05-07-2007 - Workshop/Regular
WORKSHOP SESSION
The Edgewater City Council will hold a Workshop for an update on the City Manager's goals
for 2006/2007 at 6:00 p.m. prior to the regular scheduled Council meeting.
V oting Order
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
Mayor Thomas
Councilwoman Rogers
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
May 7, 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. APPROVAL OF MINUTES
A. Regular Meeting of February 5, 2007
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
A. Mayor Thomas proclaiming May 20-26, 2007 "National Public Works Week".
B. Police Chief Taves presenting a plaque to Randy Mumpower for "Officer of the
Quarter" .
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
All matters listed under the consent agenda are considered to be routine by the City Council
and will be acted upon by one motion. There will be no separate discussion of these items
unless discussion is desired by a member of the Council, in which case the Mayor will
remove that item from the consent agenda and such item will be considered separately.
A. Community Development Block Grant (CDBG) - staff recommending approval
of the CDBG Annual Plan Worksheet for FY 2007/2008 to use allocated funds
of$87,461 for playground equipment at our YMCA facility.
7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing, Charles Armitage and Robert Kayat requesting Final Plat
approval of a four (4) unit subdivision located west of Riverside Drive, north
of Thomas Street known as the Thomas Street Subdivision.
City Council Agenda
May 7, 2007
Page -2-
7. Public Hearings, Ordinances and Resolutions Cont.
B. Public Hearing, David Grande requesting site plan approval of a 27,000 sq. ft.
retail center located south of Silver Circle and north of Oak Branch Drive to be
known as Edgewater Pointe.
C. 2nd Reading, Ord. No. 2007-0-02, Bishop Thomas Wen ski requesting an
amendment to the Comprehensive Plan Future Land Use map to include 9.97:i::
acres of property located at 2310 S. Ridgewood Avenue as Commercial with
Conservation Overlay; cont from 4/9/07, item 7D (sm. scale compo plan
amendment).
D. 2nd Reading, Ord. No. 2007-0-03, Bishop Thomas Wenski requesting an
amendment to the Official Zoning Map to include 9.97:i:: acres of property
located at 2310 S. Ridgewood Avenue as B-3 (Highway Commercial) cont.
from 4/9/07, item 7E (rezoning).
E. pt Reading, Ord. No. 2006-0-37, City of Edgewater, on behalf of Frank and
Donna Morris, requesting an amendment to the Official Zoning Map to include
10:i:: acres ofland located north of Oak Trail, west of 2967 Oak Trail as RT
(Rural Transitional) cont. from 3/5/07, item 7G (rezoning).
F. pt Reading, Ord. No. 2007-0-11, Halstead Resources, Inc. requesting an
amendment to the Comprehensive Plan Future Land Use Map to include .63:i::
acres of land located west of 121 W. Marion Avenue as Commercial (sm. scale
compo plan amendment).
8. BOARD APPOINTMENTS - None at this time.
9. OTHER BUSINESS
A. ParkT owne Amendment #2 - staff recommending approval of Amendment #2
to the ParkTowne Development Agreement to include permitting two (2) points
of access on any lot or parcel of property of two (2) or more acres.
B. Utility Service Area Agreement - staff recommending approval of a Utility
Service Area Agreement by and between the City of Edgewater, City of Oak
Hill and County of V olusia, and authorize the Mayor or City Manager to
execute the Agreement.
C. Engineering Services Work Order #6 - staff recommending approval of
proposal from Quentin L. Hampton Associates, Inc. for monitoring well design,
bidding and construction oversight for an estimated cost of $22,860.00 and
authorize the City Manager to execute the work order.
D. Memorandum of Agreement - staff recommending approve of an Agreement
with the V olusia County Health Department regarding rabies control activities
within the City of Edgewater and authorize the City Manager to execute.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
1) Tentative Agenda Items
11. CITIZEN COMMENTS
City Council Agenda
May 7, 2007
Page -3-
12. ADJOURN.
Note. All items for inclusion on the May 21, 2007, agenda must be received by the City Manager's
office no later than 12:00 pm, Thursday, May 10,2007.
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, 104 N. Riverside Drive, Edgewater, Florida, telephone
number 386-424-2400 x1101, 5 days prior to the meeting date. Jfyou are hearing or voice impaired, contact the relay
operator at 1-800-955-8771.
(:\1 iz _ docs\agendas\OS0707ws®
Re: "Public Works: Mm'ing Life Fonmrd"
;t1Ht.~iean })u6lie rolJ~kj ;tjjlJeia'~EIl r
VEn
<g:.llJ~i'Ja C/'aptQ,~ M4R 0 8 2007
CITy lvL
February 27. 2007 ~A.GEl(
To The Supporters of Public Works:
This year. National Public Works Week will be celebraled May 20-26. 2007. The theme of Public Works: "l\10\ing Life
Forward" clearly seeks to enhance the prestige of the often-unsung heroes of our society-the professionals who sene the public
good e\-er:. day \\"ilh quiet dedicntion. By promoting this e\-enl. goyemment officials. business leaders and citizens will learn
from you about the positiw impa~t of public works prqjects. Public Works professionals haYe been participating in eyents and
acti,ities to increase public awareness and appreciation of the profession since J960 when President Kennedy proclaimed that
this eyent \\ould sene as an annual reminder of the 'alue that public works professional contribute to our liyes_
During this week. there are also many actiyities and eyents you may implement to remind the public thai our work improws the
quaJity of life for eyeryone in the community. Some communities hold special community eyents to showcase the sen-ices
prO\ided by employees. others haye held equipment rodeos and giye away prizes to employees or door prizes to the public.
Ideas and suggestions are welcome as it may assist your fellow Public Works professionals_
To learn more aboul the American Public Works Association and National Public Works Week. go the \\ebsite 11'lt'lt".opH'a.f7l'/.
You can click on Aheml (Is and headline item. APWA Celebr01cs NOIionol Public Works Week May 20-26 to get more
information.
One simple thing you can do is haye a proclamation issued by your community recognizing National Public Works Week In
this way. you will acknowledge the tens of thousands of men and women in North America who proyide and maintain the
infrastructure and senices collectiwly known as public works. It is quite an impressi,e sight to see all the proclamations
displayed at the FL Chapter Annual Tradesho\\". With your participation. we can continue the show of continued support to
those in the Public Works field.
Please. mail your original proclamation to me at the address belO\\" so that your proclamation will be proudly displayed for all to
see in Orlando at the APW A FL Chapter Annual Meeting and Tradeshow April 23-27.2007. A sample proclamation has been
enclosed for your reyiew_ Plea.'ie return your proclamation to me no later tlu", April 2ff', 2007.
If you haw any questions. or require any assistance. please call. email or write me.
proclamation.
] look fom-ard to recelymg your
~~
'-is
.J-
~t '
o
Sincerely.
Tracy Quintana
FL Chapter Committee Chairman
City of Punta Gorda
Public Work... DeI)1.
326 W. Marion Aycnue
Punta Gonia. FL 33950
9.t1-575-5066 phone
'J,t 1- 575- 50.t.t fax
tq"irllana II ci.plInta-).!orda./llls
n:\ap\\a\prod:UJlation III.Joc
'rnclamattnn
(0Mtce o~ thevUayo~
WHEREAS, public works services provided in our community are an integral
part of our citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to
the efficient operation of public works systems and programs such as water, sewers, streets and
highways, public buildings, solid waste collection, parks and canal maintenance; and
WHEREAS, the health, safety and comfort of this community greatly depends
on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design and construction, is vitally dependent upon the efforts and skill of public works
officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel, who staff
public works departments, is materially influenced by the people's attitude and understanding of
the importance of the work they perform; and
WHEREAS, this year's theme "Public Works: Moving Life Forward", is a
tribute to the many positive improvements public works employees have made to our
communities.
NOW, THEREFORE, I, Michael L. Thomas, Mayor of the City of Edgewater,
Florida do hereby proclaim the week of May 20 through May 26, 2007 as
NATIONAL PUBLIC WORKS WEEK
in the City of Edgewater and call upon all citizens and civic organizations to acquaint themselves
with the issues involved in providing our public works and to recognize the contributions which
public works officials make every day to our health, safety, comfort and quality of life.
In Blitnt1i1i mlytrtnf ~ hOlle helleutlto get my hotld otld couged the glleot
.geaQ o~ the City o~ 8dgewatell to be a~~lXed
Done at the Edgewater City Hall in the
County of Volusia STATE OF
FLORIDAthis 13th day of
April in the Year of Our Lord
two thousand and seven
City Clerk
.....!.. ---- ~
~~ .-,<<1-- ..._"~......
.. ...... - ,--...-.......
'rnclamatinn
(0~~LCe O~ theuUayolt
WHEREAS, public works services provided in our community are an integral
part of our citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to
the efficient operation of public works systems and programs such as water, sewers, streets and
highways, public buildings, solid waste collection, parks and canal maintenance; and
WHEREAS, the health, safety and comfort of this community greatly depends
on these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design and construction, is vitally dependent upon the efforts and skill of public works
officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel, who staff
public works departments, is materially influenced by the people's attitude and understanding of
the importance of the work they perform; and
WHEREAS, this year's theme "Public Works: Moving Life Forward", is a
tribute to the many positive improvements public works employees have made to our
communities.
NOW, THEREFORE, I, Michael L. Thomas, Mayor of the City of Edgewater,
Florida do hereby proclaim the week of May 20 through May 26, 2007 as
NATIONAL PUBLIC WORKS WEEK
in the City of Edgewater and call upon all citizens and civic organizations to acquaint themselves
with the issues involved in providing our public works and to recognize the contributions which
public works officials make every day to our health, safety, comfort and quality of life.
Ju BlitUt.6.6 lIBlttrtuf 9 hOlle helteullto get my hOlld olld couged the g!leot
geoQ o~ the City o~ 8dgewotefl to be a~~lXed
Done at the Edgewater City Hall in the
County of Volusia STATE OF
FLORI DA this 13th day of
April in the Year of Our Lord
two thousand and seven
City Clerk
......-
~__ _ rrIf-~
..-dio...__ _ ... .....--.
L Mcbride
From:
Sent:
To:
Subject:
Joann Richard
Thursday, April 19, 2007 9: 19 AM
L Mcbride
Officer of the Quarter
Liz,
r:) k
Chief will be presenting a plaque to Randy Mumpower at the next Council Meeting. Please add to the next agenda.
Thanks!
loann Richard
Secretary to the Chief of Police
City of Edgewater
Please Note: Florida has a very broad public records law. Most written communications to or from the City of Edgewater
officials and employees regarding public business are public records available to the public and media upon request. Your
E-mail communications may be subject to public disclosure. The views expressed in this message may not necessarily
reflect those of the City of Edgewater.
1
AGENDA REQUEST
Date:4- 23- 07
PUBLIC
HEARING
RESOLUTION
ORDINANCE
OTHER
BUSINESS
BOARD APPOINTMENT
CONSENT
x
ITEM DESCRIPTION:
Community Development Block Grant (CDBG) development plan for Annual Plan Worksheet for
FY 2007/2008.
BACKGROUND:
CDBG funds are federal dollars awarded to counties and cities from the Department of Housing and
Urban Development (HUD). The grant funds can only be used in a "Target" area (map attached)
designated by the County which is based on census data. The City is required to have one public
hearing ( not at a Council meeting) during the development ofthe plan to allow citizen participation
and comment. HUD's allocation to the County can change each year. Edgewater's 200712008
apportionment is $87,461. The required public hearing was held on April 20, 2007. Staff is
requesting to use this year's allocation for playground equipment at our Y.M.C.A. property. Their
after school program accommodates 145 children between the ages of 5 and 12. During the summer
they serve 165 children. All documentation must be submitted to the County by May 18, 2007.
STAFF RECOMMENDATION:
Approve the Annual Plan Worksheet.
ACTION REQUESTED:
Motion to approve the Annual Plan Worksheet for FY 200712008.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~R6~
Lyn e Plaskett
Grant Administrator
~/N;"'~
Robin L. Matusick
Paralegal
~"'" C2.\..::)~ ~~ \.'" ~
J n C. Williams \
City Manager
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This map represents a composite of several layers of digital
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AGENDA REQUEST
Date: April 24. 2007
PUBLIC
HEARING May 7. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Charles Armitage and Robert Kayat requesting Final Plat approval of a four (4) unit subd ivision located west
of Riverside Drive, north of Thomas Street known as the Thomas Street Subdivision.
OWNER: Charles Armitage and Robert Kayat
APPLICANT/AGENT: Charles Armitage and Robert Kayat
REQUESTED ACTION: Final Plat approval for a 4-unit subdivision to be known as Thomas Street
Subdivision.
PROPOSED USE: 4-unit single-family home subdivision.
LOCATION: West of Riverside Drive, north of Thomas Street
AREA: I. 73:l:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Residential
ZONING DISTRICT: R-I (Single Family Residential) and R-3 (Single Family Residential)
VOTING DISTRICT: 2
SURROUNDING AREA
Currellt Lalld Use FLUM Desif!llatioll ZOllillf! District
North Residential Low Density Residential R-3 (Single Family
Residential) & R-l (Single
Family Residential)
East Vacant Low Density Residential R-l (Single Family
Residential)
South Single Family Low Density Residential R-3 (Single Family
Residential Residential) & R-l (Single
Family Residential)
West Single Family Low Density Residential R-3 (Single Family
Residential Residential)
FP-0701 - Thomas Street
Background:
This property is located at the northwest corner of Riverside Drive and Thomas Street. The preliminary
plat was approved by City Council on March I, 2004. All necessary infrastructure has been installed by
the applicant. Once platted this subdivision will consist offour (4) single-family residential lots, with a
minimum lot size of 75' x 115 'for lots 1 through 3 and 100' x 120' for lot 4. There is also access to the
Indian River for use of the residents of the subdivision.
At their regular meeting of March 14,2007 the Planning and Zoning Board voted 7-0 to send a favorable
recommendation to City council for this request.
Land Use Compatibility: The proposed subdivision of this lot for single family residential development is
compatible with the surrounding area of single-family homes.
Adequate Public Facilities: The site is served by City water and sewer and has access to Thomas Street. This
subdivision shall not exceed any Level of Service standards required by the Comprehensive Plan and Land
Development Code.
Consistency with Comprehensive Plan: The proposed subdivision is consistent with the densities of the
Low Density Residential Future Land Use Designation.
Other Matters: There are no other known matters associated with this request.
ST AFF RECOMMENDATION:
Staff recommends sending a favorable recommendation to City Council for final plat approval of the
Thomas Street Subdivision based on the condition that prior to recording the final plat, all comments from
City Staff are satisfactorily addressed, as well as the formal acceptance by the City of a bond/surety device
for all infrastructure accepted by the City.
ACTION REQUESTED
Motion to approve the Final Plat of the Thomas Street Subdivision based on the condition that prior to
recording the final plat, all comments from City Staff are satisfactorily addressed, as well as the formal
acceptance by the City of a bond/surety device for all infrastructure accepted by the City.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~
", J<
Robin Matusick "-
Paralegal
'" . ~ ~"r~01
J n C. Williams \
City Manager
Darre Lear
Development Services Director
FP-070 I - Thomas Street
2
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AGENDA REQUEST
Date: April 24. 2007
PUBLIC
HEARING May 7.2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
David Grande requesting approval of a 27,000 square foot retail center located south of Silver Circle and
north of Oak Branch Drive to be known as Edgewater Pointe.
OWNER: Mike Patel
APPLICANT/AGENT: David Grande
REQUESTED ACTION: Review site plan in accordance with Section 21-85.04 (e) (6) and 21-93.03 (e)
of the City of Edgewater Land Development Code.
PROPOSED USE: Construction of a 27,000 square foot retail center.
LOCATION: West of US Highway 1, south of Silver Circle and north of Oak Branch Drive
AREA: ::f:3.20 acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Commercial
ZONING DISTRICT: B-3 (Highway Commercial)
VOTING DISTRICT: 3
SURROUNDING AREA:
Currellt Lalld Use FL UM DesiJ!llatiOlI ZOllillg District
North Vacant Commercial B-3 (Highway Commercial)
East Mobile Home Park, Medium Density Residential MH-1 (Mobile Home Park) and
Vacant and and Commercial B-3 (Highway Commercial)
Commercial
South Vacant Commercial B-3 (Highway Commercial)
West Single family Low Density Residential and R-1 (Single Family Residential)
residential Medium Density Residential and RPUD (Residential Planned
Unit Development)
SP-0615 - Edgewater Pointe
Created by jdanigel
Background: A site plan was submitted to the Planning Department for this project on September 21,
2006. The Technical Review Committee (TRC) met on October 24, 2006 to discuss each City
department's comments generated by their review of the site plan. These comments included but were
not limited to stormwater, parking, landscaping, building and fire safety. The Development Services
Department is awaiting resubmittal of a site plan addressing the comments discussed at the October TRC
meeting.
At their regular meeting of February 14,2007 the Planning and Zoning Board voted 5-0 to send a
favorable recommendation to City Council.
Land Use Compatibility: Development of a 27,000 square foot retail center is compatible with the
current commercial land usage along US Highway 1.
Adequate Public Facilities: City water and sewer are available to this site. This site will have access via
South Ridgewood A venue and Oak Branch Drive. All other concurrency standards shall be fulfilled prior
to final site plan approval.
Natural Environment: A Threatened and Endangered Species Assessment provided to the City on
September 22, 2006 indicated the property does not provide suitable habitat for listed threatened or
endangered species. Staff has requested a 100% Gopher Tortoise Study for verification of that finding.
Other Matters: Prior to development, the Technical Review Committee must approve the proposed site
plan.
STAFF RECOMMENDATION:
Staff recommends site plan approval for 3.20 ::l:: acres of land located south of Silver Circle and north of
Oak Branch Drive, to be known as Edgewater Pointe based on the condition that prior to the issuance of a
Development Order all comments from City Staff are satisfactorily addressed.
ACTION REQUESTED
Motion to approve the Edgewater Pointe site plan with the condition that prior to the issuance of a
Development Order all comments from City Staff are satisfactorily addressed.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~~.
Robin atusick. A-()I~
Paralegal
VV\. Q.W -
n C. Williams
ity Manager
.~~.:\
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SP-0615 - Edgewater Pointe
Created by jdanigel
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7
AGENDA REQUEST
Date: April 24. 2007
PUBLIC
HEARING May 7.2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2007-0-02
Bishop Thomas Wenski, requesting an amendment to the
Comprehensive Plan Future Land Use Map to include 9.97:l::
acres of land located at 23 I 0 S. Ridgewood A venue as
Commercial with Conservation Overlay.
OWNER: Thomas Wenski, Bishop of the Diocese of Orlando
APPLICANT/AGENT: Michael Wilde, Baker & Hostetler, LLP
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Commercial with
Conservation Overlay.
PROPOSED USE: Staff has not received any development plans at this time.
LOCATION: 2310 S. Ridgewood Avenue - west of US Highway I, and west of Pelican Drive
AREA: 9.97:l:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Medium Intensity
ZONING DISTRICT: Volusia County - B-9 (General Office) and R-4 (Urban Single Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Land Use FLUM Desi!!nation Zonin!! District
North Financial Institution, Commercial, High Density B-3 (Highway Commercial) and
Vacant and Single- Residential & Low Density RPUD (Residential Planned Unit
Family Residential Residential Development)
East Shopping Center Commercial B-3 (Highway Commercial)
South Convenience Store and Commercial & Low Density B-3 (Highway Commercial) and R-I
Single Family Residential (Single Family Residential)
Residential
West Single and Multi- Medium Density Residential R-4 (Multi-Family Residential)
Family Residential
Background
This property is located west of US Highway I, south of Riverside Bank. The Diocese of Orlando owns the property and staffhas
not received any proposed development plans.
At their regular meeting of November 8, 2006 the Planning and Zoning Board voted 6-0 to send a favorable recommendation to
City Council for the proposed amendment.
City Council voted to approve this request at first reading on January 22, 2007.
CPA-0619 - Dioscese(2)
Land Use Compatibility
This property is proposed to be amended to a City Future Land Use Designation of Commercial. As this property has frontage on
US Highway I, a Commercial designation is most compatible. To the north is Riverside National Bank and the proposed
Riverside Villas, a townhouse development, to the south is a gas station/convenience store.
Pursuant to the City of Edge water Land Development Code, an adequate landscaped buffer of at least 50-feet must be established
when adjacent to residential usage.
This amendment has been certified by the Volusia Growth Management Commission on April 6, 2007.
Adequate Public Facilities
The site has access to US Highway I, and water and sewer is available.
Natural Environment
Vegetation onsite includes Pine/Mesic Oak, Open Water, and Wet Prairie. Soils include Daytona Sand and Immokalee Sand.
Prior to any site development an Environmental Analysis will have to be submitted and approved by the City.
Comprehensive Plan Consistency
City 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 I 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.
City of Edgcwater - 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 defmition
are areas within a public water well radius of500 feet, within the I OO-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
Per the City Environmental Services Department, prior to any development of this property the developer shall make
accommodations for the canal in the middle of the parcel as this drains several parcels upstream.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2007-0-02; amending the Comprehensive Plan Future Land Use Map to include
9.97:1: acres ofland located at 2310 S. Ridgewood Avenue as Commercial with Conservation Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2007-0-02.
PREVIOUS AGENDA ITEM:
YES
NO
x
7H
7D
DATE: Januarv 22. 2007
April 9. 2007
Respectfully Subl itted By:
AGENDA ITEM NO.
Ocb~Ll~~
Robin atusick
Paralegal
,~c..~,~ ~ U'
J C. Williams -'\
City Manager \
CPA-0619 - Dioscese(2)
2
ORDINANCE NO. 2007-0-02
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 FROM COUNTY
URBAN MEDIUM INTENSITY TO CITY COMMERCIAL
WITH CONSERV A TION OVERLA Y FOR PROPERTY
LOCATED AT 2310 SOUTH RIDGEWOOD AVENUE,
EDGEW A TER, FLORIDA; PROVIDING FOR FINDINGS OF
CONSISTENCY; AMENDING THE FUTURE LAND USE
MAP; PROVIDING FOR FILING WITH THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA
GROWTH MANAGEMENT COMMISSION, THE REGIONAL
PLANNING COUNCIL, 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
AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Thomas Wenski, Bishop of the Diocese of Orlando, owner/applicant of property
located at 2310 South Ridgewood Avenue, within V olusia County, Florida. Subject property
contains approximately 9.97 :!: acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
owner/applicant is requesting a Comprehensive Plan Amendment for the subject property. The
requested Amendment would change the Future Land Use Map designation from County Urban
Medium Intensity to City Commercial with Conservation Overlay for the property described herein.
3. On November 8, 2006, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
2007-0-02
Stl tick till otlgh passages are deleted.
Underlined passages are added.
6 to 0, recommended that the City Council approve the request.
4. In a letter dated January 5, 2007 and March 16,2007, the Legal Department notified
the owners by mail of the property and all property owners who own real property directly affected
by the proposed action within 300 feet of the subject property regarding the pending Amendment.
5. On January 22, 2007, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on April 9, 2007, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Observer on Thursday, March 29, 2007.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan ofthe City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Commercial with Conservation Overlay for property described in
the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit
"B" (which are attached hereto and incorporated herein).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
2007-0-02
StI tick till otlgh passages are deleted.
Underlined passages are added.
2
Comprehensive Plan, specifically Policy 1.8.2 of the Future Land Use Element 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."
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Development Services Director is hereby authorized and directed to amend the Future
Land Use Map of the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the
change in the Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)(c)2, Florida Statutes (2005), the Development Services
Director is hereby directed to report this action to the state land planning agency as required therein.
PART E.
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 F.
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.
2007-0-02
StltlGk till otl/;I. passages are deleted.
Underlined passages are added.
3
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion for approval by Councilwoman Lichter 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
During the April 9, 2007 Council meeting a Motion was made to CONTINUE the second
reading/public hearing until May 7, 2007 by Councilwoman Rogers with Second by Councilman
Vincenzi, Council approved 4-0 (Councilwoman Rhodes absent).
After Motion for approval by
and Second by
, the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
2007-0-02
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Underlined passages are added.
4
PASSED AND DULY ADOPTED this 7th day of May, 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
2007-0-02
Stl UGk till ougl. 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 7th day of
May, 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 Northwest 1/4 of the Northwest 1/4, West of the State Road, EXCEPT the Northerly 210 feet
of the Easterly 210 feet thereof.
ALSO EXCEPT the 9.785 acres in the South portion described as follows: Beginning at an iron pin
on the Southeast corner of the Northwest 1/4 of the Northeast 1/4 and running West, a distance of
1320 feet to a corner; thence North, a distance of 83.0 feet to a corner; thence Northeasterly, a
distance of 1145.7 feet to a corner on the Westerly side of the State Road; thence Southeasterly
along the State Road, a distance of 618.4 feet to a corner; thence South a distance of 24.3 feet to a
Point of Beginning. All of the above being located in Section 2, Township 18 South, Range 34 East,
Volusia County, Florida.
ALSO EXCEPT: Commence at the intersection of the North line of said Section 2 and the Westerly
line of said U.S. Highway No.1; thence Westerly along the Northerly line of said Section 2, a
distance of 210 feet for the Point of Beginning; thence South 26041'41" East and parallel to said
Westerly line of U.S. Highway No.1, a distance of 210 feet; thence Easterly and parallel to the
North line of said Section 2, a distance of 21 0 feet to the said Westerly line of U.S. Highway No.
1; thence South 64012'19" West, a distance of704.40 feet; thence South 26041'41" East and parallel
to the said U.S. Highway No.1, a distance of 618.4 feet to the Northerly line of SILVER RIDGE
SUBDIVISIONS UNITS 1 AND 2, and recorded in Map Book 25, Page 87 and Map Book 27, Page
50, respectively; thence South 64012'19" West along the Northerly line of Silver Ridge Subdivision,
a distance of 441.30 feet to the Westerly line of the Northwest 1/4 of the Northeast 1/4, said Section
2; thence Northerly along the said Westerly line, a distance of 1237 feet more or less to the said
North line of Section 2; thence Easterly along the said North line a distance of 465.9 feet to the Point
of Beginning.
Re-described as follows:
A portion of the Northwest 1/4 of the Northeast 1/4 of Section 2, Township 18 South, Range 34
East, Volusia County, Florida, lying westerly of U.S. Highway No.1, being described as follows:
For a Point of Beginning, commence at the Southeasterly corner of Pelican Cove West Subdivision-
Phase I, as recorded in Map Book 38, Pages 172 and 173 of the Public Records of Vol usia County,
Florida, said point being the Southeasterly corner of Lot 13, Block "c" of said Pelican Cove West
2007-0-02
StI tick 1111 otlgh passages are deleted.
Underlined passages are added.
6
Subdivision - Phase I; thence North 26041'11" West, along the Easterly line of said Pelican Cove
West Subdivision - Phase I, a distance of 615.29 feet; thence North 64012'49" East, a distance of
704.40 feet to a 4" x 4" concrete monument with an iron rod representing a point on the Westerly
right of way of U.S. Highway No.1; thence South 26050'36" East, along the Westerly right of way
of U.S. Highway No. 1 as monumented and by general acceptance, a distance of616.32 feet to the
Easterly prolongation of the Northerly line of Silver Ridge Subdivision - Unit No. I, as recorded in
Map Book 25, Page 87 of the Public Records of Vol usia County, Florida; thence South 64017'40"
West, along said Easterly prolongation and along said Northerly line of Silver Ridge Subdivision-
Unit No.1, a distance of 706.1 0 feet to the Point of Beginning.
Containing 9.97 :!: acres more or less.
2007-0-02
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AGENDA REQUEST
Date: April 24. 2007
PUBLIC
HEARING Mav 7. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2007-0-03
Bishop Thomas Wenski, requesting an amendment to
the Official Zoning Map to include 9.97:i: acres of land
located at 2310 S. Ridgewood Avenue as B-3 (Highway
Commercial) .
OWNER: Thomas Wenski, Bishop of the Diocese of Orlando
APPLICANT/AGENT: Michael Wilde, Baker & Hostetler, LLP
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3 (Highway
Commercial)
PROPOSED USE: Staff has not received any development plans at this time.
LOCATION: 2310 S. Ridgewood Avenue - west of US Highway 1, and west of Pelican Drive
AREA: 9.97:i: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Medium Intensity (currently proposed amendment to City
Commercial with Conservation Overlay).
ZONING DISTRICT: Volusia County - B-9 (General Office) and R-4 (Urban Single Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Land Use FLUM Designation Zonine: District
North Financial Institution, Commercial, High Density B-3 (Highway Commercial) and
Vacant and Single- Residential & Low Density RPUD (Residential Planned Unit
Familv Residences Residential Develonment)
East Shopping Center Commercial B-3 (Hie:hwav Commercial)
South Convenience Store Commercial & Low Density B-3 (Highway Commercial) and
and Single Family Residential R-l (Single Family Residential)
Residences
West Single and Multi- Medium Density Residential R-4 (Multi-Family Residential)
Family Residences
Background
This property is located west of US Highway 1, south of Riverside Bank. The property is owned by the Diocese of
Orlando, and staff has not received any proposed development plans.
At their regular meeting of November 8, 2006 the Planning and Zoning Board voted 6-0 to send a favorable
recommendation to City Council for the proposed amendment.
RZ-0619 - Dioscese(2)
City Council voted to approve this request at first reading on January 22, 2007.
Land Use Compatibility
This property is currently being amended to a City Future Land Use Designation of Commercial with
Conservation Overlay and a B-3 (Highway Commercial) Zoning designation. The City was notified on April 6,
2007 that the application was certified, the City received the Certification letter on April 16, 2007. As this
property has frontage on US Highway 1 a Commercial designation is most compatible. These designations are
compatible with the surrounding area. To the north is Riverside National Bank and the proposed Riverside
Villas, a townhouse development, to the south is a gas station/convenience store.
Adequate Public Facilities
The site has access to US Highway 1, and water and sewer is available.
Natural Environment
Vegetation on site includes PineIMesic Oak, Open Water, and Wet Prairie. Soils include Daytona Sand and
Immokalee Sand. Prior to any site development an Environmental Analysis must be submitted and approved by
the City.
Comprehensive Plan Consistency
The proposed zoning designation is compatible with the proposed Future Land Use designation of Commercial
per Article III of the Land Development Code.
Other Matters
Per the City of Edgewater Environmental Services Department, prior to any development of this property will
need to make accommodations for the canal going through the middle of the parcel as this drains several parcels
upstream.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2007-0-03; amending the Official Zoning Map to include 9.97:1:: acres
ofland located at 2310 S. Ridgewood Avenue as B-3 (Highway Commercial).
ACTION REQUESTED
Motion to approve Ordinance No. 2007-0-03.
PREVIOUS AGENDA ITEM:
YES X
NO
AGENDA ITEM NO. 7H
7E
~~c
Robin Matusick "C
Paralegal
l.N\.Q..~~~ ~\~.
n C. Williams \
City Manager
RZ-0619 - Dioscese(2)
2
ORDINANCE NO. 2007-0-03
AN ORDINANCE REZONING A PARCEL OF
APPROXIMA TEL Y 9.97 ACRES LOCATED AT 2310 SOUTH
RIDGEWOOD AVENUE, EDGEW A TER, FLORIDA, FROM
COUNTY B-9 (GENERAL OFFICE) AND R-4 (URBAN
SINGLE-F AMIL Y RESIDENTIAL) TO CITY B-3 (HIGHWAY
COMMERCIAL); 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. Thomas Wenski, Bishop of the Diocese of Orlando, owner/applicant of property
located at 2310 South Ridgewood Avenue, within Volusia County, Florida. Subject property
contains approximately 9.97 i acres more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from County B-9 (General Office) and R-4 (Urban Single Family Residential) to City
B-3 (Highway Commercial) 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 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 n,k t1l1on~h passages are deleted.
Underlined passages are added.
2007-0-03
5. On April 9, 2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on March 29, 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
StInGk t1l1ough passages are deleted.
Underlined passages are added.
2007-0-03
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
B-9 (General Office) and R-4 (Urban Single Family Residential) to City B-3 (Highway Commercial).
The following described real property all lying and being in the County of V olusia
and State of Florida.
The Northwest 1/4 of the Northwest 1/4, West of the State Road, EXCEPT the
Northerly 210 feet of the Easterly 210 feet thereof.
ALSO EXCEPT the 9.785 acres in the South portion described as follows: Beginning
at an iron pin on the Southeast comer of the Northwest 1/4 of the Northeast 1/4 and
running West, a distance of 1320 feet to a comer; thence North, a distance of 83.0
feet to a comer; thence Northeasterly, a distance of 1145.7 feet to a comer on the
Westerly side of the State Road; thence Southeasterly along the State Road, a
distance of618.4 feet to a comer; thence South a distance of24.3 feet to a Point of
Beginning. All of the above being located in Section 2, Township 18 South, Range
34 East, Volusia County, Florida.
ALSO EXCEPT: Commence at the intersection of the North line of said Section 2
and the Westerly line of said U.S. Highway No.1; thence Westerly along the
Northerly line of said Section 2, a distance of 21 0 feet for the Point of Beginning;
thence South 26041 '41" East and parallel to said Westerly line of U.S. Highway No.
1, a distance of21 0 feet; thence Easterly and parallel to the North line of said Section
2, a distance of 210 feet to the said Westerly line of U.S. Highway No.1; thence
South 64012'19" West, a distance of 704.40 feet; thence South 26041'41" East and
parallel to the said U.S. Highway No. 1, a distance of618.4 feet to the Northerly line
of SILVER RIDGE SUBDIVISIONS UNITS 1 AND 2, and recorded in Map Book
25, Page 87 and Map Book 27, Page 50, respectively; thence South 64012'19" West
along the Northerly line of Silver Ridge Subdivision, a distance of 441.30 feet to the
Westerly line of the Northwest 1/4 of the Northeast 1/4, said Section 2; thence
Northerly along the said Westerly line, a distance of 1237 feet more or less to the said
North line of Section 2; thence Easterly along the said North line a distance of 465.9
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2007-0-03
3
feet to the Point of Beginning.
Re-described as follows:
A portion ofthe Northwest 1/4 of the Northeast 1/4 of Section 2, Township 18 South,
Range 34 East, V olusia County, Florida, lying westerly ofU .S. Highway No.1, being
described as follows:
For a Point of Beginning, commence at the Southeasterly comer of Pelican Cove
West Subdivision - Phase I, as recorded in Map Book 38, Pages 172 and 173 of the
Public Records of V olusia County, Florida, said point being the Southeasterly comer
of Lot 13, Block "C" of said Pelican Cove West Subdivision - Phase I; thence North
26041' 11 " West, along the Easterly line of said Pelican Cove West Subdivision -
Phase I, a distance of615.29 feet; thence North 64012'49" East, a distance of704.40
feet to a 4" x 4" concrete monument with an iron rod representing a point on the
Westerly right of way of U.S. Highway No.1; thence South 26050'36" East, along the
Westerly right of way of U.S. Highway No. 1 as monumented and by general
acceptance, a distance of 616.32 feet to the Easterly prolongation of the Northerly
line of Silver Ridge Subdivision - Unit No.1, as recorded in Map Book 25, Page 87
of the Public Records of Volusia County, Florida; thence South 64017'40" West,
along said Easterly prolongation and along said Northerly line of Silver Ridge
Subdivision - Unit No.1, a distance of 706.1 0 feet to the Point of Beginning.
Containing 9.97 .:.!:: 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.
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2007-0-03
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.
PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTG.
ADOPTION.
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
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2007-0-03
5
During the April 9, 2007 Council meeting a Motion was made to CONTINUE the second
reading/public hearing until May 7, 2007 by Councilman Vincenzi with Second by Councilwoman
Lichter, Council approved 4-0 (Councilwoman Rhodes absent).
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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2007-0-03
6
PASSED AND DULY ADOPTED this 7th day of May, 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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2007-0-03
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 7th day of
May, 2007 under Agenda Item No. 7_.
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AGENDA REQUEST
Date: April 24. 2007
PUBLIC
HEARING Mav 7. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1st Reading - Ordinance No. 2006-0-37
City of Edge water requesting an amendment to
the Official Zoning Map to include 10:1: acres of
land located north of Oak Trail, west of 2967
Oak Trail as RT (Rural Transition).
OWNER: Frank and Donna Morris
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RT (Rural
Transitional) .
PROPOSED USE: Single-family residential
LOCATION: North of Oak Trail, west of 2967 Oak Trail
AREA: 10:l: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Transition with Conservation Overlay.
ZONING DISTRICT: Volusia County - A-3 and RC
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use FLUM Designation Zonine: District
North Vacant Conservation Volusia County - RC (Resource
Corridor)
East Single Family Volusia County - Urban Low Volusia County - RC (Resource
Residential Intensity and Environmental Corridor) and A-3 (Transitional
Svstems Corridor Agriculture)
South Single Family Volusia County - Urban Low Volusia County - RC (Resource
Residential Intensity and Environmental Corridor)
Svstems Corridor
West Vacant Conservation Volusia County - RC (Resource
Corridor)
Background
This property is located at the western terminus of Oak Trail and was annexed into the City on June 6,
1994. The amendment to the Future Land Use Map was completed in December 2001. The 10 acre site
contains two (2) five (5) acre parcels, the property owner is proposing to split the eastern parcel into two
(2) 2-Yz acre parcels.
RZ-0617 - Morris(3)
At their regular meeting of August 8, 2006 the Planning and Zoning Board voted 5-0 to send a favorable
recommendation to City Council for the proposed amendment to the Official Zoning Map.
City Council continued this request at their November 6, 2006, February 5, 2007 and March 5, 2007
meetings.
Land Use Compatibility
The proposed amendment is compatible with the surrounding area of residential uses.
Adequate Public Facilities
This site has access to Oak Trail. City water is currently available to this site. Sewer service is
currently not available at this time.
Natural Environment
Due to the Conservation Overlay on this site an environmental analysis must be provided and
approved by staff prior to anyon-site development.
Comprehensive Plan Consistency
The Zoning Classification ofRT (Rural Transitional) is compatible with the Future Land Use designation
of Low Density Transition per Table III -1 of the Land Development Code.
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-37: amending the Official Zoning Map to include 10%
acres of land located north of Oak Trail, west of 2967 Oak Trail as RT (Rural Transition).
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-37.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: November 6.2006
Februarv 5. 2007
March 5. 3007
Respectfully Submi ted By:
AGENDA ITEM NO. 7J
7C
7G
C9v~--rJ' J ~~ \.
Robin atusick
Paralegal
~Q.~~~~~\f'
J n C. Williams
Ci y Manager
RZ-0617 - Morris(3)
2
ORDINANCE NO. 2006-0-37
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 10.00 ACRES LOCATED NORTH OF
OAK TRAIL, WEST OF 2967 OAK TRAIL, EDGEWATER,
FLORIDA, FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL);
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. City of Edge water, applicant/agent on behalf of Frank and Donna Morris, owners, for
property located North of Oak Trail, West of2967 Oak Trail, Edgewater, Florida. Subject property
contains approximately 10.00 :!:: acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
classification from County A-3 (Transitional Agriculture) to City RT (Rural Transitional) for the
property described herein.
3. On August 9, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 5 - 0, the Board
recommended that City Council consider approval of the request.
4. On November 6, 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 October 26, 2006.
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2006-0-37
5. On January 22,2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on January 11, 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 f rom 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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2006-0-37
2
rather than a legislative act of the City Counil.
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
A-3 (Transitional Agriculture) to City RT (Rural Transitional).
The following described real property all lying and being in the County of V olusia
and State of Florida.
PARCEL #1 -
A portion of Lots 15 and 16, Model Land Company Subdivision as recorded in Map
Book 5, Page 187 of the Public Records of V olusia County, Florida described as
follows:
Commence at Southeast comer of Lot 22, said Model Land Company Subdivision;
thence S 69038'30" W along the Southerly line of said Model Land Company
Subdivision a distance of2687.55 feet; thence N 21007'05" W, a distance of 622.50
feet for the Point of Beginning; thence continue N 21007'05" W, a distance of622.50
feet to the Northerly line of said Model Land Company Subdivision; thence N
69038'30" E along said Northerly line a distance of 350.00 feet; thence S 21007'05"
E, a distance of 622.50 feet; thence S 69038'30" W, a distance of 350.00 feet to the
Point of Beginning.
Together with the right to use the following described property for ingress and egress:
Commence at a concrete monument being the Southeast comer of Lot 22, Model
Land Company Subdivision, as recorded in Map Book 5, page 187 of the Public
Records of Vol usia County, Florida; thence South 69038' 30" West along the South
line of said Model Land Company Subdivision, a distance of 169.23 feet to the West
Right-of-Way of Air Park Road (County Road) a 50 foot Right-of-Way as now laid
out; thence North 23024'1 0" West a distance of 593.29 feet to the South line of a 60
foot Road and Utility Easement and the Point of Beg inning; thence South 69038'30"
West and parallel to the South line of Model Land Company Subdivision
aforementioned for a distance of 2144.67 feet; thence North 21007'05" West a
distance of 60.00 feet; thence North 69038'30" East, a distance of2142.27 feet to the
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2006-0-37
3
West Right-of-Way of said Air Park Road; thence South 23024'10" East, along the
said West Right-of-Way a distance of 60.08 feet to the Point of Beginning.
Containing 5.00 :t acres more or less.
PARCEL #2 -
A parcel of land lying in and being a part of Lots 16 and 17, Model Land Company
Subdivision, according to the plat thereof as recorded in Map Book 5, Page 187, of
the Public Records of Vol usia County, Florida, being more particularly described as
follows:
Commence at the Southeast corner of Lot 22, said Model Land Company
Subdivision, thence South 69038'30" West along the South line of said Model Land
Company Subdivision for a distance of 169.23 feet to the West Right-of-Way of Air
Park Road (County Road), a 50 foot Right-of-Way as now laid out; thence North
23024'10" West along said West Right-of-Way for a distance of 1246.47 feet to the
South Right-of-Way of a 30 foot platted road as shown on Plat of Model Land
Company Subdivision, aforementioned; thence South 69038'30" West along said
South Right-of- Way for a distance of 1768.62 feet for the Point of Beginning; thence
South 21 007'05" East and parallel to the East line of said Lot 22 for a distance of
622.5 feet; thence South 69038'30" West for a distance of 350 feet thence North
21007'05" West for a distance of622.5 feet to the South Right-of-Way of the 30 foot
platted road aforementioned; thence along said South Right-of- Way North 69038'30"
East for a distance of 350 feet to the Point of Beginning.
Said Property being also known as Parcel 16 of Stanley Acres Phase I, an Unrecorded
Subdivision.
Together with the right to use a 60 foot easement for road and utility purposes more
particularly described as follows:
Commence at a concrete monument being the Southeast corner of Lot 22, Model
Land Company Subdivision, according to the plat thereof as recorded in map Book
5, Page 187, of the Public Records of Volusia County, Florida; thence South
69038'30" West along the South line of said Model Land Company Subdivision for
a distance of 169.23 feet to the West Right-of- Way of Air Park Road (County Road)
a 50 foot Right-of-Way as now laid out; thence North 23024'10" West for a distance
of593.29 feet to the South line ofa 60 foot Road and Utility Easement and the Point
of Beginning; thence South 69038'30" West and parallel to the South line of Model
Land Company Subdivision aforementioned for a distance of2144.67 feet; thence
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2006-0-37
4
North 21007'05" West for a distance of 60.00 feet; thence North 69038'30" East for
a distance of2l42.27 feet to the West Right-of-Way of said Air Park Road; thence
South 23024'10" East along the said West Right-of- Way for a distance of60.08 feet
to the Point of Beginning.
Containing 5.00 :!: acres more or less.
For a total of Parcel #1 and Parcel #2 containing 10.00:!: 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,
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.
St. tick till OtllSh passages are deleted.
Underlined passages are added.
2006-0-37
5
PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
During the November 6, 2006 Council meeting a Motion was made to TABLE the first
reading by Councilwoman Lichter with Second by Councilwoman Rhodes, Council approved.
During the February 5, 2007 Council meeting a Motion was made by Councilwoman Lichter
with Second by Councilwoman Rhodes, to TABLE the first reading until March 5, 2007, Council
approved.
During the March 5, 2007 Council meeting, it was determined to indefinitely continue first
reading of this ordinance.
Additional legal advertisements and notice letters were placed for this ordinance to be heard
during the May 7, 2007 and May 21, 2007 Council meetings.
After Motion to approve by
and Second by
, the vote on the first reading of this ordinance held on May 7, 2007 is
as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
St. tick till otlgh passages are deleted.
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2006-0-37
6
After Motion to approve by
and Second by
, the vote on the second reading ofthis 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 21st day of May, 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 21 st day
of May, 2007 under Agenda Item No. 7_.
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2006-0-37
7
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Richard Stonecipher informed her it was the gentleman next
door to him and they don't get along at all. They haven't
since day one.
Mayor Thomas asked Mr. Stonecipher if they are hiring extra
manpower and how many people he would be employing. Mr.
Stonecipher informed him seven. He feels the police out
front directing traffic drive customers away from him.
Mayor Thomas asked Police Chief Taves if they have one man
there all the time. Police Chief Taves informed him last
year was the first time they have had anyone there. They
put two officers down there last year and they didn't have
any problems at all.
Councilwoman Lichter asked if they need two this year.
Police Chief Taves informed her if she has asking him on
past experience he would tell her no. Last year the
officers came back and wanted to know why they were there.
Due to there being no comments, Mayor Thomas opened and
closed the public hearing.
Councilwoman Lichter moved to approve the Special Activity
permit for an Annual Bike Week Oyster Roast to be held
March 9, 2007 for Earthquake Magoon's, second by
Councilwoman Rogers.
The MOTION CARRIED 4 - 0 .
C. 1st Reading. Ord. No. 2006-0-37, City of Edgewater,
on behalf of Frank and Donna Morris, requesting an
amendment to the Official Zoning Map to include 10~
acres of land located north of Oak Trail, west of
2967 Oak Trail as RT (Rural Transitional)
(rezoning) tabled on 11/6/06, Item 7J
City Attorney Ciocchetti read Ord. 2006-0-37 into the
record.
Development Services Director made a staff presentation.
Councilwoman Lichter questioned the gentleman wanting to do
this because he doesn't want it built on the lot he is
dividing, he is wanting to preserve it? Mr. Lear informed
her he was wanting to split the easterly five acre tract
into two two and a half acre lots for him and a family
Page 10 of34
Council Regular Meeting
February 5, 2007
member. Councilwoman Lichter asked if there is any reason
that has to be written into it. She sees nothing wrong
with doing this but asked if that is a reason that
safeguards it from something else that might happen, that
he wants to keep it in the family. What is the difference
if he gives it to the son or sells it to someone else. Mr.
Lear confirmed he could do that.
Councilwoman Lichter questioned it not being pertinent to
their decision. Mr. Lear informed her all they are doing
tonight is the rezoning request to get it compatible with
the Comprehensive Plan.
Councilwoman Lichter stated in Edgewater itself there is no
problem if it is in their planning and the Comprehensive
Plan to divide it. In the County it was different but the
County said they weren't going to make a written
recommendation on it. Mr. Lear stated the County zoning
designation, which he believed was A3, allows 2 ~ acre
lots. The County's issue with that was that they
considered it to be in the flood plain per the USGS maps
and they have a stipulation in their Code that 10,000
square feet of the lot has to be buildable area outside the
100-year flood plain. It was going to be the decision of
the County to deny that request if it was still in the
County however it is in the City and by City standards it
meets all the Code requirements.
Mayor Thomas stated it is extremely wet. Councilwoman
Lichter was wondering if they should keep it one thing.
She wished the gentleman was there. Councilwoman Rogers
stated the neighbors were there and they could tell them
about that land and the flooding and the water.
Councilwoman Lichter stated the neighbors were against it
if she remembered correctly. She was trying to think if
there was a way to lock them in to not selling it. Mr.
Lear stated he didn't think they could do that legally.
Mayor Thomas asked what his options would be if they didn't
approve this. City Attorney Ciocchetti stated he would
file a legal challenge and say that the zoning needs to be
changed to reflect the Comp Plan. Where the Camp Plan
isn't implemented then the Comp Plan would control. City
Manager Williams stated there is no substantial reason for
denial. This property was annexed in 1994. They have a
Page 11 0[34
Council Regular Meeting
February 5, 2007
Comp Plan amendment and they are required by law to zone it
according to the Comprehensive Plan.
Councilwoman Rogers stated what about the fact that the
County uses the USGS maps and the City uses the FEMA maps
and it is in the Comp Plan that they are going to use the
FEMA maps. She feels that is something they need to look
at because the FEMA maps are not as updated as the USGS
maps are and she is very familiar with this type of land
and soil and she knows what the neighbors concerns are.
Councilwoman Rhodes stated they have to use the FEMA maps
for the flood insurance. Mr. Lear stated for the national
flood insurance program.
Councilwoman Lichter stated they could agree to this
obviously if it is comes to build a house or building
whatever. They aren't going to get permits for that
individually if it is Lake Erie. St. John's will put the
clamp on at that point. Mr. Lear stated they would be
required to keep their water onsite. They aren't allowed
by State law to discharge any more water than what comes
off their site presently. He felt it was important to
point out that historically they can't say these two lots
are the only ones that were wet that have ever been flooded
and they have the rest of Oak Trail built out.
Councilwoman Rhodes asked about the flood maps. The County
uses the USGS and we use FEMA so we can stay in the
National Flood Insurance Program. She questioned the
County not being in the National Flood Insurance Program.
Mr. Lear wasn't sure if they are using both maps or not.
City Manager Williams stated it is their understanding that
if they are using the NFIP that they would have to use the
FEMA maps. He wasn't aware of any rule that allows them to
use the USGS maps in those regards.
Councilwoman Rhodes stated so in other words if you live in
the County you can not get National Flood Insurance. Mr.
Lear stated they may be a participant but he wasn't sure if
they are using both types of maps. He didn't know exactly
what they use in the County. Councilwoman Rhodes stated
but they wrote this letter. They said they utilized USGS
flood maps. Mr. Lear stated he wasn't sure if that is all
they utilize but they utilize those as part of their
review.
Page 12 of 34
Council Regular Meeting
February 5, 2007
Councilwoman Rogers stated the letter came from Mr. Lear
and because of this type of a conflict between City and
County. Councilwoman Rhodes confirmed it was after he
talked to the County. Mr. Lear informed her it was.
Councilwoman Rogers feels they need to go back to the
drawing board because there has to be something because
there are people in the County that have FEMA insurance.
Mr. Lear stated they may use that as another device to make
it more strict.
City Manager Williams stated he thought the issue was with
what they are required to do with consistency to the Comp
Plan. Councilwoman Rhodes understood that but agreed with
Councilwoman Rogers that maybe the Comp Plan needs to be
changed in this regard. Granted, at this point in time,
they have to go by what they have. She is talking future.
City Manager Williams stated they could look at that for
future reference.
Mayor Thomas opened the public hearing.
The following citizens spoke:
Cecil Seacrest, 2980 Oak Trail, made a Powerpoint
presentation. He expressed the concerns of the neighbors
being shell roads/private roads, flooding, the wetlands and
noise.
Pat Card, 3019 Willow Oak Drive, feels the real problem is
that they don't have a zoning that equals what the County's
zoning is. This isn't the first time they have bumped up
against this. They might want to consider adding a zoning
that would allow them to have less houses on the property.
Moving something close to what agricultural zoning is in
the County. Right now they are hurt because of that. This
is the lowest density they currently have in the zoning.
He feels they need to look at changing the zoning and
adding some larger zoning classifications.
Elizabeth Bulholtz, 2970 Oak Trail, stated when she bought
her property she disagreed with the gentleman that said
they could have a house on 2 ~ acres. When she bought that
property, she went to the county and they told her one
house only on the five acres. Most of the other people on
her street that is how their houses were. She didn't
understand this man. He is telling her they are going to
keep two on the five acres and then he is giving it to her
Page 13 of34
Council Regular Meeting
February 5, 2007
grandson. What is going to happen when his grandson gets
older and he says he is allowed to put a house on each
acre. They are going to get piled in with all that dirt
and the water will get pushed to all of the other places.
She feels this isn't fair.
Jerry Fitch, 2967 Oak Trail, agreed with the people on the
whole thing. He has a neighbor to the east of him that
went to the County and he wanted to subdivide his into two
and a half acres and they told him if he was to build today
he would have to have ten acres to build a house there. He
didn't understand how they could put ten houses on ten
acres if he had to have ten acres to build one house. He
expressed concern with the road and the houses having to be
built up three or four feet to make them usable which is
going to push water onto everyone else.
Councilwoman Rogers asked Mr. Lear if there is a house
already on the other five. Mr. Lear informed her the
property was vacant. Councilwoman Rogers stated if the
City were to allow the man a permit on this, has the City
ever dealt with giving someone a permit and putting a
conservation easement over the part of it that is majority
wetland. Mr. Lear stated there have been instances in the
past where single-family lots have had to create their own
retention areas. Councilwoman Rogers stated in other words
the owner would not be able to build on the rest of it
because they would have a signed conservation easement on
it. Mr. Lear stated if they tried to put ten houses on ten
acres with that amount of impact, that developer would have
to pave Oak Trail from Air Park Road to their entrance.
Councilwoman Rogers stated which create a severe problem
because it would be a non-permeable surface and then they
would have more flooding issues.
Councilwoman Lichter stated when the conversation started
she asked if there was anyway to grant his wish for
dividing it in half and seeing if they can put limitations
and stopping it there. She guessed Councilwoman Rogers was
saying approximately the same thing. She could never see
it being ten but if he wants to divide it in half that is a
different story because there is another one that same
size. She thought she was told that that couldn't be done
but now maybe by stating it a different way it can be done.
That is what she would like to try to limit. Obviously
they don't want a development there of ten houses but there
is a precedent for a lot that size being divided in half.
Page 14 of34
Council Regular Meeting
February 5, 2007
She thinks in that way they will comply with their zoning
but they will put an intelligent limit on it because of the
environmental circumstances, which would happen beyond the
City anyway with St. John's and others. Mr. Lear explained
if they tried to split off any more lots than that they
would have to go through the full-blown platting process.
It's just not economically feasible.
Councilwoman Lichter commented on having to do something to
comply or get sued again. She spoke of putting limitations
on it that it could never be more than divided in half.
She asked how they are going to do that.
City Attorney Ciocchetti stated this evening if there will
be anything short of a granting then the motion should be
to table. The applicant is not here and he does have the
opportunity to cross-examine witnesses and to present his
case. This is a quasi-judicial hearing and he has allowed
it to go forward just to hash out some of these issues and
see if there would be an approval. His take on it is this
is a situation where the zoning is being changed to reflect
the Comprehensive Plan. As of now and based on the
information he is receiving from City staff, the Comp Plan
allows for this by right. He is applying for something
that under the Comp Plan he has as a matter of right.
Councilwoman Rhodes asked why they wouldn't zone this City
agriculture. Mr. Lear explained they would have to go back
and amend his future land use, which is a long process.
Councilwoman Lichter asked to handle this particular item
tonight so they can move on and take the City Attorney's
advice. His advice was that they table it for the moment.
City Attorney Ciocchetti stated his recommendation is to
either grant it without exception, grant it as proposed or
to table it with some level of direction for staff to
research it further.
Mayor Thomas pointed out where Coral Trace is, the ditch
that was dug and where it runs to. He pointed out the
center of the hammock where it is really wet. He feels the
whole thing should have never been allowed. They talked
about that in Smart Growth today and they as leaders have
to have the guts to say no on some of this stuff. He knows
they are legally obligated but if they don't say no or if
they table it and find another avenue but that is extremely
Page 15 of 34
Council Regular Meeting
February 5, 2007
wet and if he is allowed to put dirt here and
where is that water going to go. It is going
other people and they are going to build up.
are just shuffling water around.
dig holes
to on these
He feels they
Councilwoman Lichter feels if when they have the potential
of a court case they are well to heed the advice of the
City Attorney. Things they say up there now can be well
used against them in court. The gentleman has to be
present. She feels the best legal way to handle this is to
table it. She hopes that would happen so he could explore
those other ways. They all agree with the analysis of the
water situation.
City Attorney Ciocchetti stated either they grant it as
requested and based on his review and the information he
has received from staff, the applicant has the right under
the Comprehensive Plan for one unit per acre. At least
grant the request on first reading or table it if they are
going to try find some exception there. He wasn't aware of
any exception.
Councilwoman Rhodes asked him if he thought he could find
one. City Attorney Ciocchetti stated there may be other
grounds.
Councilwoman Rhodes stated they could mitigate it for the
future but they can't stop it for right now.
City Attorney Ciocchetti stated as far as the rezoning goes
he wasn't aware of anything to deny it based on the
information he received from staff. Councilwoman Rogers
stated he hasn't reviewed it because he said they reviewed
it and he is basing his decision based upon what staff has
told him. If they move to table this, that would give City
Attorney Ciocchetti the opportunity to do what he needs to
do. Councilwoman Rhodes stated and the man should be
there.
City Attorney Ciocchetti stated and if anything short of
what he requested in his application if anything short of
that were to be granted, he would say table it.
Dot Carlson, 1714 Edgewater Drive, stated if you have to
alter that land and raise any of that land above the water
table you should be in to aqua farming and not building
Page 16 of 34
Council Regular Meeting
February 5,2007
houses. She doesn't see St. John's permitting anything
else on that land than what they have already got.
Councilwoman Rogers informed Ms. Carlson that is from what
she is seeing and from her heart but what they have to deal
with is the comp Plan. That is what they are going to look
at.
Ms. Carlson feels this is going to be a good test case
because what is going to be west of the interstate is going
to be worse.
Mayor Thomas closed the public hearing and entertained a
motion.
Councilwoman Lichter moved to table Ord. 2006-0-37 until
their next regular meeting, March 5th and that the gentleman
involved be sent registered letter to attend, second by
Councilwoman Rhodes.
The MOTION CARRIED 4-0.
Mayor Thomas called a ten-minute recess at this time. The
meeting recessed at 8:10 p.m. and reconvened at 8:25 p.m.
After the break, City Clerk Wadsworth noted for the record
that Councilman Vincenzi was present.
D. 2nd Reading, Ord. No. 2006-0-35, Mark Karet, agent
for Edgewater Airpark, LLC, requesting an amendment
to the Comprehensive Plan Future Land Use Map to
include .60~ acres of property located at 1840
Airpark Road as Commercial (small scale
comprehensive plan amendment)
City Attorney Ciocchetti read Ord. 2006-0-35 into the
record.
Development Services Director Lear made a staff
presentation. He informed Council this item and the next
item were dealing with the same piece of property.
Mark Karet, Zev Cohen & Associates, 55 Seton Trail, Ormond
Beach, thanked staff for their recommendation. They held a
meeting with the neighbors. They have no objections from
the Volusia Growth Management Commission. He would be
happy to answer any questions.
Page 17 of 34
Council Regular Meeting
February 5, 2007
Page 1 of 1
L Mcbride
From: S Wadsworth
Sent: Friday, February 09, 2007 3:14 PM
To: J Williams
Subject: ADVERTISING FOR 2006-0-37
As per your request legal ad charges for change of zoning classification for propery located north of Oak Trail
Legal ad ran on October 26, 2006
January 11, 2007
January 25, 2007
$ 91.00
$ 91.00
$117.00
Legal ad to run on February 22,2007 $117.00
March 22, 2007 $117.00
Total
$533.00
Susan J. Wadsworth, CMC
City Clerk
Edgewater, Florida
"The information transmitted is intended only for the person or entity to
which it is addressed and may contain confidential, proprietary, and/or
privileged material. Any review, retransmission, dissemination or other use
of, or taking of any action in reliance upon, this information by persons or
entities other than the intended recipient is prohibited. If you received
this in error, please contact the sender and delete the material from all
computers."
2/9/2007
I.e...
AGENDA REQUEST
Date: Januarv 23. 2007
PUBLI C
HEARING Februarv 5. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1st Reading - Ordinance No. 2006-0-37
City of Edge water requesting an amendment to
the Official Zoning Map to include 10:1: acres of
land located north of Oak Trail, west of 2967
Oak Trail as RT (Rural Transition).
OWNER: Frank and Donna Morris
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RT (Rural
Transitional) .
PROPOSED USE: Single-family residential
LOCATION: North of Oak Trail, west of 2967 Oak Trail
AREA: lOx acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Transition with Conservation Overlay.
ZONING DISTRICT: Volusia County - A-3 and RC
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use FLUM Desig-nation Zoning- District
North Vacant Conservation Volusia County - RC (Resource
Corridor)
East Single Family Volusia County - Urban Low Volusia County - RC (Resource
Residential Intensity and Environmental Corridor) and A-3 (Transitional
Svstems Corridor Agriculture)
South Single Family Volusia County - Urban Low Volusia County - RC (Resource
Residential Intensity and Environmental Corridor)
Systems Corridor
West Vacant Conservation Volusia County - RC (Resource
Corridor)
Background
This property is located at the western terminus of Oak Trail and was annexed into the City on June 6,
1994. The amendment to the Future Land Use Map was completed in December 2001, with several
other amendments. The 10 acre site contains two (2) five (5) acre parcels, the property owner is
proposing to split the eastern parcel into two (2) 2-Y2 acre parcels.
RZ-0617 - Morris
At their regular meeting of August 8, 2006 the Planning and Zoning Board voted 5-0 to send a favorable
recommendation to City Council for the proposed amendment to the Official Zoning Map.
City Council continued this request at their November 6, 2006 meeting.
Land Use Compatibility
The proposed amendment is compatible with the surrounding area of residential uses.
Adequate Public Facilities
This site has access to Oak Trail. City water is currently available to this site. Sewer service is
currently not available at this time.
Natural Environment
Due to the Conservation Overlay on this site an environmental analysis must be provided and
approved by staff prior to anyon-site development.
Comprehensive Plan Consistency
The Zoning Classification ofRT (Rural Transitional) is compatible with the Future Land Use designation
of Low Density Transition per Table III -1 of the Land Development Code.
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-37: amending the Official Zoning Map to include 10:1:
acres of land located north of Oak Trail, west of 2967 Oak Trail as RT (Rural Transition).
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-37.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: November 6.2006
AGENDA ITEM NO. 7J
~~/~'~~
Robin Matusick
Paralegal
~~~.\0'\'~h~~~ ~..
J\>n C. Williams '\
City Manager
RZ-0617 - Morris
2
INTEROFFICE MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
JON C. WILLIAMS, CITY MANAGER J
DARREN LEAR, DEVEOLOPMENT SERVICES DIRECTOR D~
OAK TRAIL REZONING; MORRIS PROPERTY
12/22/06
Staff contacted Jay Preston from V olusia County regarding the proposed rezoning of the above-referenced
property pursuant to the direction given to staff at the November 6, 2006 City Council meeting.
Mr. Preston stated that the letter from him presented at dle Council meeting from an adjacent property
owner was in reference to another property along Oak Trail, which is not in the City, and not the Morris
property. Several significant discussion points were brought forward from discussions with Mr. Preston and
are as follows:
-} The applicant is requesting a rezoning to City RT (Rural Transitional), which is the most compatible
zoning designation with their current City Future Land Use designation of Low Density Transition
(this Future Land Use was adopted by City Council on November 5, 2001).
-} Volusia County zoning of A-3 does allow for lot sizes of 2.5 acres. Vol usia County A-3 is the current
zoning on the property and the applicant is requesting a City zoning designation since the property is
within the City limits and has been since 1994.
-} Volusia County utilizes the U.S.G.S. flood maps to determine flood plain encroachments, while the
City uses F.E.M.A. flood maps, which is mandatory as the City is a participant in the National Flood
Insurance Program (NFIP).
-} Communities that agree to manage flood hazard areas by adopting minimum regulatory standards
may participate in the NFIP. If a community does not participate in the program, property owners in
that jurisdiction are not able to purchase federally backed flood insurance. Also, federal grants, loans,
disaster assistance, and Federal mortgage insurance are unavailable for the acquisition or construction
of structures located in the floodplain as shown on the NFIP maps.
-} Per the U.S.G.S. flood maps (County), the subject property is in the 100-year flood plain.
-} Per the F.E.M.A. flood maps (City), the subject property is not in the 100-year flood plain.
-} Mr. Preston stated that if the Morris' requested a split to create 2, 2-1/2 acre parcels in the County
they would most likely be denied pursuant to Sec. 202.01(6)(c) of the Volusia County Land
Development Code, which states the property"... shall contain ten thousand (10,000) square feet of
contiguous buildable area above the 100-year flood-prone level of the existing lot". However, the
City is not bound by the USGS Maps the County uses and, as previously stated, the FEMA map lists
this property in Zone X, outside the 100-year flood plain.
~ Mr. Preston also stated that the City is not bound by the County regulations, the County will not be
reviewing the minor lot split application and that he saw no reason the County would submit a letter
of objection to the proposed Zoning Map Amendment.
~ It should be noted that the only request being brought before City Council is the Zoning Map
amendment to bring the property into compliance with the Comprehensive Plan. According to
Foley & Lardner, a property owner has a legal right to a zoning classification compatible to their
Future Land Use designation. The Future Land Use designation of these 2 parcels is Low Density
Transition; per the City of Edgewater Land Development Code, Table III-l, the proposed RT (Rural
Transitional) zoning classification is the only listed compatible zoning district for this current Future
Land Use.
ORDINANCE NO. 2006-0-37
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 10.00 ACRES LOCATED NORTH OF
OAK TRAIL, WEST OF 2967 OAK TRAIL, EDGEWATER,
FLORIDA, FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL);
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 Edge water, applicant/agent on behalf of Frank and Donna Morris, owners, for
property located North of Oak Trail, West of2967 Oak Trail, Edgewater, Florida. Subject property
contains approximately 10.00 ::!: acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
classification from County A-3 (Transitional Agriculture) to City RT (Rural Transitional) for the
property described herein.
3. On August 9, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 5 - 0, the Board
recommended that City Council consider approval of the request.
4. On November 6, 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 October 26, 2006.
Stlo,k till oogh passages are deleted.
Underlined passages are added.
2006-0-37
5. On January 22,2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on January 11, 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 f rom 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 t1llough passages are deleted.
Underlined passages are added.
2006-0-37
2
rather than a legislative act of the City Counil.
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
A-3 (Transitional Agriculture) to City RT (Rural Transitional).
The following described real property all lying and being in the County of V olusia
and State of Florida.
PARCEL #1-
A portion of Lots 15 and 16, Model Land Company Subdivision as recorded in Map
Book 5, Page 187 of the Public Records of V olusia County, Florida described as
follows:
Commence at Southeast corner of Lot 22, said Model Land Company Subdivision;
thence S 69038'30" W along the Southerly line of said Model Land Company
Subdivision a distance of2687.55 feet; thence N 21007'05" W, a distance of 622.50
feet for the Point of Beginning; thence continue N 21007'05" W, a distance of622.50
feet to the Northerly line of said Model Land Company Subdivision; thence N
69038'30" E along said Northerly line a distance of 350.00 feet; thence S 21007'05"
E, a distance of 622.50 feet; thence S 69038'30" W, a distance of 350.00 feet to the
Point of Beginning.
Together with the right to use the following described property for ingress and egress:
Commence at a concrete monument being the Southeast corner of Lot 22, Model
Land Company Subdivision, as recorded in Map Book 5, page 187 of the Public
Records of Vol usia County, Florida; thence South 69038' 30" West along the South
line of said Model Land Company Subdivision, a distance of 169.23 feet to the West
Right-of- Way of Air Park Road (County Road) a 50 foot Right-of-Way as now laid
out; thence North 23 024'1 0" West a distance of 593 .29 feet to the South line of a 60
foot Road and Utility Easement and the Point of Beginning; thence South 69038'30"
West and parallel to the South line of Model Land Company Subdivision
aforementioned for a distance of 2144.67 feet; thence North 21007'05" West a
distance of60.00 feet; thence North 69038'30" East, a distance of2142.27 feet to the
StI tick till otlgh passages are deleted.
Underlined passages are added.
2006-0-37
3
West Right-of- Way of said Air Park Road; thence South 23024' 10" East, along the
said West Right-of-Way a distance of60.08 feet to the Point of Beginning.
Containing 5.00 :!: acres more or less.
PARCEL #2 -
A parcel of land lying in and being a part of Lots 16 and 17, Model Land Company
Subdivision, according to the plat thereof as recorded in Map Book 5, Page 187, of
the Public Records of Vol usia County, Florida, being more particularly described as
follows:
Commence at the Southeast corner of Lot 22, said Model Land Company
Subdivision, thence South 69038'30" West along the South line of said Model Land
Company Subdivision for a distance of 169.23 feet to the West Right-of- Way of Air
Park Road (County Road), a 50 foot Right-of-Way as now laid out; thence North
23 024' 10" West along said West Right-of-Way for a distance of 1246.47 feet to the
South Right-of-Way of a 30 foot platted road as shown on Plat of Model Land
Company Subdivision, aforementioned; thence South 69038'30" West along said
South Right-of- Way for a distance of 1768.62 feet for the Point of Beginning; thence
South 21007'05" East and parallel to the East line of said Lot 22 for a distance of
622.5 feet; thence South 69038'30" West for a distance of 350 feet thence North
21007'05" West for a distance of622.5 feet to the South Right-of-Way of the 30 foot
platted road aforementioned; thence along said South Right-of- Way North 69038'30"
East for a distance of350 feet to the Point of Beginning.
Said Property being also known as Parce116 of Stanley Acres Phase I, an Unrecorded
Subdivision.
Together with the right to use a 60 foot easement for road and utility purposes more
particularly described as follows:
Commence at a concrete monument being the Southeast corner of Lot 22, Model
Land Company Subdivision, according to the plat thereof as recorded in map Book
5, Page 187, of the Public Records of Volusia County, Florida; thence South
69038'30" West along the South line of said Model Land Company Subdivision for
a distance of 169.23 feet to the West Right-of- Way of Air Park Road (County Road)
a 50 foot Right-of-Way as now laid out; thence North 23024'10" West for a distance
of593.29 feet to the South line ofa 60 foot Road and Utility Easement and the Point
of Beginning; thence South 69038'30" West and parallel to the South line of Model
Land Company Subdivision aforementioned for a distance of 2144.67 feet; thence
Stltlck t1l1otlgh passages are deleted.
Underlined passages are added.
2006-0-37
4
North 21007'05" West for a distance of 60.00 feet; thence North 69038'30" East for
a distance of2142.27 feet to the West Right-of-Way of said Air Park Road; thence
South 23024'10" East along the said West Right-of-Way for a distance of 60.08 feet
to the Point of Beginning.
Containing 5.00 i acres more or less.
For a total of Parcel #1 and Parcel #2 containing 10.00 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,
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
Struck through passages are deleted.
Underlined passages are added.
2006-0-37
5
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 November 6, 2006 Council meeting a Motion was made to TABLE the first
reading by Councilwoman Lichter with Second by Councilwoman Rogers, Council approved.
After Motion to approve by
and Second by
, the vote on the first reading of this ordinance held on February 5, 2007
is as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
StI I1Gk tlllObgh passages are deleted.
Underlined passages are added.
2006-0-37
6
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 1. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 5th day of March, 2007.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
Susan J. Wadsworth
City Clerk
By:
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 5th day of
March, 2007 under Agenda Item No. 7_.
StI tlGk till otlgh passages are deleted.
Underlined passages are added.
2006-0-37
7
€
Cll
(J) g.
;0.... Q::
.~ 13
<IZ ~ .~
~i
'jij
...
I-
.Jit.
III
o
/
\. "
INTEROFFICE MEMORANDUM
TO:
FROM:
JON C. WILLIAMS, CIlY MANAGER J
DARREN LEAR, DEVEOLOPMENT SERVICES DIRECTOR D~
OAK TRAIL REZONING; MORRIS PROPERlY
12/22/06
SUBJECT:
DATE:
Staff contacted Jay Preston from Volusia County regarding the proposed rezoning of the above-referenced
property pursuant to the direction given to staff at the November 6, 2006 City Council meeting.
Mr. Preston stated that the letter from him presented at the Council meeting from an adjacent property
owner was in reference to another property along Oak Trail, which is not in the City, and not the Morris
property. Several significant discussion points were brought forward from discussions with Mr. Preston and
are as follows:
-{> The applicant is requesting a rezoning to City RT (Rural Transitional), which is the most compatible
zoning designation with their current City Future Land Use designation of Low Density Transition
(this Future Land Use was adopted by City Council on November 5, 2001).
-{> Volusia County zoning of A-3 does allow for lot sizes of 2.5 acres. Volusia County A-3 is the current
zoning on the property and the applicant is requesting a City zoning designation since the property is
within the City limits and has been since 1994.
-{> Volusia County utilizes the U.S.G.S. flood maps to determine flood plain encroachments, while the
City uses F.E.M.A. flood maps, which is mandatory as the City is a participant in the National Flood
Insurance Program (NFIP).
-{> Communities that agree to manage flood hazard areas by adopting minimum regulatory standards
may participate in the NFIP. If a community does not participate in the program, property owners in
that jurisdiction are not able to purchase federally backed flood insurance. Also, federal grants, loans,
disaster assistance, and Federal mortgage insurance are unavailable for the acquisition or construction
of structures located in the floodplain as shown on the NFIP maps.
-{> Per the U.S.G.S. flood maps (County), the subject property is in the lOa-year flood plain.
-{> Per the F.E.M.A. flood maps (City), the subject property is not in the lOa-year flood plain.
-{> Mr. Preston stated that if the Morris' requested a split to create 2, 2-1/2 acre parcels in the County
they would most likely be denied pursuant to Sec. 202.01(6)(c) of the Volusia County Land
Development Code, which states the property"... shall contain ten thousand (10,000) square feet of
contiguous buildable area above the lOa-year flood-prone level of the existing lot". However, the
City is not bound by the USGS Maps the County uses and, as previously stated, the FEMA map lists
this property in Zone X, outside the lOa-year flood plain.
s' ~
~ Mr. Preston also stated that the City is not bound by the County regulations, the County will not be
reviewing the minor lot split application and that he saw no reason the County would submit a letter
of objection to the proposed Zoning Map Amendment.
~ It should be noted that the only request being brought before City Council is the Zoning Map
amendment to bring the property into compliance with the Comprehensive Plan. According to
Foley & Lardner, a property owner has a legal right to a zoning classification compatible to their
Future Land Use designation. The Future Land Use designation of these 2 parcels is Low Density
Transition; per the City of Edgewater Land Development Code, Table 111-1, the proposed RT (Rural
Transitional) zoning classification is the only listed compatible zoning district for this current Future
Land Use.
J. 1st Reading, Ord. No. 2006-0-37, City of
Edgewater, applicant on behalf of Frank and Donna
Morris, requesting an amendment to the Official
Zoning Map to include 10~ acres of land located
north of Oak Trail, west of 2967 Oak Trail as RT
(Rural Transitional) (rezoning)
Assistant City Attorney Palmer read Ord. 2006-0-37 into the
record.
Development Services Director Lear made a staff
presentation.
Councilwoman Lichter asked if they are allowed to have
horses out there. Mr. Lear stated not if they are within
the City limits.
Councilwoman Rogers stated if she understood correctly,
this is two five-acre tracts. The zoning for this
particular area is one unit per acre and all the applicant
is requesting is to change it to 1 unit to a 2.5 acre
tract. She asked Mr. Lear if he knew what the plans were
for this property. Mr. Lear informed her he believed he
would be selling those two 2 ~ acre tracts and he believed
he was keeping the westerly tract.
Councilwoman Rogers asked if this is adjacent to another
property that they did the same thing on a while back. Mr.
Lear informed her it was down the street.
Mayor Thomas stated he isn't real happy because this is in
the Hammock but it is sitting in the County and we want to
take it in as the last two parcels. Mr. Lear informed him
it was annexed in 1994.
Mayor Thomas opened the public hearing.
The following citizens spoke:
Cecil Secrest, 2980 Oak Trail, stated he got this in the
mail a week ago saying they wanted to change this from A-3
to RT. He found out that RT was one house per acre. He
stated they could only have one house for five acres. Last
year they petitioned the County to subdivide one of the
five acres into 2 ~ acres and they turned them down. They
Page 26 of61
Council Regular Meeting
November 6, 2006
are in the lOO-year floodplain and they said they could not
do that. He then went over some slides of the area.
Mr. Secrest asked if the City zoned it RT if there was any
possibility someone could come in and put ten homes in
there. He hoped not. He hoped if they rezoned it that
there is some stipulation that it says they do that.
Mr. Secrest stated he talked to Volusia County today and
they informed him because they are in the lOO-year
floodplain that they were not allowed to build more than
one house per five acres. That is what they have to live
with.
Mr. Secrest stated they have tried the best they can to
preserve the Volco Hammock. He used to hunt out there
fifty years ago. He hates to see all this construction
going on and taking all the wildlife away.
Mayor Thomas thanked him and informed him he had run out of
time. Mr. Secrest stated he asked Councilwoman Rhodes if
he was tied to the three minutes and she told him no.
Councilwoman Rhodes stated she did so Mayor Thomas allowed
him to continue speaking.
Mr. Secrest commented on their shell road that they have to
maintain. He then commented on raising the road when he
built his home and the portion of the land they have left
alone. He commented on the wildlife that comes through the
property.
Mr. Secrest pointed out an area that floods from water that
comes from Air Park. He spoke of trying to preserve what
they had many years ago on the Volco Hammock. He commented
on the property for sale on SR 442.
Councilwoman Lichter asked Mr. Lear if in his background
search he found any evidence of water on the property. Mr.
Lear stated he was out there today and the water wasn't as
bad as what was portrayed in Mr. Secrest's slide.
Councilwoman Lichter asked if this was part of a larger
parcel that got then subdivided once already. Mr. Lear
stated he believed it was an unrecorded subdivision in
Volusia County.
Page 27 of 61
Council Regular Meeting
November 6, 2006
Councilwoman Lichter asked if there was some reason that
these two lots were different than the rest of the homes
near it. Mr. Lear stated they are closer to the Turnbull
Hammock as closer you get to Air Park Road. It is
important to remember it was annexed and they do have a
land use of one unit per one acre in the City and they are
required to rezone them to something that is comparable to
that land use.
Councilwoman Rogers stated so in 1994 it was annexed into
the city and in the county it was one unit per acre there.
Mr. Lear commented on the A-3 zoning they could have a
minimum one-acre lot. He wasn't aware of what they had
talked to the County about with the lOa-year floodplain.
Councilwoman Rogers stated right now what they are doing is
a rezoning. She didn't know what could be done as far as
the situation with one unit per acre. Looking at the
pictures of this property and listening to Mr. Secrest,
before she moved to Edgewater she lived on land just like
that: She asked if there is anything they can do to keep
it like it is at one unit per five acres. What Mr. Lear is
telling her is they can't because they have to rezone it to
something that is comparable. Mr. Lear stated the greatest
density they have is agriculture which is one per 2.5 acres
and they would have to amend the future eland use again
which is going to be a large scale amendment and it will
take nine months. Councilwoman Rogers commented on dealing
with mound shaped septic tanks because of the low land.
They are dealing with wells. Mr. Lear informed her City
water is available on this property. Councilwoman Rogers
spoke of having a private road, not a County maintained
road. She didn't see ditches on each side and a drainage
system. She would think that St. John's would most likely
not give a permit because of the drainage problems on his
property. Mr. Lear informed her they would be exempt from
St. John's. Councilwoman Rogers asked why. Mr. Lear
informed her because they don't meet the threshold of the
4,000 square foot of impervious or the 5,000 building.
Councilwoman Rogers stated but they have to have some
fortitude to look at what problems the citizens in that
area have currently and the citizens in the future would
have.
Councilwoman Rogers further commented on dealing with
hurricanes on her old property. It is awful.
Page 28 of61
Council Regular Meeting
November 6, 2006
Councilman Vincenzi stated right now it is in the City. He
asked what it is zoned for now. Mr. Lear informed him it
still had the County zoning of A-3 on it at this point.
Councilman Vincenzi stated which allows what. Mr. Lear
stated from his research it is one-acre lots in A-3 zoning.
Councilman Vincenzi stated if this was still in the County
they could potentially put ten houses in there. Mr. Lear
stated being in the City with the land use designation it
has right now they could do ten houses but that isn't the
request. Councilman Vincenzi stated they probably wouldn't
be able to with the drainage issues. Mr. Lear stated it
would be the full-blown subdivision plat at that point.
Councilman Vincenzi stated so they are asking for rezoning
to. Mr. Lear informed him Rural Transitional. Councilman
Vincenzi stated which is. Mr. Lear stated one unit per one
acre, which matches the future land use.
Councilwoman Rhodes stated but they don't intend to put one
unit on one acre. Mr. Lear stated what they have told
staff is to keep the one westerly five acres and split the
easterly five acres in half to make two and a half acre
lots.
Councilman Vincenzi questioned them wanting to develop the
one five acres closer to Air Park. Mr. Lear pointed out on
a map the property to keep and the property to split.
Councilwoman Lichter asked if there are any lots left on
that. Mr. Lear informed her that was all that was within
the City.
Councilwoman Lichter asked what the situation was with the
ones that divided. Instead of being five acres, they have
already divided the end ones. She asked how the one closer
to the north was divided. Mr. Lear stated that is the one
that Councilwoman Rogers was talking about that they
previously annexed into the City. Councilwoman Lichter
asked if there were two houses on that parcel. Mr. Lear
informed her there is one to the south and one to the
north. Councilwoman Lichter asked Mr. Lear to point out
the parcel to the north, which he did at this time.
Councilwoman Rhodes stated if they zone it one per acre
then that means they could build one per acre if they so
desire. Mr. Lear informed her that was correct, but it
does have the land use existing that allows one per one
acre. If they were to do that they would have to come back
Page 29 of 61
Council Regular Meeting
November 6, 2006
through Council anyway. A subdivision of ten units there
wouldn't be feasible. Councilwoman Rhodes stated so with
what they want to do now, they have three units instead of
two. Mr. Lear informed her that was correct. Councilwoman
Rhodes stated and they don't have a zoning that would give
only two. They would need to develop one for that. Mr.
Lear informed her that was correct. Councilwoman Rhodes
stated and that would take them some time to do that.
Mayor Thomas stated in the Turnbull Hammock going toward
Air Park Road is higher and when you start going towards
the middle it gets lower. That is why the two parcels at
the front could possibly work. He felt it was all low out
there. He asked if he voted yes, that allows him to do
what. Mr. Lear informed him they are only giving it a City
zoning designation. Mayor Thomas asked if that would
change anything. Mr. Lear informed him they would probably
have to wait and come back and try again at another date.
Assistant City Attorney Palmer stated it is his
understanding it was annexed previously and now has a City
Comp Plan designation, which would allow one unit per one
acre. A general statement of the law is the owner of the
property is entitled to existing City zoning classification
consistent with their Comp Plan designation. If it is the
will of the majority of the Council to not go with this
rezoning, it would be one alternative to go back and try to
bring an amendment to the Comp Plan to reclassify it under
the current City Comprehensive plan at which time they
would still be entitled to a City zoning classification
consistent with whatever the new Comp Plan land use
classification would be.
Mayor Thomas stated if they wanted to build one house and
take a boat to their property and fight mosquitoes, that is
up to them. He doesn't want to subdivide that other lot.
Mayor Thomas opened up the public hearing.
The following citizens spoke:
Anthony Lancellotta, 2923 Oak Trial, stated he was the one
that split his property this year. His property is a lot
higher. The further you go down the street, it is all
swamp. He questioned where the water is going to go. He
felt they should go out and look at it and then make their
decision.
Page 30 of 61
Council Regular Meeting
November 6, 2006
Frank Morris, owner of the property, stated as he
understands it now, they can make ten houses on the
property. The street and that was zoned two and a half
acres, they are trying to prevent that. They are going to
keep the one five acres. They wanted to split that to two
and a half acres so they don't put five acres on there to
keep the integrity of the streets and everything flowing.
To the north, that is the fire range and City dump that was
in there before that. All they are asking was to take that
eastern part and make it two and a half acres and keep the
five acres off in there to five houses. They are thinking
about in the future giving his son two and a half acres.
They don't want one house per acre to go into there. They
want to keep that property as it is and subdivide the one
property. He wants to keep the other property for his
grandson but they have no plans for it.
Mayor Thomas asked if he wanted to build one house on the
five acres. Mr. Morris stated they don't have any plans
for the ten acres. They are trying to prevent ten houses
from going on the property. They are trying to subdivide
their property to go along with the rest of the people on
the street to make it two and a half acres so they can't
put five houses on this five lots. They understand the
water accumulates out there and they would have to bring it
up to City code if they decide to build out there.
Councilwoman Rhodes stated she would like to not vote on
this tonight and she would like Mr. Lear to research why
the County won't let them subdivide their property that is
right next door. If there is a valid reason for that then
they might need to know that.
Councilwoman Lichter would like to go to the property.
Councilwoman Rogers commented on the property being in the
IOO-year floodplain. Mr. Lancellotta's property was
approved no one came in talking against it. She asked if
his property is in the IOO-year flood plain. Even if this
property was zoned one per one, if it is in the IOO-year
floodplain they wouldn't be able to build anyway so they
wouldn't get one per one. She felt they should put this
off and the IOO-year floodplain also needs to be
researched.
Page 3 1 of 61
Council Regular Meeting
November 6,2006
Mr. Morris mentioned asking Scott Beasley, the head Zoner
for Volusia County, what happens if the two parcels are
still in the County if he could build ten houses. Mr.
Beasley informed him next year if they want to go to the
wetlands it is ten acres per one house in Volusia County.
Mayor Thomas closed the public hearing and entertained a
motion.
Councilwoman Lichter made a motion to postpone the decision
this evening until they arranged for a field trip and a
little more thorough research into the background, second
by Councilwoman Rhodes.
City Manager Williams mentioned specifying a time certain.
Assistant City Attorney Palmer stated they could mention a
time certain in the motion. The drawback is if all of the
research isn't completed by the time certain, they have to
continue it again.
Mayor Thomas commented on the property being dry right now.
When it is wet it is extremely wet.
Assistant City Attorney Palmer stated just to continue
until the research is done, the drawback would be the
public hearing would have go be readvertised.
Councilwoman Lichter didn't want a date certain because she
didn't know when they could arrange it.
Councilwoman Rogers seconded the motion after it had
already been seconded by Councilwoman Rhodes.
The MOTION CARRIED 5 - 0 .
K. 1st Reading, Ord. No. 2006-0-34,
amendments/modifications to Ord. No. 99-0-08,
Ord. No. 2000-0-14 and the Police Retirement
Plan, removed on 9/25/06, Item 6D
Assistant City Attorney Palmer read Ord. 2006-0-34 into the
record.
City Manager Williams made a staff presentation.
Page 32 of61
Council Regular Meeting
November 6, 2006
AGENDA REQUEST
Date: October 12. 2006
PUBLI C
HEARING November 6. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2006-0-37
City of Edgewater requesting an amendment to
the Official Zoning Map to include 10::1: acres of
land located north of Oak Trail, west of 2967
Oak Trail as RT (Rural Transition).
OWNER: Frank and Donna Morris
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RT (Rural
Transitional) .
PROPOSED USE: Single-family residential
LOCATION: North of Oak Trail, west of 2967 Oak Trail
AREA: 10:!: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Transition with Conservation Overlay.
ZONING DISTRICT:
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant Conservation Volusia County - RC (Resource
Corridor)
East Single Family Volusia County - Urban Low Volusia County - RC (Resource
Residential Intensity and Environmental Corridor) and A-3 (Transitional
Svstems Corridor Agriculture)
South Single Family Volusia County - Urban Low Volusia County - RC (Resource
Residential Intensity and Environmental Corridor)
Systems Corridor
West Vacant Conservation Volusia County - RC (Resource
Corridor)
Background
This property is located at the western terminus of Oak Trail and was annexed into the City on June 6,
1994. The amendment to the Future Land Use Map was completed in December 2001, with several
other amendments. The 10 acre site contains two (2) five (5) acre parcels, the property owner is
proposing to split the eastern parcel into two (2) 2-Y2 acre parcels.
RZ-0617 - Morris
At their regular meeting of August 8, 2006 the Planning and Zoning Board voted 5-0 to send a favorable
recommendation to City Council for the proposed amendment to the Official Zoning Map.
Land Use Compatibility
The proposed amendment is compatible with the surrounding area of residential uses.
Adequate Public Facilities
This site has access to Oak Trail. City water is currently available to this site. Sewer service is
currently not available at this time.
Natural Environment
Due to the Conservation Overlay on this site an environmental analysis must be provided and
approved by staff prior to anyon-site development.
Comprehensive Plan Consistency
The Zoning Classification ofRT (Rural Transitional) is compatible with the Future Land Use designation
of Low Density Transition per Table III-1 of the Land Development Code.
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-37: amending the Official Zoning Map to include 10::l:
acres of land located north of Oak Trail, west of 2967 Oak Trail as RT (Rural Transition).
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-37.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~":"'fTy-it1J~~
Robin Matusick
Paralegal
'\1
RZ-0617 - Morris
2
ORDINANCE NO. 2006-0-37
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICUL TURE) TO CITY RT (RURAL TRANSITIONAL)
FOR PROPERTY LOCATED NORTH OF OAK TRAIL, WEST
OF 2967 OAK TRAIL, EDGEW A TER, 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 Edge water, applicant/agent on behalf of Frank and Donna Morris, owners, for
property located North of Oak Trail, West of2967 Oak Trail, Edgewater, Florida. Subject property
contains approximately 10.00 ::!: acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
classification from County A-3 (Transitional Agriculture) to City RT (Rural Transitional) for the
property described herein.
3. On August 9, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 5 - 0, the Board
recommended that City Council consider approval of the request.
4. On November 6, 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 October 26, 2006.
StII1Gk tIlIol1~I, passages are deleted.
Underlined passages are added.
2006-0-37
5. On January 22,2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on January 11, 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 Edgewater, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described pro.perty is hereby changed from County
A-3 (Transitional Agriculture) to City RT (Rural Transitional).
The following described real property all lying and being in the County of V olusia
Stl t1c,k till otl~h passages are deleted.
Underlined passages are added.
2006-0-37
2
and State of Florida.
PARCEL #1 -
A portion of Lots 15 and 16, Model Land Company Subdivision as recorded in Map
Book 5, Page 187 of the Public Records of V olusia County, Florida described as
follows:
Commence at Southeast comer of Lot 22, said Model Land Company Subdivision;
thence S 69038'30" W along the Southerly line of said Model Land Company
Subdivision a distance of2687.55 feet; thence N 21007'05" W, a distance of 622.50
feet for the Point of Beginning; thence continue N 21007'05" W, a distance of622.50
feet to the Northerly line of said Model Land Company Subdivision; thence N
69038'30" E along said Northerly line a distance of 350.00 feet; thence S 21007'05"
E, a distance of 622.50 feet; thence S 69038'30" W, a distance of 350.00 feet to the
Point of Beginning.
Together with the right to use the following described property for ingress and egress:
Commence at a concrete monument being the Southeast comer of Lot 22, Model
Land Company Subdivision, as recorded in Map Book 5, page 187 of the Public
Records of Vol usia County, Florida; thence South 69038' 30" West along the South
line of said Model Land Company Subdivision, a distance of 169.23 feet to the West
Right-of-Way of Air Park Road (County Road) a 50 foot Right-of-Way as now laid
out; thence North 23024'10" West a distance of593.29 feet to the South line ofa 60
foot Road and Utility Easement and the Point of Beginning; thence South 69038'30"
West and parallel to the South line of Model Land Company Subdivision
aforementioned for a distance of 2144.67 feet; thence North 21007'05" West a
distance of60.00 feet; thence North 69038'30" East, a distance of2142.27 feet to the
West Right-of-Way of said Air Park Road; thence South 23024'10" East, along the
said West Right-of- Way a distance of 60.08 feet to the Point of Beginning.
Containing 5.00 :i: acres more or less.
PARCEL #2 -
A parcel ofland lying in and being a part of Lots 16 and 17, Model Land Company
Subdivision, according to the plat thereof as recorded in Map Book 5, Page 187, of
the Public Records of V olusia County, Florida, being more particularly described as
follows:
Commence at the Southeast comer of Lot 22, said Model Land Company
Stl tick till OtIgh passages are deleted.
Underlined passages are added.
2006-0-37
3
Subdivision, thence South 69038'30" West along the South line of said Model Land
Company Subdivision for a distance of 169.23 feet to the West Right-of- Way of Air
Park Road (County Road), a 50 foot Right-of-Way as now laid out; thence North
23024'10" West along said West Right-of-Way for a distance of 1246.47 feet to the
South Right-of-Way of a 30 foot platted road as shown on Plat of Model Land
Company Subdivision, aforementioned; thence South 69038'30" West along said
South Right-of- Way for a distance of 1768.62 feet for the Point of Beginning; thence
South 21007'05" East and parallel to the East line of said Lot 22 for a distance of
622.5 feet; thence South 69038'30" West for a distance of 350 feet thence North
21007'05" West for a distance of622.5 feet to the South Right-of-Way ofthe 30 foot
platted road aforementioned; thence along said South Right-of- Way North 69038'30"
East for a distance of 350 feet to the Point of Beginning.
Said Property being also known as Parcel 16 of Stanley Acres Phase I, an Unrecorded
Subdivision.
Together with the right to use a 60 foot easement for road and utility purposes more
particularly described as follows:
Commence at a concrete monument being the Southeast corner of Lot 22, Model
Land Company Subdivision, according to the plat thereof as recorded in map Book
5, Page 187, of the Public Records of Volusia County, Florida; thence South
69038'30" West along the South line of said Model Land Company Subdivision for
a distance of 169.23 feet to the West Right-of- Way of Air Park Road (County Road)
a 50 foot Right-of-Way as now laid out; thence North 23024'10" West for a distance
of 593.29 feet to the South line of a 60 foot Road and Utility Easement and the Point
of Beginning; thence South 69038'30" West and parallel to the South line of Model
Land Company Subdivision aforementioned for a distance of 2144.67 feet; thence
North 21007'05" West for a distance of 60.00 feet; thence North 69038'30" East for
a distance of2142.27 feet to the West Right-of-Way of said Air Park Road; thence
South 23024'10" East along the said West Right-of-Way for a distance of 60.08 feet
to the Point of Beginning.
Containing 5.00 ~ acres more or less.
For a total of Parcel #1 and Parcel #2 containing 10.00 ~ acres more or less.
Map of subject property is reflected on Exhibit" A" and incorporated herein.
Stltlck till on~h passages are deleted.
Underlined passages are added.
2006-0-37
4
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,
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 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.
Stltlck tldotlgh passages are deleted.
Underlined passages are added.
2006-0-37
5
PARTG.
ADOPTION.
After Motion to approve by
and Second by
, the vote on the first reading of this ordinance held on November 6,2006
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
StI tick till otlgh passages are deleted.
Underlined passages are added.
2006-0-37
6
PASSED AND DULY ADOPTED this 22nd 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 o,k t1uougI. passages are deleted.
Underlined passages are added.
2006-0-37
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 22nd day
of January, 2007 under Agenda Item No.
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AGENDA REQUEST
Date: April 25. 2007
PUBLIC
HEARING May 7.2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
I st Reading - Ordinance No. 2007-0- I I
Halstead Resources Inc, requesting an amendment to
the Comprehensive Plan Future Land Use Map to
include .63:1: acres of land located west of 121 Marion
A venue as Commercial.
OWNER: Halstead Resources, Inc.
APPLICANT/AGENT: Halstead Resources, Inc.
REQUESTED ACTION: Amend the Comprehensive Plan Future Land Use Map to include property as Commercial
PROPOSED USE: Construction of an office/warehouse complex
LOCATION: West of 121 West Marion Avenue
AREA: .63:1: total acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Commercial and Medium Density Residential
ZONING DISTRICT: B-3 (Highway Commercial)
VOTING DISTRICT: 1
SURROUNDING AREA:
Currellt Lalld Use FLUM Desif!llatioll ZOllillf! District
North Multi Family Residence Medium Density Residential R-4 (Single Family Residential)
East Multi Family Residence Commercial B-3 (Highway Commercial)
South Mobile Home Park Medium Density Residential MH I (Mobile Home Park)
West Commercial Industrial 1-2 (Heavy Industrial)
Background
This parcel has a total of 3:1: acres with a majority designated with a Commercial Future Land Use; however, a small
portion of the property (.63:1: acres) has a Future Land Use designation of Medium Density Residential. This
designation is inconsistent with the Commercial Future Land Use designation on the remainder of the property;
therefore the applicant is requesting to amend the Future Land Use Map for consistency.
At their regular meeting of March 14, 2007 the Planning and Zoning Board voted 7-0 to send a favorable
recommendation to City Council for this request.
The proposed Future Land Use Map amendment was sent to the Volusia Growth Management Commission on April
CPA-0701 - Halstead
11, 2007 for review and Certification.
Land Use Compatibility
The proposed use of office/warehouse is compatible with the surrounding area along Marion A venue.
Adequate Public Facilities
This site is served by the City's water and sewer service area and has direct roadway access to West Marion Avenue.
Natural Environment
There are no known environmental issues associated with this site.
Comprehensive Plan Consistency
This amendment shall bring the Future Land Use designation of this portion of the parcel into conformance with the
current Future Land Use on the majority of the property.
Other Matters
Prior to anyon-site development, the applicant wiII be required to obtain site plan approval.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2007-0-11; amending the Comprehensive Plan Future Land Use Map to
include .63:1: acres of land located west of 121 Marion A venue as Commercial.
ACTION REQUESTED
Motion to approve Ordinance No. 2007-0-11.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~~J~\
Robin Matusic
Paralegal
.~ ~\\)
CPA-0701 - Halstead
2
ORDINANCE NO. 2007-0-11
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 0.63:!: ACRES
LOCATED WEST OF 121 WEST MARION AVENUE,
EDGEWATER, FLORIDA AND AMEND FROM CITY
MEDIUM DENSITY RESIDENTIAL TO CITY
COMMERCIAL; 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 PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Halstead Resources, Inc., owner/applicant of property located West of 121 West
Marion Avenue, within V olusia County, Florida. Subject property contains approximately 0.63 :!:
acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
owner/applicant is requesting a Comprehensive Plan Amendment for the subject property. The
requested Amendment would change the Future Land Use Map designation from City Medium
Density Residential to City Commercial for the property described herein.
2007-0-11
St. tlc.k till ough passages are deleted.
Underlined passages are added.
3. On March 14, 2007, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
7 to 0, recommended that the City Council approve the request.
4. In a letter dated April 20, 2007 and May17, 2007, the Legal Department notified the
owners by mail of the property and all property owners who own real property directly affected by
the proposed action within 300 feet of the subject property regarding the pending Amendment.
5. On May 7, 2007, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(l)(c), Florida Statutes, on June 4, 2007, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Observer on Thursday, May 24,2007.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That 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 for property described in the legal description contained in Exhibit "A" and
further located on the map as reflected in Exhibit "B" (which are attached hereto and incorporated
herein).
2007-0-11
StJ tlck till otlgh passages are deleted.
Underlined passages are added.
2
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.1.1 of the Future Land Use Element states "The City shall
maintain an adopted zoning matrix which shall establish zoning districts that correspond to specific
land use categories. The matrix shall further define allowable densities and intensities in each
zoning district."
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Development Services Director is hereby authorized and directed to amend the Future
Land Use Map of the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the
change in the Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)( c )2, Florida Statutes (2005), the Development Services
Director is hereby directed to report this action to the state land planning agency as required therein.
PART E.
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.
PARTF.
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
2007-0-11
StI tick till otlgh passages are deleted.
Underlined passages are added.
3
holding shall not affect its applicability to any other person, property, or circumstance.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion for approval by
and Second by
the vote on the first reading of this ordinance held on May 7, 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 for approval by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
2007-0-11
Stl tlck till otlgh passages are deleted.
Underlined passages are added.
4
PASSED AND DULY ADOPTED this 4th day of June, 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
2007-0-11
Stl tlGk till otlgh passages are deleted.
Underlined passages are added.
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 4th day of
June, 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.
A portion of Lot 24, Mendell's Subdivision, as recorded in Map Book 3, Page 73, of the Public
Records of Vol usia County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Shangri-La Village, as recorded in Map Book 38, Page 104,
of the Public Records of Vol usia County, Florida; thence run S 63056'32" W along the South line
of said Shangri-La Village, a distance of274.84 feet for the Point of Beginning; thence S 28056'41"
E, a distance of 172.18 feet to the South line of said Lot 24; thence N 88043'28" W along said South
line, a distance of 317.66 feet; thence North 28056'41" W, a distance of 26.13 feet to the aforesaid
South line ofShangri-Law Village; thence N 63056'3" E along said South line, a distance of274.84
feet to the Point of Beginning.
Containing 0.63 :!:: acres more or less.
2007-0-11
StItlck t1l1otlgh passages are deleted.
Underlined passages are added.
6
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AGENDA REQUEST
CM 2007-62
Date: April 20, 2007
PUBLIC
HEARING Mav 7,2007 RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Amendment No.2 to the Development Agreement for ParkTowne Industrial Center.
BACKGROUND:
On September 11,2006, City Council approved Amendment No.1 which addressed three (3) issues:
excluding a .9! acre parcel at the northern most end of ParkTowne abutting 10th Street from the
boundaries of ParkTowne, the addition of "Concrete Batch Plants" as a permitted use for
development in Area "B" and permitting two (2) points of access on any lot or parcel.
The ParkTowne Owners Association met on January 17,2007 to discuss this amendment. A few
owners expressed concerns related to the concrete plant and permitting two (2) points of access on
one acres lots; therefore the required signatures were not obtained.
To address some concerns, the issues in the amendment were addressed individually. Amendment
No.1 dealt with excluding the .9! acre parcel and Amendment No.2 deals with permitting two
points access on parcels of property of two (2) acres or more.
STAFF RECOMMENDATION:
Staff recommending approval of Amendment No.2 to permit two (2) points of access on any lot or
parcel of property of two (2) acres or more.
ACTION REOUESTED:
Motion to approve Amendment No.2 with the condition that the required signatures are obtained
from the Owners.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
1:11 iz _ docslagendarequestslParkTowneDev AgreementAmendmentNo.2
THIS INSTRUMENT PREPARED BY:
THE CITY OF EDGEW A TER
P.O. Box 100
Edgewater, FL 32132-0100
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
DEVELOPMENT AGREEMENT
P ARKTOWNE INDUSTRIAL CENTER
Amendment No.2
THIS AGREEMENT is made and entered into this _ 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 OSCAR ZELLER and JULIAN GREENE, whose mailing address is P.O. Box
205, New Smyrna Beach, Florida 32170, MASSEY ENTERPRISES, whose mailing address is
P.O. Box 949, New Smyrna Beach, Florida 32170; SCOTT S. and JENNIFER P. PORTA, whose
mailing address is 200 Dale Street, Edgewater, FL 32132; DR. LESLIE and RITA MORGAN,
whose address is 570 Via Lugano, Winter Park, Florida 32789; BRIAN A. and DOROTHY N.
FOSTER, whose address is 4586 Cow Creek Road, Edgewater, FL 32141; THOMAS E.
GORDON; whose address is 163 Poinciana Road, Edgewater, FL 32141; R & B FLORIDA
HOLDINGS, LLC, whose address is 315 Golf Course Road, S. Burlington, VT 05403; TRINITY
MATERIALS, LLC, whose address is 320 Dundas Drive, Suite 1, Jacksonville, FL 32226; JODH,
INC., whose address is 2429 Timber View Drive, New Smyrna Beach, FL 32168; D.A.R.C., LLC,
whose address is 714 W. Blue Springs Avenue, Orange City, FL32763; MERSINO PROPERTIES
COMPANY, LLC, whose address is 10162 E. Coldwater Road, Davison, MI 48423; HAROLD
J. and ANITA HA YCOOK, whose address is 6912 Turtle Mound Road, New Smyrna Beach, FL
32169; FLORIDA ROCK INDUSTRIES, INC., whose address is P.O. Box 4667, Jacksonville,
FL 32201-4667; BRADLEY C. STEWART, whose address is 500 Pullman Road, Edgewater, FL
32132; ROBERT L. TOWE, whose address is 164 Hibiscus Drive, Edgewater, FL 32132; I D P,
LLC, whose address is 435 A2 Airpark Road, Edgewater, FL 32132; CORREIA HOLDINGS,
INC., whose address is 4670 Links Village Drive #3206, Ponce Inlet, FL 32127; McCRACKEN
(PIC Development Agreement - Amend #2)
PROPERTIES, LLC, whose address is 1842 Evergreen Drive, Edgewater, Fl 32141 ; WALTER
WARNING, whose address is 501 Pullman Road, Edgewater, FL 32132; OMT DEVELOPMENT
CORPORATION, whose address is 103 Flagler Avenue, New Smyrna Beach, FL 32169; PAUL
C. REBMAN, whose address is 24355 Capitol, Redford, MI 48239; GUILLERNO A. and ELIANI
M. BERMAN, whose address is 51 Crestwood Court, Ormond Beach, F132174; HAROLD and
EVA BRANDNER, whose address is 110 Yelka Terrace, Edgewater, FL 32132; PETER JOHN
and MICHELLE BEAULIEU, whose address is 711A S. Glencoe Road, New Smyrna Beach, FL
32168; MANFREDO BRANDNER, whose address is 824 27th Avenue, New Smyrna Beach, FL
32169; A.S.D. PROPERTIES MANAGEMENT, LLC, whose address is P.O. Box 290131, Port
Orange, FL 32169 (collectively the "Owners"). The term "Owners" shall include the above
referenced parties' heirs, assignees and successors in right, title or interest thereof.
NOW, THEREFORE, in consideration ofthe agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
10. DEVELOPMENT REQUIREMENTS
G. Driveways
In the interest of proper on-site vehicular traffic circulation and its relation to
pedestrian safety, two (2) points of access shall be permitted on any lot or parcel of
property containing two (2) acres or more.
In all other respects, the terms and conditions of that certain Development Agreement dated
February 3, 2003, and recorded on May 8, 2003, at Official Records Book #5070, Pages 2930
through 2953, and re-recorded Apri118, 2005, at Official Records Book #5534, Pages 1733 through
1761, shall remain in full force and effect with the exception of the Legal Description recorded April
18, 2005, at Official Records Book #5534, Pages 1757 and 1758.
IN WITNESS WHEREOF, the parities have caused this Amendment to the Development
Agreement to be made and entered into the day and year first written above.
[SIGNATURE PAGES TO FOLLOW]
(PIC Development Agreement - Amend #2)
2
AGENDA REQUEST
Date: April 2, 2007
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
xx
ITEM DESCRIPTION:
Utility Service Area Agreement By and Between
The City of Edgewater, Florida,
The City of Oak Hill, Florida, and
The County of Vol usia, Florida
BACKGROUND:
On December 4,2006, the Edgewater City Council unanimously approved
providing Volusia County with an additional 200,000 gallons per day of
potable water capacity in exchange for an equal monetary equivalent of
wastewater capacity. The agreement provided herein is to acknowledge
that the .2 MGD capacity of water is to be used exclusively in the
Southeast V olusia County service area for the purpose of providing water
service to the City of Oak Hill. The agreement does not provide for the
granting of any additional capacity without express consent by the City.
(Page 2, item #4). The overall purpose of the Agreement is to provide
water and sewer services to new development within the Oak Hill
corporate limits. The City of Oak Hill approved this agreement March 12,
2007, and Volusia County will agendize the Agreement subsequent to the
City of Edgewater's approval.
STAFF RECOMMENDATION:
Staff recommends approval of the Utility Service Area Agreement
referenced herein.
ACTION REOUESTED:
A motion to approve the Utility Service Area Agreement By and Between
the City of Edgewater, Florida; The City of Oak Hill, Florida; and the
County of V olusia, Florida, and authorization for the Mayor and City
Manager to execute the Agreement on behalf of the City of Edgewater.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~~~~
Department . irector
~~--td~~)<,.
Robin Matusick, Paralegal ~
~~
City Manager .
C:\MyDociments\TerrysFiles\AgendaRequest
Utility Service Area Agreement By and Between
The City of Oak Hill, Florida,
The City of Edgewater, Florida and
The County of Volusia, Florida
Whereas, the County of V olusia ("County") is a Florida home rule charter county
and has all powers of local self-government not inconsistent with general law; and the
City of Oak Hill ("Oak Hill") and the City of Edgewater ("Edgewater"), both are Florida
municipal corporations; and
Whereas, the Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163, Florida Statutes, and Rule Chapter 9J-5,
Florida Administrative Code, provide requirements and guidelines regarding land use
planning, establishment of "levels of service", capital improvement programming for
infrastructure requirements, intergovernmental coordination and mutual cooperation, and
concurrency of infrastructure provisions with development approvals; and
Whereas, the City of Edgewater, the City of Oak Hill, and the County recognize
the desirability and the need to provide water and wastewater service within V olusia
County, Florida, in a manner which is both economical and based on sound engineering
principles and consistent with local, state, and federal regulations, and which promotes
conservation of local natural resources; and
Whereas, the parties agree the duplication of water and wastewater service
facilities is undesirable and may result in needless and wasteful expenditures and wasted
resources; and
Whereas, V olusia County currently owns and operates a wastewater collection,
treatment and disposal facility located in unincorporated V olusia County, northwest of
the Oak Hill City limits, for the purpose of providing wastewater treatment service to its
customers, including wholesale wastewater service to the City of Edgewater.
Whereas, the City of Edgewater currently owns and operates a potable water
treatment, supply, and distribution system, located within the city limits of Edgewater, for
the purpose of providing potable water service to its customers, including wholesale
water service to the County.
Whereas, the City of Oak Hill currently does not own or operate water treatment
supply and distribution or wastewater collection, treatment and disposal systems to serve
customers within the Oak Hill corporate limits; and
Whereas, Oak Hill has expressed a desire that the County, on a retail basis,
provide for water, wastewater, (and reclaimed water, when available) utility services
within Oak Hill's corporate limits; and
- 1 -
Whereas, the County agrees to provide water, wastewater, (and reclaimed water,
when available) services, on a retail basis, to new development within the Oak Hill
corporate limits, under the terms of this agreement;
Whereas, Edgewater agrees to supply and make available to the County, on a
wholesale basis, water capacity sufficient to meet the demand of the aforementioned
development within the Oak Hill corporate limits under provisions of the existing
wholesale agreement between the City of Edgewater and the County, dated the 2nd day of
September, 1999, and titled "Interlocal Water and Wastewater Agreement;
Whereas, the parties make and enter into this Agreement for the purposes of
accomplishing the goals and objectives stated hereinabove;
Now, therefore, in consideration of mutual understandings and covenants set
forth herein and pursuant to 125.01 Florida Statutes, County, Edgewater and Oak Hill
agree as follows:
1. The foregoing recitations are true, correct and incorporated herein by
specific reference.
2. Incorporated herein by specific reference, and attached hereto is a map,
being Exhibit 1, comprising the intended water and wastewater service
areas of southeast Volusia County, which may in the future be amended as
hereinafter set forth. Those areas outlined in bold in Exhibit 1 shall be
excluded from the above described service area and the water
consumption from said areas shall not be allocated against the reserve
capacity set forth in this Agreement.
3. The map attached hereto as Exhibit 1 involves, in the public interest, the
results of studies, negotiations, engineering evaluations or analysis, and
examination by the respective parties as to the best and most economical
means for the provision of water, wastewater and reclaimed water services
in the service area.
4. The City of Edgewater hereby agrees to reserve 0.2 MGD capacity to be
used exclusively in the southeast V olusia County service area as reflected
in Exhibit 1. This reserve capacity can only be adjusted by the unanimous
written agreement of all parties to the Agreement.
5. Potable water and/or wastewater services by the County to Oak Hill may
be provided using one or more of the following methods:
a. Off-site water and/or wastewater main lines may be extended by a
utility service agreement (USA) between the County and an
individual developer or property owner. The developer or property
owner will size water and/or wastewater main lines and pumping
- 2 -
stations to provide service to the developer's property, however,
the County reserves the right to increase size in accordance with
the County's master plan. All amounts expended by the developer,
over and above the developer's requirement, as determined by the
Utilities Engineer, will be reimbursed by the County to the
developer in accordance with terms of the USA through impact fee
credits appropriate to the developer's property. Installation of
local distribution and collection systems will be the sole
responsibility of the developer or property owner.
b. The County on its own initiative, may install water and
wastewater main lines; local distribution and collection systems,
and will be entitled to recover its costs of such installations
through the charge of appropriate connection fees and/or costs
based on hydraulic share to new customers connecting to such
lines.
c. Volusia County may, upon the request of Oak Hill or affected
property owners, provide financing through a special assessment,
municipal service or benefit district, for water, wastewater, and
reclaimed main lines, and local distribution and collection systems.
The County will manage design and installation for any system
improvements undertaken through this provision. A special
assessment, municipal service or benefit district to provide water,
sewer and reclaim may be available to existing residential
properties in a specific geographical area if 51 % of those residents
approve the proposed improvements. Even if approved, the
V olusia County Council has the discretion to decide whether to
create a special assessment district. Existing commercial property
connections will be determined on a case-by-case basis.
6. All water and wastewater main lines and local distribution and collection
system improvements constructed under Number 4 above, and within Oak
Hill shall meet the same design standards and level of service standards
enforced by the County within unincorporated service areas.
7. The County is responsible for maintenance of the potable water,
wastewater, and reclaimed water lines once all lines have been installed
and accepted by the County for the provision of such services.
8. V olusia County agrees to charge utility customers within Oak Hill
incorporated boundaries the same rate charged to customers located in the
unincorporated portion of the service area, with the exception that should
Oak Hill require a utility service fee, the fee will be added to the County's
rate and passed on to the utility customer,
- 3 -
9. In execution of this agreement, the County will abide by the rights-of-way
use regulations of Oak Hill. Oak Hill agrees that it will not unreasonably
interfere with or withhold consent for the County's use ofrights-of-way,
express or implied easements, or the exercise of any other possessory
interest that is not in use or which may become necessary to effectuate the
intent hereof.
10. Oak Hill will not impose any conditions related to the installation or
provision of service in the incorporated area which is not allowed by law
or regulations of the City applicable within its municipal limits at the time
an application for service is made.
11. For all City of Oak Hill Development Orders for which a Concurrency
Certificate of Capacity must be executed and where the proposed
development is within the City of Oak Hill as depicted on Exhibit No.1, a
"Determination of Capacity" form will be submitted to the County for
review and completion. The County shall make a determination of
available capacity in accordance with the provisions of Article XIV of the
Volusia County Land Development Code, Ordinance 88-3, as amended.
In reviewing projects for capacity availability and reservation, all projects
shall be considered on a "first come, first serve" basis, regardless of
whether such projects are within the Oak Hill incorporated or the
unincorporated service area. The County will, within thirty (30) days of
receipt, execute and return all "determination of capacity" forms to Oak
Hill.
12. At some point-in-time, no earlier than ten (10) years from the date of
execution of this agreement, should Oak Hill wish to acquire the utility
infrastructure within the incorporated area, the County and the City of Oak
Hill agree to negotiate in good faith the transfer of such utility
infrastructure under a separate Agreement. The transfer fee to be paid to
the County shall be established by an independent appraiser, agreed to by
the City and County, such value to be limited to the actual costs previously
incurred by the County in creation of said utility infrastructure. Such
transfer will be in accordance with all applicable laws, City and County
rules and regulations, and respective bond covenants.
13. The parties hereto agree that any time after the execution hereof, they will,
upon the request of the other, execute and deliver such other documents
and further assurances as may be reasonably required by such other party
in order to carry out the intention of this Agreement.
14. Failure to insist upon strict compliance of any of the terms, covenants or
conditions hereof shall not be deemed a waiver of such terms, covenants
or conditions, nor shall any waiver or relinquishment of any right or power
- 4 -
hereunder at any time( s) be deemed a waiver of relinquishment of such
right or power at any other time(s).
15. This writing embodies the entire agreement and understanding between
the parties hereto, and there are no other agreements or understandings,
oral or written, with reference to the subject matter hereof that are not
merged herein and superseded hereby. No alteration, change or
modification of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto.
16. It is agreed by and among the parties hereto that all words, terms and
conditions contained herein are to be read in concert, each with the other,
and that a provision contained under one heading may be construed
equally applicable under another in the interpretation of this Agreement.
17. All notices, demands or other communications given hereunder shall be in
writing and shall be deemed to have been duly affected on the first
business day after mailing by U.S., registered or certified mail, return
receipt requested, postage prepaid, addressed as follows:
As to V olusia County:
With a Copy to:
County Manager
Volusia County
123 W. Indiana Avenue
DeLand, FL 32720-4612
County Attorney
Volusia County
123 W. Indiana Avenue
DeLand, FL 32720-4612
As to the City of Oak Hill:
Mayor
City of Oak Hill
234 S. U.S. Hwy #1
Oak Hill, FL 32759
City Attorney
As to the City of Edgewater:
City Manager
City of Edgewater
P.O. Box 100
Edgewater, FL 32123-0100
City Attorney
City of Edgewater
P.O. Box 100
Edgewater, FL 32123-0100
18. The County and City of Oak Hill and the City of Edgewater each
participated in the drafting of this Agreement. In the event that any term
of this Agreement shall be interpreted by a court of competent jurisdiction,
- 5 -
the Agreement may not be construed more or less favorably on behalf of
each party hereto on the ground that such party was or was not the drafter
of this Agreement.
19. In connection with any litigation, including appellate proceedings arising
out of the terms of this Agreement, the prevailing party shall be entitled to
attorneys' fees and costs.
20. All terms of this Agreement, including all covenants, representations, and
warranties contained and made herein, shall survive the execution hereof.
21. It is expressly agreed that nothing contained herein is intended to waive
the rights or limits of sovereign immunity of either party, said rights and
limits being hereby expressly retained.
22. This agreement may be amended from time to time by mutual consent of
the parties. Either party may propose an amendment to this Agreement.
All amendments shall be in writing. No amendment shall be effective
until approved by all parties to this Agreement
IN WITNESS WHEREOF, the parties hereto have caused.~reement to be
:;:P'A/ their duly authorized representatives as of this ay of
2006.
ATTEST:
B .
Approved as to Form and Legality:
-
/
--
ATTEST:
CITY OF EDGEW A TER, FL
BY:
City Manager
Mayor
Approved as to Form and Legality:
- 6 -
Edgewater City Attorney
ATTEST:
County Manager
Approved as to Form and Legality:
Assistant County Attorney
BY:
VOLUSIA COUNTY, FL
Council Chair
L:\AG RMNTS\ST ACEY\Oak _ Hill_Utility _Service_Area _ Agreement_3-08-07Draft.doc
- 7 -
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EXHIBIT 1
UnLITY SERVICE AREA
COVERAGE AND EXCLUSIONS
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"Exlstlr\g'deVcdo!)frient in Ughthouse Cove,
. Flsherman.'s' OOve'andSouttt.Waterfront Park
': lire not In~l~ed.ln the.additlonal 0.2 MGD
" capacity pU~.h8S~from the City of Edgewater
*Developmentt)Oundai'lt!S are approximate.
Prepwed by: CoIIty 01 Voklsla PulJIc: WorbIRJO RevIsed Date: 311f2JXJ7 Date: 2JZ3I2OO1 Ale: G:IprojeclslO7~10ISoulheastSefvlea_Rev1_Updaled.mxd
the Agreement may not be construed more or less favorably on behalf of
each party hereto on the ground that such party was or was not the drafter
of this Agreement.
19. In connection with any litigation, including appellate proceedings arising
out ofthe terms of this Agreement, the prevailing party shall be entitled to
attorneys' fees and costs.
20. All terms of this Agreement, including all covenants, representations, and
warranties contained and made herein, shall survive the execution hereof.
21. It is expressly agreed that nothing contained herein is intended to waive
the rights or limits of sovereign immunity of either party, said rights and
limits being hereby expressly retained.
22. This agreement may be amended from time to time by mutual consent of
the parties. Either party may propose an amendment to this Agreement.
All amendments shall be in writing. No amendment shall be effective
until approved by all parties to this Agreement
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives as of this _ day of
,2006.
ATTEST:
CITY OF OAK HILL, FL
BY:
City Clerk
Mayor
Approved as to Form and Legality:
Oak Hill City Attorney
ATTEST:
CITY OF EDGEW A TER, FL
BY:
City Manager
Mayor
Approved as to Form and Legality:
- 6 -
Edgewater City Attorney
ATTEST:
County Manager
Approved as to Form and Legality:
Assistant County Attorney
BY:
VOLUSIA COUNTY, FL
Council Chair
L:\AGRMNTS\ST ACEY\Oak _ Hill_ Utility-Service _Area _ Agreement_3-08-07Draft.doc
-7-
the Agreement may not be construed more or less favorably on behalf of
each party hereto on the ground that such party was or was not the drafter
of this Agreement.
19. In connection with any litigation, including appellate proceedings arising
out of the terms of this Agreement, the prevailing party shall be entitled to
attorneys' fees and costs.
20. All terms of this Agreement, including all covenants, representations, and
warranties contained and made herein, shall survive the execution hereof.
21. It is expressly agreed that nothing contained herein is intended to waive
the rights or limits of sovereign immunity of either party, said rights and
limits being hereby expressly retained.
22. This agreement may be amended from time to time by mutual consent of
the parties. Either party may propose an amendment to this Agreement.
All amendments shall be in writing. No amendment shall be effective
until approved by all parties to this Agreement
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized representatives as of this _ day of
,2006.
ATTEST:
CITY OF OAK HILL, FL
BY:
City Clerk
Mayor
Approved as to Form and Legality:
Oak Hill City Attorney
ATTEST:
CITY OF EDGEW A TER, FL
BY:
City Manager
Mayor
Approved as to Form and Legality:
- 6 -
Edgewater City Attorney
ATTEST:
County Manager
Approved as to Form and Legality:
Assistant County Attorney
BY:
VOLUSIA COUNTY, FL
Council Chair
L:\AGRMNTS\ST ACEY\Oak _ HiIl_ Utility-Service _Area _ Agreement_3-08-07Draft.doc
- 7 -
T Wadsworth
/;-
From:
Sent:
T" I
0:
Cc:
Subject:
Kim Dixon [kdi~on@co.volusia.fl.us]
Monday, March126' 2007 8:,46 AM
T Wadsworth f
Gloria Marwick ;
RE: River Colo y I
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County legal is requesting the Oak hill tri-party agreement go to
Edgewater city council for execution. It doesn't have much other than
the 0.2 MGD the Edgewater council approved on Dec. 4th, so should be a
no brainer. Oak Hill approved it on the 12th. After that I'll take to
VCC for blessing. ~
It would only make sense for Edgewater to maintain the lift station and
transmission system at River Colony, or there is to much duplication of
, effort.
>>> "T Wadsworth" <twadsworth@CITYOFEDGEWATER.ORG> Monday, March 26,
2007 8:27:30 AM >>>
Kim, Until we clarify things in the new agreement I think that is the
way we are proceeding. The only! question I feel has not been
satisfactorily resolved is who is to maintain the wastewater collection
sy~tem. .That.is w~y I wan~ed tOhbreak ou~ t~e por~ion of your impact
f~e deallng wlth ~lft statlonsLajd transmlsslon. i Tefry
-----Original Message----- j. ~
Fro~: Kim Dixon ~.mailto:kdixon~c~.volUSi~.fl.USJ 1 ~
Sent: Tuesday, M~rch 20, 2007 1:,2 PM I
To: T Wadsworth
Subject: River C~lony (
Terry,
I know you spoke with Gloria about River Colony. Am I correct in "The
County provides the sewer servic~ and gets sewer impact fees and the
City the water and the water impact fees"?
! I
1
03/28/2007 15:00 3867405162
VOLUSIA COUNTY UTIL
~ County of Volusia
~ Water & Utility Services Billing
~ ~ ~ 123 W. Indiana Ave., DeLand, FL 32720-4262
'7.:b} · County 0IIice (386)736-5971 · Fax (386) 7465162
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PAGE 01
03/28/2007 15:00
3867405162
VOLUSIA COUNTY UTIL
PAGE 02
Utility Service Area Agreement By and Between
The City of Oak Hill, Florida,
The City of Edgewater, Florida and
The County of Volusia, Florida
Wherea~ the County of V olusia C'County'') is a Florida home rule charter county
and has all powers oflocal self.government not inconsistent with general law; and the
City of Oak Hill ("Oak Hill") and the City of Edgewater ("Edgewater"), both are Florida
municipal corporations; and
Whereas, the Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163, Florida Statutes, and Rule Chapter 9J-5,
Florida Administrative Code, provide requirements and guidelines regarding land use
planning, establishment of "levels of service", capital improvement programming for
infrastructure requirements. intergovernmental coordination and mutual cooperation, and
concurrency of infrastructure provisions with development approvals; and
Whereas, the City of Edgewater, the City of Oak Hill, and the County recognize
the desirability and the need to provide water and wastewater service within V olusia
County, Florida, in a manner which is both economical and based on sound engineering
principles and consistent with local, state, and federal regulations, and which promotes
conservation of local natural resources; and
Whereas, the parties agree the duplication of water and wastewater service
facilities is undesirable and may result in needless and wasteful expenditures and wasted
resources; and
Whereas, V olusia County currently owns and operates a wastewater collection,
treatment and disposal facility located in unincorporated Volusia Countyt northwest of
the Oak Hill City limits, for the purpose of providing wastewater treatment service to its
customers, including wholesale wastewater service to the City of Edgewater.
Whereas, the City of Edge water currently owns and operates a potable water
treatment, supply, and distribution system, located within the city limits of Edge water, for
the purpose of providing potable water service to its customers, including wholesale
water service to the County.
Whereas, the City of Oak Hill currently does not own or operate water treatment
supply and distribution or wastewater collection, treatment and disposal systems to serve
customers within the Oak Hill corporate limits; and
Whereas, Oak Hill has expressed a desire that the County, on a retail basis,
provide for water, wastewater, (and reclaimed water; when available) utility services
within Oak Hill's corporate limits; and
'.
- 1 -
03/28/2007 15:00
VOLUSIA COUNTY UTIL
3867405162
Whereas, the County agrees to provide water) wastewater, (and reclaimed water,
when available) services, on a retail basis, to new development within the Oak. Hill
corporate limits, under the terms of this agreement;
Whereas, Edgewater agrees to supply and make available to the County, on a
wholesale basis, water capacity sufficient to meet the demand of the aforementioned
development within the Oak Hill corporate limits under provisions of the existing
wholesale agreement between the City of Edgewater and the County, dated the 2nd day of
September, 1999, and titled "Interlocal Water and Wastewater Agreement;
Whereas, the parties make and enter into this Agreement for the purposes of
accomplishing the goals and objectives stated hereinabove;
Now, therefore, in consideration of mutual understandings and covenants set
forth herein and pursuant to 125.01 Florida Statutes, County, Edgewater and Oak Hill'
agree as follows;
1. The foregoing recitations are true, correct and incorporated herein by
specific reference.
2. Incorporated herein by specific reference, and attached hereto is a map,
being Exhibit 1) comprising the intended water and wastewater service
areas of southeast Volusia County, which may in the future be amended as
hereinafter set forth. Those areas outlined in bold in Exhibit 1 shall be
excluded from the above described service area and the water
consumption from said areas shall not be allocated against the reserve
capacity set forth in this Agreement. /
3. The map attached hereto as Exhibit 1 involves, in the public interest, the
results of studies, negotiations, engineering evaluations or analysis, and
examination by the respective parties as to the best and most economical
means for the provision of water, wastewater and reclaimed water services
in the service area.
4. The City ofEdgewater hereby agrees to reserve 0.2 MOD capacity to be
used exclusively in the southeast V olusia County service area as reflected
in Exhibit 1. This reserve capacity can only be adjusted by the unanimous
written agreement of all parties to the Agreement.
S. Potable water and/or wastewater services by the County to Oak Hill may
be provided using one or mote of the following methods:
a. Off-site water andlor wastewater main lines may be extended by a
utility service agreement (USA) between the County and an
individual developer or property owner. The developer or property
owner will size water andlor wastewater main lines and pumping
-2-
PAGE 03
1
f~
03/28/2087 15:88
3867405162
VOLUSIA COUNTY UTIL
PAGE 84
stations to provide service to the developer's property, however,
the County reserves the right to increase size in accordance with
the County's master plan. All amounts expended by the developer,
over and above the developer's requirement, as determined by the
Utilities Engineer, will be reimbursed by the County to the
developer in liccordance with terms of the USA through impact fee
credits appropriate to the developer's property. Installation of
local distribution and collection systems will be the sole
responsibility of the developer or property owner.
b. The County on its own initiative, may install water and.
wastewater main lines; local distribution and collection systems,
and will be entitled to recover its costs of such installations
through the charge of appropriate connection fees anellor costs
based on hydraulic share to new customers COtUlecting to such
lines.
Co Volusia County may, upon the request of Oak Hill or affected
property owners, provide financing through a special assessment,
mtmicipal service or benefit district, for water, wastewater, and
reclaimed main lines, and local distribution and collection systems.
The County will manage design and installation for any system
improvements undertaken through this provision. A special
assessment, municipal service or benefit district to provide water,
sewer and reclaim may be available to existing residential
properties in a specific geographical area if 51 % of those residents
approve the proposed improvements. Even if approved, the
V olusia County Council has the discretion to decide whether to
create a special assessment district. Existing commercial property
connections will be determined on a case~by-case basis.
6. All water and wastewater main lines and local distribution and collection
system improvements constructed under Number 4 above~ and within Oak
Hill shall meet the same design standards and level of service standards
enforced by the County within unincorporated service areas.
7. The County is responsible for maintenance ofthe potable water,
wastewater, and reclaimed water lines once all lines have been installed
and accepted by the County for the provision of such services.
8. V olusia County agrees to charge utility customers within Oak Hill
incorporated boundaries the same rate charged to customers located in the
unincorporated portion of the setvice area, with the exception that should
Oak Hill require a utility seIVice fee~ the fee will be added to the County's
rate and passed on to the utility customer,
- 3 -
83/28/2887 15:88
3867485162
VOLUSIA COUNTY UTIL
PAGE 85
9. In execution of this agreement, the County will abide by the rights-of-way
use regulations of Oak Hill. Oak Hill agrees that it will not unreasonably
interfere with or withhold consent for the County's use of rights-of.way,
express or implied easements, or the exercise of any other possessory
interest that is not in use or which may become necessary to effectuate the
jntent hereof.
10. Oak Hill will not impose any conditions related to the installation or
provision of service in the incorpomted area which is not allowed by law
or regulations of the City applicable within its municipal limits at the time
~ application for service is made.
11. For all City of Oak Hill Development Orders for which a Concurrency
Certificate of Capacity must be executed and where the proposed
development is within the City of Oak Hill as depicted on Exhibit No.1, a
"Determination of Capacity" form will be submitted to the County for
review and completion. The County shall make a determination of
available capacity in accordance with the provisions of Article XIV of the
Volusia County Land Development Code, Ordinance 88-3, as amended.
In reviewing projects for capacity availability and reservation, all projects
shall be considered on a "first come, fjrst setve" basis, regardless of
whether such projects are within the Oak Hill incorporated or the
unincorporated service area. The County will, within thirty (30) days of
receipt, execute and return all "determination of capacity" fonns to Oak
Hill.
12. At some point"in-time, no earlier than ten (10) years from the date of
execution of this agreement, should Oak Hill wish to acquire the utility
infrastructure within the incorporated area, the County and the City of Oak
Hill agree to negotiate in good faith the transfer of such utility
infrastructure under a separate Agreement. The transfer fee to be paid to.
the County shall be established by an independent appraiser, agreed to by
the City and County, such value to be limited to the actual costs previously
incurred by the County in creation of said utility infrastructure. Such
transfer will be in accordance with all applicable laws, City and COWlty
roles and regulations, and respective bond covenants.
13. The parties hereto agree that any time after the execution hereof, they will,
upon the request of the other, execute and deliver such other documents
and further assurances as may be reasonably required by such other party
in order to carry out the intention of this Agreement.
14. Failure to insist upon strict compliance of any ofthe terms, covenants or
conditions hereof shall not be deemed a waiver of such terms, covenants
or conditions, nor shall any waiver or relinquishment of any right or power
-4.
03/28/2007 15:00
3867405162
VOLUSIA COUNTY UTIL
hereunder at any time(s) be deemed a waiver of relinquishment of such
right or power at any other time(s).
15. 1bis writing embodies the entire agreement and understanding between
the parties hereto, and there are no other agreements or understandings,
oral or written, with reference to the subject matter hereof that are not
merged herein and superseded hereby. No alteration, change or
modification of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto.
16. It is agreed by arid among the parties hereto that all words, terms and
conditions contained herein are to be read in concert, each with the other,
and that a provision contained under one heading may be construed
equally applicable under another in the interpretation of this Agreement.
17. All notices, demands or other communications given hereunder shall be in
writing and shall be deemed to have been duly affected on the first
business day after mailing by U.S., registered or certified mail, return
receipt requested, postage prepaid, addressed as follows:
As to Volusia County:
With a Copy to:
County Manager
V olusia County
123 W. Indiana Avenue
DeLand, FL 32720-4612
County Attorney
V olusia County
123 W. Indiana Avenue
DeLand~ FL 32720-4612
As to the City of Oak Hm:
Mayor
City of Oak Hill
234 S. U.S. Hwy #1
Oak Hill, FL 32759
City Attorney
As to the City of Edgewater':
City Manager
City of Edgewater
P.O. Box 100
Edgewater, FL 32123-0100
City Attorney
City of Edgewater
P.O. Box 100
Edgewater, FL 32123-0100
18. The County and City of Oak Hill and the City of Edgewater each
participated in the drafting of this Agreement. In the event that any term
of this Agreement shall be interpreted by a court of competent jurisdiction,
-5-
PAGE 06
03/28/2007 15:0a
3867405162
VOLUSIA COUNTV UTIL
PAGE 07
the Agreement may not be constmed more or less favorably on behalf of
each party hereto on the ground that such party was or was not the drafter
of this Agreement
19. In connection with any litigation. including appellate proceedings arising
out of the tenns of this Agreement. the prevailing party shall be entitled to
attorneys' fees and costs.
20. All terms of this Agreement, including all covenants~ representations. and
warranties contained and made herein. shall SUrvl'\Te the execution hereof.
21.. It is expressly agreed that nothing contained herein is intended to waive
the rights or limits of sovereign immunity of either party, said rights and
limits being hereby expressly retained.
22. This agreement may be amended from time to time by mutual consent of
the parties. Either party may propose an amendment to this Agreement
All amendments shall be in writing. No amendment shall be effective
until approved by all parties to this Agreement
IN WITNESS WHEREOF, the parties hereto have caused ~ement to be
JFl- by their duly authorized topresentatlves as oflbis ay of
2006.
A TIEST:
Approved as to Form and Legality;
&!l~
Oak Hill City Attorney
A TrEST:
CITY OF EDO:EW ATER. FL
BY:
Mayor
City Manager
Approved as to Form and Legality;
-6-
03/28/2007 15:00
3867405162
Edgewater City Attorney
ATTEST:
County Manager
Approved as to Form and Legality:
Assistant County Attorney
VOLUSIA COUNTY UTIL
BY:
L:\AGR.MNT'S\ST I\CEV\Oak.JliIUJtlllty _SC'l"\'lcc_^,ca_ Agrcemc:nt_3-08-01Dratt.doc
-7-
VOLUSIA COUNTY, FL
Council Chair
PAGE 0S
AGENDA REQUEST
Date: April 25, 2007
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
xx
ITEM DESCRIPTION:
Engineering Services Proposal from Quentin L. Hampton Associates, Inc.
for Monitoring Well Design, Bidding and Construction Oversight
BACKGROUND:
The St. Johns River Water Management District (SJRWMD) is requiring
the City of Edgewater to construct a monitoring well to establish the depth
of the 250 mg/I isochor in the vicinity of the proposed new well sites as a
condition of the forthcoming Consumptive Use Permit. The attached
engineering proposal conforms with the SJRWMD criteria for
construction and testing of the monitoring well.
STAFF RECOMMENDATION:
Authorize the Engineering Services Proposal from Quentin L.
Hampton Associates, Inc. for Monitoring Well Design, Bidding
and Construction Oversight at an estimated cost of$22,860.00.
(Some cost variance may occur based on SJRWMD observations
dUring the well construction and testing).
ACTION REQUESTED:
A motion to accept the Engineering Services Proposal from Quentin L.
Hampton Associates, Inc. for Monitoring Well Design; Bidding and
Construction Oversight at anestimatcd cost of $22;860.00, and
authorizatioll for the City Manager to execute the engineering work order
on behalf of the City.
FfNANCTALJMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YK~
NO
DATE:
AGENDA ITEM NO.
R~pectfully submitted,
~~\0~~
Department D' ector
C:\MyDociments\Terrysl'iles\1\gendaReques1
DATE:
TO:
FROM:
SUBJECT:
Legal:
Finance:
DEPARTMENT OF ENVIRONMENTAL SERVICES
INTEROFFICE MEMORANDUM
April 25, 2007
Mr. Brett Tanner, Finance Director
Ms. Robin Matusick, Paralegal
Terry A. Wadsworth, Director of Environmental Services
Request for an Engineering Work Order
Please prepare an engineering work order for Quentin
L. Hampton Associates, Inc. to perform engineering
services for the for Monitoring Well Design, Bidding
and Construction oversight. Total cost estimate is
$22,860.00. Requisition #4450 pending line code
transfer.
This work should be charged to the Development Fee
Fund, Professional Services (442-4090-533-31-10), and
should be paid based on my approval.
~ P.O. #004647
WORK ORDER NO. 2005-06
AGREEMENT FOR ENGINEERING SERVICES
QUENTIN L. HAMPTON ASSOCIATES, INC.
PROJECT: Monitoring Well Design, Bidding & Construction Oversight
CITY: Edgewater, Florida
DESIGN
PROFESSIONAL: Quentin L. Hampton Associates, Inc.
Execution of Work Order Number 2005-06 by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform the
professional services as listed in the attached Proposal (attached and incorporated herein as Exhibit
"A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall not exceed an overall period
of one hundred twenty (120) days.
COMPENSATION:
The fee for these services will not exceed an amount of twenty-two thousand eight hundred
sixty and 001100 dollars ($22,860.00). The listed amount for services does not include the permit
application fees, which will be paid by the City. Each invoice shall also be accompanied by a written
concurrence from the Director of Environmental Services.
(Agreement/QuentinHampton- W orkOrder#200 5 -06)
Dated:
WITNESSES:
(Agreement/QuentinHampton- W orkOrder#2005-06) 2
CITY OF EDGEW A TER, FLORIDA
By:
Jon C. Williams
City Manager
QUENTIN L. HAMPTON
ASSOCIA TES, IN C.
By:
Mark A. Hampton, P.E.
President
Dated:
RICHARD W. FERNANDEZ. P.E.
MARK A. HAMPTON, P.E.
BRAD T. BLAIS, P.E.
DAVID A. KING, P.E.
ANDREW M. GIANNINI, P.E.
Quentin L. Hampton Associates, Inc.
Consulting Engineers
P.O. DRAWER 290247
PORT OFlANGE, FLORIDA 32129-0247
TELEPHONE
386/761-6810
FAX # 3861761-3977
Email: qlha@qlha.com
April 19, 2007
Mr. Terry Wadsworth
Director of Environmental Services
City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
CITY OF EDGEWATER
ENGINEERING SERVICES PROPOSAL
MONITORING WELL DESIGN, BIDDING
AND CONSTRUCIlON OVERSiGHT. .
Dear Terry,
In accordance with your request, we are pleased to offer the enclosed Engineering
Services proposal for design, bidding assistance and construction oversight of a
monitoring well. The monitoring well is a requirement of the forthcoming Consumptive
Use Permit (CUP) and is deemed necessary by SJRWMD to identify the depth of the 250
mg/I isochlor in the vicinity of the proposed new wells.
. .' .
proposed elements of the project include preparation of a bid specification and requisite
plans for a 5" diameter monitoring well. The well must be constructed in strict
accordance with SJRWMD requirements. It will be cased down to the depth of the 250
mg/I iscochlor. Therefore, formation samples and water quality samples must be taken
at 10' intervals to a depth, which has yet to be determined. We propose to engage the
services of Gary Eichler, P.G. to perform the required. monitoring, oversight and
geophysical logging and report preparation necessary to insure compliance with District
requirements. The estimated cost of the well is approximately $50,000. .
The attached engineering fee estimate includes estimated-QLH andsubconsultant-.fees.
Allowances are established for Mr. Eichler's services. Thank you for this opportunity to
continue to be of service. If you have queStions or would like to discuss this proposal in
greater detail, do not hesitate to call.
ClATES, lNC.
EW 4 monitoring well proposal
City Of Edgewater
Monitoring Well
Design, Bidding and Construction Oversight
...... . ._..' ,.. '0" .
[~k\ ___~ASKDESCRIPTION \ RATEL'\~~I
1;1 ..__.' .... ~~j d' . J
l_ _1--J~~:l~~1~~~;t~o~:~~~n~n~ell .__..j[ ..1._ -- J________ . .- -
l_l~:_projectManager- J $~ 40 j~;1 $2,240 .'
L..___.. ....__jl__~._~9sJ.g_Qp~!9.~r"'..____._____. .. -. __.~L ~ZQ___~L_.l.~_.;L.-.--~J,!~~L . ':1
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1___. _.___._....J 1_.____....._._.__. ~__._____.__.. .. ..'''' _ __' .._ ...H' . __ .. . -- -.- ....: I. -"'- -...-- ~ L___. -.--~ L__ .-----'".-.-- - -- ... ...-
l:_-:2~-- ~.E~i=~~n,s~'tin~.J\'~wance ".::' . ~J~~~~L- $~~~~, .-__:,
1..__ ___..~. .___.11.Er.i!!~ID9.A'-19.~~D.<::~ _ ...___._ . . .. ..' .-- JI__..t~ i[__.~.~QQ____ J.__..$?_QQ ',. -j I
1_______._.__JL_________.______..___._.. .._....__...._...._.... .. "..-........ .lL__.____.....iL._.___..____.JL_._____.____..___ --...-.-~ ~
L. ?_..H..J~.iQg..i1J9.$~!\fices. . ___.n' . _ ;I! ~_jL$!,~QQ.JL..J!,sQq .i II
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\ _6:\~~~~~A~~n~:aI~~~~~~~dinatiOn Wi~ r~~\ . ,,' . ,. _' 1. .,
I. . __..... ....:~~pj~~J..,9.fl.~ger _. __.__, __ ---==\~~[--]I.-==C---$1,~1Q-,..-j
f.'\ b._A.9rT!ini~trative Assista~t '\ $~O'\ 40 r $1,600 'I
,C-:::-=l<:..!r-'!;l'~or_ .___=~=---_._---------~-rC~-!C-=:{~iJ--1
!F"7fprofElSSional GeologistOversight and htS h4,SOO '\ - $4,5001
~".,...L____ 'd.J.-'~~p~r!_p~~pa.!.ati()D,- (9.!.'-q~~.Q~~) .:.1 .t.... ---"--'---':," -I
'n :j :\1 ;1 '
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I [8 -]~~~P~~~ical Logging" (allo:ancel\ ,,1 LS '[ $4,3~Oj_$~,300 'I
~c----I ~i -- --~-r----! 'l-----
!' -(rOTAiTA5Ksi~8 "'ri--j-$22;s60HI,
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EW 4 monitoring well proposal
APR-19-20u1(THU) 10:21
QUENTIN HAMPTON ASSOCIATES
.,~~
14596 Rolling Rock Place
Wellington, FL 33414
Phone: 561.204.4073
Fax: 561.204.4107
,-"_o.-ultioo!l
13l'$! nWs.. }).E.
Project MnMget
Qta::nlin t.. ThInp&on AssociBleS
'P.o. Box 790247
Port ~ 'FL 32127
(FAX)30G 1GI GOIO
P.O. NO.
P.002/002
1
Proposal
~~ ~
411112007. ]
project
I
oesaiption Quantity unit Cost Total
Design, Pcmit, Coustmct IIDl1 T=t II CUP Compllim~ Mouitoring
WcU for Edgcwau:r
Well dcsiin aDd pcmIl~ tbrouih VCHD. with concuncncc: from 1 3,soO.oo 3,soo.00
SJllWMD
Owcrs&ght during COD5U1Jl;tion and ~ 1 4,500.00 4,500.00
SI3Ii~ and pumped gcopbysic:allogging 1 4,300.00 4,300.00
1'bzmt you fur your busiDc:l:l. Total
email: geichler@bc.neteom.com
t....
'~~'J'..._~_ _ ~
Page ,
AGENDA REQUEST
Date: April 27. 2007
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
CONSENT
OTHER
BUSINESS
x
ITEM DESCRIPTION:
Memorandum of Agreement with the V olusia County Health Department regarding Rabies
Control Activities within the City of Edgewater.
BACKGROUND:
Chapter 64D-3 of the Florida Administrative Code in the Rabies Control and Prevention in
Florida guidebook, outlines specific duties and responsibilities for local Animal Control agencies.
This Memorandum of Understanding, effective for two years, solidifies Edgewater's commitment
to uphold the Rabies Control Plan by working with the V olusia County Health Department, along
with other V olusia County cities.
STAFF RECOMMENDATION:
Staff recommends that the City enter into the agreement.
ACTION REQUESTED:
Motion to accept and sign agreement.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully submitted,
-- ~ / M~~~
John Taves, Police Chief
~:-~c-lr/l~'~k
Robin Matu ick "-
Paralegal
MEMORANDUM OF AGREEMENT
WITH
FLORIDA DEPARTMENT OF HEALTH
VOLUSIA COUNTY HEAL TH DEPARTMENT FOR RABIES CONTROL ACTIVITIES
THIS AGREEMENT entered into this day of ,2007, by and
between the FLORIDA DEPARTMENT OF HEALTH, VOLUSIA COUNTY HEALTH
DEP ARTMENT (hereinafter referred to as the V olusia County Health Department) and the CITY
OF EDGEW A TER (hereinafter referred to as the City).
WHEREAS this Agreement is entered into for the purpose of delineating the responsibilities
of rabies control investigations in the interest of protecting the health and safety of the population
of the City of Edgewater.
In consideration of the mutual covenants hereinafter set forth, the City and Volusia County
Health Department agree as follows:
I. The V olusia County Health Department agrees to:
A. Provide medical consultation regarding anti-rabies treatment for victims.
B. Perform surveillance of post-exposure prophylaxis use and report to the State Health
Office.
C. Provide the pre-exposure and post-exposure vaccinations for the City of Edgewater,
Animal Control employees with possible exposure to a rabid animal at the rate that
the Department is charged to obtain the vaccine.
D. When necessary for specimens to be shipped for testing, the Volusia County Health
Department will ship the specimen and notify victims ofthe rabies test results as well
as the City of Edgewater, Animal Control.
E. Provide consultation and assistance when needed, including enforcement support
when appropriate.
F. Provide rabies guidebooks, legislative material and other rabies control documents
as appropriate.
G. Provide rabies control training to animal control officers.
II. The City of Edgewater agrees to:
A. Following policy and procedures of an animal rabies control program as expressed
(Agreement/Rabies)
in Chapter 64D-3 of the Florida Administrative Code and in the Rabies Control and
Prevention in Florida guidebook. Duties related to those responsibilities include:
1. Search for and attempt to locate animals involved in a bite attack that have
been reported to the City of Edgewater by victims, health care providers
and/or the V olusia County Health Department.
11. Quarantine animals for the appropriate time frame or verifY that animals
under home quarantine are healthy at the end of the observation period.
111. Report any animal under quarantine to the V olusia County Health
Department that indicate signs of rabies.
B. Inform the V olusia County Health Department when it needs support for
administrative and/or legal enforcement of rabies regulations.
C. Promptly notifY the V olusia County Health Department when any of the following
occurs:
I. The death or escape of an animal under quarantine.
11. The inability to locate an animal within seven (7) days of exposure to victim.
111. A victim exposure to a wild animal which will not be able to be obtained.
D. Refer all medical inquiries regarding anti-rabies treatment to the Volusia County
Health Department.
E. Honor Florida Statutes relative to the confidentiality of animal bite patient records.
III. Term.
Both parties agree that this Agreement shall be for a term of two (2) years from the latest date
of execution.
(Agreement/Rabies)
2
IN WITNESS WHEREOF, the parties have made and entered into this Agreement on the
respective dates under each signature.
WITNESSES:
CITY OF EDGEW A TER, FLORIDA
By:
Jon C. Williams
City Manager
Dated:
WITNESSES:
FLORIDA DEPARTMENT OF HEALTH
VOLUSIA COUNTY HEALTH DEPARTMENT
Name: Thomas R. Coleman, M.D., M.P.H.
Title: Director of V olusia County Health Dept.
Dated:
(Agreement/Rabies)
3
TENTATIVE AGENDA ITEMS
MA Y 21 (items due Thur 5/1 0)
1) 2nd R, Ord #2007-0-37, (Morris) COE rezoning 10 acres @ Oak Trail at RT (Rural Trans)
2) pi R, Ord #2007-0-_, Massey - rezoning (airport area)
3) 151 R, Ord #2007-0-_, amendment to LDC to include Article XIX (Adult Entertainment)
4) P&Z Board Appointment - nomination by Mayor
~
.. JUN 4 (items due no later than Thur 5/24 to make agenda - I will be on vacation the following week)
Ij' 1) 2nd R, Ord #2007-0-11, Halstead Resources sm scale comp plan amend .63 acres w of 121 W. Marion
Ave as Commercial (CPA-0701)
2) 2nd, Ord #2007-0-_, amendment to LDC to include Article XIX (Adult Entertainment)
3) 151 R, Ord #2007-0-, Washington Park rezoning
4) 151 R, Ord #2007-0-, Trey Harshaw rezoning of.46 acres located @ 1830 Orang Tree as RP (Residential
Professional) (RZ-0702)
5) Tom Valley requesting preliminary plat approval for Edgewater Oaks (SD-0702)
JUN 18 (items due Thur 6/07)
1) 2nd R, Ord #2007-0-, Washington Park rezoning
2) 2nd R, Ord #2007-0-, Trey Harshaw rezoning of.46 acres located @ 1830 Orang Tree as RP (Residential
Professional) (RZ-0702)
JUL 2 (items due Thur 6/21)
JUL 16 move to July30 per Council
JUL 27 - Fri. 9am to 5pm - Budget Work Session all funds
JUL 30 (items due 7/19)
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-0601) 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
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 16 - Thur 5-10 pm - Budget Work Session all funds
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! -- appro x 5,000 acres
5) SeaGate - Edgewater Lakes, Phase IE & 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)
I:\liz_docs\outlines\aitems052I 07
Rev. 4/25/07
9) Hickey Residential (RZ-0505)
10) 2nd R, Ord #2006-0-17, Carder/Falcon rezoning, (RZ-05l9) .24:1: acres s/w comer of Falcon Avenue &
Mariners Gate Court as R-4 (Multi-Family Residential) cont from 6/19, 6B
11) pt R, Ord. #2007-0-, 442 rezonings
12) Washington Park preliminary plat approval
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\outlines\aitems052107
Rev. 4/25/07