04-16-2007
(J
o
V oting Order
Councilwoman Rogers
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
Mayor Thomas
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
April 16, 2007
7:00 P.M.
COMMUNITY CENTER
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPROV AL OF MINUTES - None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
A. Deborah Green W A V, presentations to Edgewater Landing Garden Club and
City of Edgewater.
B. Eldon McDirmit, McDirmit Davis, LLC, presenting the Comprehensive
Annual Financial Report (CAFR) for fiscal year ended September 30, 2006.
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. CITY COUNCIL REPORTS
6. CONSENT AGENDA - None at this time.
7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2006-0-44, City of Edgewater requesting an
amendment to the Official Zoning Map to include 17.63i: acres of land
located southwest of Edge water Lakes Subdivision Phase la (Northstar
Lane) as P/SP (Public/Semi-Public) (rezoning) 1st reading 1/22/07, item 7G.
B. 2nd Reading, Ord. No. 2006-0-45, Sid Peterson requesting annexation of
79.18i: acres ofland located south of the Taylor Road and Glencoe Road
intersection; cont. from April 9, 2007, item 7A (annexation).
C. 1st Reading, Ord. No. 2007-0-05, Sid Peterson requesting an amendment to
the Comprehensive Plan Future Land Use Map to include 79.182= acres of
land located south of the Taylor Road and Glencoe Road intersection as Low
Density Residential with Conservation Overlay (Ig. scale compo plan
amendment).
D. 1 st Reading, Ord. No. 2007-0-06, Sid Peterson requesting an amendment to the
Official Zoning Map to include 79.18i: acres of land located south of the Taylor
Road and Glencoe Road intersection as RPUD (Residential Planned Unit
Development) and approval of associated RPUD Agreement for Villas at the Lakes
(rezoning).
'->
o
City Council Agenda
April 16, 2007
Page -2-
7. Public Hearings, Ordinances and Resolutions Cont.
E. 1st Reading, Ord. No. 2007-0-07, Glenn Storch requesting an amendment to
the Comprehensive Plan Future Land Use Map to include 20.282= acres of
land located south of Two Oaks Drive and north of 27th Street as Low
Density Residential with Conservation Overlay (lg. scale compo plan
amendment).
F. 1st Reading, Ord. No. 2007-0-08, Glenn Storch requesting an amendment to
the Official Zoning Map to include 20.282= acres of land located south of
Two Oaks Drive and north of 27th Street as R-3 (Single-Family Residential).
G. 2nd Reading, Ord No. 2007-0-46, Glenn Storch requesting annexation of
20.28:!: acres of land located south of Two Oaks Drive and north of 27th
Street; cont. from April 9, 2007, item7B (annexation).
H. 1st Reading, Ord. No. 2007-0-09, Jason Gambone requesting an amendment
to the Comprehensive Plan Future Land Use Map to include 41.87:!: acres of
and located south of Oak Street, east of US I and west of the Indian River as
Commercial and High Density Residential with Conservation Overlay (Ig.
scale compo plan amendment).
I. 1st Reading, Ord No. 2007-0-10, Jason Gambone requesting an amendment
to the Official Zoning Map in include 41.87:!: acres of land located south of
Oak Street, east of US I and west of the Indian River as RPUD (Residential
Planned Unit Development) and approval of associated RPUD Agreement
for River Club (rezoning).
J. Res. No. 2007-R-04, urging the State Legislature to reconsider the methods
used to determine changes in the State's tax code.
8. BOARD APPOINTMENTS - None at this time.
9. OTHER BUSINESS - None at this time.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
I) Tentative Agenda Items
II. CITIZEN COMMENTS
12. ADJOURN.
Note. All items for inclusion on the May 7, 2007, agenda must be received by the City
Manager's office no later than 12:00 pm, Thursdav, April 26, 2007.
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 Susan Wadsworth, lO4 N. Riverside Drive, Edgewater, Florida,
telephone number 386-424-2400 xllOl, 5 days prior to the meeting date. If you are hearing or voice impaired,
contact the relay operator at 1-800-955-8771.
AGENDA REQUEST
Date: April 3. 2007
PUBLI C
HEARING April 16. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006-0-44
City of Edgewater requesting an amendment to
the Official Zoning Map to include 17.63:1: acres
of property located southwest of the Edgewater
Lakes Subdivision Phase la (Northstar Lane) as
P/SP (Public/Semi-Public).
OWNER: City of Edgewater
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as P/SP
(Public/Semi - Public).
PROPOSED USE: Animal Services Facilities/ future potable and reclaimed water storage
LOCATION: Southwest of the Edgewater Lakes Subdivision Phase la (Northstar Lane)'
AREA: 17.63:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Low Intensity (Currently being amended to City of
Edgewater Public/Semi-Public with Conservation Overlay)
ZONING DISTRICT: Volusia County - R-3 (Urban Single-Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant Low Density Residential and RPUD (Residential Planned
Commercial with Unit Development)
Conservation Overlay
East Vacant Low Density Residential and RPUD (Residential Planned
Commercial with Unit Development)
Conservation Overlay
South Vacant Volusia County - Industrial Volusia County A-3
and Urban Low Intensity (Transitional Agriculture), 1-4
(Industrial Park), and 1-1 (Light
Industrial).
West Vacant Volusia County - Urban Low Volusia County A-3
Intensity (Transitional Agriculture), 1-4
(Industrial Park), and 1-1 (Light
Industrial).
RZ-0621 - Animal Shelter
Background
This property is located south and west of the Edgewater Lakes Subdivision, Phase la. The City
proposes to utilize the property for an animal shelter as approved in the General Election of 2004 and for
future potable and reclaimed water storage.
The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council for the
proposed amendment at their October 11, 2006 meeting.
At their regular meeting of December 4, 2006 City Council voted 4-0 to continue this request. On
January 22,2007 City Council voted 5-0 to approve this request at first reading.
Land Use Compatibility
The proposed use of the property is compatible with the surrounding area, which includes the
proposed public/semi-public usage on the property to the south.
Adequate Public Facilities
All necessary infrastructure shall be constructed prior to the completion of the proposed facilities.
Natural Environment
The natural environment includes Pine/Mesic Oak, Scrub Oak and Wet Prairie; soils include Daytona
Sand and Pompano-Placid Complex. An environmental analysis shall be completed prior to
development.
Comprehensive Plan Consistency
The proposed zoning designation ofP/SP (Public/Semi-Public) is compatible with the Future Land Use
designation of Public/Semi-Public with Conservation Overlay adopted by City Council on September 11,
2006. t
Other Matters
There are no other know matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-44: amending the Official Zoning Map to include
property as P/SP (Public/Semi-Public).
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-44.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
12-4-06
1-22-07
AGENDA ITEM NO. 7E
7G
Respectfully Submitted By:
(~~.
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Robin Matusick -
Paralegal
~CJv\. Q ~ ,): ~ \~~~..~
J~n C. Williams 7\
City Manager \J
Darren Lear
Development Services Director
RZ-0621 - Animal Sheller
2
ORDINANCE NO. 2006-0-44
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 17.63 ACRES LOCATED AT 3930 US
HIGHWAY NO.1 (SOUTHWEST OF THE EDGEWATER
LAKES SUBDIVISION PHASE lA - NORTHST AR LANE),
EDGEW A TER, FLORIDA, FROM COUNTY R-3 (URBAN
SINGLE-FAMILY RESIDENTIAL) TO CITY P/SP
(PUBLIC/SEMI-PUBLIC); AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW A TER;
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. City of Edgewater, owner/agent for property located at 3930 US Highway No. 1
(southwest of the Edgewater Lakes Subdivision, Phase lA (Northstar Lane), Edgewater, Florida.
Subject property contains approximately 17.63 i: acres more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from County R-3 (Urban Single-Family Residential) to City P/SP (Public/Semi-Public)
for the property described herein.
3. On October 11, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On January 22,2007, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
January 11, 2007.
StI tick till ou~h passages are deleted.
Underlined passages are added.
2006-0-44
5. On April 16, 2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on Thursday, April 5, 2007, and notifying by mail
all property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
12. The City Council finds that the requested rezoning does not affect a large portion of
the public, but rather has impact on a limited number of persons or property owners.
13. The City Council finds that the requested rezoning is a decision contingent on a fact
or facts arrived at from distinct alternatives and that the requested rezoning decision can be
functionally viewed as policy application, rather than policy setting.
14. The City Council finds the consideration of this rezoning to be a quasi-judicial act
StI tick till otlSh passages are deleted.
Underlined passages are added.
2006-0-44
2
rather than a legislative act of the City Council.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
R-3 (Urban Single-Family Residential) to City P/SP (Public/Semi-Public).
The following described real property all lying and being in the County of V olusia
and State of Florida.
PARCEL I:
A portion of U.S. Lots 1 and 2, Section 13, Township 18 South, Range 34 East, being
described as follows: .
As a point of reference begin at the Northwest comer of U.S. Lot 2, Section 13,
Township 18 South, Range 34 East; thence N 68038'36" E, along the North line of
said U.S. Lot 2, a distance of 154.03 feet; thence S 28002'31" E, a distance of 439.34
feet; thence S 14010'55" E, a distance of 483.39; thence S 22048'24" E, a distance of
198.47 feet to the South line of said US. Lot 2; thence S 87035'58" W, along said
South line, a distance of 531.19 feet to the West line of said US. Lot 2; thence S
00050'02" E, along the East line of said US. Lot 1, a distance of 84.36 feet; thence
S 89032'43" W, a distance of210 feet; thence N 00050'02" W, a distance of 1010.00
feet to the North line of said U.S. Lot 1; thence N 68038'36" E, along said North line,
a distance of 224.23 feet to the Point of Beginning.
PARCEL II:
A portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East and being
more particularly described as follows:
As a point of reference commence at the Northwest comer of US. Lot 2, Section 13,
Township 18 South, Range 34 East; thence N 68038'36" E, along the North line of
said US. Lot 2, a distance of 154.03 feet; thence S 28002'31" E, a distance of 439.35
feet; thence S 14010'55" E, a distance of 387.51 feet for the Point of Beginning;
thence N 83050'50" E, a distance of505.89 feet; thence S 25006'23" E, a distance of
Stl uck t1l1ough passages are deleted.
Underlined passages are added.
2006-0-44
3
164.34 feet; thence S 57044'13" E, a distance of283.75 feet to the Southerly line of
said U.S. Lot 2; thence S 87035'58" W, along said Southerly line, a distance of
712.85 feet; thence N 22048'24" W, a distance of 198.47 feet; thence N 14010'55" W,
a distance of95.89 feet to the Point of Beginning.
Together with the right to use a proposed 30 foot easement being described as
follows:
30 foot Easement: The Southerly 30 feet ofa portion of U.S. Lots 2 and 3, Section
13; Township 18 South, Range 34 East; lying Westerly ofD.S. Highway No. 1 and
being more particularly described as follows:
Beginning at a point, said point being on the Southerly line of said U.S. Lot 3,
Section 13; Township 18 South; Range 34 East; said point being 77.00 feet Westerly
of and measured at right angles to the survey line of State Road No.5; Section 7901;
also known as U.S. Highway No.1; thence S 87035'58" W, along the Southerly line
of said U.S. Lots 2 and 3, a distance of753.06 feet; thence N 57044'13" W, a distance
of52.75 feet; thence N 87035'58" E, along a line that is 30 feet Northerly and parallel
with the Southerly line of said U. S. Lots 2 and 3, a distance of 785 .19 feet to a point,
said point being 77 feet Westerly of and measured at right angles to the said survey
line of State Road No.5; thence S 22057'44" E, along said line, a distance of 32.04
feet to the Point of Beginning.
Containing 17.63 ::!:: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Development Services Director 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.
StltlGk tllIOUgh passages are deleted.
Underlined passages are added.
2006-0-44
4
PARTD.
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 E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
During the first reading on December 4, 2006, after a Motion by Councilwoman Lichter and
Second by Councilwoman Rogers was made to continue first reading; by a vote of 4-0 (Mayor
absent) first reading of this ordinance was continued.
Stll1Gk t1uol1gh passages are deleted.
Underlined passages are added.
2006-0-44
5
After Motion to approve by Councilwoman Rhodes and Second by Councilman Vincenzi,
the vote on the first reading of this ordinance held on January 22,2007 is as follows:
AYE
NAY
Mayor Mike Thomas
x
Councilman Debra Jean Rogers
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet B. Rhodes
x
Councilwoman Judy Lichter
x
After Motion to approve by
and Second by
, the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
Stl n.:;k till ongll passages are deleted.
Underlined passages are added.
2006-0-44
6
PASSED AND DULY ADOPTED this 16th day of April, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Stl tick till oagh passages are deleted.
Underlined passages are added.
2006-0-44
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of April, 2007 under Agenda Item No. 7_.
7
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Pearl Street as R-4 (Multi-Family Residential)
(rezoning)
City Attorney Ansay read Ord. 2006-0-41 into the record.
Councilwoman Rogers moved to continue Ord. 2006-0-41 until
February 5, 2007, second by Councilman Vincenzi.
The MOTION CARRIED 5 - 0 .
G. 1st Reading, Ord. No. 2006-0-44, City of Edgewater
requesting an amendment to the Official Zoning
Map to include 17.63~ acres of land located
southwest of Edgewater Lakes Subdivision Phase 1a
(Northstar Lane) as p/Sp (Public/Semi-Public)
(rezoning) continued from 12/4/06, Item 7E)
City Attorney Ansay read Ord. 2006-0-44 into the record.
Development Services Director Darren Lear made a staff
presentation.
Mayor Thomas opened the public hearing.
The following citizens spoke:
Karen Mason, 1847 Coco Palm Drive, stated in an effort to
save time, she wanted to beg the Council to go forward. It
is four years to this point just to change the land. There
are many citizens that want this built that want these
animals taken care of. She asked everybody in the audience
who was in favor of getting the shelter built" and urging
the Council to move forward to please stand up. They asked
that Council take the direction that was voted on four
years ago and move on it.
Dot Carlson, 1714 Edgewater Drive, representing ECARD,
agreed that people voted on it and this should be done.
This is a very needed thing.
Leo Towsley, 2828 Unity Tree Drive, wondered when it would
be built. It has been two years since it was voted on. He
didn't vote for it.
Mr. Towsley stated they were told when it came up for a
vote that it was supposed to be run by all volunteers and
then they hired the Animal Services Director at $50,000 a
Page 11 of 52
Council Regular Meeting
January 22,2007
year. He asked what would happen now since she is gone and
they do build it. Will it be ran by volunteers or are they
going to wind up paying someone to take care of it again?
Councilwoman Lichter stated right now volunteers are
running it. Mr. Towsley asked what would happen in the
future. They were told this from the very beginning, which
is why he thought everybody voted on it. They were told
everything was supposed to be all volunteers and then they
turn around without saying anything and hire someone to run
it. He asked if this is something they are going to get
stuck with paying somebody or more people eventually or
more volunteers or no volunteers. He mentioned the Animal
Services Director being fired over a volunteer complaining
of her actions. He commented on the City wanting to bring
in a veterinarian. He questioned what veterinarian is
going to want to step up shop where the shop is being run
by volunteers who if they complain to the City Manager is
going to lose their whole job. He- asked what is happening
there because of the price going up.
Trish Whitaker, 3124 Pine Tree Drive, ex-volunteer for the
Animal Shelter, stated she was told some of the
Councilmembers don't want the animal shelter so they are
planning on putting it up for a vote and that is another
reason is it taking as long as it is. As far as where the
shelter is heading, they want to know by the volunteers.
They discussed with the Mayor about the plan with the
veterinarian. As far as she knows it is a good plan and a
solid plan. The veterinarian will be paid not by the city.
She asked where it is heading.
Mayor Thomas felt they had strayed way off the subject.
They need to vote on the rezoning. He agreed to talk about
the animal shelter later.
Mayor Thomas entertained a motion.
Councilwoman Rogers stated this item that is in front of
them tonight is as the Mayor has indicated, rezoning. She
has been instructed that they are more or less obligated to
do the rezoning because this property is not just for the
animal shelter proposed to be built. It is also for the
utilities and they need to get that on the ball. City
Manager Williams confirmed that was correct.
Page 12 of 52
Council Regular Meeting
January -22,2007
Councilwoman Rogers stated and they cannot deny or put that
off any longer unless they had, according to legal terms,
substantial evidence to put that off. Therefore to vote on
this tonight, put aside in their mind the animal shelter
issue and go back and think it is because of the reclaimed
water facility that is at this site.
Councilwoman Rogers addressed Ms. Whitaker. She mentioned
that she heard here were some Councilpeople. She stated
the citizens voted for something awhile back, the $500,000.
What the citizens voted for the citizens should get but a
lot of things have changed. In the next few weeks they
will be taking about this more. She at this point with the
$500,000 that should have been spent and what should have
been done and it's not been done, she isn't in favor of it.
She was probably one of those that rumors ran around. If it
would have been done according to the way the citizens were
told it was to be done, she would be for it. That is not
what has happened. This land cost the City money. If you
take a percentage of this land and allocate the money that
was used to purchase this, then you would start ticking
along and realizing that the $500,000 some of it has been
spent. She has asked for quantified breakdowns of that.
They haven't gotten that yet. She has a good idea what it
is she is just waiting for the ball to drop and waiting for
the rest of the things to occur as it should. Recently she
received a phone call about an article in the Hometown News
this weekend where a veterinarian had told Mayor Thomas
that they would need to have an additional $1.5 million
spent on a facility adjacent to the proposed animal shelter
in order to accommodate him for his proposed management
services that he would be providing to the shelter. She
hasn't heard any of this other than what she read in the
paper and what a citizen called and was asking her. She
was trying to say stay tuned, it's coming. She wanted to
explain her position. If they hear rumors and they want to
get the facts, call the person directly and then maybe by
them explaining themselves they will know it is a little
different than what they heard.
Councilwoman Rhodes moved to approve Ord. 2007-0-02, City
of Edgewater requesting an amendment to the Official Zoning
Map to include 17.63+ acres of land located southwest of
Edgewater Lakes Subdivision Phase la (Northstar Lane) as
p/Sp (Public/Semi-Public), second by Councilman Vincenzi.
The MOTION CARRIED 5 - 0 .
Page 13 of 52
Council Regular Meeting
January 22, 2007
AGENDA REQUEST
Date: Januarv 9. 2007
PUBLI C
HEARING Januarv 22.2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2006-0-44
City of Edge water requesting an amendment to
the Official Zoning Map to include 17.63::1: acres
of property located southwest of the Edgewater
Lakes Subdivision Phase la (Northstar Lane) as
P/SP (Public/Semi-Public).
OWNER: City of Edgewater
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as P/SP
(Public/Semi - Public).
PROPOSED USE: Animal Services Facilities/ future potable and reclaimed water storage
LOCATION: Southwest of the Edgewater Lakes Subdivision Phase la (North star Lane)
AREA: 17.63::1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Low Intensity (Currently being amended to City of
Edgewater Public/Semi-Public with Conservation Overlay)
ZONING DISTRICT: Volusia County - R-3 (Urban Single-Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zonine: District
North Vacant Low Density Residential and RPUD (Residential Planned
Commercial with Unit Development)
Conservation Overlay
East Vacant Low Density Residential and RPUD (Residential Planned
Commercial with Unit Development)
Conservation Overlay
South Vacant Volusia County - Industrial Volusia County A-3
and Urban Low Intensity (Transitional Agriculture), 1-4
(Industrial Park), and I-I (Light
Industrial).
West Vacant Volusia County - Urban Low Volusia County A-3
Intensity (Transitional Agriculture), 1-4
(Industrial Park), and I-I (Light
Ind ustrial).
RZ-062\ - Animal Shelter
Background
This property is located south and west of the Edgewater Lakes Subdivision, Phase 1a. The City
proposes to utilize the property for an animal shelter as approved in the General Election of 2004 and for
future potable and reclaimed water storage.
The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council for the
proposed amendment at their October 11, 2006 meeting.
At their regular meeting of December 4, 2006 City Council voted 4-0 to continue this request.
Land Use Compatibility
The proposed use of the property is compatible with the surrounding area, which includes the
proposed public/semi-public usage on the property to the south.
Adequate Public Facilities
All necessary infrastructure shall be constructed prior to the completion of the proposed facilities.
Natural Environment
The natural environment includes Pine/Mesic Oak, Scrub Oak and Wet Prairie; soils include Daytona
Sand and Pompano-Placid Complex. An environmental analysis shall be completed prior to
development.
Comprehensive Plan Consistency
The proposed zoning designation of P/SP (Public/Semi-Public) is compatible with the Future Land Use
designation of Public/Semi-Public with Conservation Overlay adopted by City Council on September 11,
2006.
Other Matters
There are no other know matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-44: amending the Official Zoning Map to include
property as P/SP (Public/Semi-Public).
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-44.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
12-4-06
AGENDA ITEM NO. 7E
Respectfully Submitted By:
~~~
Robin Matusick
Paralegal
.~~lJ
RZ-0621 - Animal Shelter
2
ORDINANCE NO. 2006-0-44
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 17.63 ACRES LOCATED AT 3930 US
HIGHWAY NO. 1 (SOUTHWEST OF THE EDGEW A TER
LAKES SUBDIVISION PHASE lA - NORTHST AR LANE),
EDGEWATER, FLORIDA, FROM COUNTY R-3 (URBAN
SINGLE-FAMILY RESIDENTIAL) TO CITY P/SP
(PUBLIC/SEMI-PUBLIC); AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW A TER;
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. City of Edgewater, owner/agent for property located at 3930 US Highway No. 1
(southwest of the Edgewater Lakes Subdivision, Phase lA (Northstar Lane), Edgewater, Florida.
Subject property contains approximately 17.63 ! acres more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from County R-3 (Urban Single-Family Residential) to City P/SP (Public/Semi-Public)
for the property described herein.
3. On October 11, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On January 22, 2007, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
January 11, 2007.
Stl tick thlOtlgh passages are deleted.
Underlined passages are added.
2006-0-44
5. On April 16,2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on Thursday, April 5, 2007, and notifying by mail
all property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
12. The City Council finds that the requested rezoning does not affect a large portion of
the public, but rather has impact on a limited number of persons or property owners.
13. The City Council finds that the requested rezoning is a decision contingent on a fact
or facts arrived at from distinct alternatives and that the requested rezoning decision can be
functionally viewed as policy application, rather than policy setting.
14. The City Council finds the consideration of this rezoning to be a quasi-judicial act
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Underlined passages are added.
2006-0-44
2
rather than a legislative act of the City Council.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
R-3 (Urban Single-Family Residential) to City P/SP (Public/Semi-Public).
The following described real property all lying and being in the County of V olusia
and State of Florida.
PARCEL I:
A portion of U.S. Lots 1 and 2, Section 13, Township 18 South, Range 34 East, being
described as follows:
As a point of reference begin at the Northwest comer of U.S. Lot 2, Section 13,
Township 18 South, Range 34 East; thence N 68038'36" E, along the North line of
said U.S. Lot 2, a distance of 154.03 feet; thence S 28002'31" E, a distance of 439 .34
feet; thence S 14010'55" E, a distance of483.39; thence S 22048'24" E, a distance of
198.47 feet to the South line of said U.S. Lot 2; thence S 87035'58" W, along said
South line, a distance of 531.19 feet to the West line of said U.S. Lot 2; thence S
00050'02" E, along the East line of said U.S. Lot 1, a distance of84.36 feet; thence
S 89032'43" W, a distance of210 feet; thence N 00050'02" W, a distance oflOIO.00
feet to the North line of said U.S. Lot 1; thence N 68038'36" E, along said North line,
a distance of224.23 feet to the Point of Beginning.
PARCEL II:
A portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East and being
more particularly described as follows:
As a point of reference commence at the Northwest comer of U.S. Lot 2, Section 13,
Township 18 South, Range 34 East; thence N 68038'36" E, along the North line of
said U.S. Lot 2, a distance of154.03 feet; thence S 28002'31" E, a distance of 439.35
feet; thence S 14010'55" E, a distance of 387.51 feet for the Point of Beginning;
thence N 83050'50" E, a distance of505.89 feet; thence S 25006'23" E, a distance of
StItlck tlllol1~h passages are deleted.
Underlined passages are added.
2006-0-44
3
164.34 feet; thence S 57044'13" E, a distance of283.75 feet to the Southerly line of
said U.S. Lot 2; thence S 87035'58" W, along said Southerly line, a distance of
712.85 feet; thence N 22048'24" W, a distance of198.47 feet; thence N 14010'55" W,
a distance of95.89 feet to the Point of Beginning.
Together with the right to use a proposed 30 foot easement being described as
follows:
30 foot Easement: The Southerly 30 feet of a portion of U.S. Lots 2 and 3, Section
13; Township 18 South, Range 34 East; lying Westerly of U.S. Highway No.1 and
being more particularly described as follows:
Beginning at a point, said point being on the Southerly line of said U.S. Lot 3,
Section 13; Township 18 South; Range 34 East; said point being 77.00 feet Westerly
of and measured at right angles to the survey line of State Road No.5; Section 7901;
also known as U.S. Highway No.1; thence S 87035'58" W, along the Southerly line
of said U.S. Lots 2 and 3, a distance of753.06 feet; thence N 57044'13" W, a distance
of52.75 feet; thence N 87035'58" E, along a line that is 30 feet Northerly and parallel
with the Southerly line of said U.S. Lots 2 and 3, a distance of785.19 feet to a point,
said point being 77 feet Westerly of and measured at right angles to the said survey
line of State Road No.5; thence S 22057'44" E, along said line, a distance of32.04
feet to the Point of Beginning.
Containing 17.63 i: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map ofthe 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.
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Underlined passages are added.
2006-0-44
4
PART D.
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 E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
During the first reading on December 4, 2006, after a Motion by Councilwoman Lichter and
Second by Councilwoman Rogers was made to continue first reading; by a vote of 4-0 (Mayor
absent) first reading of this ordinance was continued.
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Underlined passages are added.
2006-0-44
5
After Motion to approve by
and Second by
, the vote on the first reading of this ordinance held on January 22, 2007
is as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
After Motion to approve by
and Second by
, the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
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Underlined passages are added.
2006-0-44
6
PASSED AND DULY ADOPTED this 16th day of April, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Simek till ongh passages are deleted.
Underlined passages are added.
2006-0-44
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of April, 2007 under Agenda Item No. 7_"
7
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Councilwoman Rogers stated but then the suggestion would be
to bring it back to a date certain but they can't be
certain they would have the traffic study because they
should have had the traffic study in January and now they
are being told February so then what do they do?
Councilwoman Rhodes suggested they bring it back in
February and if they don't have it they just continue it
again.
Councilwoman Rogers questioned how that would be legally.
Assistant City Attorney Palmer informed her one option
would be to continue it until the next meeting and in the
denial order state as a basis for denial the City has not
received the traffic study and would like to evaluate that
traffic study before acting further on this project. That
would be his recommendation.
Councilwoman Rogers stated then that would be their basis.
City Manager Williams stated they could make a motion to
continue it pending the results of the traffic study and
leave it open ended, which would leave it up to staff to
bring it back to Council at that time and describe what the
suggested routes are as a result of the study.
Vice Mayor Vincenzi asked Councilwoman Rogers if it is was
her intention to continue it. Councilwoman Rogers stated
that is her intention now.
Vice Mayor Vincenzi stated so right now the motion on the
floor is what. City Clerk Wadsworth stated to continue
until the traffic study comes back. Councilwoman Rogers
stated right.
Councilwoman Rogers made a motion to continue Ord. 2006-0-
43, second by Councilwoman Rhodes.
The MOTION CARRIED 4 -0.
E. 1st Reading, Ord. No. 2006-0-44, City of Edgewater
requesting an amendment to the Official Zoning
Map to include 17.63~ acres of land located
southwest of Edgewater Lakes Subdivision phase 1a
(Northstar Lane) as p/Sp (Public/Semi-Public)
Assistant City Attorney Palmer read Ord. 2006-0-44 into the
record.
Page 26 of 53
Council Regular Meeting
December 4,2006
\
Development Services Director Lear made a staff
presentation.
Due to there being no comments, Vice Mayor Vincenzi opened
and closed the public hearing and entertained a motion.
Councilwoman Rhodes moved to approve Ord. 2006-0-44, City
of Edgewater requesting an amendment to the Official Zoning
Map to include 17.63+ acres of land located southwest of
Edgewater Lakes Subdivision Phase 1a (Northstar Lane) as
p/Sp (Public/Semi-Public), second by Councilwoman Lichter.
Councilwoman Rogers stated she would have to say no because
it has to do with the animal services facility and they
have an issue with what it is going to cost and they don't
know those items yet. She feels they should continue this
until they have that resolved.
Vice Mayor Vincenzi also said no and agreed with
Councilwoman Rogers.
The MOTION TIED 2 - 2 .
Vice Mayor Vincenzi asked for a recommendation. Assistant
City Attorney Palmer stated the recommendation would be to
either make a motion to continue to a future date or both
being motions to continue to a future date to look at the
date when certain issues are resolved.
Councilwoman Rogers asked City Manager Williams when they
would know these figures. City Manager Williams informed
her whether or not the animal shelter is located there is
irrelevant to a change in the official zoning map to
include this property as public/semi public. They have a
need here for potable water and reclaimed water storage.
They co-locate departments and facilities wherever possible
to achieve a savings. He presented examples of departments
that share locations. Whether or not they put the animal
shelter here, it is irrelevant to the discussion as to
whether or not they rezone it to include a designation of
public/semi-public.
Councilwoman Rogers stated but to take the time to rezone
something right now for even that purpose, they don't know
what that is going cost. They don't even know if they are
going to do it at this point.
Page 27 of 53
Council Regular Meeting
December 4, 2006
City Manager Williams stated it is still irrelevant. They
have a need there for potable water and reclaimed water
storage. Councilwoman Rogers stated then it is irrelevant
that they rezone it right now since they don't have
anything there. To her it is a moot point and they should
just hold steady until they know where they are going.
Councilwoman Lichter stated they are operating a temporary
shelter there now.
Councilwoman Rhodes asked about the water storage.
Councilwoman Rogers again asked when they will have the
figures and when they will know.
City Manager Williams stated if the animal shelter is not
there, they are going to have tanks there and utilities
operations there and they are going to have to have this
zoned to reflect the public/semi-public use. He wanted
Council to be aware of that.
Councilwoman Rogers again asked when they are going to have
the figures. City Manager Williams stated they will be
discussing options with the animal shelter but he didn't
think that was relevant to the discussion they were having
here regarding the change to the official zoning map.
Councilwoman Rhodes stated this is the first reading and it
didn't passed. She asked about the second reading.
Assistant City Attorney Palmer stated the item would not
come up again for second reading if it failed at first
reading.
Councilwoman Lichter asked if this vote could be postponed
until the Mayor comes back.
Councilwoman Rogers stated it just got voted.
Vice Mayor Vincenzi stated they voted but they did not
resolve anything.
Assistant City Attorney Palmer stated a further alternative
would be similar to what he recommended before. Even
though it is City owned property and the City is the
applicant, the Statute would likely still apply. They
could continue it until the next meeting and direct staff
Page 28 of 53
Council Regular Meeting
December 4, 2006
to prepare a denial notice based on the reasons they have
discussed tonight.
Councilwoman Rhodes stated it is their property but they
have to tell themselves. She felt that was too far out
there for her.
Assistant City Attorney Palmer stated there might not be
anybody else that has standing to sue so it might not be an
issue.
Councilwoman Lichter stated this was submitted to
and they approved the use with no qualifications.
asked if that would have to be done again?
the State
She
City Manager Williams didn't think they would have to
resubmit to the State.
Councilwoman Rhodes stated the point is, this rezoning
failed. It has to be zoned something. City Manager
Williams stated there is a State Statute.
Vice Mayor Vincenzi stated it didn't fail. Councilwoman
Rhodes stated it didn't pass, which means it failed. Vice
Mayor Vincenzi stated they have voted that way on other
things and it hasn't failed.
Assistant City Attorney Palmer stated they could also
entertain a motion to deny the rezoning and continue it
until the Mayor is present and they have five votes to
determine the outcome.
Councilwoman Rogers asked how they could do that when they
just voted. Assistant City Attorney Palmer stated they
could make a motion to make a new motion based on the
discussion after the previous failed motion.
Councilwoman Rhodes stated since this did not pass it needs
to come back to them with another zoning.
City Manager Williams asked Assistant City Attorney Palmer
to describe the State Statute that is currently on the
books and whether or not it applies to this. He reiterated
to Council when they look at their properties, regardless
of what they put on it, if it was a Police and Fire Public
Safety Building, this property would need to be rezoned to
reflect Public/Semi-Public use. The emotions that are
Page 29 of 53
Council Regular Meeting
December 4, 2006
centered around the animal shelter are really irrelevant in
the discussion because they do have a need for potable
water storage tanks and our utility operations there and it
is no different then what they do with any other properties
the City owns in trying to co-locate facilities and provide
those cost savings.
Councilwoman Rhodes stated she thought they understood that
and questioned how they get past the motion that did not
pass. City Manager Williams thought the State Statute that
is on the books prevents them from denying this without a
notice of denial for what reasons they are describing. He
asked what basis they are denying it on.
Assistant City Attorney Palmer stated technically agreeing
it is probably an academic discussion that the City owns
the property and the City is acting on this vote. The
Statute, as far as he knows, doesn't make any specific
exemption that would not require; provide an exemption to
the City. Having said that, whether anyone would have
standing to challenge that that is a question he didn't
know.
Councilwoman Rhodes stated if they do the denial letter to
themselves, then what do they do? They still have the land
and it's not zoned. City Manager Williams stated they
would violate their own zoning laws.
Assistant City Attorney Palmer stated it would continue
with the current zoning. As a general principle of law,
the City would be required to zone the property at some
time consistent with the Comprehensive Plan.
Mr. Lear stated according to the State Statutes and the
City's Land Development Code, if they have a future land
use designated in the City, you have to give it a City
zoning designation. He suggested they pass the City zoning
designation with a condition or recommendation that at a
later date they approve the site plan.
Councilwoman Rhodes questioned if that ship had sailed
already. They already had a vote.
Assistant City Attorney Palmer stated the motion to approve
failed. They have researched this issue in the past and
the general rule is a failed motion to approve does not
constitute denial. This was pertinent in the condominium
Page 30 of 53
Council Regular Meeting
December 4, 2006
case. If the Council's intention were to deny it, which he
didn't know their intention based on the Council's votes
would be to entertain a motion to deny. Like they
discussed before, it would be their recommendation to
continue this until a future meeting.
Councilwoman Rhodes stated if they continued this to a
future meeting, what if the motion to deny fails. The
Mayor is there and that changes the vote. Then what
happens?
Vice Mayor Vincenzi stated someone else puts out another
motion. Assistant City Attorney Palmer stated to approve.
Vice Mayor Vincenzi stated until it gets approved.
Councilwoman Rhodes stated or something happens. Vice
Mayor Vincenzi stated or until something happens.
Vice Mayor Vincenzi opened the public hearing.
The following citizens spoke:
Carol Ann Stoughton, 2740 Evergreen Drive, stated Mr. Lear
does a very good job. She asked if he lived in the City.
Mr. Lear informed her no. Ms. Stoughton stated she lives
in the City and she felt the vote was cast and the vote
should stand. She voted for the animal shelter being a
$500,000 outlay. That is not what they have. They have
help now and the help is $50,000 a year. She feels the
Council should consider going in with the Glencoe Animal
Shelter where they have plenty of land and they can
contribute and payoff what they want to have animals taken
over there. They voted for it. It is over. It's done.
It hasn't been built. The Council just put it up as a
motion. If Councilwoman Rhodes and Councilwoman Lichter
didn't like the way it is, it was voted and that is the way
it should stand.
Councilwoman Rhodes stated it's not about the animal
shelter. It is about that the City owns a piece of
property that needs to be zoned.
Dominic Capri a , 606 Topside Circle, stated it seems like
the Attorney is saying to give reasons for the denial,
which would be Councilwoman Rogers and Councilman Vincenzi.
He felt they gave reasons when they voted and suggested
they put those reasons into effect.
Page 31 of 53
Council Regular Meeting
December 4, 2006
Vice Mayor Vincenzi stated it didn't fail yet. It just
didn't pass.
Mr. Capria stated he understood that. He also understands
now why he didn't get an answer when he asked about the
animal shelter.
Vice Mayor Vincenzi stated the easiest solution would be
for someone else to make a motion to continue it.
Councilwoman Rogers stated no, make a motion to not pass.
Mr. Capria stated either way. Either for or not.
City Manager Williams stated the Comprehensive Plan
consists of the proposed designation of Public/Semi-Public,
is compatible with the future land use designation of
Public/Semi Public with conservation overlay, which was
adopted by Council on September 11, 2006. When it comes to
Comprehensive Plan consistency, he suggested Council take
that into consideration.
Councilwoman Lichter stated that was what she asked City
Manager Williams today. If they hadn't voted on this
situation already. She can also see the possibility of
making a motion to continue this situation until they can
come forth with a plan concerning the services offered at
the animal shelter, which will not go over the amount of
money that has been pledged. She knows that Pet Society is
trying in the background and doing a very good job of
getting pledges for the difference in money. The situation
has been brought up about the services. She feels there
are ways to still have an animal facility on that property.
Vice Mayor Vincenzi stated they are going off the subject.
Councilwoman Lichter suggested maybe they postpone this
until City Manager Williams can come up with some thoughts
on that subject.
City Manager Williams again pointed out the zoning of this
property is totally irrelevant to whether or not the animal
shelter is there.
Vice Mayor Vincenzi informed him he thought they all
understood. He feels one of the Councilmembers has
questions and does not feel comfortable passing it. He
sees no problem with postponing it if someone wanted to
make motion.
Page 32 of 53
Council Regular Meeting
December 4,2006
Councilwoman Lichter made a motion that they postpone it to
the time where it is proper for City Manager Williams to
come up with some other thoughts and ideas for funding or
direct the answers to Councilwoman Rogers' question. She
would like to postpone it to that point.
Vice Mayor Vincenzi asked if they needed a date. Assistant
City Attorney Palmer stated there is no legal requirement
for a date. The only thing is that by providing a date in
the motion would not require the City to re-advertise. If
they don't have a date certain it can be continued until
then but the only requirement would be that it be re-
advertised and Robin would take care of that.
Vice Mayor Vincenzi asked for a second.
Councilwoman Rogers seconded the motion.
Councilwoman Rogers stated she was going to say yes but at
the same time she wants to say yes because she feels at
some point when the figures are given to them it is going
to end up going back to the citizens to vote on the
increase because the cost of the animal shelter is going to
be higher than the cost that was initially voted upon.
Councilman Vincenzi stated he was going to vote yes but he
understood the use is irrelevant. The animal shelter is not
relevant to this topic. He is voting yes to postpone it
because another Councilmember has questions about it and he
doesn't see any problem with postponing it for a short
period until those questions can be answered.
The MOTION CARRIED 4 -0.
Councilwoman Rogers stated on the agenda request, it
clearly states Proposed Use: Animal Services
Facilities/future potable and reclaimed water storage. So
it does say animal services facility.
F. 2nd Reading, Ord. No. 2006-0-34,
amendments/modifications to Ord. No. 99-0-08,
Ord. No. 2000-0-14 and the Police Retirement Plan
Assistant City Attorney Palmer read Ord. 2006-0-34 into the
record.
Page 33 of 53
Council Regular Meeting
December 4, 2006
AGENDA REQUEST
Date: November 15. 2006
PUBLI C
HEARING December 4. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2006-0-44
City of Edgewater requesting an amendment to
the Official Zoning Map to include 17.63:1: acres
of property located southwest of the Edgewater
Lakes Subdivision Phase la (Northstar Lane) as
P/SP (PubliC/Semi-Public).
OWNER: City of Edgewater
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as P/SP
(Public/Semi - Public).
PROPOSED USE: Animal Services Facilities/ future potable and reclaimed water storage
LOCATION: Southwest of the Edgewater Lakes Subdivision Phase la (North star Lane)
AREA: 17.63:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Low Intensity (Currently being amended to City of
Edgewater Public/Semi-Public with Conservation Overlay)
ZONING DISTRICT: Volusia County - R-3 (Urban Single-Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desie:nation Zonine: District
North Vacant Low Density Residential and RPUD (Residential Planned
Commercial with Unit Development)
Conservation Overlav
East Vacant Low Density Residential and RPUD (Residential Planned
Commercial with Unit Development)
Conservation Overalv
South Vacant Volusia County - Industrial Volusia County A-3
and Urban Low Intensity (Transitional Agriculture), 1-4
(Industrial Park), and I-I (Light
Ind ustrial).
West Vacant Volusia County - Urban Low Volusia County A-3
Intensity (Transitional Agriculture), 1-4
(Industrial Park), and I-I (Light
Industrial).
RZ-0621 - Animal Shelter
Background
This property is located south and west of the Edgewater Lakes Subdivision, Phase la. The City
proposes to utilize the property for an animal shelter as approved in the General Election of 2004 and for
future potable and reclaimed water storage.
The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council for the
proposed amendment at their October 11, 2006 meeting.
Land Use Compatibility
The proposed use of the property is compatible with the surrounding area, which includes the
proposed public/semi-public usage on the property to the south.
Adequate Public Facilities
All necessary infrastructure shall be constructed prior to the completion of the proposed facilities.
Natural Environment
The natural environment includes Pine/Mesic Oak, Scrub Oak and Wet Prairie; soils include Daytona
Sand and Pompano- Placid Complex. An environmental analysis shall be completed prior to
development.
Comprehensive Plan Consistency
The proposed zoning designation ofP/SP (Public/Semi-Public) is compatible with the Future Land Use
designation of Public/Semi-Public with Conservation Overlay adopted by City Council on September 11,
2006.
Other Matters
There are no other know matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-44: amending the Official Zoning Map to include
property as P/SP (Public/Semi-Public),
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-44.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~~~~t:'C>
Robin Matusick
Paralegal
'\~c.~ ~~ ~'\~--
on C. Williams \
City Manager
RZ-0621 - Animal Shelter
2
ORDINANCE NO. 2006-0-44
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE-
FAMILY RESIDENTIAL) TO CITY P/SP (PUBLIC/SEMI-
PUBLIC) FOR PROPERTY LOCATED AT 3930 US
HIGHWAY NO. 1 (SOUTHWEST OF THE EDGEW A TER
LAKES SUBDIVISION PHASE lA - NORTHST AR LANE),
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW A TER;
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. City of Edgewater, owner/agent for property located at 3930 US Highway No.1
(southwest of the Edgewater Lakes Subdivision, Phase lA (Northstar Lane), Edgewater, Florida.
Subject property contains approximately 17.63 i: acres more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from County R-3 (Urban Single-Family Residential) to City P/SP (Public/Semi-Public)
for the property described herein.
3. On October 11, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On December 4, 2006, the City Council considered on first reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Observer
on November 23,2006.
Stltlck tIlIotl~h passages are deleted.
Underlined passages are added.
2006-0-44
1
5. On February 5, 2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on Thursday, January 25, 2007, and notifying by
mail all property owners who own real property directly affected by the proposed action and all
property owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. 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 Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
R-3 (Urban Single-Family Residential) to City P/SP (Public/Semi-Public).
The following described real property all lying and being in the County of V olusia
Stltl,k t1l1otl~h passages are deleted.
Underlined passages are added.
2006-0-44
2
and State of Florida.
PARCEL I:
A portion of U.S. Lots 1 and 2, Section 13, Township 18 South, Range 34 East, being
described as follows:
As a point of reference begin at the Northwest comer of U.S. Lot 2, Section 13,
Township 18 South, Range 34 East; thence N 68038'36" E, along the North line of
said U.S. Lot 2, a distance of 154.03 feet; thence S 28002'31" E, a distance of 439.34
feet; thence S 14010'55" E, a distance of 483.39; thence S 22048'24" E, a distance of
198.47 feet to the South line of said U.S. Lot 2; thence S 87035'58" W, along said
South line, a distance of 531.19 feet to the West line of said U.S. Lot 2; thence S
00050'02" E, along the East line of said U.S. Lot 1, a distance of84.36 feet; thence
S 89032'43" W, a distance of210 feet; thence N 00050'02" W, a distance of 1010.00
feet to the North line of said U.S. Lot 1; thence N 68038'36" E, along said North line,
a distance of 224.23 feet to the Point of Beginning.
PARCEL II:
A portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East and being
more particularly described as follows:
As a point of reference commence at the Northwest comer of U.S. Lot 2, Section 13,
Township 18 South, Range 34 East; thence N 68038'36" E, along the North line of
said U.S. Lot 2, a distance of 154.03 feet; thence S 28002'31" E, a distance of 439.35
feet; thence S 14010'55" E, a distance of 387.51 feet for the Point of Beginning;
thence N 83050'50" E, a distance of505.89 feet; thence S 25006'23" E, a distance of
164.34 feet; thence S 57044'13" E, a distance of283.75 feet to the Southerly line of
said U.S. Lot 2; thence S 87035'58" W, along said Southerly line, a distance of
712.85 feet; thence N 22048'24" W, a distance of198.47 feet; thence N 14010'55" W,
a distance of 95.89 feet to the Point of Beginning.
Together with the right to use a proposed 30 foot easement being described as
follows:
30 foot Easement: The Southerly 30 feet of a portion of U.S. Lots 2 and 3, Section
13; Township 18 South, Range 34 East; lying Westerly of U.S. Highway No. 1 and
being more particularly described as follows:
Beginning at a point, said point being on the Southerly line of said U.S. Lot 3,
StlUGk tIllotl~h passages are deleted.
Underlined passages are added.
2006-0-44
3
Section 13; Township 18 South; Range 34 East; said point being 77.00 feet Westerly
of and measured at right angles to the survey line of State Road No.5; Section 7901;
also known as U.S. Highway No.1; thence S 87035'58" W, along the Southerly line
of said U.S. Lots 2 and 3, a distance of753.06 feet; thence N 57044'13" W, a distance
of52.75 feet; thence N 87035'58" E, along a line that is 30 feet Northerly and parallel
with the Southerly line of said U.S. Lots 2 and 3, a distance of785.19 feet to a point,
said point being 77 feet Westerly of and measured at right angles to the said survey
line of State Road No.5; thence S 22057'44" E, along said line, a distance of 32.04
feet to the Point of Beginning.
Containing 17.63 :!: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Development Services Director 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
circumstance.
Stl uck till ough passages are deleted.
Underlined passages are added.
2006-0-44
4
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTG.
ADOPTION.
After Motion to approve by
and Second by
, the vote on the first reading ofthis ordinance held on December 4,2006
is as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
Stltlck t1uough passages are deleted.
Underlined passages are added.
2006-0-44
5
After Motion to approve by
and Second by
, the vote on the second reading of this ordinance was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 5th day of February, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
StI tIGk till otl~h passages are deleted.
Underlined passages are added.
2006-0-44
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5th day of
February, 2007 under Agenda Item No. 6_.
6
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AGENDA REQUEST
Date: April 3. 2007
PUBLI C
HEARING April 16. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006-0-45
Sid C. Peterson, Jr., requesting annexation of
79.18:1: acres ofland located south of the Taylor
Road and Glencoe Road intersection.
OWNER: Hanson & McCallister, Inc.
APPLICANT/AGENT: Sid C. Peterson, Jr.
REQUESTED ACTION: Annexation
PROPOSED USE: Single and Multi-family residential
LOCATION: South of the Taylor Road and Glencoe Road intersection.
AREA: 79.18:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Rural
ZONING DISTRICT: Volusia County - A-2 (Rural Transitional)
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Land Use FLUM Designation Zonin~ District
North Vacant, Single- Volusia County - Rural Volusia County A-2 (Rural
Family Residential Agriculture), RA (Rural
and Commercial A2:riculture)
East Vacant and Single- Volusia County - Rural and Volusia County A-2 (Rural
Family Residential City Public-Semi - Public with Agriculture) and City P/S- P
Conservation Overlay (Public/Semi - Public)
South Vacant Volusia County - Rural and Vol usia County - A-2 (Rural
Environmental Systems Transitional) , RC (Resource
Corridor Corridor)
West Vacant Volusia County - Rural and Volusia County - A-2 (Rural
Environmental Systems Transitional) , FR (Forestry
Corridor, Low Impact Urban Resource) and RC (Resource
and Forestry Resource Corridor)
AN-060 I - Peterson
Background
This property is located south of Glencoe Road and Taylor Road. The property is contiguous to the
recently annexed Snowden property and City owned property to the south. The property is compact
and contiguous to the existing City limits.
The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council at
their November 8,2006 meeting.
City Council voted 3-1 to approve this request at first reading on December 4,2006.
Land Use Compatibility
The proposed residential use is compatible with the surrounding area of existing and proposed
residential uses.
Adequate Public Facilities
This site has access via an easement to South Glencoe Road. This property has access to a lO-inch
water main and a lO-inch force main for wastewater purposes. Any extension and/or upgrade of
public facilities shall be the responsibility of the developer.
Natural Environment
An Environmental Analysis shall be required and approved by the City prior to anyon-site
development.
Comprehensive Plan Consistency
Policy 1.8.3 of the Comprehensive Plan Future Land Use Map states: "New development proposed within
the County in areas that are contiguous to the City shall be annexed into the City and developed to City
standards as a condition for the extension of public utilities."
Other Matters
A large-scale Comprehensive Plan Future Land Use Map and Zoning Map amendment shall be
presented at a later date.
STAFF RECOMMENDATION
Staffrecommends approving Ordinance No. 2006-0-45; annexing 79.18::1: acres ofland located south of
the Taylor Road and Glencoe Road intersection.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-45.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: 12-4-06
1-22-07
Respectfully Submit ed By:
AGENDA ITEM NO. 7A
7A
~~n~ ^~~O'
Robin Matusick \
Paralegal
Darren Lear
Development Services Director
AN-060 I - Peterson
2
ORDINANCE NO. 2006-0-45
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF THE TAYLOR ROAD AND
GLENCOE ROAD INTERSECTION, VOLUSIA COUNTY,
INTO THE CITY OF EDGEW A TER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER
CORPORA TE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOL USIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Hanson & McCallister, Inc., owner hereby authorizes Sid C. Peterson, Jr., to act as
agent/applicant for annexation of property located South of the Taylor Road and Glencoe Road
intersection, within V olusia County, Florida. Subject property contains approximately 79.68 i: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. During the Planning and Zoning Board meeting on November 8, 2006, the Board
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
5. The City Council is desirous of annexing the real property described herein and finds
$tl nGk t1,lon~l, passages are deleted.
Underlined passages are added.
2006-0-45
and determines the area proposed to be annexed to be reasonably compact and contiguous to the
City.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXA TION 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 Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. The boundaries of Voting District I of the City of Edgewater are hereby designated
to include the property described herein.
4. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
5. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
StlltGk tlllaagh passages are deleted.
Underlined passages are added.
2006-0-45
2
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 Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
Stl t1Gk till ot.gh passages are deleted.
Underlined passages are added.
2006-0-45
3
PART F.
ADOPTION.
After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rhodes,
the vote on the first reading of this ordinance held on December 4,2006, was as follows:
AYE NAY
Mayor Mike Thomas ABSENT
Councilwoman Debra J. Rogers ---X-
Councilman Dennis Vincenzi
x
Councilwoman Harriet B. Rhodes
x
Councilwoman Judy Lichter
x
On January 8, 2007 a motion to approve continuance of second reading until the April 2,
2007 City Council meeting was made by Councilwoman Rhodes and Second by Councilwoman
Lichter, motion carried 5-0.
The April 2, 2007 Council meeting was canceled and rescheduled for April 16, 2007 with
additional legal advertisements placed.
Stmck tluongh passages are deleted.
Underlined passages are added.
2006-0-45
4
After Motion to approve by
and Second by
, the vote on the second reading/public hearing of this ordinance held on
April 16,2007, was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 16th day of April, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Stmck till Otlgl. passages are deleted.
Underlined passages are added.
2006-0-45
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of April, 2007 under Agenda Item No.7 _'
5
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
u. S. Lot 1, and a portion ofU. S. Lot 2 and U. S. Lot 7, Section 6, Township 18 South, Range 34
East, Volusia County, Florida being described as follows:
For a Point of Beginning, commence at the northeast comer of said Section 6, said point being
marked by a 4" x 4" concrete monument with "St. Regis" etched on the side; thence South 00021'00"
W est, along the east line of said Section 6, a distance of 4167.45 feet to the southeast comer of said
U. S. Lot 7; thence South 88053'49" West, along the south line of said U. S. Lot 7, a distance of
50.01 feet; thence North 18034'33" West, a distance of2280.61 feet to a 4" x 4" concrete monument
with an iron rod; thence North 53037'44" West, a distance of 727.93 feet; thence North 73008'10"
East, a distance of 47.17 feet; thence North 61018'40" East, a distance of 1 000.00 feet; thence North
28041'20" West, a distance of500.00 feet; thence South 61018'40" West, a distance of 1 000.00 feet;
thence South 28041'20" East, a distance of 448. 92 feet; thence South 73008' 1 0" West, a distance of
73.33 feet; thence North 28047'43" West, a distance of574.76 feet to a 4" x 4" concrete monument
with an iron rod; thence North 00049'43" East, a distance of 1002.14 feet to the north line of said
Section 6; thence North 88055'28" East, along said north line of Section 6, a distance of 1700.30 feet
to the Point of Beginning.
and
The West 50 feet ofthe East 300 feet ofSW 1/4 of the SW 1/4 of Section 36, Township 17 South,
Range 33 East, lying South of the existing County Road (exact South R/W to be established by
V olusia County Engineering Department by construction of paved road).
Containing 79.68 :t acres more or less.
Stf t1Gk till otlgh passages are deleted.
Underlined passages are added.
2006-0-45
6
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n.
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~i
bunch of cities that are looking at Edgewater and wishing
they were Edgewater. He commented on Edgewater doing
something about growth. He feels we live in a safe
community. He grew up in Orlando before 1-4 and Disney and
it was a nice safe place. Now every time you turn on the
TV in the morning they are murdering one a day over there.
They are going to surpass his deer kill this year on
people. Not counting the rapes and all of the other stuff.
He likes the charming, .little Edgewater community.
Mayor Thomas then. commented on the animal shelter. The
voters voted on that too in 2002. They said $500,000 is
going to go to that. He is going to get something done
about that. He is going to be pushing. He stated City
Manager Williams has come up with a creative, innovative
plan that he feels will work. He commented on other cities
asking him how it is working. They are looking at us. We
are going to be the innovative, creative community and they
are going to follow our lead. He can't believe five years
later and that thing isn't built. They are going to do
that.
There was a fifteen-minute recess at this time. The
meeting recessed at 8:12 p.m. and reconvened at 8:27 p.m.
6. CONSENT AGENDA
There was nothing to be discussed on the Consent Agenda at
this time.
7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2006-0-45, Sid Peterson
requesting annexation of 79.18~ acres of land
located south of the Taylor Road and Glencoe Road
intersection
City Attorney Ansay read Ord. 2006-0-45 into the record.
Mayor Thomas entertained a motion to continue this item.
City Manager Williams informed him they needed the motion
to include the date of April 2nd.
Councilwoman Rhodes moved to continue Ord. 2006-0-45 until
April 2nd, second by Councilwoman Lichter.
Page 19 of 46
Council Regular Meeting
January 8, 2007
Mayor Thomas asked why they had to postpone it that far.
City Manager Williams informed him to coincide with the
Comprehensive Plan Amendment. By specifying the date, they
sqve money in re-advertising costs and that is what the
applicant has requested.
The MOTION CARRIED 5 - 0 .
B. 2nd Reading, Ord. No. 2006-0-46, Glenn Storch
requesting annexation of 20.28~ acres of land
located south of Two Oaks Drive and north of 27th
Street
City Attorney Ansay read Ord. 2006-0-46 into the record.
Mayor Thomas entertained a motion.
Councilwoman Lichter moved to continue Ord. 2006-0-46 until
April 2nd, second by Councilwoman Rhodes.
The MOTION CARRIED 5 - 0 .
C. Res. No. 2007-R-Ol, acknowledging property
owners' . rights to construct buildings in excess
of 35-feet pursuant to vested Planned Unit
Development (PUD) Agreements
City Attorney Ansay read Res. 2007-R-Ol into the record.
City Manager Williams made a staff presentation.
Mayor Thomas explained there are some developers that
purchased property prior to the November 7th election in the
ParkTowne Industrial Center. When they purchased it and
signed the PUD agreement, that gave them their vested
rights. The consensus of Council was that they felt those
vested rights should be taken into consideration.
Councilwoman Rogers was in agreement with what the property
owners rights are. They have those rights.
Councilman Vincenzi stated that sounds reasonable to him.
He questioned if this was just PUD's that were signed and
agreed on or if it also included the Industrial Park. City
Manager Williams informed him this included the Industrial
Park. He then commented on the exhibit that seeks to
Page 20 of 46
Council Regular Meeting
January 8, 2007
1-
STORCH , MORRIS S HARRIS, L. L.C.
ATTORNEYS AND COUNSELORS AT LAW
INCLUDING PROFESSIONAL ASSOCIATIONS
OF COUNSEL
AL FORD
420 SOUTH NOVA ROAD
DAYTONA BEACH, FLORIDA 32114-4514
(386) 238-8383 TELEPHONE
(386) 238-0988 FACSIMILE
glennstorch@storchmorrisharris.com
jarnesmorris@storchmorrisharris.com
tyharris@storchmorrisharris.com
GLENN D. STORCH, P.A.
JAMES S. MORRIS, P.A.
TY HARRIS, P.A.
January 5, 2007
01-08-07 P04:03-MI
VIA F ACSIMILIE 386-424-2409 and REGULAR U.S. MAIL
Mayor Michael L. Thomas
City of Edgewater
Post Office Box 100
Edgewater, Florida 32132-0100
Re: AN-0601 Sid Peterson Annexation Request
Dear Mayor Thomas:
Due to a scheduling conflict, please accept this letter as a formal request to postpone the City
Council Public Hearing scheduled for January 8, 2007, in the name of my client Sid Peterson, 2nd
Reading Ord No. 2006-0-45, to the earliest date that will allow for Comprehensive Plan Amendment
and the proposed rezoning. I would appreciate it ifthe City Planning Staff will provide confirmation
of this postponement and rescheduling of same at their earliest convenience.
Please let me know if you need anything else. Thank you for your courtesies.
Kin,gest-f{~~ards,
/'
ODS/cat
cc: Sid Peterson, Esquire
2058-1
AGENDA REQUEST
Date: December 22. 2006
PUBLIC
HEARING Januarv 8.2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006-0-45
Sid C. Peterson, Jr., requesting annexation of
79.68:i: acres of land located south of the Taylor
Road and Glencoe Road intersection.
OWNER: Hanson & McCallister, Inc.
APPLICANT/AGENT: Sid C. Peterson, Jr.
REQUESTED ACTION: Annexation
PROPOSED USE: Single and Multi-family residential
LOCATION: South of the Taylor Road and Glencoe Road intersection.
AREA: 79.68:i: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Rural
ZONING DISTRICT: Volusia County - A-2 (Rural Transitional)
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant, Single- Vol usia County - Rural Volusia County A-2 (Rural
Family Residential Agriculture), RA (Rural
and Commercial Agriculture)
East Vacant and Single- Volusia County - Rural and Volusia County A-2 (Rural
Family Residential City Public-Semi. Public with Agriculture) and City P/S- P
Conservation Overlay (Public/Semi- Public)
South Vacant Volusia County - Rural and Volusia County - A-2 (Rural
Environmental Systems Transitional) , RC (Resource
Corridor Corridor)
West Vacant Volusia County - Rural and Volusia County - A-2 (Rural
Environmental Systems Transitional) , FR (Forestry
Corridor, Low Impact Urban Resource) and RC (Resource
and Forestry Resource Corridor)
AN-060 1 - Peterson
Background
This property is located south of Glencoe Road and Taylor Road. The property is contiguous to the
recently annexed Snowden property and City owned property to the south. The property is compact
and contiguous to the existing City limits.
The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council at
their November 8, 2006 meeting.
City Council approved the annexation request on December 4, 2006.
Land Use Compatibility
The proposed residential use is compatible with the surrounding area of existing and proposed
residential uses.
Adequate Public Facilities
This site has access via an easement to South Glencoe Road. This property has access to a lO-inch
water main and a lO-inch force main for wastewater purposes. Any extension and/or upgrade of
public facilities shall be the responsibility of the developer.
Natural Environment
An Environmental Analysis shall be required and approved by the City prior to anyon-site
development.
Comprehensive Plan Consistency
Policy 1.8.3 of the Comprehensive Plan Future Land Use Map states: "New development proposed within
the County in areas that are contiguous to the City shall be annexed into the City and developed to City
standards as a condition for the extension of public utilities."
Other Matters
A large-scale Comprehensive Plan Future Land Use Map and Zoning Map amendment shall be
presented at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-45; annexing 79.68:!: acres of land located south of
the Taylor Road and Glencoe Road intersection.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-45.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
12-4-06
AGENDA ITEM NO. 7A
Darren Lear
Development Services Director
Robin Matusick
Paralegal
~~J-
AN-060 1 - Peterson
2
ORDINANCE NO. 2006-0-45
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF THE T AYLOR ROAD AND
GLENCOE ROAD INTERSECTION, VOLUSIA COUNTY,
INTO THE CITY OF EDGEW A TER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOL USIA
COUNTY, THE VOL USIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF ST ATE; 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. Hanson & McCallister, Inc., owner hereby authorizes Sid C. Peterson, Jr., to act as
agent/applicant for annexation of property located South of the Taylor Road and Glencoe Road
intersection, within V olusia County, Florida. Subject property contains approximately 79.68:!: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. During the Planning and Zoning Board meeting on November 8, 2006, the Board
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
5. The City Council is desirous of annexing the real property described herein and finds
StI I1Gk t1uCil1gh passages are deleted.
Underlined passages are added.
2006-0-45
1
and determines the area proposed to be annexed to be reasonably compact and contiguous to the
City.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, 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 Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. The boundaries of Voting District 1 of the City of Edgewater are hereby designated
to include the property described herein.
4. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
5. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
Stl tlck till otl~l, passages are deleted.
Underlined passages are added.
2006-0-45
2
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 Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
Stl tKk t1l1otJ~h passages are deleted.
Underlined passages are added.
2006-0-45
3
PART F.
ADOPTION.
After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rhodes,
the vote on the first reading of this ordinance held on December 4,2006, was as follows:
AYE NAY
Mayor Mike Thomas ABSENT
Councilwoman Debra J. Rogers --2L
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
After Motion to approve by and Second by
, the vote on the second reading/public hearing of this ordinance held on
January 8, 2007, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
StI t1Gk till otl~h passages are deleted.
Underlined passages are added.
2006-0-45
4
PASSED AND DULY ADOPTED this 8th day of January, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Stltlck t1uol1gh passages are deleted.
Underlined passages are added.
2006-0-45
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 8th day of
January, 2007 under Agenda Item No. 7_.
5
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
U. S. Lot 1, and a portion ofU. S. Lot 2 and U. S. Lot 7, Section 6, Township 18 South, Range 34
East, V olusia County, Florida being described as follows:
For a Point of Beginning, commence at the northeast corner of said Section 6, said point being
marked by a 4" x 4" concrete monument with "St. Regis" etched on the side; thence South 00021'00"
West, along the east line of said Section 6, a distance of 4167.45 feet to the southeast corner of said
U. S. Lot 7; thence South 88053'49" West, along the south line of said U. S. Lot 7, a distance of
50.01 feet; thence North 18034'33" West, a distance of2280.61 feet to a 4" x 4" concrete monument
with an iron rod; thence North 53037'44" West, a distance of727.93 feet; thence North 73008'10"
East, a distance of 4 7 .17 feet; thence North 61018'40" East, a distance of 1 000.00 feet; thence North
28041'20" West, a distance of500.00 feet; thence South 61018'40" West, a distance of 1000.00 feet;
thence South 28041'20" East, a distance of 448.92 feet; thence South 73008'10" West, a distance of
73.33 feet; thence North 28047'43" West, a distance of574.76 feet to a 4" x 4" concrete monument
with an iron rod; thence North 00049'43" East, a distance of 1 002.14 feet to the north line of said
Section 6; thence North 88055'28" East, along said north line of Section 6, a distance of 1700.30 feet
to the Point of Beginning.
and
The West 50 feet of the East 300 feet ofSW 1/4 of the SW 1/4 of Section 36, Township 17 South,
Range 33 East, lying South of the existing County Road (exact South R/W to be established by
V olusia County Engineering Department by construction of paved road).
Containing 79.68 :t acres more or less.
StltlGk tluotlgh passages are deleted.
Underlined passages are added.
2006-0-45
6
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something. However something else could happen Wednesday.
Eleven cities could vote to disband WAV totally, which will
mean there will be a void of no organization to represent
the cities that want to participate. It is an important
date and she will be voting for the language. She will not
vote against disbanding totally, even if it just becomes
for now a planning organization. It looks to her that
Volusia County isn't quite ready to understand what
cooperation and give and take and the things that are going
to happen ten years from now and that is a sad statement.
Vice Mayor Vincenzi wished everyone a Happy Holiday.
6. CONSENT AGENDA
A. Law Enforcement Trust Funds - staff requesting
approval to use the "Trust Funds" in the amount
of $3,426.60 for storage and disposal fees
incurred from the confiscation of illegal video
slot machines found within the City of Edgewater
Councilwoman Rhodes moved to approve the Consent Agenda,
second by Councilwoman Lichter.
The MOTION CARRIED 4 - 0 .
7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 1st Reading, Ord. No. 2006-0-45, Sid Peterson
requesting annexation of 79.18~ acres of land
located south of the Taylor Road and Glencoe Road
intersection
Assistant City Attorney Palmer read Ord. 2006-0-45 into the
record.
Development Services Director Darren Lear made a staff
presentation.
City Manager Williams stated in the absence of the Mayor he
would like for him to let the record reflect his support
for this project.
Sid Peterson, applicant, authorized representative for the
land owner, David McAllister, stated they have worked very
closely with staff in trying to put together a land use
they believe fully complies with the new Land Development
Page 10 of 53
Council Regular Meeting
December 4, 2006
'J.-
Regulations. Right now this becomes an enclave inside the
City. He assumed it would be in everyone's best interest
that this be taken into the Edgewater community and he
hoped they agreed with them that they have a good plan to
come into the City with. He was available to answer any
questions.
Councilwoman Lichter asked Mr. Peterson what would be
allowed in the County right now compared to what they are
anticipate putting in. Mr. Peterson stated right now that
is agriculturally zoned A-3. The most you could get in
there right now would be 18 units.
Councilwoman Rhodes asked Mr. Peterson why they want to
come into the City. Mr. Peterson informed her it was
always planned to come into the City because right now the
City has a sixty-foot easement that was granted to them by
Mr. McAllister some years ago to extend their services.
The only thing they would be asking for in the site plan is
they would like to tweek that sixty-foot right-of-way
towards the southern end of the property. The sixty-foot
easement is in existence now and the City of Edgewater has
a right to use it. It has been in the long-range plan.
Councilwoman Rhodes stated she hears all the time that
people come into the City because the County won't let them
do what they want with their land. She asked County
Councilman Jack HaYman, who was present at the meeting, if
the County would be likely to rezone this so he could have
the same amount, the same density, he is going to try to
get coming into the City.
County Councilman HaYman stated the County would look at
the Comprehensive Plan of the City as well as the County.
It is presently zoned agriculture. If they look back a few
years, the whole area was zoned agriculture or forestry
because that is what it was all about in those days. Even
back then there was always an agreement of sorts during his
tenure as Mayor of this City. Mr. McAllister who was the
owner of the property was attempting to work out an
annexation agreement with the City to bring in and partners
with others a golf course community in that whole area. It
didn't come to fruition for a lot of reasons.
County Councilman HaYman stated the County is in a quandary
because this is an enclave. They don't want enclaves and
the City doesn't want enclaves and it isn't fair to the
Page 11 0[53
Council Regular Meeting
December 4, 2006
property owners who have that property to try to develop an
enclave because it took fire services and public safety
matters it's not fair. On Thursday's agenda for the County
Council, they are going to be looking at a piece of
property that is located south of SR 442 in the
unincorporated area, not far from the Florida Shores Truck
Center. He mentioned Cow Creek and Eel Road being
maintained by the County. Eel Road is an unpaved County
maintained road and he wants to create a commercial
business district. They are probably going to say no. At
least he is because it doesn't make sense.
County Councilman Hayman stated the other interesting thing
about this to help illustrate the problem that the
McAllister property has, it makes sense what they are
doing. If you look at one of the reasons the County staff
is recommending no, you get the services. The County and
Edgewater are saying Edgewater is going to provide fire
services. He spoke of the County doing the law enforcement
part of it and the response time for a County Officer to
arrive being 19.3 minutes. He spoke of these being some of
the things you deal with with enclaves.
County Councilman Hayman felt what they see here is a
reasonable thing and the best thing from a safety
standpoint. In focusing on concurrency, this property is
situated right next to one of the City's main utility
facilities and this property is situated strategically
along a corridor which is going to be developed and is
under consideration for an additional north/south parallel
artery to 1-95 and U.S. #1. He feels this is a given for
Edgewater and feels they should support it entirely.
Councilwoman Rhodes stated the specific reason she had for
asking the question was that land could stay in the County
and probably impact our City every bit as much as it is
going to but the City would get no tax revenue. So often,
she hears people say why do you annex land. We annexed a
majority of Hammock Creek. New Smyrna annexed a portion of
it and if they hadn't done it, New Smyrna probably would
have annexed the whole thing. They would have gotten the
tax revenue from it but the impact on this City would still
be the same.
County Councilman Hayman stated there is an agreement
between New Smyrna and Edgewater that goes back to when
Page 12 of 53
Council Regular Meeting
December 4,2006
Turnbull settled here, he thought on the southern
extremities of the boundary between the two cities.
There are different pressures when political initiatives
take place that change some of these agreements. If you
look at the note, the Indian River Boulevard and I-95
intersection, they need to look at that in their strategic
plan. He spoke of when they worked on getting SR 442
expanded and going further west to develop the intersection
as a wonderful business, commercial and residential note.
He feels this is what it should be. He felt this was the
right thing to do and he wholeheartedly endorsed what they
were trying to do.
Councilwoman Lichter commented on learning everything she
knows about Edgewater politics from County Councilman
HaYman and she respects him more than anyone. She also
mentioned County Councilman HaYman being Chairman of the
WAV group. He has spoken as an individual and that is how
she has to look at that. He can't speak for the County
Council and she feels he made that point clear. When
Planning & Zoning member get up to speak they ask them to
speak as individuals and say they aren't speaking from the
Planning & Zoning standpoint.
Due to there being no comments, Vice Mayor Vincenzi opened
and closed the public hearing.
Councilwoman Rogers expressed concern for the north/south
road. They don't have the transportation study complete.
They don't have anything on the drawing board. They have
development after development that has already been
approved in this City. The developments haven't even
begun. They haven't even seen the traffic and here they
are looking at something else that is going to bring in a
multitude of vehicles. We don't have the roads in place.
When you drive through parts of Georgia, you will come
across large massive amounts of vacant roads. They do it
the right way. They do the roads, then they do the
development. We are backwards. We do the development,
then we do the roads and then the people have to suffer.
Then the people that live here have to pay the taxes. She
isn't against annexing this property but she is against
doing it at this time. They need to get the roads in
place. If these people want to get this property annexed,
they need to help them get the roads in place. She
commented on u.S. #1 being a mess and it is going to get
worse. She mentioned Hammock Creek being on the board and
Page 13 of 53
Council Regular Meeting
December 4, 2006
Reflections, which has already been approved. They have
Edgewater Harbor, Worthington, Julington. We have a ton of
subdivisions that she has asked the City Manager's staff to
give them an update listing of the developments that have
been approved in this City and the status of those
developments. They don't have it yet. She knows they are
working on it. Councilwoman Rhodes confirmed they had the
information.
Councilwoman Rogers stated in talking about this, they have
a lot already on their plate and they have to look at what
they have now. They can't blindly keep approving and
approving. The people that live here now have to drive
these roads and they are making it worse for them. Annex
later, not now. We have too many problems with our
transportation.
Councilwoman Lichter stated people that buy property have
an investment. They want to come into our City for good
reason. These are reliable people. She felt the idea of
roads gets taken care of through the permitting process.
She sees nothing wrong with their getting going with the
project. Agriculture people are selling their land.
Agriculture use isn't what it was. She feels if the owners
of land can make the money they should from their property,
they have a right to do so. She thinks these things take
care of themselves in time and they have complied with
everything they should. She spoke of areas within the City
that are in the County. She has always said they should
square their sets and not have County within the City. She
sees nothing wrong with the annexation part.
Councilwoman Rogers moved to deny at this time the
annexation of the first reading of the Ordinance 2006-0-45.
The motion DIED due to the lack of a second.
Councilwoman Lichter moved to approve Ord. 2006-0-45, Sid
Peterson requesting annexation of 79.18+ acres of land
located south of the Taylor Road and Glencoe Road
intersection on first reading, second by Councilwoman
Rhodes.
The MOTION CARRIED 3-1. Councilwoman Roqers voted NO.
Page 14 of 53
Council Regular Meeting
December 4,2006
AGENDA REQUEST
Date: November 15. 2006
PUBLIC
HEARING December 4. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2006-0-45
Sid C. Peterson, Jr., requesting annexation of
79.18:l: acres ofland located south of the Taylor
Road and Glencoe Road intersection.
OWNER: Hanson & McCallister, Inc.
APPLICANT/AGENT: Sid C. Peterson, Jr.
REQUESTED ACTION: Annexation
PROPOSED USE: Single and Multi-family residential
LOCATION: South of the Taylor Road and Glencoe Road intersection.
AREA: 79.18:l: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Rural
ZONING DISTRICT: Volusia County - A-2 (Rural Transitional)
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant, Single- Volusia County - Rural Volusia County A-2 (Rural
Family Residential Agriculture), RA (Rural
and Commercial Agriculture)
East Vacant and Single- Volusia County - Rural and Volusia County A-2 (Rural
Family Residential City Public-Semi-Public with Agriculture) and City PIS- P
Conservation Overlav (Public/Semi - Public)
South Vacant Volusia County - Rural and Volusia County - A-2 (Rural
Environmental Systems Transi tional) , RC (Resource
Corridor Corridor)
West Vacant Volusia County - Rural and Volusia County - A-2 (Rural
Environmental Systems Transitional) , FR (Forestry
Corridor, Low Impact Urban Resource) and RC (Resource
and Forestry Resource Corridor)
AN-060 I - Peterson
Background
This property is located south of Glencoe Road and Taylor Road. The property is contiguous to the
recently annexed Snowden property and City owned property to the south. The property is compact
and contiguous to the existing City limits.
The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council at
their November 8, 2006 meeting.
Land Use Compatibility
The proposed residential use is compatible with the surrounding area of existing and proposed
residential uses.
Adequate Public Facilities
This site has access via an easement to South Glencoe Road. This property has access to a lO-inch
water main and a lO-inch force main for wastewater purposes. Any extension and/or upgrade of
public facilities shall be the responsibility of the developer.
Natural Environment
An Environmental Analysis shall be required and approved by the City prior to anyon-site
development.
Comprehensive Plan Consistency
Policy 1.8.3 of the Comprehensive Plan Future Land Use Map states: "New development proposed within
the County in areas that are contiguous to the City shall be annexed into the City and developed to City
standards as a condition for the extension of public utilities."
Other Matters
A large-scale Comprehensive Plan Future Land Use Map and Zoning Map amendment shall be
presented at a later date.
STAFF RECOMMENDATION
Staffrecommends approving Ordinance No. 2006-0-45; annexing 79.18::1:: acres ofland located south of
the Taylor Road and Glencoe Road intersection.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-45.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
By:
~~~<.-
Robin Matusick
Paralegal
~"^-.)~~~ \...\\f~
J n Williams
Ci y Manager
AN-060 1 - Peterson
2
ORDINANCE NO. 2006-0-45
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF THE TAYLOR ROAD AND
GLENCOE ROAD INTERSECTION, VOL USIA COUNTY,
INTO THE CITY OF EDGEW A TER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOL USIA 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. Hanson & McCallister, Inc., owner hereby authorizes Sid C. Peterson, Jr., to act as
agent/applicant for annexation of property located South of the Taylor Road and Glencoe Road
intersection, within V olusia County, Florida. Subject property contains approximately 79.18 :!: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 1 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on November 8, 2006, the Board
Stl t1c,k till otl~h passages are deleted.
Underlined passages are added.
2006-0-45
1
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, 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 Edge water 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 Edge water, 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
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
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.
Stltlck t1llongh passages are deleted.
Underlined passages are added.
2006-0-45
2
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 Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion to approve by
and Second by
, the vote on the first reading of this ordinance held on December
4, 2006, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra 1. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
StItlck t1I1Ot1g,h passages are deleted.
Underlined passages are added.
2006-0-45
3
After Motion to approve by
and Second by
, the vote on the second reading/public hearing of this ordinance held on
January 8, 2007, was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 8th day of January, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stl tlck t1110tl~h passages are deleted.
Underlined passages are added.
2006-0-45
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 8th day of
January, 2007 under Agenda Item No. 6_.
4
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
u. S. Lot I, and a portion ofU. S. Lot 2 and U. S. Lot 7, Section 6, Township 18 South, Range 34
East, V olusia County, Florida being described as follows:
For a Point of Beginning, commence at the northeast corner of said Section 6, said point being
marked by a 4" x 4" concrete monument with "St. Regis" etched on the side; thence South 00021'00"
West, along the east line of said Section 6, a distance of 4167.45 feet to the southeast corner of said
U. S. Lot 7; thence South 88053'49" West, along the south line of said U. S. Lot 7, a distance of
50.01 feet; thence North 18034'33" West, a distance of2280.61 feet to a 4" x 4" concrete monument
with an iron rod; thence North 53037'44" West, a distance of 727.93 feet; thence North 73008'10"
East, a distance of 4 7 .17 feet; thence North 61018'40" East, a distance of 1 000.00 feet; thence North
28041'20" West, a distance of 500.00 feet; thence South 610 18'40" West, a distance of 1000.00 feet;
thence South 28041'20" East, a distance of 448.92 feet; thence South 73008'10" West, a distance of
73.33 feet; thence North 28047'43" West, a distance of574.76 feet to a 4" x 4" concrete monument
with an iron rod; thence North 00049'43" East, a distance of 1002.14 feet to the north line of said
Section 6; thence North 88055'28" East, along said north line of Section 6, a distance of 1700.30 feet
to the Point of Beginning.
Containing 79.18 :!: acres more or less.
Struck t1uough passages are deleted.
Underlined passages are added.
2006-0-45
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AGENDA REQUEST
Date: April 3. 2007
PUBLIC
HEARING April 16. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1st Reading. Ordinance No. 2007-0.05
Sid C. Peterson, Jr., requesting an amendment
to the Comprehensive Plan Future Land Use
Map to include property as Low Density
Residential with Conservation Overlay.
OWNER: Hanson & McCallister, Inc.
APPLICANT/AGENT: Sid C. Peterson, Jr.
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include
property as Low Density Residential with Conservation Overlay.
PROPOSED USE: Single and Multi-family residential
LOCATION: South of the Taylor Road and Glencoe Road intersection.
AREA: 79.18:l:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Rural
ZONING DISTRICT: Volusia County - A-2 (Rural Transitional)
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Land Use FLUM Desie:nation Zonin~ District
North Vacant, Single- Volusia County. Rural Volusia County A-2 (Rural
Family Residential Agriculture), RA (Rural
and Commercial Al!:riculture)
East Vacant and Single- Volusia County. Rural and Volusia County A-2 (Rural
Family Residential City Public. Semi-Public with Agriculture) and City P/S- P
Conservation Overlay (Public/Semi - Public)
South Vacant Volusia County - Rural and Volusia County - A-2 (Rural
Environmental Systems Transitional), RC (Resource
Corridor Corridor)
West Vacant Volusia County - Rural and V olusia County - A-2 (Rural
Environmental Systems Transitional), FR (Forestry
Corridor, Low Impact Urban Resource) and RC (Resource
and Forestry Resource Corridor)
CPA-0601 - Peterson
Background
This property is located south of Glencoe Road and Taylor Road. The property is contiguous to the
recently annexed Snowden property and City owned property to the south. The property is compact
and contiguous to the existing City limits.
At their regular meeting of November 8, 2006 the Planning and Zoning Board voted to send a
favorable recommendation to City Council for this request with the condition, based on staffs
recommendation that the property be designated as Low Density Residential with Conservation
Overlay in lieu of the requested Medium Density Residential.
Land Use Compatibility
The proposed residential use is compatible with the surrounding area of existing and proposed
residential uses.
Adequate Public Facilities
This site has access via an easement to South Glencoe Road. This property has access to a lO-inch
water main and a lO-inch force main for wastewater purposes. Any extension and/or upgrade of
public facilities shall be the responsibility of the developer.
Natural Environment
An Environmental Analysis shall be required and approved by the City prior to anyon-site
development.
Comprehensive Plan Consistency
Volusia County Rural - Rural (R) - Areas which are a mixture of agriculture and low density residential
development. The density shall be determined as follows. Vacant parcels or tracts of land in the vicinity
to existing subdivisions (exempt or approved under Volusia County Ordinance 72-2 or 83-3, as amended,
at the time of the effective date of this Comprehensive Plan) with lot sizes from 1 unit per acre to 1 unit
per 5 acres or is immediately adjacent to an urban category to allow for a transition between the urban
uses and large lot development (greater than 5 acre lot sizes) may be developed with similar lot sizes but
not less than one acre. Only that portion of a parcel(s) that is within 660 feet from the above described
existing exempt or approved subdivision or urban category boundary is considered "in the vicinity." Note:
If a parcel that is "in the vicinity" is covered by more than 50% of the 660 feet extension, then the
remaining portion of that parcel which is 10 acres
or less is eligible for increased density.
Although the adjacency to the conditions described above allows for the potential of subdivisions with
lots less than 5 acres in size, the actual lot size will be dependent upon the following:
Compatibility of the proposed development will be viewed within the context of existing uses,
public facility capacity in the area, suitability for wells and septic tank usage, and the natural
features of the parcel in question, such as soils, vegetation, and floodplain.
Vacant parcels or tracts of land that do not meet the preceding criteria or are in areas which have not
been previously platted with lots less than 5 acres in size shall only be developed with lot sizes that are 5
acres or greater.
Rural areas provide two functions, the first being a transitional use between the agricultural and urban
uses and the second would be a rural community which serves as the economic focal point of a small
region. Rural areas should be developed in a manner consistent with the retention of agriculture and the
protection of environmentally sensitive areas. Strict limitation of development in rural areas contributes
to the efficient growth and operation of public services and facilities, thus ensuring the most effective use
of public resources. The natural features and constraints will be the primary determinants in deciding
whether or not an area is suitable for rural type development.
There are three subcategories of the rural designation that address past development decisions. These
subcategories are Rural Community, Rural Recreational, and Rural Village. They are identified on the
CPA-0601 - Peterson
2
Special Rural Areas Map Series. These areas of intense or potentially intense development provide the
mixed use concept to the rural areas. They help limit urban sprawl by providing services not necessarily
found in remote rural areas thus reducing the number of trips out of these rural areas. Also allowing
some limited urban type of development may help promote economic growth in the rural areas as well.
Citv of Edgewater Low Densitv Residential - (1.1 to 4 units per acre) This residential category is
typically a suburban area dominated by detached single-family homes on quarter-acre lots. This is the
predominant land use within the City.
Citv of Edgewater Conservation Overlav - The Conservation Overlay area shown on the Future Land
Use Map (FLUM) is intended to protect areas that may potentially contain protected wildlife habitat
areas, hydric soils/wetlands, mangrove swamps, estuarine marsh ecotone, freshwater marshes, special
vegetative communities. Included within the Conservation Overlay definition are areas within a public
water well radius of 500 feet, within the 100-year floodplain, and other areas subject to environmental or
topographic constraints. The area designated as Conservation Overlay on the FLUM is not intended to
prevent development, but rather identify sensitive areas that need to be reviewed carefully during the
review process to determine whether development should be permitted or if some form of mitigation may
be necessary. If the areas are determined not to be sensitive, than the underlying land use development
density and/or intensity will be applicable.
Other Matters
This amendment shall be transmitted to the Department of Comm unity Mfairs (DCA), and all required
State and Local agencies for review and approval. Adoption of the proposed amendment shall occur after
certification from the Volusia Growth Management Commission and approval from DCA.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2007-0-05; amending the Comprehensive Plan Future Land
Use Map to include 79.18 acres ofland located south of the Taylor Road and Glencoe Road intersection
as Low Density Residential with Conservation Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2007-0-05.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~~ ~/:'.Jrx...,
Robin Matusick
Paralegal
'^'f
CP A-060 I - Peterson
3
ORDINANCE NO. 2007-0-05
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY COMPRISING 79.18.:!: ACRES
LOCA TED SOUTH THE TAYLOR ROAD AND GLENCOE
ROAD INTERSECTION, EDGEW A TER, FLORIDA AS LOW
DENSITY RESIDENTIAL WITH CONSERVATION
OVERLAY; PROVIDING FOR PUBLICATION, HOLDING
PUBLIC HEARINGS, TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORT A TION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY THAT HAS REQUESTED A
COPY OF THE PLAN AMENDMENT; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
WHEREAS, a Public Hearing on the question of designating a future land use classification
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
and Rule 91-11, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
#2007-0-05
StItlck t1uough passages are deleted.
Underlined passages are added.
held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2005),
on Wednesday, November 8, 2006, on the proposed Plan Amendment and following that Public
Hearing voted and recommended that the City Council approve the aforesaid Amendment to the
City's 2003 Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT.
Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended
and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, and
regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be
amended by this plan map amendment to: Amend the Official Future Land Use Map to include
property as Low Density Residential with Conservation Overlay for property described in Exhibits
"A" and "B".
PART B.
PUBLICATION.
Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in
the manner prescribed by 163.3184 ( 15) (c), Fla. Stat. (2005). The City Council shall hold at least
TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment. The first
publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal
Hearing). 163.3184 ( 15) (b) 1., Fla. Stat. (2005). The second publication shall appear at least FIVE
(5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2., Fla. Stat.
#2007-0-05
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Underlined passages are added.
2
(2005). The required advertisement shall be no less than two columns wide by TEN inches (10")
long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall be no
smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2005). The advertisement shall
substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2007-0-05
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY COMPRISING 79.18:!: ACRES
LOCATED SOUTH OF THE TAYLOR ROAD AND GLENCOE
ROAD INTERSECTION, EDGEW A TER, FLORIDA AS LOW
DENSITY RESIDENTIAL WITH CONSERV A TION
OVERLAY; PROVIDING FOR PUBLICATION, HOLDING
PUBLIC HEARINGS, TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THEVOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORT A TION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY THAT HAS REQUESTED A
COpy OF THE PLAN AMENDMENT; PROVIDING FOR
#2007-0-05
Stlnck tluougl. passages are deleted.
Underlined passages are added.
3
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will
be held on April 16, 2007 at 7:00 p.m. at the Community Center, 102 N. Riverside Drive,
Edgewater, Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit "B")
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (IS) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2005).
PART C.
PUBLIC HEARINGS.
As a condition precedent to the adoption of this ordinance amending the City's 2003
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 (IS) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2005). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D.
TRANSMITT AL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team, and all other items specified to be
#2007-0-05
StI tick tl.IOtIgh passages are deleted.
Underlined passages are added.
4
/
transmitted in accordance with Rule 9J-ll.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the V olusia Growth Management Commission, V olusia County, Regional Planning Council, the
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit of local government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2005) and Rule 9J-l1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
Volusia Growth Management Commission, Volusia County, Regional Planning Council, the S1.
Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2005) &
Rule 9J-l1.011 (3), F.A.C.
PART E.
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 F.
EFFECTIVE DATE.
This ordinance shall become effective upon its final adoption; and either the Department of
Community Affairs entering a final order finding this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance and certification of consistency
#2007-0-05
StInck tluotlgh passages are deleted.
Underlined passages are added.
5
from the V olusia Growth Management Commission.
PARTG.
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, property, or
circumstance.
PART H. ADOPTION.
After Motion to approve by
and Second by
the vote on the first reading of this ordinance held on April 16, 2007 is as follows:
AYE NAY
Mayor Mike Thomas
Councilman Debra 1. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
#2007-0-05
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Underlined passages are added.
6
During the July 16, 2007 Council meeting a Motion to approve was made by
with Second by
, the vote on the second reading
of this ordinance is as follows:
A YE NAY
Mayor Mike Thomas
Councilman Debra 1. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 16th day of July, 2007.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of July, 2007 under Agenda Item No. 7
#2007-0-05
Stl t1c,k t\lI otlgh passages are deleted.
Underlined passages are added.
7
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
U. S. Lot 1, and a portion ofU. S. Lot 2 and U. S. Lot 7, Section 6, Township 18 South, Range 34
East, Volusia County, Florida being described as follows:
For a Point of Beginning, commence at the northeast comer of said Section 6, said point being
marked by a 4" x 4" concrete monument with "St. Regis" etched on the side; thence South 00021'00"
West, along the east line of said Section 6, a distance of 4167.45 feet to the southeast comer of said
U. S. Lot 7; thence South 88053'49" West, along the south line of said U. S. Lot 7, a distance of
50.01 feet; thence North 18034'33" West, a distance of2280.61 feet to a 4" x 4" concrete monument
with an iron rod; thence North 53037'44" West, a distance of 727.93 feet; thence North 73008'10"
East, a distance of 47.17 feet; thence North 61018'40" East, a distance of 1 000.00 feet; thence North
28041'20" West, a distance of500.00 feet; thence South 61018'40" West, a distance of 1000.00 feet;
thence South 28041'20" East, a distance of 448. 92 feet; thence South 73008'1 0" West, a distance of
73.33 feet; thence North 28047'43" West, a distance of574.76 feet to a 4" x 4" concrete monument
with an iron rod; thence North 00049'43" East, a distance of 1 002.14 feet to the north line of said
Section 6; thence North 88055'28" East, along said north line of Section 6, a distance of 1700.30 feet
to the Point of Beginning.
and
The West 50 feet of the East 300 feet ofSW 1/4 of the SW 1/4 of Section 36, Township 17 South,
Range 33 East, lying South of the existing County Road (exact South R/W to be established by
V olusia County Engineering Department by construction of paved road).
Containing 79.18 :!: acres more or less.
Map of subject property is reflected on Exhibit "B" and incorporated herein.
#2007 -0-05
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8
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AGENDA REQUEST
Date: April 3. 2007
PUBLI C
HEARING April 16. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1st Reading - Ordinance No. 2007-0-06
Sid C. Peterson, Jr., requesting an amendment
to the Official Zoning Map to include property
as RPUD (Residential Planned Unit
Development) as well as approval of the
associated RPUD Agreement.
OWNER: Hanson & McCallister, Inc.
APPLICANT/AGENT: Sid C. Peterson, Jr.
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RPUD
(Residential Planned Unit Development) and approval of the associated RPUD Agreement.
PROPOSED USE: Single and Multi-family residential
LOCATION: South of the Taylor Road and Glencoe Road intersection.
AREA: 79.18:1:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Rural
ZONING DISTRICT: Volusia County - A-2 (Rural Transitional)
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Land Use FLUM Desilrnation Zoninlr District
North Vacant, Single- Volusia County - Rural Volusia County A-2 (Rural
Family Residential Agriculture), RA (Rural
and Commercial Alrriculture)
East Vacant and Single- Volusia County - Rural and Volusia County A-2 (Rural
Family Residential City Public-Semi-Public with Agriculture) and City P/S-P
Conservation Overlay (Public/Semi - Public)
South Vacant Volusia County - Rural and Volusia County - A-2 (Rural
Environmental Systems Transitional), RC (Resource
Corridor Corridor)
West Vacant Volusia County - Rural and Volusia County - A-2 (Rural
Environmental Systems Transitional) , FR (Forestry
Corridor, Low Impact Urban Resource) and RC (Resource
and Forestry Resource Corridor)
RZ-060 1 - Peterson
Background
This propertyis located south of Glencoe Road and Taylor Road. The 'property is contiguous to the
recently annexed Snowden property and City owned property to the south. The property is compact
and contiguous to the existing City limits. The applicant is proposing a development to include 55-
single family lots with a minimum size of 75' x 120' and 176-condominium units. The project shall
have a minimum of 25% open space to include pedestrian walks, lakes and tree preservation areas.
At the November 8, 2006 Planning and Zoning Board meeting the Board voted to send a favorable
recommendation to City Council with the condition that the Agreement be modified to have a front
setback of 35-feet (for single-family residences) and a variety of sizes for single-family and
townhouses are available.
Land Use Compatibility
The proposed residential use is compatible with the surrounding area of existing and proposed
residential uses.
Adequate Public Facilities
This site has access to Taylor Road. Water is available via an FPL easement and installation of a
force main. Wastewater is currently unavailable at this time.
. Natural Environment
An Environmental Analysis shall be required and approved by the City prior to anyon-site
development.
Comprehensive Plan Consistency
The zoning designation requested is compatible with the proposed Future Land Use amendment.
Other Matters
Preliminary plat and site plan approval shall be required prior to anyon-site development of the
property.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2007-0-06; amending the Official Zoning Map to include
79.18 acres ofland located south ofthe Taylor Road and Glencoe Road intersection as RPUD (Residential
Planned Unit Development and approval ofthe associated RPUD Agreement with the condition that the
Agreement be modified to have a front setback of 35-feet for single-family residential.
ACTION REQUESTED
Motion to approve Ordinance No. 2007-0-06 with the condition that the Agreement be modified to have a
front setback of 35-feet for single-family residential.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~"-'.Jrr-i"r;tu~
Robin Matusick
Paralegal
"--'''-1'
RZ-060 I - Peterson
2
ORDINANCE NO. 2007-0-06
AN ORDINANCE REZONING A PARCEL OF
APPROXlMA TEL Y 79.18 ACRES LOCATED SOUTH OF THE
TAYLOR ROAD AND GLENCOE ROAD INTERSECTION,
EDGEW A TER, FLORIDA; FROM COUNTY A-2 (RURAL
TRANSITIONAL) TO CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT); AUTHORIZING THE
MA YOR TO EXECUTE THE PLANNED UNIT
DEVELOPMENT (PUD) ZONING AGREEMENT FOR THE
VILLAS AT THE LAKES SUBDIVISION PLANNED UNIT
DEVELOPMENT; AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF EDGEW A TER; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Sid C. Peterson, Jr., Esquire, agent/applicant on behalf of Hanson & McCallister, Inc.,
owners of property located South of the Taylor Road and Glencoe Road, Edgewater, Florida.
Subject property contains approximately 79.18 acres more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from County A-2 (Rural Transitional) to City RPUD (Residential Planned Unit
Development) for the property described herein.
3. On November 8, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On April 16, 2007, the City Council considered on first reading/public hearing the
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2007-0-06
proposed change in the zoning classification after publication of such hearing in the Observer on
Saturday, April 7, 2007.
5. On July 16, 2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on Thursday, July 5 ,2007, and notifying by mail
all property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
12. The City Council finds that the requested rezoning does not affect a large portion of
the public, but rather has impact on a limited number of persons or property owners.
13. The City Council finds that the requested rezoning is a decision contingent on a fact
or facts arrived at from distinct alternatives and that the requested rezoning decision can be
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2007-0-06
2
functionally viewed as policy application, rather than policy setting.
14. The City Council finds the consideration of this rezoning to be a quasi-judicial act
rather than a legislative act of the City Council.
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 EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
A-2 (Rural Transitional) to City RPUD (Residential Planned Unit Development) pursuant to the
associated Planned Unit Development (PUD) Agreement for the Villas at the Lakes Subdivision
(attached hereto and incorporated as Exhibit "B").
The following described real property all lying and being in the County of V olusia
and State of Florida.
U. S. Lot 1, and a portion ofU. S. Lot 2 and U. S. Lot 7, Section 6, Township 18
South, Range 34 East, Volusia County, Florida being described as follows:
For a Point of Beginning, commence at the northeast corner of said Section 6, said
point being marked by a 4" x 4" concrete monument with "St. Regis" etched on the
side; thence South 00021 '00" West, along the east line of said Section 6, a distance
of4167.45 feet to the southeast corner of said U. S. Lot 7; thence South 88053'49"
West, along the south line of said U. S. Lot 7, a distance of50.01 feet; thence North
18034'33" West, a distance of2280.61 feet to a 4" x 4" concrete monument with an
iron rod; thence North 53037'44" West, a distance of 727.93 feet; thence North
73008'10" East, a distance of 47.17 feet; thence North 61018'40" East, a distance of
1 000.00 feet; thence North 28041 '20" West, a distance of 500.00 feet; thence South
61018'40" West, a distance of 1 000.00 feet; thence South 28041'20" East, a distance
of448.92 feet; thence South 73008'10" West, a distance of73.33 feet; thence North
28047'43" West, a distance of 574.76 feet to a 4" x 4" concrete monument with an
iron rod; thence North 00049'43" East, a distance of 1 002.14 feet to the north line of
said Section 6; thence North 88055'28" East, along said north line of Section 6, a
distance of 1700.30 feet to the Point of Beginning.
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2007-0-06
3
and
The West 50 feet of the East 300 feet of SW 1/4 of the SW 1/4 of Section 36,
Township 17 South, Range 33 East, lying South of the existing County Road (exact
South R/W to be established by V olusia County Engineering Department by
construction of paved road).
Containing 79.18 :t acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Development Services Director 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 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.
PARTE.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
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2007-0-06
4
recording into the public records of V olusia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion to approve by
the vote on the first reading of this ordinance held on
April 16, 2007, was as follows:
Mayor Mike Thomas
Councilwoman Debra 1. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
After Motion to approve by
and Second by
AYE
and Second by
NAY
the vote on the second reading/public hearing of this ordinance was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
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2007-0-06
5
AYE
NAY
PASSED AND DULY ADOPTED this 16th day of July, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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2007-0-06
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of July, 2007 under Agenda Item No. 7_.
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THIS INSTRUMENT PREPARED BY:
Paul Rosenthal, Esquire
Foley & Lardner, LLP
III N. Orange Avenue, Suite 1800
Orlando FL 32801-2386
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW A TER
P.O. Box 100
Edgewater FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
VILLAS AT THE LAKES
THIS AGREEMENT is made and entered into this _ day of day of , 2007
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 SID PETERSON, JR., applicant whose address is P.O. Box 428, New Smyrna Beach,
Florida 32170, (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 79.18::1: acres located south of Glencoe Road
and Taylor 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 HANSON &
McCALLISTER, INC., a Florida Corporation.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer shall
commence construction of Villas at the Lakes, as defined by the Master Plan, dated September 8, 2006
(Exhibit "B" included herein), within one (I) year of required permit approval for this project, or within
eighteen (18) months of the effective date of this Agreement. Developer's failure to initiate construction
within one (I) year may result in the City's termination of the Agreement. The City, at its sole option,
may extend the duration of this Agreement. This development must be consistent with the Master Plan
Vil1as at the lakes
and must be approved by City Council prior to commencement of any authorized work. Final approval
shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law enforcement,
environmental, solid waste containment, and planning elements.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this Agreement and in
accordance with the City of Edgewater's current Land Development Code. The Developer further agrees
that all development will be consistent with the Villas at the Lakes Master Plan dated September 8, 2006
(Exhibit "B"). The Villas at the Lakes shall be developed consistent with the City's single-family and
multi-family development procedures. Final project approval may be subject to change based upon final
environmental, permitting, and planning considerations. Use of the property will be as follows:
A. Average Lot Size/Unit Count
The development of the parcels shall be consistent with the uses prescribed for each area within
the proposed RPUD. The location of said land use areas are shown on the Master Plan Exhibit "B",
which location and size may vary in order to maximize the preservation of specimen trees and wetland
areas on the property. The following land uses shall be allowed as permitted principle uses and structures
along with their customary accessory uses and structures:
. Condominium/multi-family
. Single-family detached residential
Villas at the Lakes shall not exceed a total of232 residential dwelling units. The 55 single-family
lots are planned to be 75'x 120' or greater. The 176 condominium/multi-family units shall be a
minimum of 1,000 square feet of livable area. Based on Final Subdivision Plan approval, the total
number of units may vary but the maximum residential units allowed for the Villas at the Lakes shall not
exceed 3.7 dwelling units per net acreage or a total of232 units.
No lot will exceed a maximum building coverage of 30% with a maximum impervious coverage
of 60% per lot.
Minimum Lot Size:
Single-Family
Area - 9,000 square feet
Width -75' feet
Depth - 120' feet
B. Minimum House Square Footage
The minimum gross single-family house square footage shall be at least 1,200 square feet living
area under air/heat. with a variety of unit sizes. The minimum gross condominium/multi-family square
Multi-Family Unit
Area - 1,000 square feet
Villas at the lakes
2
footage shall be at least 1,000 square feet living area under air/heat. In addition, each single-family house
will have a minimum of a two (2) car enclosed garage. No carport will be allowed.
Single-Familv Minimum Yard Size and Setbacks:
Front -35'
Rear - 20'
Side - 10'
10' - front, 5'- sides
Rear - 7.5' from property line to pool deck edge
Side - 10' from property line to pool deck edge
CondominiumlMulti-familv
a. All condominium buildings shall be adjacent to a public or private right-of-way
or common area. There will be one (1) access point off of the Main Roadway to a
common driveway shared by a group of condominium/multi-family buildings as
depicted on the Master Plan.
b. Front setback of buildings shall be 25-feet from edge of pavement of driveways
and/or streets.
c. Rear setbacks of buildings shall be 20-feet except if there is a landscaped
common area behind the multi-family building and there is a minimum distance
of 20-feet from the project boundary line and the building or accessory
structures. For multi-family buildings on the lakes, rear setbacks shall be'25-feet
from the mean high water line of the lake. Provided however any attached porch
or terrace can extend up to 10-feet into the rear setbacks.
d. Minimum distance between buildings shall be 20-feet.
e. Maximum building width shall be 125-feet.
f. Maximum number of units per building shall be 8-units.
g. Minimum setback from RPUD boundaries shall be 25-feet.
h. Maximum building height shall be 35-feet.
1. Minimum parking spaces shall be two (2) per living unit. Garages, driveways
and common parking areas may count towards this requirement.
J. Minimum Square Feet (under air/heated) shall be 1,000, with a variety of unit
Side Corner - 20'
Maximum Height - 35'
Utility Easements -
Swimming Pools
sIzes.
k. Maximum number of stories shall be three (3), not to exceed 35-feet in height.
Villas at the lakes
3
C. Roads
All internal roads shall be private and maintained by the Homeowners' Association with public
utilities and easements. The main gated internal road running north and south and traversing the entire
parcel shall be designed in accordance with standards established in the Edgewater Land Development
Code, as amended, hereinafter referred to as the "Main Roadway". The City has a pre-existing utility
easement through the property, which shall be re-aligned to be the same area encompassed by the "Main
Roadway". Vehicular access to all other areas within the development shall be via roadways with a
minimum width of twenty-four feet (24') with Miami curbs.
D. Stormwater Management
The retention pond(s) will meet the requirements for the St. Johns River Water management
District and the City of Edgewater Land Development Code. The pond(s) are approximately 24.I::l: acres
and will be owned and maintained by the HOA. Developer is required to provide an outfall to a publicly
owned drainage conveyance system, and obtain an off-site drainage easement if necessary.
E. Signage
There will be one (I) ground sign located at the gated entrance and freestanding directional signs
within the subdivision. Copy area, height and setback requirements will be per the City's Development
Regulations.
F. Trees
There shall be a minimum of six (6) trees per each single-family home building lot and one (1)
street tree at fifty (50) foot on center and to be located within the internal road right-of-ways. Trees shall
be 2 Y2 in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit "C" -
Trees. A tree survey shall be provided prior to construction plan approval. Each lot shall have a tree
survey prior to the issuance of a building permit. The purpose of the tree survey shall be to determine the
number of specimen and historic trees and to determine the tree mitigation requirements. Multi-family
site shall have one (1) tree per 1 ,500 square feet.
Statistical tree survey information may be considered at the discretion of the Development
Services Director. However, such statistical surveys shall be limited to sites containing an overstory
consisting predominantly of tress uniform in age, species and distribution, which do not contain specimen
or historic tress. Statistical surveys must be conducted in compliance with accepted forestry practices.
The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
Villas at the lakes
4
G. Entrance to Subdivision
There shall be one (1) ingress/egress point on the south side of Taylor Road. Said entrance to be
a minimum width of fifty-feet (50') and gated.
H. Model Homes and Temporary Offices
Four (4) Lots shall be designated for use as potential model home or temporary sales office lots at
the time of preliminary plat. 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 temporary sales office while a model home
is under construction. Such temporary offices shall only be permitted for an interim period not to exceed
sixty (60) days or until completion of the first model home, whichever occurs first.
Model home construction prior to plat recording shall only be allowed upon compliance with the
following requirements:
(a) Provision for fire protection, including testing and approval of the water system by
the Florida Department of Environmental Protection (FDEP), in on-site hydrants are
required to service the area where the proposed models will be constructed.
(b) Construction of access roads to the model home sites prior to building permit
issuance, to the extent necessary to allow sufficient access by City vehicles for
inspections.
(c) Permanent utility connections cannot be made until the sanitary sewer system has
been completed and certified to FDEP.
Additional requirements, restrictions and conditions may be imposed by the City to address
specific site or project concerns. A certificate of completion issued as provided in the Standard Building
Code shall be deemed to authorize limited occupancy of model homes.
Flags or insignias which read "model", "open", "open house" or any other phrase which identifies
property for real estate purposes may be displayed in the following locations and numbers. The
maximum height of such flags shall be eight feet (8') with a maximum size of fifteen (15) square feet.
(a) Single-family model home lot, not to exceed two (2) flags.
(b) Condominium/multi-family model home unit, not to exceed one (1) flag per unit.
1. Declaration of Covenants, Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions: Articles of Incorporation, and By-
Laws for the Villas at the Lakes Homeowners Association will be recorded in the public records of
Volusia County at the time the Final Plat for Villas at the Lakes is recorded. A separate Declaration of
Condominium, Articles of Incorporation and By-laws for the Condominium Association will be filed with
Villas at the lakes
5
the State and recorded in the public records of Vol usia County, Florida at the time the Final Site Plan is
approved.
J. Open Space Requirements.
Open space as required per the Edgewater Land Development Code, as amended, shall be a
minimum of 25% and shall meet the definition in the current Land Development Code.
K. Pedestrian Walks
A ten foot (10') pedestrian space of pervious material as approved by City staff (common area)
shall be provided along and around the entire shoreline of each lake. In addition thereto there shall be
provided six (6) bench areas along the Pedestrian Walks and spaced evenly around each lake.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Villas at the Lakes is Low Density Residential with
Conservation Overlay. The zoning designation for Villas at the Lakes shall be RPUD (Residential
Planned Unit Development) as defined in the City Land Development Code. The City of Edgewater's
permitted uses for RPUD (Residential Planned Unit Development) are applicable to the development of
the property and consistent with the adopted Comprehensive Plan/Future Land Use Map.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system. 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.
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 City and dedicated to the
City prior to or at the time of platting.
C. The City has determined that reclaimed water may be available in the near future; therefore the
Developer shall install piping for future reclaimed water service.
D. Developer agrees to provide on and off-site current and future utility and drainage easements
for drainage and utility service consistent with this provision.
E. All electrical services will be underground.
F. Roadway improvements and all associated right-of-ways shall be dedicated to the
Homeowners Association at the time of final plat approval.
G. Off-site improvements (including but not limited to intersection improvements, turn lanes,
acceleration lanes, deceleration lanes, signalization) are the developer's responsibility and shall meet all
City, County and/or State requirements and approval.
H. Impact fees for each dwelling unit will be paid in accordance with the following schedule:
Villas at the lakes
6
Water - Pay 100% of the applicable impact fees to the City by applicant at the time the
permit application is signed by the City, thereby reserving requisite water capacity.
Sewer - Pay 100% of the applicable impact fees to the City by applicant at the time the
permit application is signed by the City, thereby reserving requisite sewer capacity.
Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit
application.
Roads - Paid to City by applicant at the time of Building Permit Application.
Volusia County Impact Fees for Roads and Schools - Paid at City Hall by applicant 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.
I. All infrastructure facilities and improvements shall be constructed III compliance with
applicable federal, state, and local standards.
J. A concurrency review shall be conducted to ensure that all required public facilities are
available concurrent with the impacts of the development.
K. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal
review, engineering review and construction inspection related to the Villas at the Lakes development
approval and the construction inspection related to the Villas at the Lakes development approval and the
construction of required infrastructure improvements and the review and approval of the final plat.
L. The developer shall provide all public facilities to support this project including the following:
1. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system, including outfall system.
4. Piping for future reclaimed water.
5. Provide all required pavement marking and signage (stop signs, road signs, etc)
within the Subdivision. All signage shall comply with Florida Department of
Transportation (FOOT) standards.
6. Developer is responsible for costs of recording the plat upon approval by the City
of Edgewater.
7. Bonds - A Performance Bond may be accepted by the City and shall be 110% of
the costs of all remaining required improvements. A Maintenance Bond equal to
10% of the cost of the infrastructure improvements shall be provided to the city
prior to recording the Final Plat. The Maintenance Bond shall be in effect for a
two (2) year period.
Villas at the lakes
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8. Sidewalks shall be constructed on both sides of the streets/roadways and have a
minimum width of four feet (4') and shall be constructed prior to issuance of a
Certificate of Occupancy on each building lot. Developer shall provide a bond or
surety in a form acceptable to the City in the amount of $1 0.00 per lineal foot for
two (2) years. If sidewalks are not completed within two (2) years, the developer
will install the remaining sidewalks or extend for two (2) more years upon city
approval.
9. Streetlights shall be reflected in the Declaration of Covenants and Restrictions,
and maint~ined by the Homeowners Association and be installed by the
Developer at time of installation of the infrastructure or prior to the Certificate of
Occupancy issuance for the first dwelling unit.
M. Recreational Facilities
An area will be reserved for a recreational area, or areas as the case may be, for a clubhouse,
pool, tennis court, and children's playground. In addition, pedestrian walks will be provided along and
around the entire shoreline of each lake together with six (6) bench areas spaced evenly around each lake.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined in the
Agreement after having determined it is not contrary to the city of Edgewater Comprehensive Plan and
Land Development Code and is compliant with all concurrency requirements set forth in said documents.
7. DEDICATION OF LAND FOR PUBLIC USE
The Developer shall convey to the City of Edgewater, by warranty deed and title insurance free
and clear of all liens and encumbrances, all roadway right of ways and all utility easements as required.
Villas at the Lakes has designated 20! acres as open space, to be maintained by the HOA.
8. PERMITS REQUIRED
The developer will obtain required development permits or letters of exemption. Permits may
include but not be limited to the following:
I. Florida Department of Transportation, Department of Environmental Protection,
Department of Health, St. Johns River Water Management District, Army Corps of
Engineers, and Florida Fish and Wildlife Conservation Commission.
2. City of Edgewater - Rezoning, Subdivision Plat approval, Subdivision Construction Plan
approval, all applicable clearing, removal, construction and building permits.
3. This site may require a Volusia County Environmental Permit.
4. lOa-year flood elevation for this site is _ feet; minimum finished floor elevation shall be
nine (9) feet.
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9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction shall not
relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms
or restrictions, and any matter or thing required to be done under the existing ordinances of the City.
Existing ordinances shall not be otherwise amended, modified, or waived unless such modification,
amendment, or waiver is expressly provided for in this Agreement with specific reference to the
ordinance provisions so waived, or as expressly provided for in this Agreement.
Developer shall establish a mandatory Homeowners Association (HOA) for the purpose of
maintaining the property and enforcing applicable covenants and restrictions. The mandatory HOA will
also be responsible for the streetlight requirements that result from the project including payment to
Florida Power and Light for installation, maintenance and power consumption and the maintenance of the
stormwater areas within the Villas at the Lakes common area tracts as depicted on the plat. 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.
10. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other requirements
determined to be necessary by the City for the public health, safety, or welfare of its citizens.
11. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the
Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal
will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute,
the issue shall be scheduled for the City Council agenda. The action of the City Council is the final
authority concerning this Agreement.
12. PERFORMANCE GUARANTEES
During the term of this Agreement regardless of the ownership of the Property, the Property shall
be developed in compliance with the terms of this Agreement and applicable regulations of the City not
inconsistent with, or contrary to, this Agreement.
13. BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments, and all final
site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and
any person, firm, corporation, or entity who may become the successor in interest to the land subject to
this Agreement or any portion thereof and shall run with the land and shall be administered in a manner
consistent with the laws of the State of Florida.
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14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in
Volusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months, commencing
12-months after the date of this Agreement to determine if there has been good faith compliance with the
terms of this Agreement. If the City finds on the basis of competent substantial evidence that there has
been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by
the City.
16. APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled, and interpreted
according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and obligations
contained in the Agreement.
18. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all previous
discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to
and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal
amendment.
19. FURTHER DOCUMENTATION
The parties agree that at anytime following a request therefore by the other party, each shall
execute and deliver to the other party such further documents and instruments, in form and substance
reasonably necessary to confirm and/or effectuate the obligations of either party hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of this
Agreement by an action for specific performance.
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other party to
enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the
prevailing party shall be entitled to recover from the other party its reasonable attorney's fees, legal
assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including
bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or
not such action is prosecuted to judgment.
Villas at the lakes
10
22. COUNTERP ARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to
be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and the words
contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or
meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held
invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into
the date and year first written above.
ATTEST:
CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Michael Thomas
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Witnessed by:
Sid C. Peterson, Jr.
Applicant
Hanson & McCallister, Inc.
BY:
David McCallister, President
Villas at the lakes
11
Signed, sealed and delivered in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me on this
day of
2007,
by
, and who is personally known to me or has produced _
as identification and who did (did not) take an oath.
Notary Public
Stamp/Seal
Villas at the lakes
12
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of Florida.
U.S. Lot I, and a portion of U.S. Lot 2 and U.S. Lot 7, Section 6, Township 18 South, range 34 East,
Volusia County, Florida being described as follows: For a Point of Beginning, commence at the northeast
corner of said Section 6, said point being marked by a 4" x 4" concrete monument with "St. Regis" etched
on the side; thence South 00021 '00" West, along the east line of said Section 6, a distance of 4167.45 feet
to the southeast corner of said U.S. Lot 7; thence South 88053 '49" West, along the south line of said U.S.
Lot 7, a distance of 50.01 feet; thence North 18034'33" West, a distance of 2280.61 feet to a 4" x 4"
concrete monument with an iron rod; thence North 53037'44" West, a distance of 727.93 feet; thence
North 73008' 1 0" East, a distance of 47.17 feet; thence North 61018'40" East, a distance of 1 000.00 feet;
thence North 28041 '20" West, a distance of 500.00 feet; thence South 61018'40" West, a distance of
1000.00 feet; thence South 28041 '20" East, a distance of 448.92 feet; thence South 73008' 1 0" West, a
distance of 73.33 feet; thence North 28047'43" West, a distance of 574.76 feet to a 4" x 4" concrete
monument with an iron rod; thence North 00049'43" East, a distance of 1002.14 feet to the north line of
said Section 6; thence North 88055 '28" East, along said North line of Section 6, a distance of 1700.30 feet
to the Point of Beginning.
Containing 79.18::1: acres more or less and being in Volusia County, Florida.
ViIlas at the lakes
13
EXHIBIT "B"
MASTER PLAN
Villas at the lakes
14
r--
EXHIBIT "C"
TREES
Common Name Botanical Name Inches (DBH)
Elm Ulmus spp. 12 plus
Hickory Carya spp. 12 plus
Loblolly Bay Gordonia lasianthus 12 plus
Magnolia Magnolia grandiflora 12 plus
Maple Acer spp. 12 plus
Other Oak Species Quercus spp. 12 plus
Red Bay Persea borbonia 12 plus
Red Cedar Juniperus silicicola 12 plus
Swamp Bay persea palustris 12 plus
Sweet Bay Magnolia virginiana 12 plus
Sweet Gum Liquidambar styraciflua 12 plus
Sycamore Platanus occidentalis 12 plus
Turkey Oak Quercus laevis 12 plus
Cypress Taxodium spp. 12 Plus
S ugarberry /Hackberry Celtis laevigata 12 Plus
Slash Pine PinuS eUiottii 18 Plus
Longleaf Pine PinuS palustris 18 Plus
15
Villas at the lakes
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EXHIBIT "C"
TREES
Common Name Botanical Name Inches (DBH)
Elm Ulmus spp. 12 plus
Hickory Carya spp. 12 plus
Loblolly Bay Gordonia lasianthus 12 plus
Magnolia Magnolia grandiflora 12 plus
Maple Acer spp. 12 plus
Other Oak Species Quercus spp. 12 plus
Red Bay Persea borbonia 12 plus
Red Cedar Juniperus silicicola 12 plus
Swamp Bay Persea palustris 12 plus
Sweet Bay Magnolia virginiana 12 plus
Sweet Gum Liquidambar styraciflua 12 plus
Sycamore Platanus occidentalis 12 plus
Turkey Oak Quercus laevis 12 plus
Cypress Taxodium spp. 12 Plus
Sugarberry/Hackberry Celtis laevigata 12 Plus
Slash Pine Pinus elliottii 18 Plus
Longleaf Pine Pinus palustris 18 Plus
Villas at the lakes
15
"
~l.
AGENDA REQUEST
Date: April 3. 2007
PUBLI C
HEARING April 16. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2007-0-07
Glenn D. Storch requesting an amendment to
the Comprehensive Plan Future Land Use Map
to include property as Low Density Residential
with Conservation Overlay.
OWNER: Omer and Paulette Stull
APPLICANT/AGENT: Glenn Storch
REQUESTED ACTION: Amend the Comprehensive Plan Future Land Use Map to include property as
Low Density Residential with Conservation Overlay.
PROPOSED USE: Single Family Residential
LOCATION: South of Two Oaks Drive and north of 27th street
AREA: 20.28:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - R-3 (Urban Single Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single Family Medium Density Residential Majestic Oaks (Court Order-
Residential max 200 units)
East Vacant and Single Volusia County - Urban Low Volusia County - MH-5 (Urban
Family Residential Intensity Mobile Home) and R-3 (Urban
Single Familv Residential)
South Single Family Low Density Residential R-2 (Single Family Residential)
Residential
West Vacant Volusia County - Urban Low Volusia County - R-3 (Urban
Intensitv Single Familv Residential)
Background
This property is located south of the Majestic Oaks subdivision and north of 27th Street. The
applicant had a pre-application meeting on June 8, 2004 to discuss the development of a single-
family residential subdivision comparable to Majestic Oaks, which is adjacent to the north of this
property. The density for this project shall not exceed 3.8 units per net acre.
CPA-0618 - Stull
Land Use Compatibility
The proposed use is compatible with the residential properties to the north, south and west.
Adequate Public Facilities
This site has access to 27th Street and Three Oaks Drive. City water and sewer is available to this
site. Development of this site will require preliminary plat and construction plan approval.
Construction plans shall include details of all required infrastructure including but not limited to:
water, sewer, streets, sidewalks and streetlights.
Natural Environment
Vegetation on this site includes Xeric Oak and Disturbed Lands; soils include Bassinger Fine Sand.
Prior to development as part of the preliminary plat review an environmental analysis for wetlands
and threatened and endangered species, etc., shall be required, and shall include an archeological
analysis. All issues related to the reports shall be addressed prior to construction.
Comprehensive Plan Consistency
Volusia County - Urban Low Intensitv
Areas for low-density residential dwelling units with a range of .2 to 4 dwelling units per acre. In
reviewing rezoning requests, the specific density will depend on locational factors, particularly
compatibility with adjacent uses and availability of public facilities. Provided however, lot sizes larger
than one acre may be allowed if there are similar lot sizes existing in the vicinity. This residential
category is generally characterized by single family type housing, e.g., single family detached and
attached, cluster and zero lot line. This category will allow existing agricultural zoning and uses to
continue.
This category may also allow neighborhood convenience uses (See Shopping Center definition in Chapter
20) and individual office buildings as transitional uses that meet the Comprehensive Plan's location
criteria. The commercial intensity should be limited in a manner to be compatible with the allowable
residential density, with more allowable intensity at intersections of heavily used roadways. In order to
be considered compatible, the commercial development should reflect comparable traffic generation,
similar traffic patterns, building scale, landscaping and open space, and buffers. Due to the nature of
some ofthe commercial uses, additional landscaping and visual screening shall be provided through the
BPUD process when adjacent to low density residential in order to preserve the character of the
neighborhood. High intensive commercial use should be reserved to areas designated for Commercial.
All requests for non-residential uses within y,; mile of another jurisdiction shall require notification to
that jurisdiction.
City of Ed~ewater - Low Densitv Residential
(1.1 to 4 units per acre) This residential category is typically a suburban area dominated by detached
single-family homes on quarter-acre lots. This is the predominant land use within the City.
City of Ed~ewater - Conservation Overlay
The Conservation Overlay area shown on the Future Land Use Map (FLUM) is intended to protect areas
that may potentially contain protected wildlife habitat areas, hydric soils/wetlands, mangrove swamps,
estuarine marsh ecotone, freshwater marshes, special vegetative communities. Included within the
Conservation Overlay definition are areas within a public water well radius of 500 feet, within the 100-
year floodplain, and other areas subject to environmental or topographic constraints. The area
designated as Conservation Overlay on the FLUM is not intended to prevent development, but rather
identify sensitive areas that need to be reviewed carefully during the review process to determine
whether development should be permitted or if some form of mitigation may be necessary. If the areas
are determined not to be sensitive, than the underlying land use development density and/or intensity
will be applicable.
Other Matters
Preliminary Plat and construction plans must be approved prior to anyon-site construction.
CPA-0618 - Stull
2
STAFF RECOMMENDATION
Staffrecommends approving Ordinance No. 2007-0-07; amending the Future Land Use Map to include
20.28:!: acres ofland located south of Two Oaks Drive and north of 27th street as Low Density Residential
with Conservation Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2007-0-07.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Darren Lear
Development Services Director
o..,.*,,~Yu ~t~.k..
Robin Matusick
Paralegal
Q.W~
on C. Williams
ity Manager
~lt
CPA-0618 - Stull
3
ORDINANCE NO. 2007-0-07
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY COMPRISING 20.28! ACRES
LOCATED SOUTH OF TWO OAKS DRIVE AND NORTH OF
27TH STREET, EDGEW A TER, FLORIDA AS LOW DENSITY
RESIDENTIAL WITH CONSERVATION OVERLAY;
PROVIDING FOR PUBLICATION, HOLDING PUBLIC
HEARINGS, TRANSMITTING THIS COMPREHENSIVE
PLAN AMENDMENT TO THE FLORIDA DEP ARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOL USIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COpy OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
WHEREAS, a Public Hearing on the question of designating a future land use classification
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter ] 63, F.S.
and Rule 9J-ll, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
#2007-0-07
StI tick tin otl!?,h passages are deleted.
Underlined passages are added.
held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2005),
on Wednesday, November 8, 2006, on the proposed Plan Amendment and following that Public
Hearing voted and recommended that the City Council approve the aforesaid Amendment to the
City's 2003 Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT.
Article I, Section 21-04 of the City of Edgewater' s Land Development Code, as amended
and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, and
regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be
amended by this plan map amendment to: Amend the Official Future Land Use Map to include
property as Low Density Residential with Conservation Overlay for property described in Exhibits
"A" and "B".
PART B.
PUBLICA TION.
Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in
the manner prescribed by 163.3184 ( IS) (c), Fla. Stat. (2005). The City Council shall hold at least
TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment. The first
publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal
Hearing). 163.3184 ( IS) (b) 1., Fla. Stat. (2005). The second publication shall appear at least FIVE
(5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2., Fla. Stat.
#2007-0-07
Stltlck till otlg,h passages are deleted.
Underlined passages are added.
2
(2005). The required advertisement shall be no less than two columns wide by TEN inches (10")
long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall be no
smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2005). The advertisement shall
substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2007-0-07
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY COMPRISING 20.28::!: ACRES
LOCATED SOUTH OF TWO OAKS DRIVE AND NORTH OF
27TH STREET, EDGEW A TER, FLORIDA AS LOW DENSITY
RESIDENTIAL WITH CONSERVATION OVERLAY;
PROVIDING FOR PUBLICATION, HOLDING PUBLIC
HEARINGS, TRANSMITTING THIS COMPREHENSIVE
PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COpy OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
#2007-0-07
Stltlck thl otlg,h passages are deleted.
Underlined passages are added.
3
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will
be held on April 16, 2007 at 7 :00 p.m. at the Community Center, 102 N. Riverside Drive,
Edgewater, Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit HB '')
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2005).
PART C.
PUBLIC HEARINGS.
As a condition precedent to the adoption of this ordinance amending the City's 2003
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2005). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D.
TRANSMITT AL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team, and all other items specified to be
#2007-0-07
StI tick tlu otlgh passages are deleted.
Underlined passages are added.
4
transmitted in accordance with Rule 9J-ll.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2005) and Rule 9J-I1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St.
Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2005) &
Rule 9J-l1.011 (3), F.A.C.
PART E.
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 F.
EFFECTIVE DATE.
This ordinance shall become effective upon its final adoption; and either the Department of
Community Affairs entering a final order finding this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance and certification of consistency
#2007-0-07
Stl tlck tIll otlgh passages are deleted.
Underlined passages are added.
5
from the V olusia Growth Management Commission.
PART G.
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, property, or
circumstance.
PART H. ADOPTION.
After Motion to approve by
and Second by
the vote on the first reading of this ordinance held on April 16, 2007 is as follows:
AYE NAY
Mayor Mike Thomas
Councilman Debra 1. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
#2007-0-07
Stltlck tlllougl. passages are deleted.
Underlined passages are added.
6
During the July 16, 2007 Council meeting a Motion to approve was made by
with Second by
, the vote on the second reading
of this ordinance is as follows:
Mayor Mike Thomas
Councilman Debra 1. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
A YE NAY
PASSED AND DULY ADOPTED this 16th day of July, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
#2007-0-07
StI tlck till oug,h passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of July, 2007 under Agenda Item No. 7
7
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
The East Y2 of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34
East, Volusia County, Florida
Containing 20.28 :!: acres more or less.
Map of subject property is reflected on Exhibit "8" and incorporated herein.
#2007 -0-07
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AGENDA REQUEST
Date: April 3. 2007
PUBLI C
HEARING April 16. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1st Reading - Ordinance No. 2007-0-08
Glenn D. Storch requesting an amendment to
the Official Zoning Map to include property as
R-3 (Single Family Residential).
OWNER: Orner and Paulette Stull
APPLICANT/AGENT: Glenn D. Storch
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-3 (Single
Family Residential)
PROPOSED USE: Single Family Residential
LOCATION: South of Two Oaks Drive and north of 27th street
AREA: 20.28::1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - R-3 (Urban Single Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single Family Medium Density Residential Majestic Oaks - Court Order -
Residential max 200 units
East Vacant and Single Volusia County - Urban Low Volusia County - MH-5 (Urban
Family Residential Intensity Mobile Home) and R-3 (Urban
Single Familv Residential)
South Single Family Low Density Residential R-2 (Single Family Residential)
Residential
West Vacant Volusia County - Urban Low Volusia County - R-3 (Urban
Intensity Single Family Residential)
Background
This property is located south of the Majestic Oaks subdivision and north of 27th Street. The applicant
had a pre-application meeting on June 8,2004 to discuss the development of a single-family residential
subdivision comparable to Majestic Oaks, which is adjacent to the north of this property. The applicant
is proposing a 60-unit single-family residential subdivision. The minimum lots sizes proposed are 75' x
115'. All development criteria set forth in the Land Development Code shall be met.
RZ-0616 - Stull
At their regular meeting of December 13, 2006, the Planning and Zoning Board voted to send a favorable
recommendation to City Council for this request.
Land Use Compatibility
The proposed use is compatible with the residential properties to the north, south and west.
Adequate Public Facilities
This site has access to 27th Street and Three Oaks Drive. City water and sewer is available to this
site. Development of this site will require preliminary plat and construction plan approval.
Construction plans shall include details of all required infrastructure including but not limited to:
water, sewer, streets, sidewalks and streetlights.
Natural Environment
Vegetation on this site includes Xeric Oak and Disturbed Lands; soils include Bassinger Fine Sand.
Prior to development as part of the preliminary plat review an environmental analysis shall be required.
All issues related to the reports shall be addressed prior to construction.
Comprehensive Plan Consistency
The proposed R-3 (Single Family Residential) zoning classification is compatible with the Low Density
Residential with Conservation Overlay Future Land Use designation requested as a large-scale Future
Land Use amendment.
Other Matters
A preliminary plat and construction plan must be approved prior to anyon-site development.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2007-0-08; amending the Official Zoning Map to include
20.28:i: acres ofland located south of Twin Oaks Drive and north of 27th Street as R-3 (Single-Family
Residential) .
ACTION REQUESTED
Motion to approve Ordinance No. 2007-0-08.
PREVIOUS AGENDA ITEM:
YES
NO
X
DATE:
AGENDA ITEM NO.
~1'Y~
Robin Matusick
Paralegal
~<~ '\.,\ l'
RZ-0616 - Stull
2
ORDINANCE NO. 2007-0-08
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 20.28 ACRES LOCATED SOUTH OF
TWO OAKS DRIVE AND NORTH OF 27TH STREET,
EDGEW A TER, FLORIDA, FROM COUNTY R-3 (URBAN
SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL); AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW A TER;
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, Esquire, agent for Orner and Paulette Stull, owner/applicant of
property located South of Two Oaks Drive and North of271h Street, within Volusia County, Florida.
Subject property contains approximately 20.28 i: acres more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from County R-3 (Urban Single Family Residential) to City R-3 (Single Family
Residential) for the property described herein.
3. On December 12, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On April 16, 2007, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
Saturday, April 7, 2007.
St. tick till otlgh passages are deleted.
Underlined passages are added.
2007-0-08
5. On July 16,2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on Thursday, July 5, 2007, and notifying by mail
all property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
12. The City Council finds that the requested rezoning does not affect a large portion of
the public, but rather has impact on a limited number of persons or property owners.
13. The City Council finds that the requested rezoning is a decision contingent on a fact
or facts arrived at from distinct alternatives and that the requested rezoning decision can be
functionally viewed as policy application, rather than policy setting.
14. The City Council finds the consideration of this rezoning to be a quasi-judicial act
Stltlck tIll ougl. passages are deleted.
Underlined passages are added.
2007-0-08
2
rather than a legislative act of the City Council.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
R-3 (Urban Single Family Residential) to City R-3 (Single Family Residential).
The following described real property all lying and being in the County of V olusia
and State of Florida.
The East ~ of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 18
South, Range 34 East, V olusia County, Florida
Containing 20.28 i acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Development Services Director 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,
Stltlck till ougl. passages are deleted.
Underlined passages are added.
2007-0-08
3
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 E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion to approve by
and Second by
the vote on the first reading of this ordinance held on April 16, 2007 is as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
Stll:lGk t1uotl~h passages are deleted.
Underlined passages are added.
2007-0-08
4
After Motion to approve by
and Second by
, the vote on the second reading of this ordinance was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 16th day of July, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Stl tlGk tl.lotlgl. passages are deleted.
Underlined passages are added.
2007-0-08
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of July, 2007 under Agenda Item No. 7_.
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AGENDA REQUEST
Date: April 3. 2007
PUBLIC
HEARING April 16. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006-0-46
Glenn D. Storch requesting annexation of
20.28:1:: acres of land located south of Two Oaks
Drive and north of 27th Street.
OWNER: Omer and Paulette Stull
APPLICANT/AGENT: Glenn D. Storch
REQUESTED ACTION: Annexation
PROPOSED USE: Single Family Residential
LOCATION: South of Two Oaks Drive and north of 27th street
AREA: 20.28:1:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Vol usia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - R-3 (Urban Single Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Land Use FLUM Desi~nation Zonin~ District
North Single Family Medium Density Residential Majestic Oaks (Court Order-
Residential max 200 units)
East Vacant and Single Volusia County - Urban Low Volusia County - MH-5 (Urban
Family Residential Intensity Mobile Home) and R-3 (Urban
Single Familv Residential)
South Single Family Low Density Residential R-2 (Single Family Residential)
Residential
West Vacant Volusia County - Urban Low Volusia County - R-3 (Urban
Intensitv Single Familv Residential)
Background
This property is located south of the Majestic Oaks subdivision and north of 27th Street. The
applicant had a pre-application meeting on June 8,2004 to discuss the development of a single-
family residential subdivision comparable to Majestic Oaks, which is adjacent to the north of this
property.
The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council at
their November 8,2006 meeting.
AN-0602 - Stull
City Council voted to approve the request at first reading on December 4,2007.
Land Use Compatibility
The proposed use is compatible with the residential properties to the north, south and west.
Adequate Public Facilities
This site has access to 27th Street and Three Oaks Drive. City water and sewer is available to this
site. Development of this site will require preliminary plat and construction plan approval.
Construction plans shall include details of all required infrastructure including but not limited to:
water, sewer, streets, sidewalks and streetlights.
Natural Environment
Vegetation on this site includes Xeric Oak and Disturbed Lands; soils include Bassinger Fine Sand.
Prior to development as part of the preliminary plat review an environmental analysis for wetlands,
threatened and endangered species etc., shall be required, and shall include an archeological
analysis. All issues related to the reports shall be addressed prior to construction.
Comprehensive Plan Consistency
The annexation of this site is consistent with Policy 1.8.2, which states "In order to reduce land use
conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex
all enclaves as soon as possible."
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-46; annexing 20.28:1: acres of land located south of
Two Oaks Drive and north of 27th street
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-46.
PREVIOUS AGENDA ITEM:
YES
NO
X
12-4-07
4-9-07
AGENDA ITEM NO. 7B
7B
DATE:
Respectfully Submitted By:
~~~JN~~
Robin Matusick
Paralegal
AN-0602 - Stull
2
ORDINANCE NO. 2006-0-46
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF TWO OAKS DRIVE AND NORTH OF
27TH STREET, VOL USIA COUNTY, INTO THE CITY OF
EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOL USIA 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. Orner and Paulette Stull, owner/applicant for annexation of property located South
of Two Oaks Drive and North of 27th Street, within Volusia County, Florida. Subject property
contains approximately 20.28 i: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. During the Planning and Zoning Board meeting on November 8, 2006, the Board
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
5. The City Council is desirous of annexing the real property described herein and finds
Stltlck t1l1otl~h passages are deleted.
Underlined passages are added.
2006-0-46
and determines the area proposed to be annexed to be reasonably compact and contiguous to the
City.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, 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 ofthe City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. The boundaries of Voting District 3 of the City of Edgewater are hereby designated
to include the property described herein.
4. 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.
5. 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.
StltlGk t1uoligh passages are deleted.
Underlined passages are added.
2006-0-46
2
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 V olusia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
Stlllck t1Hotl~h passages are deleted.
Underlined passages are added.
2006-0-46
3
PART F.
ADOPTION.
After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rogers,
the vote on the first reading of this ordinance held on December 4, 2006, was as follows:
AYE NA Y
Mayor Mike Thomas ABSENT
Councilwoman Debra J. Rogers
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet B. Rhodes
x
Councilwoman Judy Lichter
x
On January 8, 2007 a motion to approve continuance of second reading until the April 2,
2007 City Council meeting was made by Councilwoman Lichter and Second by Councilwoman
Rhodes, motion carried 5-0.
The April 2, 2007 Council meeting was canceled and rescheduled for April 16, 2007 with
additional legal advertisements placed.
Stl tiel,. t1uotlsh passages are deleted.
Underlined passages are added.
2006-0-46
4
After Motion to approve by
and Second by
, the vote on the second reading/public hearing of this ordinance held on
April 16, 2007, was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 16th day of April, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
StI tick till otlgh passages are deleted.
Underlined passages are added.
2006-0-46
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of April, 2007 under Agenda Item No. 7_.
5
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
The East Y2 of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34
East, V olusia County, Florida
Containing 20.28 .:t acres more or less.
Stll:lGk thlMgl. passages are deleted.
Underlined passages are added.
2006-0-46
6
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Mayor Thomas asked why they had to postpone it that far.
City Manager Williams informed him to coincide with the
Comprehensive Plan Amendment. By specifying the date, they
save money in re-advertising costs and that is what the
applicant has requested.
The MOTION CARRIED 5 - 0 .
B. 2nd Reading, Ord. No. 2006-0-46, Glenn Storch
requesting annexation of 20.28~ acres of land
located south of Two Oaks Drive and north of 27th
Street
City Attorney Ansay read Ord. 2006-0-46 into the record.
Mayor Thomas entertained a motion.
Councilwoman Lichter moved to continue Ord. 2006-0-46 until
April 2nd, second by Councilwoman Rhodes.
The MOTION CARRIED 5 - 0 .
C. Res. No. 2007-R-Ol, acknowledging property
owners' rights to construct buildings in excess
of 35-feet pursuant to vested Planned Unit
Development (PUD) Agreements
City Attorney Ansay read Res. 2007-R-Ol into the record.
City Manager Williams made a staff presentation.
Mayor Thomas explained there are some developers that
purchased property prior to the November 7th election in the
ParkTowne Industrial Center. When they purchased it and
signed the PUD agreement, that gave them their vested
rights. The consensus of Council was that they felt those
vested rights should be taken into consideration.
Councilwoman Rogers was in agreement with what the property
owners rights are. They have those rights.
Councilman Vincenzi stated that sounds reasonable to him.
He questioned if this was just PUD's that were signed and
agreed on or if it also included the Industrial Park. City
Manager Williams informed him this included the Industrial
Park. He then commented on the exhibit that seeks to
Page 20 of 46
Council Regular Meeting
January 8, 2007
'"L
01-08-0.7 P84:00 IN
STORCH, MORRIS 8 HARRIS, L. L.C.
ATTORNEYS AND COUNSELORS AT LAW
INCLUDING PROFESSIONAL ASSOCIATIONS
OF COUNSEL
AL FORD
420 SOUTH NOVA ROAD
DAYTONA BEACH. FLORIDA 32114-4514
(386) 238-8383 TELEPHONE
(386) 238-0988 FACSIMILE
g1ennsrorch@srorchrnorrisharris.com
j arnesrnorris@srorchrnorrisharris.com
tyharris@srorchrnorrisharris.com
GLENN D. STORCH, P.A.
JAMES S. MORRIS, P.A.
TY HARRIS, P.A.
January 5, 2007
VIA FACSIMILIE 386-424-2409 and REGULAR U.S. MAIL
Mayor Michael L. Thomas
City of Edgewater
Post Office Box 100
Edgewater, Florida 32132-0100
Re: Michael Stull Annexation and Comp Plan Amendment Request
Majestic Oaks, Edgewater
Dear Mayor Thomas:
Due to a scheduling conflict, please accept this letter as a formal request to postpone the City
Council Public Hearing scheduled for January 8,2007, in the name of my client Michael Stull, 2nd
Reading Ord No. 2006-0-46, to the earliest date that will allow for Comprehensive Plan Amendment
and the proposed rezoning. I would appreciate it ifthe City Planning Staff will provide confirmation
of this postponement and rescheduling of same at their earliest convenience.
Please let me know if you need anything else. Thank you for your courtesies.
Kindest regards,
/'
(
ODS/cat
cc: Michael Stull
2102-1
AGENDA REQUEST
Date: December 22. 2006
PUBLIC
HEARING Januarv 8.2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006-0-46
Glenn D. Storch requesting annexation of
20.28::1:: acres of land located south of Two Oaks
Drive and north of 27th Street.
OWNER: Orner and Paulette Stull
APPLICANT/AGENT: Glenn D. Storch
REQUESTED ACTION: Annexation
PROPOSED USE: Single Family Residential
LOCATION: South of Two Oaks Drive and north of 27th street
AREA: 20.28::1:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - R-3 (Urban Single Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Land Use FLUM Desilmation Zonin~ District
North Single Family Medium Density Residential Majestic Oaks (Court Order-
Residential max 200 units)
East Vacant and Single Volusia County - Urban Low Volusia County - MH-5 (Urban
Family Residential Intensity Mobile Home) and R-3 (Urban
Single Family Residential)
South Single Family Low Density Residential R-2 (Single Family Residential)
Residential
West Vacant Volusia County - Urban Low Volusia County - R-3 (Urban
Intensitv Single Family Residential)
Background
This property is located south of the Majestic Oaks subdivision and north of 27th Street. The
applicant had a pre-application meeting on June 8, 2004 to discuss the development of a single-
family residential subdivision comparable to Majestic Oaks, which is adjacent to the north of this
property.
The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council at
their November 8, 2006 meeting.
AN-0602 - Stull
City Council voted to approve the annexation at first reading on December 4, 2006.
Land Use Compatibility
The proposed use is compatible with the residential properties to the north, south and west.
Adequate Public Facilities
This site has access to 27th Street and Three Oaks Drive. City water and sewer is available to this
site. Development of this site will require preliminary plat and construction plan approval.
Construction plans shall include details of all required infrastructure including but not limited to:
water, sewer, streets, sidewalks and streetlights.
Natural Environment
Vegetation on this site includes Xeric Oak and Disturbed Lands; soils include Bassinger Fine Sand.
Prior to development as part of the preliminary plat review an environmental analysis for wetlands,
threatened and endangered species etc., shall be required. All issues related to the reports shall be
addressed prior to construction.
Comprehensive Plan Consistency
The annexation of this site is consistent with Policy 1.8.2, which states "In order to reduce land use
conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex
all enclaves as soon as possible."
Other Matters
A Future Land Use and Zoning Map amendment shall come at a later date.
STAFF RECOMMENDATION
Staffrecommends approving Ordinance No. 2006-0-46; annexing 20.28::1: acres ofland located south of
Two Oaks Drive and north of 27th street
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-46.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
12-4-06
AGENDA ITEM NO. 7B
::~:4dBY
Development Services Director
~~~.~~1.L~ ~\O.
tJ~n C. WIlhams \
City Manager
AN-0602 - Stull
2
ORDINANCE NO. 2006-0-46
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF TWO OAKS DRIVE AND NORTH OF
27TH STREET, VOLUSIA COUNTY, INTO THE CITY OF
EDGEW A TER, 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, VOL USIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Orner and Paulette Stull, owner/applicant for annexation of property located South
of Two Oaks Drive and North of 27th Street, within Volusia County, Florida. Subject property
contains approximately 20.28 ::t acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. During the Planning and Zoning Board meeting on November 8, 2006, the Board
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
5. The City Council is desirous of annexing the real property described herein and finds
StlllGk till oll~h passages are deleted.
Underlined passages are added.
2006-0-46
and determines the area proposed to be annexed to be reasonably compact and contiguous to the
City.
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 EDGEW A TER, 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 ofthe City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. The boundaries of Voting District 3 of the City of Edgewater are hereby designated
to include the property described herein.
4. Pursuant to Section 2.01 ofthe Charter of the City of Edgewater, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
5. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
Stt t1c,k till otlgh passages are deleted.
Underlined passages are added.
2006-0-46
2
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 V olusia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
Stl tick till Otl5h passages are deleted.
Underlined passages are added.
2006-0-46
3
PART F.
ADOPTION.
After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rogers,
the vote on the first reading of this ordinance held on December 4, 2006, was as follows:
AYE NAY
Mayor Mike Thomas ABSENT
Councilwoman Debra J. Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
After Motion to approve by and Second by
, the vote on the second reading/public hearing of this ordinance held on
January 8, 2007, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
$11 tick till ough passages are deleted.
Underlined passages are added.
2006-0-46
4
PASSED AND DULY ADOPTED this 8th day of January, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
StJ tlc;k tlllotlg,h passages are deleted.
Underlined passages are added.
2006-0-46
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 8th day of
January, 2007 under Agenda Item No. 7_.
5
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
The East Yz of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34
East, V olusia County, Florida
Containing 20.28 ! acres more or less.
Stlth:;k tluough passages are deleted.
Underlined passages are added.
2006-0-46
6
t
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B. 1st Reading, Ord. No. 2006-0-46, Glenn Storch
requesting annexation of 20.28~ acres of land
located south of Two Oaks Drive and north of 27th
Street
Assistant City Attorney Palmer read Ord. 2006-0-46 into the
record.
Development Services Director Lear made a staff
presentation.
Vice Mayor Vincenzi asked about the piece of property next
to the yellow border that is all wooded. Mr. Lear informed
him that is owned by the Ford's. This applicant does not
own that property.
Glenn Storch, Law Firm of Storch, Morris & Harris, stated
he also represents Sid on the last item that was discussed
and informed Councilwoman Rogers they are looking at the
north access point. This is part of the solution.
Councilwoman Rogers stated looking at it and having it
complete are two different things. Mr. Storch stated they
are working on making this part of a segment of that. The
Planning Board was very much interested in that.
Mr. Storch stated they are asking for consistency and
compatibility. They are trying to bring this in as part so
it is part of the City so it is consistent with the rest of
the City. They have had to go back and redesign this based
on the new Land Development Code and they can fully comply
with the new Land Development Code and bring this in as
part of the City exactly what they want to see.
Vice Mayor Vincenzi opened the public hearing.
The following citizen spoke:
Dot Carlson, 1714 Edgewater Drive, stated there are gopher
tortoises on the property. There is a little water thing
in there. She wasn't sure if they applied for St. John's.
She asked them to keep in mind what is on the property.
There is scrub jay out there also.
Vice Mayor Vincenzi asked if there would be environmental
surveys and such done. City Manager Williams stated part
of the preliminary plat review calls for an environmental
analysis for wetlands threatening endangered species, etc.
Page 15 of 53
Council Regular Meeting
December 4, 2006
Ken Baxter, President, Majestic Oaks Homeowners
Association, asked how they get in and out of this piece of
property. It looks like it is landlocked. Vice Mayor
Vincenzi informed him they haven't submitted any plans yet.
He asked Mr. Storch if he could address that.
Mr. Storch stated they don't have the plans finished yet
but there will be via existing public street access points.
Mike Stull, Edgewater, asked if the two easterly existing
roads out of Majestic Oaks would run all the way to 27th
Street.
Vice Mayor Vincenzi asked what the existing roads are right
now. Mr. Stull informed him Three Oaks Drive and Leaning
Oaks Drive.
Mr. Baxter asked if there was anyway that could be
incorporated into Majestic Oaks. They do maintain the
property. They spend money to take care of the entrance.
Mr. Storch stated that is something they would love to talk
to the Majestic Oaks people about. They never thought
about that but he felt that was an excellent idea. They
would be glad to talk to them.
Vice Mayor Vincenzi closed the public hearing.
Councilwoman Lichter moved to approve Ord. 2006-0-46, Glenn
Storch requesting annexation of 20.28+ acres of land
located south of Two Oaks Drive and north of 27th Street,
second by Councilwoman Rogers.
The MOTION CARRIED 4-0.
There was a ten-minute recess at this time. The meeting
recessed at 8:00 p.m. and reconvened at 8:10 p.m.
Councilwoman Lichter asked if they could move 9E up on the
agenda.
No one on the Council had any problem with moving this up
on the agenda.
9E. Little League Baseball Agreement - staff
recommending authorizing the Mayor or City
Page 16 of 53
Council Regular Meeting
December 4, 2006
AGENDA REQUEST
Date: November 15. 2006
PUBLI C
HEARING December 4. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1st Reading - Ordinance No. 2006-0-46
Glenn D. Storch requesting annexation of
20.28:1: acres of land located south of Two Oaks
Drive and north of 27th Street.
OWNER: Omer and Paulette Stull
APPLICANT/AGENT: Glenn D. Storch
REQUESTED ACTION: Annexation
PROPOSED USE: Single Family Residential
LOCATION: South of Two Oaks Drive and north of 27th street
AREA: 20.28:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - R-3 (Urban Single Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single Family Medium Density Residential Majestic Oaks <Court Order -
Residential max 200 units)
East Vacant and Single Vol usia County - Urban Low Volusia County - MH-5 (Urban
Family Residential Intensity Mobile Home) and R-3 (Urban
Single Familv Residential)
South Single Family Low Density Residential R-2 (Single Family Residential)
Residential
West Vacant Volusia County - Urban Low Volusia County - R-3 (Urban
Intensity Single Familv Residential)
Background
This property is located south of the Majestic Oaks subdivision and north of 27th Street. The
applicant had a pre-application meeting on June 8, 2004 to discuss the development of a single-
family residential subdivision comparable to Majestic Oaks, which is adjacent to the north of this
property.
The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council at
their November 8,2006 meeting.
AN-0602 - Stull
Land Use Compatibility
The proposed use is compatible with the residential properties to the north, south and west.
Adequate Public Facilities
This site has access to 27th Street and Three Oaks Drive. City water and sewer is available to this
site. Development of this site will require preliminary plat and construction plan approval.
Construction plans shall include details of all required infrastructure including but not limited to:
water, sewer, streets, sidewalks and streetlights.
Natural Environment
Vegetation on this site includes Xeric Oak and Disturbed Lands; soils include Bassinger Fine Sand.
Prior to development as part of the preliminary plat review an environmental analysis for wetlands,
threatened and endangered species etc., shall be required, and shall include an archeological
analysis. All issues related to the reports shall be addressed prior to construction.
Comprehensive Plan Consistency
The annexation of this site is consistent with Policy 1.8.2, which states "In order to reduce land use
conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex
all enclaves as soon as possible."
Other Matters
A Future Land Use and Zoning Map amendment shall come at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-46; annexing 20.28::1: acres of land located south of
Two Oaks Drive and north of 27th street
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-46.
PREVIOUS AGENDA ITEM:
YES
NO
X
DATE:
AGENDA ITEM NO.
'31h'-:""~. I {)'C:-_b
Robin Matusick
Paralegal
Q.~'
~""\tr
AN-0602 - Stull
2
ORDINANCE NO. 2006-0-46
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF TWO OAKS DRIVE AND NORTH OF
27TH STREET, VOLUSIA COUNTY, INTO THE CITY OF
EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
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 FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Orner and Paulette Stull, owner/applicant for annexation of property located South
of Two Oaks Drive and North of 27th Street, within Volusia County, Florida. Subject property
contains approximately 20.28 :t acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 3 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on November 8, 2006, the Board
Stl uck till ongh passages are deleted.
Underlined passages are added.
2006-0-46
1
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, 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 Edge water, 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
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
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.
StI tlck till otl~h passages are deleted.
Underlined passages are added.
2006-0-46
2
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 V olusia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion to approve by
and Second by
, the vote on the first reading of this ordinance held on December
4, 2006, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra 1. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
Stltlck tIIIOUgI. passages are deleted.
Underlined passages are added.
2006-0-46
3
After Motion to approve by
and Second by
, the vote on the second reading/public hearing of this ordinance held on
January 8, 2007, was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 8th day of January, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
StltKk tlllough passages are deleted.
Underlined passages are added.
2006-0-46
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 8th day of
January, 2007 under Agenda Item No. 6_.
4
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
The East Y:z of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34
East, Volusia County, Florida
Containing 20.28 :!:. acres more or less.
Stl t1.:.k t1uotlgh passages are deleted.
Underlined passages are added.
2006-0-46
5
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AGENDA REQUEST
Date: April 3. 2007
PUBLI C
HEARING April 16. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1st Reading - Ordinance No. 2007-0-09
Jason Gambone, requesting an amendment to
the Comprehensive Plan Future Land Use Map
to include property as Commercial and High
Density Residential with Conservation Overlay.
OWNER: River Club - Sea Gate Investments LLC
APPLICANT/AGENT: Jason Gambone
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include
property Commercial and High Density Residential with Conservation Overlay.
PROPOSED USE: Residential condominiums and commercial
LOCATION: South of Oak Street, east of US Highway 1 and west of the Indian River.
AREA: High Density Residential = 35.89:1: acres
Commercial = 5.98:!: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Medium Intensity
ZONING DISTRICT: Volusia County - MH-1 (Mobile Home Park) and MH-5 (Urban Mobile Home)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant and Volusia County - Urban Volusia County- MH-5 (Urban
Manufactured Medium Intensity Mobile Home)
Homes
East Indian River Water Volusia County - RCW (Resource
Corridor)
South Vacant and Single Volusia County - Urban Low Volusia County - B-4W (General
Family Residential Intensity Commercial) and R-3W (Urban
Single Family Residential)
West Vacant Low Density Residential RPUD (Residential Planned Unit
Development)
Background
This property is located south of Terra Mar Village, a manufactured home development. It was annexed
into the city on June 6, 2005. The applicant is proposing to develop the property with 14-condominum
CP A-06 \3 - River Club
complexes with a total of 432 residential units.
At their regular meeting of October 11, 2007 the Planning and Zoning Board voted to send an
unfavorable recommendation to City Council for this request.
Land Use Compatibility
This property is surrounded by low to medium density residential development. The proposed
Future Land Use of High Density Residential (maximum 12 units/acre) and Commercial is not
consistent with the existing surrounding usage of Low to Medium Density Residential.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US
Highway 1. The City of Edgewater has verified that potable water via a 12-inch water main is
available along U.S. 1 and that sufficient water capacity exists for this project.
Natural Environment
An environmental analysis must be submitted to and approved by the City prior to anyon-site
development.
Comprehensive Plan Consistency
Policy 1.5.5 of the Comprehensive Plan Future Land Use Element states that "Higher density residential
development shall be designated for areas adjacent to more intensive land uses such as Commercial and
Light Industrial. Where feasible, visual buffering shall be utilized to reduce any negative effects on the
residents of such development." The highest density adjacent to the subject property is Volusia County
Urban Medium Intensity, which allows up to eight (S) dwelling units per acre.
Volusia County - Urban Medium Intensity
Areas that contain residential development at a range of 4.1 to S dwelling units per acre. The types of
housing typically found in areas designated urban medium intensity include single family homes,
townhouses and low-rise apartments.
This category may allow neighborhood business areas (See Shopping Center definition in Chapter 20)
and office development that meet the Comprehensive Plan's location criteria. The commercial intensity
should be limited in a manner to be compatible with the allowable residential density. In order to be
considered compatible, the commercial development should reflect similar traffic patterns, traffic
generation, building scale, landscaping and open space, and buffers. High
intensive commercial use, other than neighborhood business areas shall be reserved to areas designated
for Commercial.
All requests for non-residential uses within 't.I mile of another jurisdiction shall require notification to
that jurisdiction.
Citv of Edgewater - Commercial
The commercial land use category consists of a variety of retail and office uses; such as, medical facilities,
shopping centers, restaurants, automobile service facilities and similar uses. Typical neighborhood and
highway service areas are allowed to build up to a maximum floor area ratio (FAR) of 0.30. Tourist
commercial areas can build up to a maximum 0.50 FAR.
The majority of commercial development within the City of Edgewater is located along US 1 in a strip
pattern. The area contains restaurants, convenience goods stores and neighborhood centers. Another
corridor of commercial development which has emerged is adjacent to the FEC Railroad within the
Florida Shores Subdivision.
In 2000, there were 210 acres of commercially developed lands in the City. These developed lands
represent only three percent of the total acreage in Edgewater and 3.7% percent of all developed lands.
City of Edgewater - High Density Residential
(S.l to 12 units per acre) This residential category typically includes townhouses and multi-family
housing at densities between eight (S) and twelve (12) acres.
CP A-0613 - River Club
2
Citv of Edgewater - Conservation Overlav
The Conservation Overlay area shown on the Future Land Use Map (FLUM) is intended to protect areas
that may potentially contain protected wildlife habitat areas, hydric soils/wetlands, mangrove swamps,
estuarine marsh ecotone, freshwater marshes, special vegetative communities. Included within the
Conservation Overlay definition are areas within a public water well radius of 500 feet, within the 100-
year floodplain, and other areas subject to environmental or topographic constraints. The area
designated as Conservation Overlay on the FLUM is not intended to prevent development, but rather
identify sensitive areas that need to be reviewed carefully during the review process to determine
whether development should be permitted or if some form of mitigation may be necessary. If the areas
are determined not to be sensitive, than the underlying land use development density and/or intensity
will be applicable.
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Due to the proposed density not being compatible with the surrounding existing uses and the Planning
and Zoning Board recommendation of denial, staff recommends denial of Ordinance No. 2007-0-09;
amending the Comprehensive Plan Future Land Use Map to include land located south of Oak Street,
east of US Highway 1 and west of the Indian River as Commercial and High Density Residential.
ACTION REQUESTED
Motion to deny Ordinance No. 2007-0-09, due to the proposed density not being compatible with the
surrounding existing uses and the Planning and Zoning Board's recommendation of denial.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
/
~~
Robin Matusick
Paralegal
on C. Williams
ity Manager
~
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I
Darren/Lear
Development Services Director
CP A-0613 - River Club
3
ORDINANCE NO. 2007-0-09
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY COMPRISING A TOTAL OF 41.87:!::
ACRES LOCATED SOUTH OF OAK STREET, EAST OF US
HIGHWAY NO. 1 AND WEST OF THE INDIAN RIVER,
EDGEW A TER, FLORIDA AS COMMERCIAL (5.98:!: ACRES)
AND HIGH DENSITY RESIDENTIAL (35.89:!: ACRES) WITH
CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION, HOLDING PUBLIC HEARINGS,
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEP ARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOL USIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEP ARTMENT OF TRANSPORT A TION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
WHEREAS, a Public Hearing on the question of designating a future land use classification
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
and Rule 9J-l1, F.A.C.
#2007-0-09
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WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2005),
on Wednesday, October 11, 2006, on the proposed Plan Amendment and following that Public
Hearing voted to send an unfavorable recommendation to the City Council regarding the
aforesaid Amendment to the City's 2003 Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT.
Article I, Section 21-04 of the City of Edgewater' s Land Development Code, as amended
and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, and
regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be
amended by this plan map amendment to: Amend the Official Future Land Use Map to include
property as Commercial and High Density Residential with Conservation Overlay for property
described in Exhibits "A" and "B".
PART B.
PUBLICATION.
Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in
the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2005). The City Council shall hold at least
TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment. The first
publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal
Hearing). 163.3184 ( 15) (b) 1., Fla. Stat. (2005). The second publication shall appear at least FIVE
#2007-0-09
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2
(5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2., Fla. Stat.
(2005). The required advertisement shall be no less than two columns wide by TEN inches (10")
long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall be no
smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2005). The advertisement shall
substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2007-0-09
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY COMPRISING A TOTAL OF 41.87:t
ACRES LOCATED SOUTH OF OAK STREET, EAST OF US
HIGHWAY NO. 1 AND WEST OF THE INDIAN RIVER,
EDGEW A TER, FLORIDA AS COMMERCIAL (5.98:t ACRES)
AND HIGH DENSITY RESIDENTIAL (35.89:t ACRES) WITH
CONSERV A TION OVERLAY; PROVIDING FOR
PUBLICATION, HOLDING PUBLIC HEARINGS,
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENT AL PROTECTION, THE FLORIDA
#2007-0-09
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3
DEPARTMENT OF TRANSPORT A TION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COpy OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will
be held on April 16, 2007 at 7:00 p.m. at the Community Center, 102 N. Riverside Drive,
Edgewater, Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit "B")
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2005).
PART C.
PUBLIC HEARINGS.
As a condition precedent to the adoption of this ordinance amending the City's 2003
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2005). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D.
TRANSMITTAL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
#2007-0-09
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4
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team, and all other items specified to be
transmitted in accordance with Rule 9J-ll.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the
S1. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2005) and Rule 9J-l1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St.
Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2005) &
Rule 9J-l1.011 (3), F.A.C.
PART E.
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 F.
EFFECTIVE DATE.
This ordinance shall become effective upon its final adoption; and either the Department of
Community Affairs entering a final order finding this Comprehensive Plan Amendment in
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5
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance and certification of consistency
from the V olusia Growth Management Commission.
PARTG.
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, property, or
circumstance.
PART H. ADOPTION.
After Motion to approve/deny by
and Second by
, the vote on the first reading of this ordinance held on April 16, 2007 is as
follows:
AYE NAY
Mayor Mike Thomas
Councilman Debra 1. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
#2007-0-09
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6
During the July 16, 2007 Council meeting a Motion to approve/deny was made by
with Second by
, the vote on the second reading
of this ordinance is as follows:
AYE NAY
Mayor Mike Thomas
Councilman Debra 1. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 16th day of July, 2007.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of July, 2007 under Agenda Item No. 7
#2007-0-09
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7
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
River Club - Commercial (Parcel "A")
A Portion Of The South 970.0 Feet Of The North 2873.6 Feet Of Lot 3, Assessor's Subdivision Of
C.E. Mchardy Grant, In Sections 37 And 38, Township 10 South, Range 34 East And Township 18,
South, Range 35 East, According To Plat Thereof Recorded In Map Book 3, Page 152 Of The Public
Records Of Vol usia County, Florida, Including.
More Particularly Described As Follows:
Beginning At The Northwest Corner Of Lot 3, Block 1 (One) Of Water Front Park As Recorded In
Map Book 11, Page 251 Public Records Of V olusia County, Florida, Said Point Being The Point Of
Beginning; Thence North 18034'40" West Along The East Right Of Way Of U.S. Highway #1, A
Distance Of 854.04 Feet To The Point Of Curvature Of A Curve Westerly Having A Radius Of
5827.65 Feet And, A Central Angel Of 00008' 12"; Thence Northerly Along The Arc Of Said Curve
To The Left; A Distance Of 13.90 Feet To A Point 100.00 Feet South Of The Centerline Of River
Pak Boulevard As Shown On The Corrected Plat Of River Park Mobile Home Colony Section 1
(One) As Recorded In Map Book 28, Page 4 Of The Public Records Of Vol usia County Florida;
Thence North 68044'20" East Along A Line Parallel To Said Boulevard A Distance 0f300.25 Feet
To The West Line Of Lot l-C As Shown On Said Corrected Plat Of River Park Mobile Home
Colony Section 1; Thence South 18034'40" East Along The West Line Of Lots l-C, 119, 120, 121,
122 And A Southerly Prolongation Of Said Line For A Distance Of868.06 Feet To A Point On The
North Line Of Lot 1 (One) Block 1 (One) Of Water Front Park As Recorded In Map Book 11 Page
231 Public Records Of Vol usia County, Florida; Thence South 68045'58" West Along The North
Line Of Said Water Front Park A Distance Of300.23 Feet To The Point Of Beginning.
Said Parcel Containing 5.98 Acres, More Or Less.
River Club - Residential (Parcel "B")
A Portion Of The South 970.0 Feet To The North 2872.6 Feet Of Lot 3, And A Portion Of The
South 970.0 Feet Of The North 1940.0 Feet Of Lot 7, And A Portion Of The South 970.0 Feet Of
The North 2090.0 Feet Of Lot 11, Assessor's Subdivision OfC.E. Mchardy Grant, In Sections 37
And 38, Township 18, South, Range 34 East And Township 18 South, Range 35 East, According
To Plat Thereof Recorded In Map Book 3, Page 152 Of The Public Records Of Vol usia County,
Florida Including All Riparian And Littoral Rights Thereunto.
#2007-0-09
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8
More Particularly Described As Follows:
Commence At The Northwest Comer Of Lot 3, Block 1 (One) Of Water Front Park As Recorded
In Map Book 11, Page 251 Public Records Of Vol usia County, Florida, Thence North 68045'58"
East Along The Northerly Line Of Lot 3 And Lot 1 Block 1 (One) Of Water Front Park As Recorded
In Map Book 11, Page 251 Public Records Of V olusia County, Florida, A Distance 0f300.23 Feet
To The Point Of Beginning; Thence North 18034'40' West, A Distance Of 506.15 Feet; Thence
North 42043 '20" East A Distance Ofl14.00 Feet; Thence North 18034'40" West A Distance Ofl.53
Feet To The South Right Of Way Line Of Oak Street As Recorded In Said Plat Of River Park
Mobile Home Colony Section 1; Thence North 68044'20" East Along South Right Of Way Line
And A Easterly Prolongation Thereof For A Distance Of 1250.14 Feet; Thence North 18034'40"
West, A Distance Of 150.28 Feet To The Southwest Comer Of The Sewer Treatment Plant Site
220.24 Feet To The South Line Of The Drainage Canal Right Of Way As Shown On Said Plat Of
River Run Park Mobile Home Colony Section 1; Thence North 68044'20" East Along Said South
Line, A Distance Of 827.85 Feet To The Westerly Bank OfIndian River North, Thence Southerly
Along Said Westerly Bank The Following Course And distances; South 50046'50" East, A Distance
Of42.21 Feet; Thence South 13008'00" East A Distance Of36.19 Feet; Thence South 11047'30"
West, A Distance Of68.22 Feet; Thence South 39025'19" East, A Distance Of77.83 Feet; Thence
South 32059'18" East, A Distance Of 150.02 Feet; Thence South 24034'01" East; A Distance Of
154.23 Feet; Thence South 13006'28' West For A Distance Of2.35 Feet To A Point On The North
Line Of Lot 1 (One) Of Water Front Park Unit No.2 As Recorded In Map Book 8, Page 228 Public
Records Of Vol usia County, Florida, Thence South 68045'58" West Along The North Line Of Said
Water Front Park Unit No.2 And The Aforesaid Water Point Park A Distance Of2,233.61 Feet To
The Point Of Beginning.
Said Parcel Containing 35.89::!:: acres more or less.
Total Project Containing 41.87::!:: acres more or less.
Map of subject property is reflected on Exhibit "B" and incorporated herein.
#2007-0-09
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AGENDA REQUEST
Date: April 3. 2007
PUBLI C
HEARING April 16. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1st Reading - Ordinance No. 2007-0-10
Jason Gambone, requesting an amendment to
the Official Zoning Map to include property as
B-3 (Highway Commercial) and RPUD
(Residential Planned Unit Development) and
approval of the Associated RPUD Agreement.
OWNER: River Club - SeaGate Investments LLC
APPLICANT/AGENT: Jason Gambone
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3 (Highway
Commercial) and RPUD (Residential Planned Unit Development).
PROPOSED USE: Residential Condominiums and commercial
LOCATION: south of Oak Street, east of US Highway 1 and west of the Indian River.
AREA: RPUD = 35.89:f: acres
B-3 = 5.98:f: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Medium Intensity
ZONING DISTRICT: Volusia County - MH-l (Mobile Home Park) and MH-5 (Urban Mobile Home)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desi~nation Zonin~ District
North Vacant and Volusia County - Urban Volusia County- MH-5 (Urban
Manufactured Medium Intensity Mobile Home)
Homes
East Indian River Water Volusia County - RCW (Resource
Corridor)
South Vacant and Single Volusia County - Urban Low Volusia County - B-4W (General
Family Residential Intensity Commercial) and R-3W (Urban
Single Familv Residential)
West Vacant Volusia County - Urban Low Volusia County - A-3
Intensity (Transitional Agriculture)
Background
This property is located south of Terra Mar Village, a manufactured home development. It was annexed
RZ-0611 - River Club
into the city on June 6,2005. The applicant is proposing to develop the property with 14-condominum
complexes with a total of 432 residential units. The maximum building height proposed is 90-feet. The
Land Development Code adopted by City Council on September 11, 2006 allows for a maximum height of
35-feet in the RPUD zoning district.
At their regular meeting on October 11, 2006 the Planning and Zoning Board voted to send an
unfavorable recommendation to City Council. Although Staff and the Planning and Zoning Board have
recommended denial, the developer has asked for City Council to hear this request.
Land Use Compatibility
The property to the north is a manufactured home subdivision which has a maximum height limit of35-
feet; the property to the south is vacant and single family residential with a maximum height of 45-feet
and 35-feet respectively. Therefore, the addition of 70-90 foot tall buildings is not consistent with
adjacent properties, the Land Development Code or the City Charter, which requires a maximum height
of 35-feet.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway
1.
Natural Environment
An environmental analysis must be submitted to and approved by the City prior to anyon-site
development.
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Due to the failure of the proposal to meet minimum standards of the Land Development Code, City
Charter and the Planning and Zoning Board's recommendation of denial, staff recommends denying
Ordinance No. 2007-0-10; amending the Official Zoning Map to include land located south of Oak Street,
east of US Highway 1 and west of the Indian River as B-3 (Highway Commercial) and RPUD
(Residential Planned Unit Development) as well as denial of the associated RPUD Agreement.
ACTION REQUESTED
Motion to deny Ordinance No. 2007-0-10 due to the considerable number of inconsistencies with the
Land Development Code and the Planning and Zoning Board's recommendation of denial.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~~;tf}1'I;'G
Robin Matusick
Paralegal
~
"'0
Darren Lear
Development Services Director
RZ-0611 - River Club
2
ORDINANCE NO. 2007-0-10
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 41.87:!: ACRES LOCATED SOUTH OF
OAK STREET, EAST OF US HIGHWAY NO.1 AND WEST OF
THE INDIAN RIVER, EDGEWATER, FLORIDA; FROM
COUNTY MH-l (MOBILE HOME PARK) AND MH-5 (URBAN
MOBILE HOME) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR 5.98:!: ACRES AND RPUD (RESIDENTIAL PLANNED
UNIT DEVELOPMENT) FOR 35.91:!: ACRES; AUTHORIZING
THE MAYOR TO EXECUTE THE PLANNED UNIT
DEVELOPMENT (PUD) ZONING AGREEMENT FOR THE
RIVER CLUB SUBDIVISION PLANNED UNIT
DEVELOPMENT; AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF EDGEW A TER; 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. Jason Gambone, agent/applicant on behalf of River Club - SeaGate Investments, LLC,
owners of property located South of Oak Street, East of US Highway No.1 and West of the Indian
River, Edgewater, Florida. Subject property contains a total of approximately 41.87 acres more or
less.
2. The owner/applicant has submitted an application for a change in zoning classification
from County MH-I (Mobile Home Park) and MH-5 (Urban Mobile Home) to City B-3 (Highway
Commercial) for 5.98:!: acres and RPUD (Residential Planned Unit Development) for 35.91:!: acres
for the property described herein.
3. On October 11, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board voted
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2007-0-10
to send an unfavorable recommendation to the City Council.
4. On April 16, 2007, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
Saturday, April 7, 2007.
5. On July 16, 2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on Thursday, July 5 ,2007, and notifying by mail
all property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
12. The City Council finds that the requested rezoning does not affect a large portion of
the public, but rather has impact on a limited number of persons or property owners.
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2007-0-10
2
13. The City Council finds that the requested rezoning is a decision contingent on a fact
or facts arrived at from distinct alternatives and that the requested rezoning decision can be
functionally viewed as policy application, rather than policy setting.
14. The City Council finds the consideration of this rezoning to be a quasi-judicial act
rather than a legislative act of the City Council.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
MH-l (Mobile Home Park) and MH-5 (Urban Mobile Home) to City B-3 (Highway Commercial)
for 5.98:t acres and RPUD (Residential Planned Unit Development) for 35.91:t acres, pursuant to
the associated Planned Unit Development (PUD) Agreement for the River Club Subdivision
(attached hereto and incorporated as Exhibit "B").
The following described real property all lying and being in the County of V olusia
and State of Florida.
River Club - Commercial (Parcel "A")
A Portion Of The South 970.0 Feet Of The North 2873.6 Feet Of Lot 3, Assessor's
Subdivision Of C.E. Mchardy Grant, In Sections 37 And 38, Township 10 South,
Range 34 East And Township 18, South, Range 35 East, According To Plat Thereof
Recorded In Map Book 3, Page 152 Of The Public Records Of Volusia County,
Florida, Including.
More Particularly Described As Follows:
Beginning At The Northwest Corner Of Lot 3, Block 1 (One) Of Water Front Park
As Recorded In Map Book 11, Page 251 Public Records Of V olusia County, Florida,
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2007-0-10
3
Said Point Being The Point Of Beginning; Thence North 18034' 40" West Along The
East Right Of Way Of U.S. Highway #1, A Distance Of 854.04 Feet To The Point
Of Curvature Of A Curve Westerly Having A Radius Of 5827.65 Feet And, A
Central Angel Of 00008' 12"; Thence Northerly Along The Arc Of Said Curve To
The Left; A Distance Of 13.90 Feet To A Point 100.00 Feet South Of The Centerline
Of River Pak Boulevard As Shown On The Corrected Plat Of River Park Mobile
Home Colony Section 1 (One) As Recorded In Map Book 28, Page 4 Of The Public
Records Of Vol usia County Florida; Thence North 68044'20" East Along A Line
Parallel To Said Boulevard A Distance 0f300.25 Feet To The West Line Of Lot l-C
As Shown On Said Corrected Plat Of River Park Mobile Home Colony Section 1;
Thence South 18034' 40" East Along The West Line Of Lots l-C, 119, 120, 121, 122
And A Southerly Prolongation Of Said Line For A Distance Of 868.06 Feet To A
Point On The North Line Of Lot 1 (One) Block 1 (One) Of Water Front Park As
Recorded In Map Book 11 Page 231 Public Records Of Vol usia County, Florida;
Thence South 68045'58" West Along The North Line Of Said Water Front Park A
Distance Of300.23 Feet To The Point Of Beginning.
Said Parcel Containing 5.98 Acres, More Or Less.
River Club - Residential (Parcel "B")
A Portion Of The South 970.0 Feet To The North 2872.6 Feet Of Lot 3, And A
Portion Of The South 970.0 Feet Of The North 1940.0 Feet Of Lot 7, And A Portion
Of The South 970.0 Feet Of The North 2090.0 Feet Of Lot 11, Assessor's
Subdivision Of C.E. Mchardy Grant, In Sections 37 And 38, Township 18, South,
Range 34 East And Township 18 South, Range 35 East, According To Plat Thereof
Recorded In Map Book 3, Page 152 Of The Public Records Of Volusia County,
Florida Including All Riparian And Littoral Rights Thereunto.
More Particularly Described As Follows:
Commence At The Northwest Corner Of Lot 3, Block 1 (One) Of Water Front Park
As Recorded In Map Book 11, Page 251 Public Records Of V olusia County, Florida,
Thence North 68045'58" East Along The Northerly Line Of Lot 3 And Lot 1 Block
1 (One) Of Water Front Park As Recorded In Map Book 11, Page 251 Public
Records Of Volusia County, Florida, A Distance Of 300.23 Feet To The Point Of
Beginning; Thence North 18034'40' West, A Distance Of506.15 Feet; Thence North
42043'20" East A Distance Of 114.00 Feet; Thence North 18034'40" West A
Distance Of 1.53 Feet To The South Right Of Way Line Of Oak Street As Recorded
In Said Plat Of River Park Mobile Home Colony Section 1; Thence North 68044'20"
East Along South Right Of Way Line And A Easterly Prolongation Thereof For A
Distance Of1250.14 Feet; Thence North 18034'40" West, A Distance Of150.28 Feet
StWGk tluol1gh passages are deleted.
Underlined passages are added.
2007-0-10
4
To The Southwest Comer Of The Sewer Treatment Plant Site 220.24 Feet To The
South Line Of The Drainage Canal Right Of Way As Shown On Said Plat Of River
Run Park Mobile Home Colony Section 1; Thence North 68044 '20" East Along Said
South Line, A Distance Of 827.85 Feet To The Westerly Bank Of Indian River
North, Thence Southerly Along Said Westerly Bank The Following Course And
distances; South 50046'50" East, A Distance Of42.21 Feet; Thence South 13008'00"
East A Distance Of36.19 Feet; Thence South 11047'30" West, A Distance Of68.22
Feet; Thence South 39025' 19" East, A Distance Of 77.83 Feet; Thence South
32059'18" East, A Distance Of 150.02 Feet; Thence South 24034'01" East; A
Distance Of 154.23 Feet; Thence South 13006'28' West For A Distance Of2.35 Feet
To A Point On The North Line Of Lot 1 (One) Of Water Front Park Unit No.2 As
Recorded In Map Book 8, Page 228 Public Records Of Volusia County, Florida,
Thence South 68045'58" West Along The North Line Of Said Water Front Park Unit
No.2 And The Aforesaid Water Point Park A Distance Of 2,233.61 Feet To The
Point Of Beginning.
Said Parcel Containing 35.89:!:: acres more or less.
Containing a total of 41.87:!:: acres more or less.
Map of subject property is reflected on Exhibit "A", and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Development Services Director 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,
Shtick tIuotlgh passages are deleted.
Underlined passages are added.
2007-0-10
5
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 E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion to approve/deny by
and Second by
, the vote on the first reading of this ordinance held on April 16, 2007, was
as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
St. tick till otlgh passages are deleted.
Underlined passages are added.
2007-0-10
6
After Motion to approve/deny by
and Second by
, the vote on the second reading/public hearing of this ordinance was as
follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 16th day of July, 2007.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of July, 2007 under Agenda Item No. 7_.
Stl tKk till ou~11 passages are deleted.
Underlined passages are added.
2007-0-10
7
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'to., PARKING CALCULATIONS:
L>., - 00'08'12"
R - 5827.65'
L - 13.90'
IMPERVIOU~ SURFACE AREA: 10.05 ACs. (28%)
IMPERVIOUS SURFACE AREA
WITHIN 100 FT. OF MEAN HIGH
WATER UNE: 0.60 ACs, (24%) OF 2.50 ACs,
REQUIRED PARKING
432 UNITS X 1.5 PARKING SPACES PER UNIT 648
+ 32
(+5% .FOR VISITORS)
TOTAL PARKING SPACES REQUIRED
= 680
PARKING PROVIDED
36 SPACES UNDER EACH BUILDING
504
SURFACE PARKING SPACES
+ 176
TOTAL PARKING PROVIDED = 680
SITE DATA:
TOTAL AREA: 35.91 ACs.
RETENTION AREA: 5.71 ACs.(16%)
TOTAL WETLAND AREA: 3.40 ACs.( 9%)
WETLAND IMPACT AREA: 0,01 ACs.
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THIS INSTRUMENT PREPARED BY:
Paul Rosenthal, Esquire
Foley & Lardner, LLP
111 N. Orange Avenue, Suite 1800
Orlando FL 32801-2386
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW A TER
P.O. Box 100
Edgewater FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
THIS AGREEMENT is made and entered into this day of day of
, 2007 by and between, the CITY OF EDGEW A TER, 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 RIVER CLUB - SEAGATE INVESTMENTS
LLC, owner whose address is 185 Cypress Point Parkway, Palm Coast, Florida 32164, (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 35.91:1: acres located south of Oak
Street, between US Highway1 and the Indian River in Edgewater, Vo1usia County, Florida. The
legal description of the property is attached hereto as Exhibit "A" - Legal Description. The
record owner of the subject property is River Club - SeaGate Investments, LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of River Club, as defined by the Master Plan, dated March 2Q06
River Club
(Exhibit "B" included herein), within one (1) year of required permit approval for this project,
or within eighteen (18) months of the effective date of this Agreement. Developer's failure to
initiate construction within one (1) year may result in the City's termination of the Agreement.
The City, at its sole option, may extend the duration of this Agreement. This development must
be consistent with the Master Plan and must be approved by City Council prior to
commencement of any authorized work. Final approval shall include, but not be limited to
utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste
containment, and planning elements.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this
Agreement and in accordance with the City of Edgewater's current Land Development Code.
The Developer further agrees that all development will be consistent with the River Club Master
Plan dated March 2006 (Exhibit "B"). River Club shall be developed consistent with the City's
Land Development Code procedures. Final project approval may be subject to change based
upon final environmental, permitting, and planning considerations. Use of the property will be
as follows:
A. Average Lot SizelUnit Count
River Club shall not exceed a total of 432 multi-family dwelling units. Based on Final
Subdivision Plan approval, the total number of units may vary but the maximum residential units
allowed for the River Club shall not exceed 12 gross dwelling units per total acreage or a total of
432 units.
No lot will exceed a maximum building coverage of 30% with a maximum impervious
coverage of30%.
B. Minimum House Square Footage
The minimum gross house square footage shall be at least 1,000 square feet living area
under air.
Minimum Setbacks:
Perimeter Setback - 50-feet reduced to 25-feet along drainage canal
Mean High Waterline - 50-feet
Building Separation - 25-feet
Internal roadways/driveways - 25-feet from back of curb
River Club
2
Building Height -
90-feet comprised of seven (7) stories over parking for buildings
fronting the Indian River;
70-feet comprised of five (5) stories over parking for other
buildings.
C. Roads
River Club shall have a direct connection to US Highwayl. This connection may be
through either an easement or a right-of-way. Rights-of-way shall be a minimum of fifty-feet
(50') in width. Driveways or roads shall have a minimum pavement width of twenty-four feet
(24').
D. Stormwater Management
The retention pond(s) will meet the requirements for the St. Johns River Water
management District and the City of Edgewater Land Development Code. The pond(s) are to be
owned and maintained by the HOA. Developer is required to provide and outfall to a publicly
owned drainage conveyance system, and obtain an off-site drainage easement if necessary.
E. Signage
River Club is permitted to have a maximum of two (2) entry signs. One shall be located
off-site near the intersection of US Highway 1 and the entry road/driveway and a second shall be
located at the gated entrance. The maximum area for each sign face, which shall be measured by
outlining a perimeter around the letters and logo, shall not exceed forty-eight (48) square feet for
a total combined sign area of ninety-six (96) square feet.
F. Trees
Trees shall be 2 W' in diameter, measured 6" above the soil line and shall be of a variety
listed in Exhibit "C" - Trees. A tree survey shall be provided prior to construction plan
approval. Each lot shall have a tree survey prior to the issuance of a building permit. The
purpose of the tree survey shall be to determined be to determine the number of specimen and
historic tree and to determine the tree mitigation requirements. The development shall meet all
tree requirements as defined in the Land Development Code.
Statistical tree survey information may be considered at the discretion of the
Development Services Director. However, such statistical surveys shall be limited to sites
containing an overstory consisting predominantly of tress uniform in age, species and
River Club
3
distribution, which do not contain speCImen or historic tress. Statistical surveys must be
conducted in compliance with accepted forestry practices.
The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
G. Entrance to Subdivision.
The entrance shall be attractively designed with signage, a wall, and landscaping. The
way may be a maximum of six (6) feet and be located along the front and side property lines.
H. Model Homes and Temporary Offices
A maximum of eight (8) units are designated for use as potential models or temporary
sales offices. A model home may be used as a sales office from the time the first multi-family
building obtains a certificate of occupancy until such time as the last I building's units are closed.
Temporary structures, such as trailers, recreational vehicles, and the like may be permitted as
temporary sales office while the first multi-family building is under construction. Such
temporary offices shall only be permitted for an interim period not to exceed sixty (60) days or
until completion of the first multi-family building, whichever occurs first.
Model units in multi-family buildings shall only be allowed upon compliance with the
following requirements:
(a) Provision for fire protection, including testing and approval of the water
system by the Florida Department of Environmental Protection (FDEP), in
on-site hydrants are required to service the area where the proposed models
will be constructed.
(b) Construction of access roads to the model units prior to building permit
issuance, to the extent necessary to allow sufficient access by City vehicles
for inspections.
(c) Permanent utility connections cannot be made until the sanitary sewer system
has been completed and certified to FDEP.
Additional requirements, restrictions and conditions may be imposed by the City to
address specific site or project concerns. A certificate of completion issued as provided in the
Standard Building Code shall be deemed to authorize limited occupancy of model homes.
River Club
4
Flags or insignias which read "model", "open", "open house" or any other phrase which
identifies property for real estate purposed may be displayed in the following locations and
numbers. The maximum height of such flags shall be eight feet (8') with a maximum size of
fifteen (15) square feet.
1. Declaration of Covenants, Conditions and Restrictions
The Declaration of Condominium will be recorded in the public records of V olusia
County within the time required by state law.
J. Boat Facilities
Docks, boat storage, and a boat ramp are permissible uses provided permits from
applicable agencies are obtained.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for River Club is High Density Residential with
Conservation Overlay. The zoning designation for River Club shall be RPUD (Residential
Planned Unit Development) as defined in the City Land Development Code. The City of
Edgewater's permitted uses for RPUD (Residential Planned Unit Development) are applicable to
the development of the property and consistent with the adopted Comprehensive Plan/Future
Land Use Map.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to and utilize the City's water distribution system. All water man
distribution system improvements, whether on-site or off-site, 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.
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
City and dedicated to the City prior to or at the time of platting or final site plan approval,
whichever is applicable.
C. If the City adds a project to its adopted 5-year Capital Improvements Program to
make reclaimed water available on US Highwayl at the project entrance prior to site plan
approval, then the developer shall install piping for future reclaimed water service.
River Club
5
D. Developer agrees to provide on and off-site current and future utility and drainage
easements for drainage and utility service consistent with this provision.
E. All electrical services will be underground.
F. Roadway improvements and all associated common tracts, easements, or right-of-
ways shall be dedicated to the Condominium Association at the time of final plat or final site
plan approval whichever is applicable.
G. Off-site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes, signalization) are the developer's responsibility and
shall meet all City, County and/or State requirements and approval.
H. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - Pay 100% of the applicable impact fees to the City by applicant at the
time permit application is signed by the City, thereby reserving requisite water
capacity.
Sewer - Pay 100% of the applicable impact fees to the City by applicant at the
time permit application is signed by the City, thereby reserving requisite sewer
capacity.
Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit
application.
Roads - Paid to City by applicant at the time of Building Permit Application.
V olusia County Impact Fees for Roads and Schools - Paid at City Hall by
applicant to include, but not be limited to, local road impact fee, County road
impact fee, 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.
I. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
J. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
K. Developer agrees to reimburse the City of Edgewater for direct costs associated with
the legal review, engineering review, construction inspections of required infrastructure
River Club
6
improvements and the reVIew and approval of the final plat related to the River Club
development.
L. The developer shall provide all public facilities to support this project including the
following:
River Club
1.
2.
3.
4.
Water Distribution System including fire hydrants.
Sewage Collection and Transmission System.
Stormwater collection/treatment system, including outfall system.
Piping for future reclaimed water ~ervice if condition noted in Section 5.
Public Facilities Part "C" is met.
Provide all required pavement marking and signage (stop signs, road signs,
etc) within the Subdivision. All signage shall comply with Florida
Department of Transportation (FDOT) standards.
Developer is responsible for costs of recording the plat upon approval by
the City of Edgewater.
Bonds - A Performance Bond may be accepted by the City and shall be
110% of the costs of all remaining required improvements. A Maintenance
Bond equal to 10% of the cost of the infrastructure improvements shall be
provided to the city prior to recording the Final Plat. The Maintenance
Bond shall be in effect for a two (2) year period.
Sidewalks shall be constructed on both sides of the
streets/roadways/driveways and have a minimum width of four feet (4')
and shall be constructed prior to issuance of a Certificate of Occupancy on
each building. This requirement may be waived in certain areas to avoid
impacts to wetlands and upland buffers. Developer shall provide a bond or
surety in a form acceptable to the City in the amount of $10.00 per lineal
foot for two (2) years. If sidewalks are not completed within two (2) years,
the developer will install the remaining sidewalks.
Streetlights shall be reflected in the Declaration of Covenants and
Restrictions, and maintained by the Homeowners Association and be
installed by the Developer at time of installation of the infrastructure or
prior to the Certificate of Occupancy issuance for the first dwelling unit.
5.
6.
7.
8.
9.
7
M. Recreational Facilities
A community recreational area and facilities shall be constructed by the developer and
maintained by the Condominium Association.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined in
the Agreement after having determined it is not contrary to the city of Edgewater Comprehensive
Plan and Land Development Code and is compliant with all concurrency requirements set forth
in said documents.
7. DEDICATION OF LAND FOR PUBLIC USE
The Developer shall convey to the City of Edgewater, by warranty deed and title
insurance free and clear of all liens and encumbrances, all roadway right of ways and all utility
easements as required. River Club has designated 9:1: acres as open space, to be maintained by
the Condominium Association.
8. PERMITS REQUIRED
The developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health, St. Johns River Water Management District, Army Corps of
Engineers, and Florida Fish and Wildlife Conservation Commission.
2. City of Edgewater - Rezoning, Subdivision Plat approval, Subdivision
Construction Plan approval, all applicable clearing, removal, construction and
building permits.
3. This site may require a Vo1usia County Environmental Permit.
4. 100-year flood elevation for this site is seven (7) feet; minimum finished floor
elevation shall be eight (8) feet.
9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Develop 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
River Club
8
with specific reference to the ordinance provisions so waived, or as expressly provided for in this
Agreement.
Developer shall establish a mandatory Condominium Association (COA) for the purpose
of maintaining the property and enforcing applicable covenants and restrictions. The mandatory
COA will also be responsible for the streetlight requirements that result from the project
including payment to Florida Power and Light for installation, maintenance and power
consumption and the maintenance of the stormwater areas within the River Club common area
tracts as depicted on the plat. The COA 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.
10. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other
requirements determined to be necessary by the City for the public health, safety, or welfare of
its citizens.
11. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement,
the Developer shall file a written appeal to the City Manager. After receiving the written appeal,
the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot
resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the
City Council is the final authority concerning this Agreement.
12. PERFORMANCE GUARANTEES
During the term of this Agreement regardless of the ownership of the Property, the
Property shall be developed in compliance with the terms of this Agreement and applicable
regulations of the City not inconsistent with, or contrary to, this Agreement.
13. BINDING AFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the land subject to this Agreement or any portion thereof and shall run with the land
and shall be administered in a manner consistent with the laws of the State of Florida.
River Club
9
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good
faith compliance with the terms of this Agreement. If the City finds on the basis on competent
substantial evidence that there has been a failure to comply with the terms of this Agreement, the
Agreement may be revoked or modified by the City.
16. APPLICABLE LAW
This Agreement and provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence of the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment. Substantial changes, as determined by the City Manager,
shall require City Council approval.
The Master Plan (Exhibit "B") is conceptual. Design changes to driveway/parking
layouts, building footprints, and pond shapes are expected as more detailed planning,
environmental, engineering, and architectural work is completed. Provided that these changes
meet the standards in this agreement, they may be approved as part of the site plan review and
approval process and do not constitute a substantial change that requires a formal amendment to
this agreement.
19. FURTHER DOCUMENTATION
The parties agree that at anytime 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
River Club
10
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance.
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other
party to enforce any provision of this Agreement or because of a breach by the other party of any
terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable
attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and
appellate levels, including bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is prosecuted to judgment.
22. COUNTERP ARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any
reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding shall not affect
the validity of the remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
River Club
II
ATTEST:
Susan J. Wadsworth
City Clerk
Witnessed by:
Signed, sealed and delivered in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA
By:
Michael L. Thomas
Mayor
Robin L. Matusick
Paralegal
River Club - SeaGate Investments, LLC
By:
Robert Gazzoli, Managing Member
2007, by
The foregoing instrument was acknowledged before me on this _ day of
produced
not) take an oath.
, and who is personally known to me or has
as identification and who did (did
River Club
12
Notary Public
Stamp/Seal
EXHIBIT "A"
Legal Description
River Club - Residential
Legal Description (Parcel B)
A Portion Of The South 970.0 Feet To The North 2872.6 Feet Of Lot 3, And A Portion Of The
South 970.0 Feet Of The North 1940.0 Feet Of Lot 7, And A Portion Of The South 970.0 Feet Of
The North 2090.0 Feet Of Lot 11, Assessor's Subdivision OfC.E. Mchardy Grant, In Sections 37
And 38, Township 18, South, Range 34 East And Township 18 South, Range 35 East, According
To Plat Thereof Recorded In Map Book 3, Page 152 Of The Public Records Of Vol usia County,
Florida Including All Riparian And Littoral Rights Thereunto.
More Particularly Described As Follows:
Commence At The Northwest Comer Of Lot 3, Block 1 (One) Of Water Front Park As Recorded
In Map Book 11, Page 251 Public Records Of Vol usia County, Florida, Thence North 68045'58"
East Along The Northerly Line Of Lot 3 And Lot 1 Block 1 (One) Of Water Front Park As
Recorded In Map Book 11, Page 251 Public Records Of Vol usia County, Florida, A Distance Of
300.23 Feet To The Point Of Beginning; Thence North 18034'40' West, A Distance Of506.15
Feet; Thence North 42043'20" East A Distance Of 114.00 Feet; Thence North 18034'40" West A
Distance Of 1.53 Feet To The South Right Of Way Line Of Oak Street As Recorded In Said Plat
Of River Park Mobile Home Colony Section 1; Thence North 68044'20" East Along South
Right Of Way Line And A Easterly Prolongation Thereof For A Distance Of 1250.14 Feet;
Thence North 18034'40" West, A Distance Of 150.28 Feet To The Southwest Comer Of The
Sewer Treatment Plant Site 220.24 Feet To The South Line Of The Drainage Canal Right Of
Way As Shown On Said Plat Of River Run Park Mobile Home Colony Section 1; Thence North
68044'20" East Along Said South Line, A Distance Of827.85 Feet To The Westerly Bank Of
Indian River North, Thence Southerly Along Said Westerly Bank The Following Course And
distances; South 50046'50" East, A Distance Of 42.21 Feet; Thence South 13008'00" East A
Distance Of 36.19 Feet; Thence South 11047'30" West, A Distance Of 68.22 Feet; Thence South
39025'19" East, A Distance Of77.83 Feet; Thence South 32059'18" East, A Distance Of 150.02
Feet; Thence South 24034'01" East; A Distance Of 154.23 Feet; Thence South 13006'28' West
For A Distance Of2.35 Feet To A Point On The North Line Of Lot 1 (One) Of Water Front Park
Unit No.2 As Recorded In Map Book 8, Page 228 Public Records Of V olusia County, Florida,
Thence South 68045'58" West Along The North Line Of Said Water Front Park Unit No.2 And
The Aforesaid Water Point Park A Distance Of2,233.61 Feet To The Point Of Beginning.
Said Parcel Containing 35.89 Acres, More Or Less.
13
EXHIBIT "C"
TREES
Common Name Botanical Name Inches (DBH)
Elm Ulmus spp. 12 plus
Hickory Carya spp. 12 plus
Loblolly Bay Gordonia lasianthus 12 plus
Magnolia Magnolia grandiflora 12 plus
Maple Acer spp. 12 plus
Other Oak Species Quercus spp. 12 plus
Red Bay Persea borbonia 12 plus
Red Cedar Juniperus silicicola 12 plus
Swamp Bay Persea palustris 12 plus
Sweet Bay Magnolia virginiana 12 plus
Sweet Gum Liquidambar styraciflua 12 plus
Sycamore Platanus occidentalis 12 plus
Turkey Oak Quercus laevis 12 plus
Cypress Taxodium spp. 12 Plus
Sugarberry~ackberry Celtis laevigata 12 Plus
Slash Pine Pinus elliottii 18 Plus
Longleaf Pine Pinus palustris 18 Plus
River Club
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'0
AGENDA REQUEST
CM: 2007-53
Date: April 9, 2007
PUBLIC
HEARING
RESOLUTION April 16, 2007 ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Resolution No. 2007-R-04
Urging the State Legislature to reconsider the methods used to
determine changes in the State's tax code.
BACKGROUND:
As a result of the annual compounding effect of the state legislature's issuance of numerous special
interest sales tax exemptions, and the Save Our Homes Amendment passed by voters in 1992,
Florida tax laws has evolved to a point where the current state and local tax code serves neither the
interests of the general public nor the state. The current tax code is unfair to business, inequitable
between and among residents, rewards special interests and restricts the free market for real estate.
There are currently three district operational entities at work to examine the state's tax code and
propose changes thereunto as a means to correct the current deficiencies. They are:
1. The Florida Legislature
2. The Special Commission on Taxation created by Governor Bush
3. The Taxation and Budget Reform Commission (Constitutional Commission)
ST AFF RECOMMENDATION:
Staff recommends that if immediate tax relief is urgent and vital to the state's long term welfare, the
legislature revoke special interest state tax exemptions and earmark those new monies to reduce
school system property taxes across the state, providing immediate tax reduction for every tax payer.
ACTION REQUESTED:
Motion to approve Resolution No. 2007-R-04.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
1:\Iiz_ docs\agendarequests\tqaxreform041607
RESOLUTION NO. 2007-R-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA, URGING THE STATE
LEGISLATURE TO RECONSIDER THE METHODS USED
TO DETERMINE CHANGES IN THE STATE'S TAX CODE;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, the Florida Tax Law has evolved to a point where the current state and local
tax code serves neither the interests of the general public nor the state; and
WHEREAS, the current tax code is unfair to business; it is inequitable between and among
the residents; rewards special interests; and restricts the free market for real estate; and
WHEREAS, there are three distinct operational entities (Florida Legislature, Special
Commission on Taxation created by Governor Bush, and the Taxation and Budget Reform
Commission, a Constitutional Commission) working to examine the state's tax code for the purpose
of proposing changes and a means to correct deficiencies.
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1.
The City Council strongly urges the legislature and the Governor to resist new
tax policies based on the politics of immediate tax relief and to permit both the Special Commission
on Taxation created by Governor Bush and the Taxation and Budget Reform Commission to
complete their work and issue recommendations.
Section 2.
The City Council recommends that, if immediate tax relief is urgent and vital
to the state's long term welfare, the legislature revoke special interest state tax exemptions and
earmark those new monies to reduce school system property taxes across the state, providing an
2007-R-04
immediate tax reduction for every tax payer.
Section 3. The City Council urges the legislature to insure the state's public tax policy
be determined in a well thought-out manner avoiding the pitfalls of irrational decisions and political
compromises resulting in the creation of additional unforeseen consequences.
Section 4.
If any section, subsection, sentence, clause, phrase, or portion of this
Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court,
such portion of application shall be deemed a separate, distinct, and independent provision, and such
holding shall not affect the validity of the remaining portions or application hereof.
Section 5. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 6.
This resolution shall take effect immediately upon its adoption.
After Motion to approve by
the vote on this resolution was as follows:
and second by
AYE
NAY
Mayor Mike Thomas
Councilman Debra 1. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
2007-R-04
2
PASSED, APPROVED AND ADOPTED this 16th day of April, 2007.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
2007-R-04
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of April, 2007 under Agenda Item No. 7_.
3
TENT A TIVE AGENDA ITEMS
MAY 7 (items due Thur 4/26)
1) 2nd R, Ord #2007 -0-02, Bishop Wenski/Diocese of Orlando sm scale comp plan amend 9.97 acres 2310
S Ridgewood as Commercial with Conservation Overlay, cont from 4/9/07, 7D
2) 2nd R, Ord #2007-0-03, Bishop Wenski rezoning 9.97 acres as B-3 (Highway Commercial) cont
from4/9/07,7E
3) 151 R, Ord #2007-0-_, Halstead Resources sm scale comp plan amend .63 acres w of 121 W. Marion Ave
as Commercial (CP A-0607)
4) Armitage/Kayat final plat approval of Thomas Street subdivision (FP-0701)
5) David Grande site plan approval for a 27,000 sq ft shopping center at US 1 & Oak Branch Rd
MAY 21 (items due Thur 5/1 0)
1) pI R, Ord #2007-0-_, Massey - rezoning (airport area)
~
'- JUN 4 (items due no later than Thur 5/24 to make agenda - I will be on vacation the following week)
4j'
JUN 18 (items due Thur 6/07)
JUL 2 (items due Thur 6/21)
JUL 16 (items due Thur 7/05)
1) 2nd R, Ord # 2007-0-05, Peterson 19 scale comp plan amend as Low Density Residential with
Conservation Overlay (CP A-060 1) 1 R 4/16
2) 2nd R, Ord # 2007-0-06, Peterson rezoning as RPUD (RZ-060 1) 1 R 4/16
3) 2nd R, Ord # 2007-0-07, Stulllg scale comp plan amend as Low Density Residential with Conservation
Overlay (CPA-0618) 1 R 4/16
4) 2nd R, Ord # 2007-0-08, Stull rezoning as B-3 (Single-Family Residential (RZ-0616) 1 R 4/16
5) 2nd R, Ord #2007-0-09, SeagateIRiverclub 19 scale comp plan amend 35.91 acres e of US 1, s of River
Park Blvd as Comm & High Density Residential with Conservation Overlay (CPA-0613) 1 R 4/16
6) 2nd R, Ord #2007-0-10, SeaGate/River Club rezoning 41.89 acres s of Oak St, e of US 1 & wofthe Indian
River as RPUD (RZ-0611) 1 R 4/16
AUG 6 (items due Thur 7/26)
1) 2nd R, Ord #2006-0-42, Lee/Indian River Crossing rezoning 96.24 acres s of 442 e of 1-95 as BPUD (RZ-
0618) cont from 2/5/07, 7J
AUG 20 (items due Thur 8/09)
UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPART APPS RECEIVED
1) Massey - annexation (AN-~
2) Water/Reclaimed Site -lg scale comp plan amend & rezoning
3) SeaGate - Edgewater Lakes Phase II PUD Agreement
4) Restoration 442 DR! -- approx 5,000 acres
5) SeaGate - Edgewater Lakes, Phase IB & IC - amendment to PUD
6) Coastal Oaks - Haynes sm scale comp plan amend
7) Rezoning, Jones/Putnam - 1 acre @ 1155 Old Mission Road (RZ-0515)
8) Rezoning, Jones/ASD Properties - 110.66 acres - PUD (RZ-0508)
9) Hickey Residential (RZ-0505)
10) 2nd R, Ord #2006-0-17, CarderIFalcon rezoning, (RZ-0519) .24:l: acres s/w comer of Falcon Avenue &
Mariners Gate Court as R-4 (Multi-Family Residential) cont from 6/19, 6B
11) pI R, Ord. #2007-0-, 442 rezonings
12) pI R, Ord #2007-0-, Washington Park
13) Washington Park preliminary plat approval
1:\1 iz _ docs\oullines\aitems050707
Rev. 4/10/07
"""
DEVELOPMENT SERVICES (PLANNING) DEPARTMENT PROJECTS
1) Subdivision Architectural Design Standards
2) US # 1 Corridor Guidelines
3) Capital Improvement Element
4) Recreation/Open Space Element
5) Capital Improvement Plan
I :\liz_ docs\outl ines\aitems050707
Rev. 4/ 10/07