8) THE OWNER HEREBY DEDICATES ALL ROADS, STREETS, AND RIGHT OF WAY AS SHOWN HEREON TO THE PERPETUAL USE OF THE PUBLIC AND THE CITY OF EDGEWATER, FLORIDA, FOR ANY AND ALL PURPOSES INCIDENTAL THERETO.AIR PARK ROAD OAK TR A I L 22nd S T R E E T PINEDALE ROAD Licensed Business Number LB 7768 555 Winderley Place, Ste 109 Maitland, Florida 32751 www.geopointsurvey.com Phone: (321) 270-0440 Fax: (813) 248-2266 THIS PLAT DESCRIPTION: A portion of Lot 23 and Lot 24, Model Land Company Subdivision, according to the plat thereof as recorded in Map Book 5, page 187, of the Public Records of Volusia County, Florida and a portion of Lots 12, 13, 14, 15, 16, 28, 238, 264 through 272, inclusive; all of Lots 29, 30, 31, 32, all of Lots 239 through 253, inclusive, and all of Lots 273 through 279, inclusive, Assessor's Subdivision of the Samuel Betts Grant, according to the plat thereof as recorded in Map Book 3, page 153, of the Public Records of Volusia County, Florida, and being more particularly described as follows: BEGIN at the intersection of the Easterly Right of Way line of Air Park Road and the South Right of Way line of State Road 442 (Indian River Boulevard) according to the Florida Department of Transportation Right of Way Map, Section 79210-2504; thence along said South Right of Way line of State Road 442 the following three (3) courses: 1) N.68°48'54"E., a distance of 763.58 feet; 2) N.21°15'42"W., a distance of 4.50 feet; 3) N.68°48'54"E., a distance of 675.46 feet to a point on the West Right of Way line of Pinedale Road; thence along said West Right of Way line, S.21°11'00"E., a distance of 1901.01 feet; thence S.68°48'51"W., a distance of 919.72 feet; thence N.21°06'57"W., a distance of 495.62 feet; thence S.69°33'58"W., a distance of 692.63 feet to a point on the aforesaid East Right of Way line of Air Park Road; thence along said East Right of Way line the following six (6) courses: 1) N.23°28'22"W., a distance of 29.76 feet; 2) N.69°33'55"E., a distance of 0.51 feet; 3) N.21°11'38"W., a distance of 648.95 feet; 4) N.07°15'56"W., a distance of 194.75 feet; 5) N.00°44'59"W., a distance of 278.91 feet; 6) N.14°49'51"W., a distance of 264.38 feet to the POINT OF BEGINNING. Containing 60.683 acres, more or less. LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 L O T 1 0 LO T 1 1 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 LOT 27 LOT 28 LOT 29 LOT 30 LOT 31 LOT 32 LOT 33 LOT 34 LOT 35 LOT 36 LOT 37 LOT 38 LOT 39 LOT 40 LOT 41 LOT 42 LOT 43 LOT 44 LOT 45 LOT 46 LOT 47 LOT 48 LOT 49 LOT 50 LOT 51 LOT 52 LOT 53 LOT 54 LOT 55 LOT 56 LOT 57 LOT 58 LOT 59 LOT 60 LOT 61 LOT 62 LOT 63 LOT 64 LOT 65 LOT 66 LOT 67 LOT 68 LOT 69 LOT 70 LOT 71 LOT 72 LOT 73 LOT 74 LOT 75 LOT 76 LOT 77 LOT 78 LOT 79 LOT 80 LOT 81 LOT 82 LOT 83 LOT 84 LOT 85 LOT 86 LOT 87 LOT 88 LOT 89 LOT 90 LOT 91 LOT 92 LOT 93 LOT 94 LOT 95 LOT 96 LOT 97 LOT 98 LOT 99 LOT 100 LOT 101 LOT 10 2 LOT 10 3 LOT 10 4 LOT 10 5 LOT 10 6 LOT 10 7 LOT 10 8 LOT 10 9 LOT 11 0 LOT 11 1 LOT 11 2 LOT 11 3 LOT 11 4 LOT 115 LOT 116 LOT 117 LOT 118 LOT 119 LOT 120 LOT 121 LOT 122 LOT 12 3 LOT 12 4 LOT 12 5 LOT 12 6 LOT 12 7 LOT 12 8 LOT 12 9 LOT 13 0 LOT 13 1 LOT 13 2 LOT 13 3 LOT 13 4 LOT 13 5 LOT 136 LOT 137 LOT 138 LOT 139 LOT 140 LOT 141 LOT 142 LOT 143 LOT 144 LOT 145 LOT 146 LOT 147 LOT 148 LOT 149 LOT 150 LOT 151 LOT 152 LOT 153 LOT 154 LOT 155 LOT 156 LOT 157 LOT 158 LOT 159 LOT 160 LOT 161 LOT 162 LOT 163 LOT 164 LOT 165 LOT 166 LOT 167 LOT 168 LOT 169 LOT 170 LOT 171 LOT 172 LOT 173 LOT 174 LOT 175 LOT 176 LOT 177 LOT 178 LOT 179 LOT 180 LOT 181 LOT 182 LOT 183 LOT 184 LOT 185 LOT 186 LOT 187 LOT 188 LOT 189 LOT 190 LOT 191 LOT 192 LOT 193 LOT 194 LOT 195 LOT 196 LOT 197 LOT 198 LOT 199 LOT 200 TRACT E TRACT F TRACT O TRACT G PA R C E L A TRACT H TRACT H TRACT I TRACT M TRACT RWTRACT J TRACT NTRACT RWTRACT N TRACT C TRACT A TRACT B TRACT D TRACT K TRACT L TRACT I 5610' ; $ 4 1 1 - & 4 + 8 '5*#&;%4''- 41#&).'0$411-'41#& $411- ( + ' . & 9 # ; './$4 1 1 - 9 # ;).'0$411-'41#&5*#&;%4''- 41#& 1#-$4 1 1 - 4 1 # & 5610' ; $ 4 1 1 - & 4 + 8 '5610';$411-&4+8' 1#-$4 1 1 - 4 1 # &).'0$411-'41#& 56#6' 4 1 # & 56#6' 4 1 # & #+42#4-41#&#+42#4- 41#&2+0&#.'41#&2+0&#.'41#&2+0&#.'41#& /1&'. . # 0 & % 1 / 2 # 0 ; 5 5 7 $ & + 8 + 5 + 1 0 MAP BOOK PAGE NO. 60 120 SCALE 1" = 120' 0 240NORTH SHEET 2 OF 8 SHEETS Surveying, Inc.GeoPoint LEGEND: GLENBROOKE LYING IN SECTION 38, TOWNSHIP 18 SOUTH, RANGE 34 EAST, EDGEWATER, VOLUSIA COUNTY, FLORIDA Licensed Business Number LB 7768 555 Winderley Place, Ste 109 Maitland, Florida 32751 www.geopointsurvey.com Phone: (321) 270-0440 Fax: (813) 248-2266 5610' ; $ 4 1 1 - & 4 + 8 ' LOT 1 LOT 71 LOT 72 LOT 73 LOT 74 LOT 75 LOT 76 LOT 77 LOT 78 LOT 79 LOT 80 LOT 81 LOT 82 LOT 83 LOT 84 LOT 85 LOT 86 LOT 87 LOT 88 LOT 89 LOT 90 LOT 91 LOT 92 LOT 93 LOT 94 LOT 95 LOT 96 LOT 97 LOT 98 LOT 99 LOT 100 LOT 101 LOT 10 2 LOT 10 3 LOT 10 4 LOT 10 5 LOT 10 6 LOT 10 7 LOT 10 8 LOT 10 9 LOT 13 0 LOT 13 1 LOT 13 2 LOT 13 3 LOT 13 4 LOT 13 5 LOT 149 LOT 150 TRACT O TRACT G PARCE L A TRACT H TRACT I TRACT M 5*#&;%4''- 41#&).'0$411-'41#&).'0$411-'41#& 56#6' 4 1 # & 2+0&#.' 41#& CURVE DATA TABLE NO.RADIUS DELTA ARC CHORD BEARING LINE DATA TABLE NO.BEARING LENGTH MAP BOOK PAGE NO. SHEET 3 OF 8 SHEETS Surveying, Inc.GeoPoint LEGEND:MATCH LINESEE SHEET 5NORTH25 50 SCALE 1" = 50' 0 100 MATCH LINESEE SHEET 5MATCH LI N E SEE SH E E T 4 MATCH LI N E SEE SH E E T 4 MATCH LI N E SEE SH E E T 4 GLENBROOKE LYING IN SECTION 38, TOWNSHIP 18 SOUTH, RANGE 34 EAST, EDGEWATER, VOLUSIA COUNTY, FLORIDA Licensed Business Number LB 7768 555 Winderley Place, Ste 109 Maitland, Florida 32751 www.geopointsurvey.com Phone: (321) 270-0440 Fax: (813) 248-2266 LOT 56 LOT 57 LOT 58 LOT 59 LOT 60 LOT 61 LOT 62 LOT 63 LOT 64 LOT 65 LOT 66 LOT 67 LOT 68 LOT 69 LOT 70 LOT 71 LOT 72 LOT 73 LOT 74 LOT 10 7 LOT 10 8 LOT 10 9 LOT 11 0 LOT 11 1 LOT 11 2 LOT 11 3 LOT 11 4 LOT 115 LOT 116 LOT 117 LOT 118 LOT 119 LOT 120 LOT 121 LOT 122 LOT 12 3 LOT 12 4 LOT 12 5 LOT 12 6 LOT 12 7 LOT 12 8 LOT 12 9 LOT 13 0 LOT 13 1 LOT 13 2 LOT 174 LOT 175 LOT 176 LOT 197 LOT 198 LOT 199 LOT 200 TRACT H TRACT I 5*#&;%4''- 41#&).'0$411-'41#& 1#-$4 1 1 - 4 1 # & 1#-$4 1 1 - 4 1 # &).'0$411-'41#&2+0&#.' 41#& CURVE DATA TABLE NO.RADIUS DELTA ARC CHORD BEARING MAP BOOK PAGE NO. SHEET 4 OF 8 SHEETS Surveying, Inc.GeoPointNORTHLEGEND: MATCH LI N E SEE SH E E T 3 25 50 SCALE 1" = 50' 0 100 MATCH LI N E SEE SH E E T 3 MATCH L INESEE SHEET 6MATCH L INESEE SHEET 6 MATCH L I N E SEE SH E E T 8 MATCH L I N E SEE SH E E T 8 GLENBROOKE LYING IN SECTION 38, TOWNSHIP 18 SOUTH, RANGE 34 EAST, EDGEWATER, VOLUSIA COUNTY, FLORIDA Licensed Business Number LB 7768 555 Winderley Place, Ste 109 Maitland, Florida 32751 www.geopointsurvey.com Phone: (321) 270-0440 Fax: (813) 248-2266 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 L O T 1 0 LO T 1 1 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 91 LOT 92 LOT 93 LOT 94 LOT 95 LOT 136 LOT 137 LOT 138 LOT 139 LOT 140 LOT 141 LOT 142 LOT 143 LOT 144 LOT 145 LOT 146 LOT 147 LOT 148 LOT 149 LOT 150 LOT 151 LOT 152 LOT 153 LOT 154 LOT 155 LOT 156 LOT 157 LOT 158 LOT 159 LOT 173 TRACT E TRACT F TRACT G TRACT M TRACT RWTRACT J TRACT N ).'0$411-'41#& $411- ( + ' . & 9 # ;).'0$411-'41#& 5610' ; $ 4 1 1 - & 4 + 8 ' $411- ( + ' . & 9 # ; 56#6' 4 1 # & #+42#4-41#&CURVE DATA TABLE NO.RADIUS DELTA ARC CHORD BEARING LINE DATA TABLE NO.BEARING LENGTH MAP BOOK PAGE NO. SHEET 5 OF 8 SHEETS Surveying, Inc.GeoPoint LEGEND:MATCH L INESEE SHEET 3NORTH25 50 SCALE 1" = 50' 0 100 MATCH L INESEE SHEET 3 MATCH L I N E SEE SH E E T 6 MATCH LINE SEE SHEET 6 GLENBROOKE LYING IN SECTION 38, TOWNSHIP 18 SOUTH, RANGE 34 EAST, EDGEWATER, VOLUSIA COUNTY, FLORIDA Licensed Business Number LB 7768 555 Winderley Place, Ste 109 Maitland, Florida 32751 www.geopointsurvey.com Phone: (321) 270-0440 Fax: (813) 248-2266 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 LOT 27 LOT 28 LOT 29 LOT 30 LOT 33 LOT 34 LOT 35 LOT 36 LOT 37 LOT 38 LOT 39 LOT 40 LOT 41 LOT 42 LOT 43 LOT 44 LOT 45 LOT 46 LOT 47 LOT 12 3 LOT 12 4 LOT 12 5 LOT 12 6 LOT 12 7 LOT 12 8 LOT 12 9 LOT 13 0 LOT 13 1 LOT 13 2 LOT 142 LOT 143 LOT 144 LOT 145 LOT 146 LOT 147 LOT 148 LOT 149 LOT 150 LOT 151 LOT 152 LOT 153 LOT 154 LOT 155 LOT 156 LOT 157 LOT 158 LOT 159 LOT 160 LOT 161 LOT 162 LOT 163 LOT 164 LOT 165 LOT 166 LOT 167 LOT 168 LOT 169 LOT 170 LOT 171 LOT 172 LOT 173 LOT 174 LOT 175 LOT 176 LOT 177 LOT 178 LOT 179 LOT 180 LOT 181 LOT 182 LOT 183 LOT 184 LOT 185 LOT 186 LOT 187 LOT 188 LOT 189 LOT 190 LOT 191 LOT 192 LOT 193 LOT 194 LOT 195 LOT 196 LOT 197 LOT 198 LOT 199 LOT 200TRACT RWTRACT N TRACT RWTRACT N TRACT C TRACT B $411- ( + ' . & 9 # ; './$4 1 1 - 9 # ; 1#-$4 1 1 - 4 1 # & TRACT K TRACT L ).'0$411-'41#& $411- ( + ' . & 9 # ;5610';$411-&4+8' 1#-$4 1 1 - 4 1 # &).'0$411-'41#&#+42#4- 41#& /1&'. . # 0 & % 1 / 2 # 0 ; 5 23 CURVE DATA TABLE NO.RADIUS DELTA ARC CHORD BEARING CURVE DATA TABLE NO.RADIUS DELTA ARC CHORD BEARING LINE DATA TABLE NO.BEARING LENGTH MAP BOOK PAGE NO. SHEET 6 OF 8 SHEETS Surveying, Inc.GeoPoint LEGEND: MATCH LINE SEE SHEET 5 NORTH25 50 SCALE 1" = 50' 0 100 MATCH LI N E SEE SH E E T 5 MATCH L INESEE SHEET 4MATCH L INESEE SHEET 4 MATCH L I N E SEE SH E E T 7 MATCH L I N E SEE SH E E T 7 GLENBROOKE LYING IN SECTION 38, TOWNSHIP 18 SOUTH, RANGE 34 EAST, EDGEWATER, VOLUSIA COUNTY, FLORIDA Licensed Business Number LB 7768 555 Winderley Place, Ste 109 Maitland, Florida 32751 www.geopointsurvey.com Phone: (321) 270-0440 Fax: (813) 248-2266 LOT 26 LOT 27 LOT 28 LOT 29 LOT 30 LOT 31 LOT 32 LOT 33 LOT 34 LOT 35 LOT 36 LOT 37 LOT 38 LOT 39 LOT 40 LOT 41 LOT 42 LOT 43 LOT 44 LOT 45 LOT 46 LOT 47 LOT 48 LOT 49 LOT 50 LOT 51 LOT 52 LOT 53 LOT 54 LOT 55 LOT 56 LOT 187 LOT 188 LOT 189 LOT 190 LOT 191 LOT 192 LOT 193 LOT 194 LOT 195 LOT 196 LOT 197 LOT 198TRACT RW TRACT C TRACT A TRACT B 1#-$4 1 1 - 4 1 # &).'0$411-'41#&).'0$411-'41#& TRACT D5610';$411-&4+8' 1#-$4 1 1 - 4 1 # & /1&'. . # 0 & % 1 / 2 # 0 ; 5 57$&+ 8 + 5 + 1 0 #+42#4- 41#&#+42#4- 41#& 22 /1&'. . # 0 & % 1 / 2 # 0 ; 5 57$&+ 8 + 5 + 1 0 22 23 CURVE DATA TABLE NO.RADIUS DELTA ARC CHORD BEARING LINE DATA TABLE NO.BEARING LENGTH MAP BOOK PAGE NO. SHEET 7 OF 8 SHEETS Surveying, Inc.GeoPoint LEGEND:NORTH25 50 SCALE 1" = 50' 0 100 MATCH L INESEE SHEET 8MATCH L INESEE SHEET 8 MATCH L I N E SEE SH E E T 6 MATCH L I N E SEE SH E E T 6 GLENBROOKE LYING IN SECTION 38, TOWNSHIP 18 SOUTH, RANGE 34 EAST, EDGEWATER, VOLUSIA COUNTY, FLORIDA Licensed Business Number LB 7768 555 Winderley Place, Ste 109 Maitland, Florida 32751 www.geopointsurvey.com Phone: (321) 270-0440 Fax: (813) 248-2266 LOT 49 LOT 50 LOT 51 LOT 52 LOT 53 LOT 54 LOT 55 LOT 56 LOT 57 LOT 58 LOT 59 LOT 60 LOT 61 LOT 62 LOT 63 LOT 64 LOT 65 LOT 115 LOT 116 LOT 117 LOT 118 LOT 119 LOT 120 LOT 121 LOT 122 LOT 12 3 LOT 12 4 TRACT A TRACT A ).'0$411-'41#&).'0$411-'41#& 1#-$4 1 1 - 4 1 # & 1#-$4 1 1 - 4 1 # &2+0&#.' 41#& /1&'. . # 0 & % 1 / 2 # 0 ; 5 57$&+ 8+ 5+ 1 0 23 24 CURVE DATA TABLE NO.RADIUS DELTA ARC CHORD BEARING LINE DATA TABLE NO.BEARING LENGTH MAP BOOK PAGE NO. SHEET 8 OF 8 SHEETS Surveying, Inc.GeoPoint LEGEND:NORTH25 50 SCALE 1" = 50' 0 100 MATCH L I N E SEE SH E E T 4 MATCH L I N E SEE SH E E T 4 MATCH LINESEE SHEET 7MATCH L INESEE SHEET 7 GLENBROOKE LYING IN SECTION 38, TOWNSHIP 18 SOUTH, RANGE 34 EAST, EDGEWATER, VOLUSIA COUNTY, FLORIDA Licensed Business Number LB 7768 555 Winderley Place, Ste 109 Maitland, Florida 32751 www.geopointsurvey.com Phone: (321) 270-0440 Fax: (813) 248-2266 City of Edgewater Legislation Text 104 N. Riverside Drive Edgewater, FL 32132 File #:AR-2018-3973,Version:1 COUNCIL AGENDA ITEM SUBJECT: Discussion on search for Interim City Manager position DEPARTMENT: City Clerk/Paralegal SUMMARY: During the Special Council Meeting held on December 12, 2018, Council reviewed the applications submitted and determined to consider three (3) applicants which were 1) Angela Montgomery, 2) Glenn Irby and 3) Ted Lakey. On December 17, 2018 Angela Montgomery withdrew her application for consideration and on December 27, 2018 Ted Lakey withdrew his application leaving only Glenn Irby on the initial list of 3 for consideration. ACTION: Council to determine if they wish for others to be included for consideration and interview for the Interim City Manager position. City of Edgewater Printed on 1/2/2019Page 1 of 1 powered by Legistar™ DAVID T. HARDEN Boma: Ft. Pierce, Florida and grew up in Okeechobee, Florida Education: Graduated from Okeechobee High School B.A. in chemistry from Emory University, 1964 Master of City Planning from GA Institute of Technology, 1968 U.S. Navy Officer Candidate School, Newport, RJ, 1968 U.S. Navy Supply Corps School, Athens, GA, 1968 Employment 2015-2017 Asst. Director/Director of Public Services (Utilities & Public Works), Village of Palm Springs, Florida 2014-2015 Interim City Manager, Port Orange, Florida 1990-2013 City Manager, Delray Beach. During this time Delray was named an All America City in 1993 and 2001, as "The Best Run Town in Florida" in 1994, and given the 2006 Muehlenbeck Award for Excellence in Local Government from the Alliance for Innovation. 1989-90 Consultant: Stormwater Utilities, Environmental Audits, Nominations to the National Register of Historic Places 1977-89 City Manager, Winter Park, Florida 1974-77 City Planner, Winter Park, Florida 1971-74 Planner, Orange County (Orlando), Florida 1969-71 Control Division Officer, Cecil Field NAS 1968-69 Supply Officer, USS Clarion River (LFR 409), Yokuska, Japan 1965 Math Teacher, Okeechobee High School Civic Activities: Vice -President for Administration, Gulf Stream Council, Boy Scouts of America; Board of Directors and Transportation Committee Chair, Palm Beach County League of Cities; Urban Administration Committee, Florida League of Cities; Board of Directors, Delray Beach Chamber of Commerce; Elder, SonCoast Community Church; Delray Beach Rotary; Captain, U.S. Navy Reserve, Retired, Awards: Florida City & County Management Association: Award for Career Excellence; President's Award for Exemplary Leadership and Service to the Profession; Lifetime Achievement Award EXPERIENCE PROFILE JOHN J. DRAGO 568 Strathclyde Court, Apopka, Florida 32712 (407) 889-9495 e-mail jdragol@cfl.rr.com More than thirty years of executive management experience in local government. An innovative leader, with demonstrated results in the areas of managing diversified communities, budget/financial management and developing economic resources. Excellent verbal and written communications skills and the capability to interface effectively with people at all levels and socioeconomic backgrounds. Ability to utilize a wide variety of citizen participation tools to engage and educate the community on issues, and to incorporate citizen input into public decision making. Ability to establish and monitor cost effective operations, eliminate waste, and simvlifv complicated systems. RELEVANT LOCAL GOVERNMENT EXPERIENCE Business Enterprise Management Director 2010-2018 Daytona Beach, FL Senior Executive Department Director for a full service community of 70,000 with 900 employees and a total budget of $247 million. Directed and supervised the administration of the city's municipal 36 hole golf course, Florida Tennis Center, Halifax Harbor Plaza and Marina, Fleet Maintenance, Parking Enforcement, Jackie Robinson Ball Park, Municipal Stadium, and Main Street Pier. Also served as Asset Management Director, Interim Chief Financial Officer, and Interim Utilities Director. City Administrator, Longwood, FL 1999-2009 Chief Executive Officer for a full service community of 14,000. Responsible for the management of 157 employees and a total budget of $31 million. Maintained the same operating millage rate for five consecutive years without reducing the level of service in order to balance the budget. Revamped budget/ financial systems winning awards for the efforts. Attracted developers to build 4 mix use (retail, office and housing) projects estimated at approximately $75 million and a $40 million transit oriented development project. Implemented various citizen participation and involvement programs. John J. Drago Page 2 Administrative Assistant, Winter Springs, FL 1997-1998 Assisted the city manager with the operations of a full service community of 30,000 with 220 employees and a total budget of $25 million. Acted as the city manager in his absence. Assisted with the development of a 230 -acre town center which contained a hotel, retail and personal service establishments, restaurants, professional offices and mixed housing. Assisted in the preparation of two grants for the town center totaling $5 million to acquire public space, environmentally sensitive lands and right of way. City Administrator, Okeechobee, FL 1986-1997 7] Chief Executive Officer for a full service community of 5,000. Responsible for the management of 50 employees and a total budget of $8 million. Maintained the same operating millage rate for six consecutive years without reducing the level of service in order to balance the budget. Built the fund balance from $7,400 in 1986 to $3.8 million in 1997. Restored financial integrity to the public utilities fund by eliminating an inherited $500,000 deficit within nine months. Managed the design and implementation of a $2 million downtown economic revitalization project utilizing CDBG funds. EDUCATION Georgia College MBA and BBA in Management PROFESSIONAL AFFILICATIONS International City/County Management Association Florida City/County Management Association AWARDS Received the Florida City/County Management Association's Michael J. Roberto Award for Employee Development. This is FCCMA's highest award. Received the Distinguished Budget Presentation Award from the Government Finance Officers Association. JOHN J. DRAGO Management and Leadership Style Innovation is a hallmark of my management and leadership style. Upon assuming the duties of a new organization I develop a clear vision of strategies and possibilities, and a clear understanding of what can drive the organization to create and implement ideas. I am most comfortable devising a general structure and working with key stakeholders to establish strategies to achieve their stated goals. I evolved my management and leadership style to provide a value-added perspective to the work of staff. Leading the effort to collegially develop organizational building blocks and measuring performance against those factors, empowers staff to apply the job skills and knowledge they possess in a secure, comfortable yet highly productive manner. The collective intelligence of the organization is then unleashed to the benefit of the public. The number one tenet that I have instilled in organizations that I have managed has always been the requirement for the organization to serve its constituents instead of its constituents serving the organization. Many of my accomplishments required the recruitment and subsequent training of qualified, motivated people. I emphasize teamwork while developing individual managers and employees' confidence to empower their staff to make decisions appropriate to their work. Any organization is only as good as its people and I believe that we do our constituents a disservice if we are not pro -active in maximizing our employee's abilities to serve our constituents in a timely and effective manner. What I also bring to your organization is an ability to solve problems rapidly should they occur, to foresee potential problems and implement strategies to avoid them. I bring the ability to interact effectively with people from a wide variety of ethnic and socioeconomic backgrounds as well as the ability to work effectively with the media. My management and technical skills obtained from my life experience can easily transcend any one industry or business. I have developed work environments that demand openness, approachability and transparency while engaging constituents with respect. The demands imposed upon me over my 30 year career managing public service organizations have sharpened and honed my managerial skills and abilities to accomplish my employer's goals. This experience has given me a firm foundation for obtaining optimum results within the cost and operating constraints of "produce or perish" environments common to local government today. JOHN J. DRAGO ECONOMIC DEVELOPMENT EXPERIENCE I have formulated four models to help local governments establish a high quality of community life. The models are: "Branding," "Placemaking," "Smart Growth," and "Sustainable Economic Development". Several cities in the Central Florida Area are utilizing the Sustainable Economic Development Model in order to spur development and maintain a small town character and atmosphere. My local government experience relevant to community / economic development is: • Found a developer to build a $40 million transit oriented development in conjunction with the new Sun Rail System. • Obtained $418,000 in federal funding for the design of a Sun Rail Station. • Managed the completion of a marketing study to determine the demographic, retail and housing trends for the purpose of targeting appropriate developers for redevelopment projects. • Facilitated the attainment of several developers to build 4 mix use (retail, office, and housing) projects estimated at approximately $75 million. • Assisted with the development of a 230 acre town center which will contain a hotel, retail and personal service establishments, restaurants, professional offices and mixed housing. • Collaborated in the preparation of two grants totaling $5 million for a 230 acre town center to acquire: public space for placemaking, environmentally sensitive lands for preservation and right of way for public infrastructure improvements. • Negotiated a voluntary annexation agreement with a Fortune 500 Company to construct a large retail development which upon completion added approximately $100,000 in new revenue annually and created 250 new jobs. • Planned / administered the design and implementation of a $2 million downtown economic revitalization project utilizing CDBG funds. • Developed strategic and marketing tactics utilizing "mapping with next step approach" for community development and economic redevelopment plans. • Developed a historic preservation and development code for a national registry historic district. The code was adopted. Jonathan C. McKinney 626 Coral Trace Blvd . Edgewater FL . 32132 (321)205-6401 john.c.mckinney@gmail.com December 12, 2018 Brenda Dewees Interim City Manager 104 N. Riverside Dr. Edgewater, FL 32132 Dear Ms. Dewees, Please accept for City Council consideration, my resume for the interim and full time City Manager of Edgewater. I believe that my leadership, fiscal experience, and local knowledge match the City’s requirements for a city manager to help navigate the challenges facing our great community. I have almost twenty-five years of experience in public service and municipal governance. In addition, I have served as your Finance Director and Assistant City Manager as well as a resident and active member of the community. I have found strong communication skills, teamwork and relationship building, to be vital attributes in leading high-performing innovative teams that persevere through difficult social crisis, troubled financial times, and natural disasters. My approach to leadership goes beyond my job description, as I am always looking for ways to improve efficiency and productivity. To familiarize you with some of my qualifications, the following is a summary of qualities that I could bring to your City.  Extensive knowledge of Edgewater’s government, financial position and ongoing projects  Assisted with the creation of Edgewater’s first Community Development Agency (CRA)  Comprehensive background in financial administration, reporting, analysis, forecasting, budget management and cash flow management.  Proven experience with bargaining units and contract negotiation.  Adept at developing effective performance goals, objectives, and measurement criteria.  Capable of stimulating team effort, lead working teams, as well as maintain positive and constructive working relations with elected officials, management and staff.  Solid professional standards; excellent track record of dependability; and effectiveness.  Extensive Capital Improvement Project knowledge and experience in tracking and administering contracts associated with the CIP process.  Community Relations and Outreach within Edgewater  Providing transparency and awareness regarding the budgeting process.  Emergency Management I believe that in the time that I left Edgewater, I have gained additional experiences and new viewpoints on how other City’s manage and operate. If I come back as part of the Edgewater Management Team, I am confident that I could make a positive contribution to this already great City and bring a renewed level of transparency between the City and citizens of Edgewater. I believe my professional experience, leadership and temperament would allow me to serve effectively in this position given my proven track record of success. Sincerely, Jonathan McKinney Jonathan C. McKinney 626 Coral Trace Blvd . Edgewater FL . 32132 (321)205-6401 john.c.mckinney@gmail.com Objective To serve as City Manager for the City of Edgewater. Professional Summary A public service executive with sixteen (16) years of professional level local government management experience. Major areas of experience, knowledge and skills include: Budgeting/Financial Administration Capital Improvement Management Labor Relations and Negotiation Customer Experience Focuses Organizational Change / Development Strategic Planning Debt Issuance / Refinance Operational Analysis Intergovernmental Collaboration Debt Issuance / Refinance Systems Design and Implementation Contract Negotiation and Management All-hazard planning Experience City of Holly Hill, Florida January 2018 - Present Finance Director – The City of Holly Hill, is located in Volusia County with a population of approximately 13,000 that has a strong commercial presence within the Daytona Beach corridor of Volusia County. I am responsible for all financial affairs of the City including the preparation of the $41 million budget and provide oversight of 11 employees. The Finance Director is responsible for Customer Service and all general accounting functions. Accomplishments  Redeveloped the budget process to implement a Zero-Based-Budgeting methodology with an annual budget of $40 million.  Successfully developed and implemented a Cost Allocation methodology for the City’s operating funds.  Developed a methodology to implement the recommended survey results from an Evergreen Salary Study across all Collective Bargaining Units, non-union and senior management.  Developed and implemented a complete Policy and Procedure manual for the Finance Department and City – Wide Policies and Procedure as it related to fiscal matters. City of Mount Dora, Florida August 2017 – January 2018 Finance Director – The City of Mount Dora, is located in Lake County with a population of 26,000 that is tourism focused with events drawing over 200,000 weekly. I was responsible for all financial affairs of the City including the preparation of the $64 million budget and I provided oversight of 20 employees. The Finance Director had very broad responsibility which included fleet, IT, Customer Service which included an electric utility, purchasing, warehouse / inventory and all general accounting functions. Jonathan C. McKinney (page 2) City of Edgewater, Florida February 2008 – August 2017 Assistant City Manager/Finance Director – The City of Edgewater, is located in Southeast Volusia County with a population of 22,000. As the Assistant City Manager / Finance Director I was responsible for the fiscal services, information technology, economic development / redevelopment, community development and parks / recreation of the City. I was responsible for the $53 million budget with 203 full- time employees. Accomplishments  Strong public budgeting and fiscal management, including the management of service delivery in a declining economic environment while maximizing financial resources to meet service delivery expectation.  Redeveloped the budget process to implement a Zero-Based-Budgeting methodology with an annual budget of $40 million.  Managed the initiatives concerning Economic Development efforts in creating the Community Redevelopment Agency, Retail Strategies initiative and passing of a Tax Abatement program.  Successfully developed and implemented new revenues methodologies such as Cost Allocation and Payment in lieu of Franchise Fees to maintain service delivery.  Refinanced citywide debt portfolio to recognize lower interest rates resulting in $781,625 reduction of annual interest debt service.  Project lead on the renovations of the City Hall Complex including the creation of stormwater conveyance ponds and beautification of all facades.  Created a successful community event known as EdgeFest drawing several thousand people monthly to City parks.  Implemented new online payment portal, website, IVR portal and call center in March 2015 to enhance the customer service delivery of our citizens and utility customers.  Enhanced Social Media outlets for the City to provide more transparent communication to our citizens.  Developed and implemented a complete Policy and Procedure manual for the Finance Department and City – Wide Policy and Procedure as it related to fiscal matters. City of Titusville, Florida January 2003 – September 2007 Controller – The City of Titusville, Florida, is located in North Brevard with a population of 45,000 based on the 2000 Census. The Controller is responsible for the Accounting Division of the City including accounting, budgeting, financial reporting and auditing. Required to be Acting Finance Director in the absence of the Finance Director. Accomplishments  Successfully implemented strategic planning component within the city’s annual budget process.  Introduced financial management policies and procedures that resulted in more cost effective and timely annual audits.  Monitored revenues and expenditures throughout all city departments for conformance with city strategic planning, mission, goals and objectives, on a $110 million annual budget.  Successfully handled the issuance of the $12.5 million General Obligation Debt for the Riverfront Acquisition of 2005.  Handled the 2004 Hurricane Charley, Francis and Jean FEMA reimbursements. Jonathan C. McKinney (page 3) Other Professional Experiences Brevard County Fire Rescue, Florida October 2007 – February 2008, Finance Manager - Supervised the Accounting Division of the Department. Monitored revenues and expenditures throughout all divisions for conformance with county strategic planning, mission, goals and objectives, on a $77 million annual budget. Education & Certification Master of Business Administration, Stetson University, Deland, FL Bachelor of Science (Accounting Concentration), University of Central Florida, Orlando, FL Certified Government Finance Officer (CGFO) Florida Redevelopment Association Professional Accreditation (FRA-RP) National Incident Management System / Incident Command System (ICS) Certified in ICS 100, 200, 300, 700 and 800 Affiliations and Activities Florida City County Managers Associations – 2015 - Present Government Finance Officers Association – 2003 - Present Florida Government Finance Officers Association (FGFOA), Certification Chair – 2010 thru 2011 Small Government Chair – 2012 Technical Resource Chair – 2013 Board of Directors – Term 2014 to 2020 Florida Redevelopment Association – 2013 – Present Volusia / Flagler FGFOA, Charter Member and President – 2011 thru 2013 Space Coast FGFOA, Secretary and Treasurer - 2003 - 2011 Boy Scouts of America – Cub Master and Assistant Scout Master – 2011 to Present Jonathan C McKinney 626 Coral Trace Blvd . Edgewater FL . 32132 (321)205-6401 john.c.mckinney@gmail.com Professional References Tom Abbate, Assistant City Manager City of Titusville 555 S. Washington Ave. Titusville FL 32796 321-567-3702 thomas.abbate@titusville.com Chuck Bogle, Fire Chief City of Melbourne 865 W. Eau Gallie Blvd. Melbourne, FL 32935 321-608-6000 cbogle@melbourneflorida.org Ken Burke, Clerk of Court Pinellas County Florida 315 Court St., 4th Floor, Clearwater, FL 33756 727-464-3341 kburke@co.pinellas.fl.us Mark Galvin, Managing Director Hilltop Securities, Inc 450 S. Orange Ave. Suite 460 Orlando, FL 32801 407-426-9611 Mark.galvin@hilltopsecurities.com Yvonne Claybourne, Partner Carr Riggs & Ingram 215 Baytree Dr. Melbourne, FL 32940 321-255-0088 yclayborne@cricpa.com Jeannie Garner, Executive Director(D) Florida League of Cities, Inc. 301 S. Bronough Street, Ste 300 Tallahassee, FL 32301 850-519-2474 jgarner@flcities.com Tom Harmer, Town Manager Town of Longboat Key 501 Bay Isles Road Longboat Key, FL 34228 941-316-1999 ext 1212 tharmer@longboatkey.org Robin Hayes, City Manager City of Mount Dora 510 N, Baker St. Mount Dora, FL 32757 352-735-7126 hayesr@ci.mount-dora.fl.us Ken Hooper, Consultant Retired City and County Manager 1818 S. Riverside Dr. Edgewater, FL 32141 407-448-5253 khooper@peconline.com CITY OF MOUNT OFFICE OF THE CITY MANAGER City Hall 510 N. Baker St. Mount Dora, FL 32757 Office of the City Manager 352-735-7126 Fax: 352-735-4801 Finance Department 352-735-7118 Fax: 352-735-1406 Human Resources 352-735-7106 Fax: 352-735-9457 Planning and Development 352-735-7112 Fax: 352-735-7191 City Hall Annex 900 N. Donnelly St. Mount Dora, FL 32757 Parks and Recreation 352-735-7183 Fax: 352-735-3681 Public Safety Complex 1300 N. Donnelly St. Mount Dora, FL 32757 Police Department 352-735-7130 Fax: 352-383-4623 Fire Department 352-735-7140 Fax: 352-383-0881 Public Works Complex 1250 N. Highland St. Mount Dora, FL 32757 352-735-7151 Alt. Tel: 352-735-7105 Fax: 352-735-1539 Alt. Fax: 352-735-2892 W. T. Bland Public Library 1995 N. Donnelly St. Mount Dora, FL 32757 352-735-7180 Fax: 352-735-0074 Website: www.cityofmountdora.com December 10, 2018 Re: Professional Recommendation for John C. McKinney To Whom It May Concern: As the City Manager of Mount Dora, I had the privilege to work very closely with John from August 2017 until January 2018. John accepted the position as the Finance Director knowing the position would be a challenge, with an expectation to redefine the department within months. John excelled in his role as the City's Finance Director, rewrote policy, hired and placed individuals in key positions, and created financial reports for the legislative branch. In addition to responsibilities too numerous to mention here, John was the primary team member in charge of the preparation of the Audit and also undertook the Budget Book. John produces a high volume of work while maintaining high standards for quality and accuracy, he is highly respected by the people who work under his supervision. John takes the initiative to go beyond the expected parameters of his job and is an excellent leader. There will be no unpleasant surprises, and I am confident he will "fit" the organization. I volunteered to write this recommendation for John because I am very grateful for his contributions to the City of Mount Dora. John worked here for a short period, but his contributions have benefited our community. -•. 1,� (4 , Robin R. Hayes City Manager James "Jim" McCroskey 476 Jeannette Dr. Ormond Beach, FL 32174 386-275-4877 e-mail: worldtradesol@hotmail.com SUMMARY OF QUALIFICATIONS Over 25 years of administrative experience in the field of city management, economic development and business administration. Background includes budget management and administrative supervision of public and private business organizations. PROFESSIONAL EXPERIENCE a Town Manager Greenville, Florida November 2017 to July 2017 Greenville is a town of approximately 850 citizens. The Town operates a fire department and the Sheriff provides police protection. Town operates a full service water and sewer treatment system and has a solid waste pickup department and a full service public works department. The Town received a $1.9 Million Dollar waste water grant for a new plant. • Town Administrator Town of Enfield, North Carolina April 2015 to Oct. 2015 Part time Town Administrator for an Eastern North Carolina community of approximately 2,000 citizens. Town has a full time police force, and volunteer fire department. Town operates a full service water and sewer treatment system as well as serves the town with an electric system. The town manages solid waste pickup and has a full service public works department. Enfield has a $7 Million Dollar operational budget. • City Manager City of Holly Hill, Florida March 2011 to May 2014 City Manager of an East Coast Florida city of 12,000 citizens. City has a full time Police Force, Fire Department, Public Work and Water and Sewer System. City has a $22 Million Dollar for Budget and a Community Redevelopment Agency with a $1.5 Million Dollar Budget. Holly Hill employees approximately 110 full and part time employees. All employees are represented by bargaining unions. A balanced budget has been presented to a 5 member Mayor and Commission. The City has approximately $10 Million in fund reserve. The CRA has a cash balance of $8 Million Dollars. Administration of a $5 million underground utility program. • Assistant City Manager City of Daytona Beach Shores, Florida January 2006 to March 2011 Served as Acting City Manager in the City Manager's absence. Project administrator for a $30 million dollar public works utility project. Assisted the manager and staff in preparation of day to day operational affairs of the City. Assisted in preparation of the city budget, personnel policy items and changes. Served as Director of the Community Redevelopment Agency. As the director over Grants Administration, the department was successful in securing approximately 5 million dollars in federal, state and county grants. • Assistant to the City Manager City of South Daytona, Florida April 2005 — January 2006 Advisor to the City Manager on economic development activity, grants administration, U.S. 1 (Ridgewood Avenue) Streetscape, policy formulation on 7 new condominium development projects, long and short range planning of marina and waterfront developments. • Vice President of Business Development Daytona Beach/Halifax Area Chamber of Commerce January 2002 to April 2005 Headed Development Partnership which is a public/private development organization made up of 7 cities, Volusia County and 55 private companies. Success included the creation of 35 new and expanded companies with the creation of over 800 new jobs and 750 million dollars in new investments. Formed the Halifax Area Trade Council, an organization responsible for establishment of international trade and commerce as well as coordination with Enterprise Florida on trade issues. EDUCATION • Masters Degree in Urban and Regional Planning University of Mississippi, Oxford, Mississippi • Bachelor's Degree in Urban Geography and Land Management East Tennessee State University, Johnson City, Tennessee • University of Wisconsin, Municipal Utility Engineering Cont. Education, School of Engineering, Madison, Wisconsin PROFESSIONAL AND PERSONAL • Received the Volusia County Friend to Industry Award ..................2002 Presented by Volusia County Manufacture's Association • Past Member of the Daytona Beach Kiwanis Club and DeLand Rotary Club • United States Navy Veteran • Licensed North Carolina Real Estate Broker • Licensed Florida Real Estate Sales Associate • 10 Year Service Award ICMA • Board of Directors Madison County Economic Development Council ►1amlaompk4imw A T Now Fm cw Aw-cm ow twLAna &.,w Imovivic um a& INLEL _ pi SES; *- in � 10=1 lim= rear Ck; ARM= aw� I' , a2Vi c - At Am :3r a` w - - - —==mwt :e t■am Tem -� ift+ kiE aIbElftm magw expEgma it a0z =.�Wmm r - mac - Ani. - W EMOM r MWa_ SW qft= 41f ttL AMEM MMI MEMEM&M art I m ar im Amisi zBowt or %MMm� mat Ammmale 49 ft *Cw +tom XE ri tF__ !Tm mv TIK £'moi'! .:T" or INL&mk !'L hwfin 'i --mb - �`i — / `t' _ a 3tLw no= fwip !m *on :Rw� --w in • or nop. Af kz- ft *asp orr V: p.m4lr a� s amm st m 2w PAMIme Amer -end 2m :-w _--w t 3z=mm� -!m C7 �tF,. -- City of Deland w ww dciand org 120 South Florida Avenue DeLand, Florida 32720.5422 Telephone_ (386) 740-5700 Certificate of *cognition Fax: (386) 740.6869 Tresentd to ,dim WcCrosf y Whereas, Yim wccroskey has senrd as t& O—fy of ms's OmmunItY Devdopment (Director since 1993 and this year has 6aen ,meted to reams tie `¢ted of Industry"Awardfor2001 from the Volusia ' mid Whereas, as tDeLands Community Devekpment Director, ,dim has had the rresponsi iiCty of working within the community to assure implementation of City policies to create a safe and wef -planned place to live, workand play; and Whereas, he aids and assists businesses in OeLand and the surrounding area through programs and services in an effort to promote business growth and job creation in the community and to ensure the success of existing and new businesses; and Whereas, the Volusia Wanufacturers Association annually gives the "Friend of Industry" award to that person who is not encployed in manufacturing, but has done the most to further the interests of manufacturing in the Volusia-T&gler county area. XO,W, therefore, I, gZ96ert T. Apgar, 9dayor of the City of DeLand, and on 6ehdf of the OeLand City Commission and this community, do here6y extend to ,dim 91-icCroskey this Certifuate of Recognition on receiving the "Friend of Industry"Award for 2001. We offer our heartfelt congratulations and we wish you continued success in the fiartfier economic development of this community and our business industries. Done and proclaimed thisf, day of (December 2001. 911ayor Auest A Mmnessy, City Clerk - Auditor y PROFESSIONAL REFERENCE LIST • City Manager City of Holly Hill, Florida 1065 Ridgewood Ave. Holly Hill, FL 32117 Mayor Roy Johnson (386-295-2214) • Assistant City Manager/ CRA Director City of Daytona Beach Shores, Florida City of Daytona Beach Shores 2990 S. Atlantic Ave. Daytona Beach Shores, FL 32118cxc Michael Booker (City Manager 386-527-0865) Assistant City Manager/ CRA Director City of Daytona Beach Shores, Florida City of Daytona Beach Shores 2990 S. Atlantic Ave. Daytona Beach Shores, FL 32118cxc Mayor Greg Northrop (386-405-2739) March 2011 to May 30, 2014 January 2006 to March 2011 January 2006 to March 2011 13 r10 ctafli at toil 0'..- �-Jmwi Awr pw AMF .mow do mg - - comogrAwasw Ar c iw■Air 4w:*w or& % - �r Joe err JMWA I&-c"Aft'jor iiw IME5361W JCr aw { .w an Michael Alan McNees 5105 S. U.S. Highway 1 Grant-Vakaria, Florida 32949 321-507-3743 mikemcnees(c,yahoo.com Employment History City Manager — City of Melbourne, Florida — 02-2013 to 12-2018. Full service coastal city with a year-round population of 80,000 and daytime population more than double that, a staff of 900 full time equivalent (FTE) employees and a budget of $200 million. Commercial center for the Space Coast's aviation, technology, defense and aerospace industries with corporate headquarters of Harris Corporation and major presence of Northrup Grumman, Rockwell Collins, GE and many others. Siginficant economic development work including expansions of both Northrup Grumman and jet manufacturer Embraer S.A., including negotiations that led to one of the largest corporate expansion announcements of 2016 with Melbourne chosen as site for design of the new USAF long range bomber. Incident Commander for emergency response. Also managed three Community Redevelopment Agencies, including a significant downtown redevelopment program. Interim Chief Executive Officer— USA Track and Field. 09/2010 to 05/2012. 100,000 Member National Governing Body. Assumed full duties of CEO during protracted Board - conducted CEO search, including contract negotiations (i.e. contracts with USOC and Local Organizing Committee for conduct of 2012 Olympic Trials), event development and execution, merchandising, marketing and promotions, Board relations. Chief Operating Officer — USA Track and Field — 03/2009 to 05/2012. Recruited to serve as #2 executive for USOC-designated National Governing Body for the sport of track and field and road racing, primrily to advance proposed governance and business process reforms. Appointed Interim CEO when the change -agent executive was terminated in 2010, pending selection of new CEO. Duties included strategic planning, programmatic supervision from youth to masters including international teams, budgeting, sponsorship and event development and administration, merchandising, and elite athlete programs including selection and logistics for all USA national teams including Olympic teams. USATF Liaison to USOC, NCAA. County Administrator — Blaine County, Idaho (Sun Valley area) — 5/07 to 3/09. First appointed CAO for 2400+ sq. mile county, population 23,000. Annual budget $26 million. City Manager - City of Sarasota, Florida (Population 54,000)_ 9/01 to 1/07. Chief Executive Officer for the "Best Small City in America" (Money magazine, 2000) with 800 FTE and a budget of $140M. Executive Director of Downtown Community Redevelopment Agency, overseeing $1 billion in redevelopment over 3 years, including negotiation of development agreements. "Special Award for Courage in Communication" from the FCCMA for "City Manager's Blog": srgcm.blogspot_com Michael A. McNees — Page 2 Employment History - continued Board of County Commissioners - Collier County FL - 8/84 to 9/01. 2000 sq. mi. county contains much of both Everglades National Park and the Big Cypress National Preserve, among fastest growing in the nation for 80's and 90's. Chief Operating Officer/Assistant County Manager - 9/95 to 9/01. Responsible for all day-to-day operations under Board of County Commissioners (1400 employees, budget $611 million). Authority on hiring, salary administration and discipline issues; large-scale special projects. Responsible for recommendations to County Commission on all debt - related issues. Also served as: - Interim County Manager - 1/97 to 6/97 and 11/99 to 3/2000. - Acting Emergency Services Administrator - 5/99 to 5/01. Management of countywide EMS system, Emergency Management, Helicopter Operations, and two dependent fire control districts. - Acting Transportation Administrator - 5/00 to 9/00. - Utilities Administrator - 2/94 to 9/95. Senior manager of 200 employee, 75,000 customer water and wastewater utility. - Management and Budget Director -10/89 to 2/94, - Utilities Finance Director - 4/86 to 10/89 - Administrative Assistant to Utilities Administrator - 8/84 to 8/96 Comptroller, West Coast Windows Inc. - Naples, FL — 4/83 to 2/84 District Manager - Internorth, Inc. (Northern Propane Gas Co.) Naples, FL — 2/80 to 4/83 Profit center responsibility for propane gas distribution and service operation. Graduate Assistant Track Coach, Louisiana Tech University_ 9/77 to 12/79 Supervision and training of all sprinters and hurdlers, approximately twenty student -athletes. Education and Training • MBA, Management, Louisiana Tech University, Ruston, 1979 • AB, Chemistry, Indiana University, Bloomington, 1977 (Big Ten Track Champion, 1977) • FEMA Incident Command System and National Incident Management System Certifications • Center for Creative Leadership - "Leadership Development Institute" • Graduate - Advanced Government Finance Institute, Government Finance Officers' Association Michael A. McNees — Page 3 Professional, Community Activities Current • Member International City Management Association • At -large member, Board of Directors, Florida City -County Management Association • Member, Center for Ethics and Leadership, Florida Tech University • Board of Directors, United Way of Brevard County • Team Captain, Space Coast Runners Racing Team Previous • Board of Directors, USA Team Handball • Board of Directors Running USA. Trade Association for the running industry • Delegate — 2011 Congress of the International Association of Athletics Federations, Daegu, South Korea • Delegate — 2011 Pan American Athletics Congress, Guadalajara, Mexico • Team Leader, Team USA, 2011 IAAF World Outdoor Championships, Daegu, South Korea, and 2012 IAAF World Indoor Championships, Istanbul, Turkey • Board of Directors, Fly Sun Valley Alliance • President, HealthCare Sarasota (self-insurance pool/healthcare services buying consortium) • Sarasota Bay Estuary Program, Management Committee Chair • Committee for Economic Development, Sarasota County • Sarasota Downtown Partnership Board of Directors • Founding Member, Sarasota Actors Workshop • Advisory Committee for the Masters Program in Public Administration, Florida Gulf Coast University • Four -term President, Naples Players Inc. — One of 10 largest community theaters in the U.S. Completed successful $6.8 million capital campaign and construction of two -auditorium theater complex in the heart of downtown Naples. • Board member and 1 st Vice President, Children's Advisory Board, Big Brothers/Big Sisters of Collier County • Member Florida Association of Counties, Administration and Finance Technical Advisory Committee • Associate Instructor, Management Principles for various colleges, including Edison Community College and Barry University • Volunteer Varsity Assistant Basketball Coach, Lely H.S., Naples, FL — 5 years Personal Interests Running, acting, guitar, scuba, fishing, boating, bicycling, skiing, mountaineering, rock climbing, basketball.