06-04-2007
Voting Order
Councilwoman Lichter
Mayor Thomas
Councilwoman Rogers
Councilman Vincenzi
Councilwoman Rhodes
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
June 4,2007
7:00 P.M.
COMMUNITY CENTER
We respectfully request that all electronic devices are set for no audible notification.
I. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPROVAL OF MINUTES - none at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
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
A. Memorandum of Agreement with Florida Department of Health, Volusia
County Health Department and the City for Rabies Control Activities.
7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Res. No. 2007-R-06, adopting VCOG's Smart Growth Committee
recommendation to consider lands contained in Map "A" as Environmentally
Sensitive Lands to be conserved for future generations.
B. Public Hearing, Laura Berg and James Locke on behalf of the Edgewater
United Methodist Church, 211 N. Ridgewood Avenue requesting a Special
Activity Permit for a July 4th Celebration and Barbeque with outdoor music.
C. 15t Reading, Ord. No. 2007-0-12, Trey Harshaw requesting an amendment to
the Official Zoning Map to include 0.459 i: acres located at 1830 Orange Tree
Drive as RP (Residential Professional) (Rezoning).
D. Public Hearing, Tom Valley requesting Preliminary Plat approval for a 130-
unit townhouse community to be known as Edgewater Oaks, located east of
Old County Road, north of Pearl Street (13.6 i: acres).
E. continue until June 18th - 2nd 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).
City Council Agenda
June 4, 2007
Page -2-
8. BOARD APPOINTMENTS - none at this time.
9. OTHER BUSINESS
A. Engineering Services Work Order #7 - staff recommending approval of
proposal from Quentin L. Hampton Associates, Inc. for bidding oversight
relating to ParkTowne Industrial Center Roadway Projects for Rowan Way and
Base Leg Drive for an estimated cost of $19,800.00 and authorize the City
Manager to execute the work order.
B. Animal Shelter - Discussion item with City Council consensus to move
forward with a specific option for the Animal Shelter.
C. New Position - approval for creating a new position which will combine
CRA/Grant Administrator and the Assistant City Manager's positions to create
one position titled: Assistant to the City Manager/Special Project
Coordinator.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
I) Tentative Agenda Items.
11. CITIZEN COMMENTS
12. ADJOURN.
Note. All items for inclusion on the June 18, 2007, agenda must be received by the City Manager's
office no later than 12:00 pm, Thursdav, June 7, 2007.
Pursuant to Chapter 286, FS., 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 xl 101, 5 days prior to the meeting date. Jfyou are hearing or voice impaired, contact the relay
operator at 1-800-955-8771.
I: \I iz _ docs\agendas\060407reg
LP.A.
AGENDA REQUEST
Date: May 25 , 2007
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
06/04/2007
OTHER
BUSINESS
ITEM DESCRIPTION:
Memorandum of Agreement with Florida Department of Health, V olusia County Health Department
and the City of Edgewater for Rabies Control Activities.
BACKGROUND:
Chapter 64D-3 of the Florida Administrative Code in the Rabies Control and Prevention in the
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 approval of the Agreement.
ACTION REQUESTED:
Motion to approve and authorize the City Manager to execute the Agreement.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
Concurrence:
~'d~,~
Chief of Police John Taves
~:rK
Robin L. Matusick "-
Paralegal
ci:u,:~
City Manager
rim
MEMORANDUM OF AGREEMENT
WITH
FLORIDA DEPARTMENT OF HEALTH
VOL USIA COUNTY HEALTH DEPARTMENT FOR RABIES CONTROL ACTIVITIES
THIS AGREEMENT entered into this day of ,2007, by and
between the FLORIDA DEPARTMENT OF HEALTH, VOL USIA COUNTY HEALTH
DEPARTMENT (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 Edge water,
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 V olusia 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 ofthe 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 Volusia 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 Volusia 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:
1. 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 COUNTYHEALmDEPARTMENT
Thomas R. Coleman, M.D., M.P.H.
Director of V olusia County Health Dept.
Dated:
(Agreement/Rabies)
3
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, VOL USIA COUNTY HEALTH
DEPARTMENT (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 Edge water,
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 Volusia County Health Department when any of the following
occurs:
1. 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 HEALm DEPARTMENT
Thomas R. Coleman, M.D., M.P.H.
Director of V olusia County Health Dept.
Dated:
(Agreement/Rabies)
3
'"1-. A .
AGENDA REQUEST
Date: Mav 24, 2007
PUBLIC
HEARING June 4, 2007
RESOLUTION X
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Resolution 2007-R-06 Adoption of Map "A" as presented and accepted by the Yolusia Council of
Government (YCOG) Smart Growth Committee as Environmentally Sensitive
Lands to be conserved for future generations.
REQUESTED ACTION: Adoption of Map "A".
Background: On May 7, 2007 Map "A" depicting Smart Growth Boundaries was agreed upon by the
Smart Growth Committee. This map depicts areas determined by the Committee as environmental lands
preserved for future generations and the safety and well being of wildlife.
The Committee has agreed to propose the necessary tools to the County so property owners within Map
"A" lands might be encouraged to comply with smart growth and environmental practices.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 2007-R-06; adopting Map "A" depicting Smart Growth
Boundaries.
ACTION REOUESTED
Motion to approve Resolution 2007-R-06.
PREVIOUS AGENDA ITEM:
YES
NO
X
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~(~~A~C'X
Robin Matusick ~
Paralegal
-I- ,/~
,e Jon C. Williams
City Manager
Smart growth.doc
RESOLUTION NO. 2007-R-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, ADOPTING MAP "A" AS
PRESENTED AND ACCEPTED BY THE VOLUSIA COUNCIL
OF GOVERNMENT ("VCOG") SMART GROWTH
COMMITTEE AS ENVIRONMENT ALLY SENSITIVE LANDS
TO BE CONSERVED FOR FUTURE GENERATIONS;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, the City of Edge water believes in the conservation of environmentally sensitive
lands within the County of Vol usia; and
WHEREAS, the City also supports unique walkable communities, towns and cities within
V olusia County; and
WHEREAS, the V olusia Council of Governments ("VCGG") Smart Growth Committee has
recommended conservation of lands designated within the final Map "A" areas; and
WHEREAS, the City of Edgewater is a member of "V COG" and is committed to the use
of acceptable smart growth tools to conserve Map "A" lands that promote economic vitality and
allow flexibility for each community's future.
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida:
Section 1.
The City Council of the City of Edgewater joins all V olusia communities,
including the County of V olusia and the V olusia County School Board, in adopting a resolution to
conserve all lands contained in Map "A"(which is attached hereto and incorporated herein) using
agreed upon smart growth tools.
Section 2.
If any section, subsection, sentence, clause, phrase, or portion of this
Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court,
2007-R-06
such portion of application shall be deemed a separate, distinct, and independent provision, and such
holding shall not affect the validity of the remaining portions or application hereof.
Section 3.
All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 4.
This resolution shall take effect immediately upon its adoption.
After Motion to approve by
and second by
the vote on this resolution was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED, APPROVED AND ADOPTED this 4th day of June, 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 4th day of
June, 2007 under Agenda Item No. 7_.
2007-R-06
2
VCOG Map A1B Lands
Legend
_ Map A Lands
D Semi Natural-Map B Lands
_ Natural-Map B Lands
D Urban/Non Natural
D Intensive Agriculture
May 7, 2007
Jt.l..!.!.1!. U..I...H\.J I. _~ .. !lI\.!~,,~tllallll:..:L
2570 W. International Speedway Blvd.
Suite 120
Daytona Beach, FL 32114-8145
Telephone: 386-226-0422
Fax: 386-226.0428
Sun Com: 380-0422
Mary J. Swiderski
Executive Director
mswiderski@co.volusia.fl.us
2007 CHAIRMAN
Mayor Jim Vandergrifft
New Smyrna Beach
VICE CHAIR
Mayor Robert Apgar
DeLand
SECRETARY !TREASuRER
Council Member
Art Giles
County of Volusla
Commissioner
Cassandra Reynolds
Daytona Beach
Mayor Greg Northrup
Daytona Beach Shores
Mayor George Coleman
DeBary
Mayor Dennis Mulder
Deltona
Mayor Mike Thomas
Edgewater
Mayor Roland Via
Holly Hili
Mayor Mark Shuttleworth
Lake Helen
Mayor Mike Thompson
Oak Hili
Mayor Ted Erwin
Orange City
Mayor Fred Costello
Ormond Beach
Mayor Jim Sowell
Pierson
Mayor Nancy Epps
Ponce Inlet
Mayor Allen Green
Port Orange
Mayor Blaine O'Neal
South Daytona
Member
Candace Lankford
Vol usia County Schools
ASSOCIATE MEMBER
Mike Mellon
EVAC
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~
VCOG SMART GROWTH COMMITTEE
RECAP OF MAY 7, 2007 MEETING
The following was agreed upon at the Smart Growth Committee meeting held on May 7,
2007 as follows:
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1. Borders on Map A Approved by Committee - Prior to the May 7, 2007 meeting, all
cities involved in Map A lands were able to agree on boundaries. Even though there were
minor changes to Map A, there was a zero net effect in the total lands protected. The
revised Map A was approved by the Committee present. A generic resolution was proposed
to be presented to each city, County of Volusia and the Volusia County School Board to
adopt Map "A" as presented and accepted by the Volusia Council of Governments (VCOG)
Smart Growth Committee as environmental lands preserved for future generations and the
safety and well being of wildlife.
2. Development Standards within Map- A lands - On Monday, May 7, 2007, the
Committee started working on Transfer Development Rights (TOR's) for the Map A Area.
Since the ultimate goal is to have no growth within Map-A, and with limited funds for both
County and cities to purchase the land, the Committee has agreed to propose the
necessary tools to the County so property owners within Map-A lands might be encouraged
to comply with smart growth and environmental practices. TOR's would be a step toward
conserving the Map A lands and at the same time encourage density in urban areas.
3. Clarify borders on Map-B - After the Committee has adopted Map-A and put together
development standards for Map-A, the County staff will initiate communications with all
cities where the borders are either in an area of influence, a part of, or contiguous to Map-B.
The County will work with those cities to determine actual borders and clarify Map-B
accordingly. After consensus on the borders and voted by the VCOG Board, these
respective cities in turn, will adopt Map-B as it affects its borders.
4. Clarify areas on Map-C - Determine areas of influence has now been placed within Map
C (yet to be determined) - Map-C are those areas that are not in Map A or B but in
neighborhoods, areas contiguous or border other jurisdictions, where change in density
could also change the balance of the adjacent community. After Map A and Bare
completed, consensus of Map-C needs completion.
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5. Development Standards for Map-B - The Committee will make recommendations as
indicated in the original Smart Growth Report, after a study of Map-B lands has been
completed, to identify areas where urban development might be accommodated, where
cluster development might be appropriate, and areas that should be protected. The
Committee will determine which standards could be placed into policy to accomplish these
tasks not only for the County but for cities within the Map-B lands.
6. Refining the Volusia Growth Management Commission (VGMC)
Responsibilities - The VGMC is putting together a guide book on community planning to
use as an indicator for sustainability. All factors will be taken into consideration in
Comprehensive Plan approvals. The Committee decided to wait until it has completed its
scope of work before making any further recommendations to the VGMC.
Mayor Michael L. Thomas
District I Councilwoman Debra 1. Rogers
District 2 -Vice Mayor Dennis A. Vincenzi
District 3 Councilwoman Harriet E. Rhodes
District 4 Councilwoman Judith R. Lichter
City Manager Jon C. Williams
City Attorney Carolyn S. Ansay
City Clerk Susan J. Wadsworth, CMC
Jon Williams
City Manager
RECEIVED
MAY () 9 2001
CITY ATTORNEY
LETTER OF TRANSMITTAL
May 9,2007
At the regular City Council meeting of May 7, 2007 Mayor Thomas
during his reports requested a resolution supporting VCOG Map A. I spoke to Mary
Swiderski - Executive Director, VCOG, Inc & Volusia League of Cities reference said
resolution. Ms. Swiderski is working on the resolution once it is complete she will
forward it to the City for action.
~--~~/
Susan J. Wadsworth, CMC
Cc: Legal
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RECEIVED
M,t:>,'( 2, ~. 2007
CITY MANAGER
Vo/usia Council of Governments
serving sim:p. 1970
2570 W. International Speedway Blvd.
Suite 120
Daytona Beach, Fl32114-8145
Telephone: 386.226-0422
Fax: 386.226.0428
Sun Com: 380-0422
Mary J. Swiderski
Executive Director
mswiderski@co.volusia.fl.us
CH AIRMAN
Mayor Jim Vandergrifft
New Smyrna Beach
VICE CHAIR
Mayor Robert Apgar
Deland
SECRETARY !TREASURER
Council Member
Art Giles
County of Vol usia
Commissioner
Cassandra Reynolds
Daytona Beach
Mayor Greg Northrup
Daytona Beach Shores
Mayor George Coleman
DeBary
Mayor Dennis Mulder
Deltona
Mayor Mike Thomas
Edgewater .
Mayor Roland Via
Holly Hill
Mayor Mark Shuttleworth
Lake Helen
Mayor Mike Thompson
Oak Hill
Mayor Ted Erwin
Orange City
Mayor Fred Costello
Ormond Beach
Mayor Jim Sowell
Pierson
Mayor Nancy Epps
Ponce Inlet
Mayor Allen Green
Port Orange
Mayor Blaine O'Neal
South Daytona
Member
Candice Lankford
Vol usia County Schools
ASSOCIATE MEMBER
Mike Mellon
EVAC
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:I.'~.... Enclosed is a revised Map A/B Lands. The prior disc received at the May 7,
; 2007 YCOG Smart Growth Meeting did not include some of the sections in
i the Highlands area. The enclosed disc is corrected and complete.
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.~.1. Included on this disc are the entire map A/B lands as well as a section
:~ map. Each section is marked accordingly. For an enlargement of that
~ particular section, simply go to the appropriate page.
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MEMORANDUM
MARY SWIDERSKI - EXECUTIVE DIRECTOR
REVISED SMART GROWTH MAP A/B LANDS
'-::/'. B
AGENDA REQUEST
Date: June 1. 2007
PUBLIC
HEARING June 4, 2007 RESOLUTION
ORDINANCE
BOARD
APPOINTMENT CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Laura Berg and James Locke, agents for Edgewater United Methodist Church, located
at 211 N. Ridgewood Avenue are requesting a Special Activities permit for a Fourth of
July Celebration event with outdoor music to be held July 4, 2007.
BACKGROUND
The event is scheduled for July 4, 2007, with the hours of operation being from 4:00
p.m. to 10:00 p.m., outdoor entertainment will be provided from 4:00 p.m. to 9:00 p.m.
No amplified public address system will be permitted after 9:00 p.m.
The applicant will be responsible for any law enforcement and other expenses the City
incurs during this event. Property owners within 500-feet have been notified of the
public hearing.
STAFF RECOMMENDATION
The Technical Review Committee has reviewed the application and recommends
approval of the special activities permit to allow Edgewater United Methodist Church
to hold a Fourth of July Celebration with outdoor music on July 4, 2007, based on
following conditions:
1. Driveways must remain readily accessible to the rear of the building to allow
emergency vehicle access;
2. The occupant load of the assembly area may never be exceeded;
3. Daily fire, life safety and code inspections will be conducted throughout the
duration of the permit;
4. The applicant fully complies with Section 21- 37 (Special Activity Requirements)
of the Land Development Code and Article II (Noise) of Chapter 10 (Health and
Sanitation) of the Code of Ordinances;
5. No outdoor amplified public address system shall be in use after 9:00 p.m.;
6. No parking is permitted in public right-of-ways or in the site visibility triangle;
7. U.S. Hwy 1 must be coned in front of the business to slow traffic and prevent
accidents.
,
ACTION REQUESTED
Motion to approve the special activities permit to allow Edgewater United Methodist
Church to hold a Fourth of July Celebration with outdoor music on July 4,2007, based
on staffs recommendations.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
DATE: S/2l.\ 10\
YES
NO
x
AGENDA ITEM NO.
N/A-
OY*';C'h~;'''\:
Darren Lear Robin Matusick
Development Services Director Paralegal
Jon C. Williams
City Manager
SPECIAL ACTIVITY PERMIT
EDGEWATER UNITED METHODIST CHURCH
ADDRESS-211 N. RIDGEWOOD AVENUE
EDGEWATER, FLORIDA 32132
APPLICANT-Laura Berg/JamesLocke
FUNCTION: 4th of July Celebration
SPECIAL ACTIVITY PERMIT REQUIREMENTS
1. A Special Activitv Permit has been issued for Edgewater United Methodist Church, 4th of July
Celebration event, to be held July 4, 2007, with the hours of operation being from 4:00 p.m. to 10:00
p.m. with outdoor music ending at 9:00 p.m. (1 day at $300.00 per day. Fee of $300.00 paid).
2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and
miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity).
3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall
comply with parking requirements for that use.
4. A description of adequate provisions for parking will be supplied in advance to the Development
Services Department for staff review. Applicant must obtain written permission from all property
owners granting authorization to use their property for this event, including use for parking
facilities. Applicant will supply adequate manpower for parking vehicles during the event.
5. Applicant shall provide the City Clerk with a bond or an insurance policy to protect City from
liability in form and substance acceptable to City of at least $200,000.
6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of
the event including potable water, if necessary.
7. The City shall provide scheduled and unscheduled inspections prior to and/or during the special
activity by police, fire, code compliance, building and/or city administration representatives to
monitor and ensure compliance with all applicable City, County and State codes. Special activity
permits that include outdoor entertainment may require a code compliance officer to remain on site
during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter.
Appropriate State agencies are responsible for the inspection of amusement rides and public food
preparation facilities.
8. The proposed use will substantially comply with the appropriate Life Safety Code and Building
Code requirements. Plans must be approved by Fire and Police Departments.
9. No signage for advertising the event shall be placed on any public right-of-way. Any signs used
for the event must be permitted and inspected by the Development Services Department. All
signs shall be removed within 1 day of the end of the event.
10. The proposed use is limited to a specific period of time listed on the Special Activity Application,
not to exceed one day.
11. The number of special activities at any given location or address shall not exceed one 1O-day
period and two I-day charitable events/activity between the dates of January 1st through June
30th; and one 10-day period and two I-day charitable events/activity between the dates of July
pt through December 31st. A letter of authorization from property owner must be supplied to
the City.
12. The proposed use will operate only during the specific daily time period requested on the
application.
13. The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
14. It shall be the responsibility of the applicant of the special activity permit to ensure the
structural integrity of all temporary structures erected for special activities. The structures
are to be safe, structurally sound and of adequate capacity to service the number of persons
proposed to use the structure and must be removed with five (5) days of completion of the
special activity. The Building Official and Fire Marshal shall verify such compliance is
obtained.
15. No electrical cords to be placed across driveways or driving lanes.
16. No open flames permitted.
17. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on
site at all times and be readily available. The quantity of fire extinguishers to be determined
by the Fire Department.
18. Access roadways must be maintained at a minimum width of 20 feet.
19. Overnight parking or camping is prohibited.
20. For events taking place in grass lots or fields, the vegetation must be cut prior to set up.
21. Individual vendors must register with the City Clerk and food vendors must have proper
state inspections. {Department of Business and Professional Regulations will do inspections
(800-375-6975), fees may be required by the State}
22. Applicant is responsible for leaving property clear of all trash, garbage and litter.
23. Any person or entity who shall conduct, operate or maintain a special activity and fails to
obtain a special activity permit shall be ordered to cease and desist and be punished by a fine
of three times the cost of the application fee as well as all associated City fees. No further
special activities shall be authorized until all penalties are current. A repeat offender shall
not be eligible for a special activity permit for a one-year period. A repeat offender is defined
as a sponsor/promoter who violates any of the conditions of the special activity permit more
than one time in a six-month period.
24. Must provide adequate parking for those in attendance.
25. All off site parking will require a traffic detail.
26. No parking is permitted in public right-of-ways or in the site visibility triangle. Exhibit "A"
27. A Special Activity requesting road closures will provide "road closure signs" and barricades.
28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide
"congested area ahead" signs along with an additional generated light system that will
illuminate the area of crossing/congestion.
29. The City shall monitor noise levels to determine if a public nuisance exists. The permit
holder shall comply with the City's determination. Special Activity permit is subject to
2
revocation if owners fail to comply with noise abatement. Article II (Noise) of Chapter 10
(Health and Sanitation) of the Code of Ordinances shall be upheld. Exhibit "B".
ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT:
1. Driveways must remain readily accessible to the rear of the building to allow emergency
vehicle access;
2. The occupant load of the assembly area may never be exceeded;
3. Daily fire, life safety and code inspections will be conducted throughout the duration of the
permit;
4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land
Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of
Ordinances;
5. No outdoor amplified public address system shall be in use after 9:00 p.m.;
6. No parking is permitted in public right-of-ways or in the site visibility triangle;
7. U.S. H wy 1 must be coned in front of the business to slow traffic and prevent accidents.
I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL
SERVICES ARE REQUIRED FOR THIS EVENT.
I have read and understand that I must comply with the above conditions.
Signature Date
Permit Reviewed/Approved by:
Police Chief Fire Chief
Permit issued by: Date
Darren Lear, Development Services Director
CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and
Development Services Director
3
EXHIBIT "A"
21-38.03 - Site Triangle Requirements
a. Nothing shall be erected, planted or placed in a manner as to materially impede vision
between a height of two and one-half feet (2 Y2") to ten feet (10') above the intersecting street
right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from
the intersecting right-of-way lines.
These regulations may also apply in commercial ingress and egress driveway areas if the
TRC determines that a safety hazard may exist.
CORNER LOT
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EXHIBIT "B"
CHAPTER 10 (Health and Sanitation)
ARTICLE II. NOISE
Sec. 10-22. General restrictions.
(a) No person shall operate or cause to be operated any source of sound from any
subject parcel in such a manner as to create a noise nuisance or sound level which
exceeds the limits set forth for the use occupancy in Table 1, when measured at
the property boundary of the subject property from which the sound emanates.
(b) Sound or noise emanating from one use occupancy category into another use
occupancy category with a different noise level limit shall not exceed the limits of
the use occupancy category into which the noise is projected.
TABLE 1
Noise Restrictions
Use Occupancy Cate2:orv Time Sound Level Limit
( dBA)
Residential 8:00 AM - 9:00 PM 60
9:00 PM - 8:00 AM 50
Commercial 7:00 AM - 10:00 PM 65
10:00 PM - 7:00 AM 60
Manufacturing All times 75
Noise Sensitive Zone All times 50
.,
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Received
NAY J l 20n?
c~ of Edgewatsr
Planning & DevelopmMf
.This applicatiopml\st be completed in its entirety and submitted to the Planning Department at
ldqst 60-days in' advance of the activity. Incomplete applications will be returned to the applicant ('I~J
and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION . \")
..,t'X:-~c (\Ot,}\ " ,'_\1.\0'\ 5' ~ \)~ .1,
FEE: $300/day \)~ 1..\ v \ l-\l~ - '8- D7 (:t. {j
~ {J. ~ $ "1
L ':2 / / D~te ~ / ". 'IJtU
Applicant Name: Q...U..rtL V-e.K"~ ../~h~ e'#;<?~ 'In.A!s;Fc-S
Sponsor/Organization Name: -.Eel ~e.t..Ua..:fe..r' ~,fe-c! rYlJhcctI~-b ~/..J.Y~ '
Applicant/Sponsor Address: 'Z.J ( 0. R;4 -e.u>~ A ue. ) ~ ~ ~-e.r
AddressILocation of Event: 2 r I tV. K~ .J.~~ooJ A ~ 1 Edqe0a:t--c-r-
Local Contact Telephone Number: J..{ 28 -{pS57- Emergency # ~ 8lJ ". ~ 7 /p 7
Name of Event: -.J ~ t.r tt.j.~ C\J.. e..b rdt l>-rJ--S
Description of Event: JttV;:;Gllf.,. .,J;~" oAAr'" ~ ~ ,)....J- 6~ ~..J.~t~l. 7h 6 t:.
fA. ~~tt'.1. ~v.~....A t1~,4 ~ I ( <tJ.l(.,J ft OM/\. ~,
Date( s) of Event: -..J111'( -+ -!;- Time( s) of Event: ~ :00 f.... - , (): -0 f '" (A.fiu~NPIl>f'k~
Set-up/Tear down dates: (if needed): &1te . Wi t { ~Ad. cdt q: {;O prn
Expected Attendance: /0 0 +
Will admission be charged? ( ) Yes ('ft No
Will outside live/recorded music or sound amplification be used? p9JYes-Hours?
Will vendors be at the event? ( ) Yes ~ No How many?
If yes, please check the following that apply:
Food
CITY OF EDGEW ATER
SPECIAL ACTIVITY APPLICATION
( )No
Alcoholic beverages
Soft drinks
Arts/Crafts
Other (specify)
What equipment will be required/used? Check all that apply.
Water No N e.
Electricity
Barricades
(How Many?)
(How Many?)
Trash Cans
Special Activity Rev: 6-06 1
t. #....1.. _ i a 'I' \ 1 : ... f f ......" ~ 1 '_.f' .... ~,
Which of the following will be used?
Banner
Booth
-X- Temporary Tents
Fireworks/Pyrotechnics
~ Temporary Signs
Canopy
Amusement Rides
Portable Restrooms
(How Many?)
Other (specify)
The following shall accompany this application:
.,/
L Plan submitted to reflect location and number of vendors, parking layout,
and sanitary facilities. 5' e.€.- Pr~chty\c;tk
~ A letter stating the applicant acknowledges that they are financially
responsible for all additional services provided by the City which may
include, but are not limited to the following: 'trash pick up, utilities, code
enforcement, law enforcement, etc. 5~t. A4tC\(;~rllYlt;'vd-
The applicant shall post a bond or provide insurance in the amount of
$200,000.00 to hold the City harmless of any and all liabilities.
Submittal of a listing of all property owners within SOO-feet (listing to
include names and addresses of all owners and list shall be obtained from the
/'
/
Volusia County Property Appraisers Office). Provide list via e-mail to
planning@citvofedgewater.org in dbf format. Listing printed from the
Property Appraisers website shall not be accepted.
Type of organization:
--X-- Non Profit
Charitable
For Profit
Individual
Tax Exempt # 7 '-1- D~ - 6Sq ... 2.3~ - 55 c...
Name of Organization or beneficiary
Federal J.D. #
SS #
Tax #
Special Activity Rev: 6-06
2
If you are requesting City assistance with your event, please describe:
NON e.
Road closures (list street name(s) and date(s) all streets closed for an event must be reopened
within 30-minutes of the end of each day of the event. NoN e
The applicant shall comply with all requirements contained in Section 21-37 (Special Activity
Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the
City of Edgewater Code of Ordinances.
If sound amplification is associated with this event, I agree to monitor the sound level so that it
remains within the limits of the City Code. If valid noise complaints are received, I agree to
reduce that noise to a satisfactory level. I further understand that if reducing the noise does not
control citizens' complaints, the source of the noise will be terminated.
Signature of applicant: -&. ~,.."
~/~s;><a-
Date: :.;.. -- ct - 07
Special Activity Rev: 6-06
3
Attachment to Special Activity Application:
Plan:
We are not having any vendors for this event. The parking will be the same as it is every Sunday
for our church services. We anticipate less people for this event than we have at our services on
Sunday. The same is true for sanitary facilities. We have sufficient sanitary facilities in our
church to cover the 100 people we expect to attend this event. The church will be open at all
times and the bathrooms available for use by the general public.
Acknowledgment of Financial Responsibility:
Edgewater United Methodist Church hereby acknowledges that they are financially responsible
for additional services provided by the City which may include trash pick up, law enforcement,
etc. It is, however, not anticipated that this event will require any additional services by the City.
The church has a very large dumpster that will accommodate the trash generated by this event.
The utilities will be the normal utilities used by the church and paid by the church. We do not
anticipate a crowd of any more than we normally have at our services on Sunday. We do not
require additional law enforcement on Sundays and we do not anticipate needing any additional
law enforcement for this event.
L SPECT AT, A CTTVTTY
REQUEST FORM
Surrounding Property Owners $25.00 Pre-Paid Flat Fee (please allow 5 business day for processing)
To be completed bv Property Owner or Aeent: Date of Request:
Tax Parcel Number:
Check one below:
1. Adjacent only: 0
2. Radius: [8J Number of feet needed 500 (ie 100, 300, 500 ft)
Owner or Agent Name: EdqhUD-te..r L) nit~d rYlethodl)sT ~ ~uxe-h
Current Mailing Address: ZOt{ '-l k1 he. \l Sf I ~d ~e..u.:>cJ~ I ~ L 3:l1 Y L
Phone Number: (3~") 42.f:{- l} '-IDI Email Address (required if information is to be
sent in electronic format): Planning@CITYOFEDGEWATER.ORG
Owner or Agent Signatu!~::?- I!t!,y"e~ ~~-!)ate 0c,~1
Select Desired Format:~
Printed List (To be pick-up) Certified Printed List Required? (circle yes if needed) Yes
If picking up a printed list, please circle which office you ~ouldlike to pick up from:
DeLand New Smyrna Beach Daytona Beach Orange City
OR
Check your selection from one of the Electronic Formats below. If an electronic
format is chosen, it will be emailed to the email address provided above.
o Text (Tab Delimited)
o Excel (.xls)
o Lotus 1-2-3 (.wks)
~ Dbase (.dbf)
Please read the disclaimer below and initial. Request wiII not be processed without customer initials.
DISCLAIMER: V olusia County Property Appraiser and staff are constantly
working to provide and publish the most current and accurate information possible:
No warranties, expressed or implied are provided for the data herein, its use, or its
interpretation. No responsibility or liability is assumed for inaccuracies or errors.
Please govern yourself accor . gly.
Customer Initials:
Fonvard Request to: Sandy Hulvey, Volusia County Property Appraiser's Office
123 W. Indiana Avenue, Room 102
Deland, Florida 32720
Or FAX 386.740.5179
For questions, please call: 386.736.5903
>/23/07
ConfirmNet ->
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A_CORDrlA CERTIFICATE OF LIABILITY INSURANCE
DAHiIMM,DDIYYYYI
OS/23/07
EDGEWA'l'ER, FI, 32132
THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATIOt~
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW.
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__:~~~~ERS AFFORD.I~G C~iER~_~____J NAIC;;
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THE POLlCI!::S OF II>:SURANC::: L1ST:::D BELOW HAVE BEE" !SSU!::D TOTHE INSJRED NAMED ABOVE FO=< THE POLICY PE=<IOD IND;CATED. NOTWITHSTANJI\lG
ANY REQUIREME\lT, TER'IA OR CONDITION OF ANY COi-JTRACT OR OTHE=< DOCUMENT WITH R:::SP::CT TO WHICH THIS CE=<TIFICAE MAY BE 158..ED OR
MAY PERTAIN, THE INSURANCE AFFO'lDED BV THE "OLleIES DESCRIBED HEREIN IS SuB,ECT TO ALL THE 1 E".MS, EXCL.USIONS AND CONDITlor;jS OF SUCH
"OLlCIES. AG3REGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA!MS.
INSR DO' ---------r-- --IP~Al:fCYHFEC11\'E 'POlICYEJ<PIRATION' ----
Di TYPEOFlt'.URANCE I POl'CYNUM8~ !UM.!l!iQ.QLrnrrtl'iPM.YL;------L1r.lIlS-----
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~RODUCER 1- 561-995-6706
Arthur J _ Gallagh..r Risk Manacement Ser-J'ices
Arthur J. Gallagher & Co. (Florica)
2255 Glades Road
Suito 400E
Boca Ratcn, FL 33431
.NSURED
DL-355011
Edgewater United M
21J N_ RJDGEWOOD AVE
DESCRIJ7nON OF OPERATIO'.SJ LOCA. TIONS ,/ VEHICLES IE:XCI.USIONS;',OOEO BY !:.NOOR8E.MENl ! SOECIAL PROVISIONS
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Workers Comp8nRa~ion# 999-09749- $400.000 sr~, 'Emplo~'er Liability Limit : ~ 1,000.000_
July 4, 2007- Block Party
CERTIFICATE HOLDER
CANCELLATION. 10 day <:ancellation for premium non-payment
SHOlJLD ANY OF THE ABOVE DESCRI~BJ POLiCIES BE CANCELl.ED BEFORE ThE EXPIRATION
DATE THEREOF, THE !SSUING INSURER V/ltt eNDEAVOR TO MAIL 2~_ DAYS W~lnEfl
NOTICE TO TliE CEF<TIF1CAIE HOLDER NAMEO TO THO: LEFT, BUT FP,ILURE TO DO SO SHALL
IMPOSE NO 0811GA.TIC'N OR L1A"II.ITY OF ANY KltlD UPON THE ItlSUREI~. ns ...GENTS OR
RE.PRESEN T A nVES.
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City of Edgewater
104 N Riverside Dr
Edgewater, FL 32132
USA
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THE CITY OF EDGEW ATER
POST OFFICE BOX 100, EDGEWATER, FLORIDA 32132-0100
Mayor Mike Thomas
District I Councilwoman Debra J. Rogers
District 2 Councilman Dennis A. Vincenzi
District 3 Councilwoman Harriet B. Rhodes
District 4 Councilwoman Judy Lichter
City Manager Jon C. Williams
City Clerk Susan J. Wadsworth
City Attorney Carolyn S. Ansay
Paralegal Robin L. Matusick
May 24, 20d]
RECEIVED
MAY 2 9 2007
CITY ATTORNEY
Dear Property Owner:
Notice is hereby given that a Special Activity Permit Application will be reviewed by the City Council during the
Council meeting scheduled for Monday, June 4, 2007 at 7 :00 p.m. or as soon thereafter as the matter may be heard,
in the Community Center, 102 North Riverside Drive, Edgewater. The City Council will review/consider the
Special Activity Permit Application submitted by Laura Berg and James Locke on behalf of the Edgewater United
Methodist Church, 211 North Ridgewood Avenue, Edgewater, for their July 4th Celebration scheduled for July 4,
2007.
This Special Activity will be held at the Edgewater United Methodist Church for a requested one (1) day period on
the 4th of July. This activity consists of a Barbeque with outdoor music from the Church band.
All interested persons are invited to attend the public hearing. This hearing may be continued to one or more dates.
The dates, times and places of any continuation ofthe above-scheduled public hearing will be announced at said public
hearings and no further notification regarding said continuation is itquired to be publishedAdditional information and a
copy may be obtained from the City Clerk, 104 North Riverside Drive, Edgewater.
If any person decides to appeal any decision made by the City Council with respect to any matter considered at such
hearing, a record of the proceedings may be needed, and in that event, such person may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is based.
In accordance with the Americans with Disabilities Act, persons needing assistant to participate in this hearing
should contact the City Clerk at (386)424-2400 extension #1101 prior to the hearing date.
Sincerely,
,r--:;
'._-~~~ , ).
'~~.u"..I~
Robin L Matusick
1.
'+ f c.- .
AGENDA REQUEST
Date: May 23, 2007
PUBLIC
HEARING June 4. 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
I st Reading - Ordinance No. 2007-0-12
Joe Hopkins, requesting an amendment to the Official
Zoning Map to include .459:l: acres of land located at
1830 Orange Tree Drive as RP (Residential
Professional).
OWNER: Christopher "Trey" and Sharon Harshaw
APPLICANT/AGENT: Joe Hopkins, P.E.
REQUESTED ACTION: Amend the Official Zoning Map to change property from R-2 (Single-Family
Residential) to RP (Residential Professional).
PROPOSED USE: Conversion of a single-family residence to a professional office
LOCATION: 1830 Orange Tree Drive
AREA: .459:l: acre
CURRENT LAND USE: Single Family Residence
FLUM DESIGNATION: Low Density Residential
ZONING DISTRICT: R-2 (Single Family Residential)
VOTING DISTRICT: 2
North
East
South
West
FLUM Desi llation
Low Densit Residential
Low Densit Residential
Low Densit Residential
Low Density Residential
Background
The subject property is an existing single-family residence on the northwest corner of Indian River Boulevard (SR 442)
and Orange Tree Drive. In addition to the request for rezoning, the applicant has also submitted applications for
variances and Conditional Use to allow a Professional Office in the RP (Residential Professional) zoning district as well
as a request for Site Plan review.
The Planning and Zoning Board voted 6-0 to approve this request at their regular meeting of May 9, 2007.
Adequate Public Facilities
This site is served by the City's water and sewer service area and has direct roadway access to Orange Tree Drive.
RZ-0701 . Harshaw
Natural Environment
There are no known environmental issues associated with this site.
Comprehensive Plan Consistency
The request is compatible with Policy 1.5.9 of the City of Edgewater Comprehensive Plan which states:
Due to the widening of S.R. 442 the City shall permit conversion of existing residential structures to professional office
uses only when the following conditions shall apply:
. The property is located on S.R. 442, east of Pinedale Road and west of US Highway I, and has a
minimum of 100-feet frontage along S.R. 442.
. A Conditional Use Permit is applied for and granted by the Planning and Zoning Board.
. Adequate access and parking to redeveloped parcels is provided.
. Land Development Code standards for buffers and site visibility triangle can be provided to effectively
maintain the viability of adjacent residential uses.
. A site plan is approved by City staff.
Professional office uses permitted are restrictive and shall be designed to serve primarily the residents of the immediate
neighborhood.
The usage of these properties shall not be detrimental to, nor incompatible with the current nature of the area. Specific
guidelines and requirements for conversion of those properties are provided in the City of Edgewater Land Development
Code.
Other Matters
The applicant must acquire site plan approval prior to the issuance ofa development order or occupational license. Site
plan approval shall include, but not be limited to parking, landscaping and stormwater retention. Redevelopment ofthis
property shall conform to the standards set forth in Article XVIII (Indian River Boulevard - S.R. 442 Corridor Design
Regulations) of the City of Edgewater Land Development Code.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2007-0-12; amending the Official Zoning Map to include .485:!:: acres of
land located at 1830 Orange Tree Drive as RP (Residential Professional)..
ACTION REQUESTED
Motion to approve Ordinance No. 2007-0-12.
PREVIOUS AGENDA ITEM:
YES
NO
X
DATE:
AGENDA ITEM NO.
R"p~:S~bm~7Y
d\ear ' ~/Wl
Development Services Director
Go~
Robin Matusick \.
Paralegal
RZ-070 I - Harshaw
2
ORDINANCE NO. 2007-0-12
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 0.459 ::!: ACRES LOCATED AT 1830
ORANGE TREE DRIVE, EDGEW A TER, FLORIDA, FROM
CITY R-2 (SINGLE-FAMILY RESIDENTIAL) TO CITY RP
(RESIDENTIAL PROFESSIONAL); 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. Christopher "Trey" and Sharon Harshaw, owner/applicant of property located at 1830
Orange Tree Drive, within V olusia County, Florida. Subject property contains approximately 0.459
::!: acres more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from City R-2 (Single Family Residential) to City RP (Residential Pofessional) for the
property described herein.
3. On May 9,2007, 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 June 4, 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
May 25, 2007.
5. On June 21, 2007, the City Council held a public hearing on the application after
StI tick till otlgh passages are deleted.
Underlined passages are added.
2007-0-12
1
publishing notice of such hearing in the Observer on June 7, 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
rather than a legislative act of the City Council.
StltKk t1.!on~h passages are deleted.
Underlined passages are added.
2007-0-12
2
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 City
R-2 (Single Family Residential) to City RP (Residential Professional).
The following described real property all lying and being in the County of V olusia
and State of Florida.
Lot 1557 (less that apart in new right-of-way), Lots 1558, 1559 and 1560, Block 69,
Florida Shores No.3, according to map recorded in Map Book 23, Page 83, Public
Records of Vol usia County, Florida.
Containing 0.459 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.
PARTD.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining
StI t1c,k till otlgh passages are deleted.
Underlined passages are added.
2007-0-12
3
portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable
to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not
affect its applicability to any other person, property, or circumstance.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion to approve by
and Second by
, the vote on the first reading of this ordinance held on June 4, 2007 is as
follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
St. t1Gk tin otlgh passages are deleted.
Underlined passages are added.
2007-0-12
4
After Motion to approve by
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 18th 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
StlnGk t1uongh passages are deleted.
Underlined passages are added.
2007-0-12
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 18th day
of June, 2007 under Agenda Item No. 7_.
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THE PERFORMANCEGROUP SCAl.[, ,. - 10' JOSEPH H. HOPKINS. P.t. NO. ."059 NO.
.. DIMENSION PLAN
... ~ UCENSED BUSrNESS CERTIFICATION NO. 7175
:il ...... ~ D<:SIGN[J), ..... fl41 S. BE.ACH ST., DAYTONA BEACH, FL 32114
I 0 TElEPHONE: (386) 2.39 71615 fAX: (3M) 239 7120
Q 0 to DRAWN: OJ
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OVIL ENGINEERlNC PLANNING: OOIElOPWElIT DA'IE: 3/7/07 NOT RELEASED FOR CONSTRUCTION
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.. 7 ..... PER CIlY COUMENTS
~.b,
AGENDA REQUEST
Date: Mav 23,2007
PUBLIC
HEARING June 4, 2007
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Tom Valley, requesting Preliminary Plat approval for a 130-unit townhouse community to be known as
Edgewater Oaks.
OWNER: PC Capital LLC
APPLICANT/AGENT: Tom Valley
REQUESTED ACTION: Preliminary Plat approval for a 130-unit townhouse community to be known as
Edgewater Oaks.
PROPOSED USE: Townhome complex
LOCATION: East of Old County Road, north of Pearl Street.
AREA: 13.6:l: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Medium Density Residential and High Density Residential
ZONING DISTRICT: R-4 (Multi-Family Residential) and R-5 (Multi-Family Residential)
VOTING DISTRICT: I
SURROUNDING AREA:
Current Land Use FLUM Desi!!nation Zonin!! District
North Single Family Industrial and High Density I-I (Light Industrial) and R-5
Residential and Residential (Multi-Family Residential)
Vacant
East Multi-Family High Density Residential and R-5 (Multi-Family Residential)
Residential and Commercial and B-3 (Highway Commercial)
Medical Office
South Single Family Commercial B-3 (Highway Commercial)
Residential
West Vacant Industrial I-I (Light Industrial)
Background
This property is located west of US Highway I and north of Pearl Street. The applicant is proposing to
develop a 130-unit townhouse community. The development will include 60% open space, a tot lot and
other amenities for the use of the residents.
50-0702 - Edgewaler Oaks
At their regular meeting of May 9,2007 the Planning and Zoning Board voted 6-0 to send a favorable
recommendation to City Council for this request.
Land Use Compatibility
The proposed use is compatible with the High Density Residential and proposed Medium Density Residential
Future Land Use designations existing on the majority of the property.
Adequate Public Facilities
The site shall have access from US Highway I.
City water and sewer are available to this site, however depending on the flow projections for sewer; the lift
station may require upgrading.
Natural Environment
An environmental study shall be required and approved by the City prior to any development.
Comprehensive Plan Consistency
Per Table III-I of the Land Development Code, the R-4 (Multi-Family Residential) zoning district IS
compatible with the Medium Density Future Land Use designation.
Other Matters
Stormwater in this area is a concern as some flooding downstream from this parcel already occurs.
Additionally, a major canal flows directly through this parcel form the south to the north. Appropriate
stormwater permits and accommodations shall be provided prior to anyon-site development.
STAFF RECOMMENDATION
Staff recommends sending a favorable recommendation to City Council for preliminary plat approval of
Edgewater Oaks 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 preliminary plat of Edgewater Oaks based on the condition that prior to the issuance ofa
Development Order, all comments from City staff are satisfactorily addressed.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~.
. . J ).4 ~ C'J<
Robin Matusick "-
Paralegal
SO-0702 - Edgewater Oaks
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erA:
AGENDA REQUEST
Date: May 18, 2007
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
06/04/2007
ITEM DESCRIPTION:
Work Order #2005-07
Quentin L. Hampton Associates, Inc. ("QLH")
Engineering Services Proposal -ParkTowne Industrial Center
Rowan Way and Base Leg Drive
BACKGROUND:
The City of Edgewater is bidding Base Leg Drive and Rowan Way in the ParkTowne Industrial
Center. These Projects include roadway, water lines, sewer lines, lift station and bridge construction.
Quentin L. Hampton Associates, Inc. ("QLH~') has proposes to provide the following Services to the
City at the fees indicated herein.
Bidding Assistance
Printing Allowance
Biological/Ecological Allowance
Survey Allowance
TOTAL ESTIMATED FEES:
$11,400.00
2,000.00
2,800.00
3,600.00
$19,800.00
ST AFF RECOMMENDATION:
Staff recommends accepting the engineering proposal from QLH for services relating Base Leg
Drive and Rowan Way in ParkTowne Industrial Center at an estimated fee of $19,800.00 and
execution of Work Order #2005-07.
ACTION REQUESTED:
Motion to approve Work Order #2005-07 and authorize execution by the City Manager.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
Concurrence:
~~\\lW~
Terry Wadsworth
Director of Environmental Services
~~.
Robin L. Matusick ~
Paralegal
6~
City Manager
rIm
WORK ORDER NO. 2005-07
P.O. #004701
AGREEMENT FOR ENGINEERING SERVICES
QUENTIN L. HAMPTON ASSOCIATES, INC.
PROJECT: Rowan Way & Base Leg Drive - Bidding Process Phase
CITY: Edgewater, Florida
DESIGN
PROFESSIONAL: Quentin L. Hampton Associates, Inc.
Execution of Work Order Number 2005-07 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 sixty (60) days.
COMPENSATION:
The fee for these services are at an estimated amount of nineteen thousand eight hundred and
00/1 00 dollars ($19,800.00). The listed amount for services does not include the construction phase
of the project. Each invoice shall also be accompanied by a written concurrence from the Director
of Environmental Services.
(Agreement/QuentinHampton_ W orkOrder#200 5-07)
r'
Dated:
WITNESSES:
(AgreementJQuentinHampton- WorkOrder#2005-07) 2
CITY OF EDGEW A TER, FLORIDA
By:
Jon C. Williams
City Manager
QUENTIN L. HAMPTON
ASSOCIATES, INC.
By:
Mark A. Hampton, P.E.
President
Dated:
.E I.
. RICHARD W. FERNANDEZ, P.E,
MARK A. HAMPTON, P.E.
BRAD T. BLAIS, P.E.
DAVID A. KING, RE.
'ANDREW M. GIANNINI, P.E.
Quentin L. Hampton Associates, Inc.
Consulting Engineers
p.o. DRAWER 290247
PORT ORANGE, FLORIDA 32129-0247
TELEPHONE
386/761-6810
FAX # 386/761-3977
Email: qlha@qlha.com
March 12, 2007
RECEIVEr
Malecia Williams
City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
MAY 1 7 2UO?
CITY ATTORNEY
RE: P ARKTOWNE INDUSTRIAL CENTER-
ROWAN WAY AND BASE LEG DRIVE
FEE ESTIMATE FOR ENGINEERING SERVICES
Dear'Miss Williams:
We appreciate the opportunity to offer this fee estimate for the above referenced project. Quentin L.
Hampton Associates, Inc. (QLH) is well qualified to provide the City with these services. Our firm
has completed many of these types of projects over the last several years.
The attached Scope of Services describes in detail the services which we understand is required and
intend to provide for the bidding phase of this project. The,fee estimate is also attached and is in
conformance with the payment schedule in our continuing services agreement. Construction Phase
services are to be included in a future separate proposal. '
We look forward to the opportunity to serve the City of Edgewater on this project. If you have any
questions or require further information, please contact me.
SiVnerel :ln~
QUE IN!JtL: _,ON ASSOCIATES, ~...
"~ '
David A. King, P.E. Mark A. Hampton, P.E,
Project Manager President
DAK/MAH:el
Enclosures: Scope of Services and Fee Proposal
cc: QLH File Array
Parktowne Rowan Way proposal cover elParktowne Rowan Way proposal cover el
SCOPE OF SERVICES AND FEE PROPOSAL
P ARKTOWNE INDUSTRIAL CENTER
ROWAN WAY AND BASE LEG DRIVE
CITY OF EDGEW A TER, FLORIDA
FEE ESTIMATE FOR ENGINEERING SERVICES
GENERAL
This Scope of Services and Fee Estimate is in conformance with the Continuing Services Agreement
between the City of Edgewater (City) and Quentin L. Hampton Associates, Inc (QLH) that was executed in
October 2005.
TASK 1 - PRELIMINARY DESIGN PHASE
No service required.
TASK 2 - FINAL DESIGN PHASE
No service required.
TASK 3 - BIDDING PHASE
Contract Documents: QLH will assemble contract documents including construction plans; general and
technical specifications; and bidding/contract documents using the previous documents prepared by Gierok
Engineering. QLH will also prepare a revised construction cost estimate along with this work.
Advertisement: QLH will assist the City in the advertisement for bids. QLH will provide the City the
documents for the City distribute copies of the project documents to bidders. QLH will answer questions
from bidders, issue addendums as necessary, attend pre-bid conference and attend the bid opening.
Bid Evaluation: QLH will evaluate all submitted bids for accuracy/completeness and prepare bid
tabulations. The qualifications of the low bidder(s) will be evaluated. This work also includes the
evaluation of any alternate bid work or materials. QLH will deliver the bid tabulations and Recommendation
of Award letters to the City.
Biological/Ecological: QLH will utilize Biological Consulting Service Inc (BCl) of New Smyrna Beach to
provide services as needed for gopher tortoise survey and permitting. If the City previously acquired a take
permit for gopher tortoises on the project area, no additional work is required. If no permit or a relocate
permit was acquired, a re-survey and permit modification may be required due to the time that has elapsed
since the last survey.
Survey: QLH will utilize Honeycutt and Associates lnc (HAl) to provide control survey and
monurnentation work that may be required to delineate the parcels/right-of-ways and to provide the required
control for the construction of the improvements.
TASK 4 - CONSTRUCTION PHASE
QLH will propose construction phase services under a future, separate proposal.
Estimated Fees: QLH will complete task for the following fees:
I -------.---------,------------...--..-.-----------.-~-.--------
Task 3 - Bidding I
I ---....---------------.-------...------ r.--------------.---..-------------.---------.-
Bidding Assistance: $11,400
I -----------.---.--.--,-----------------.-----------
Printing Allowance: $2,000 I
I BiologicallEcological Allowance: $2,800 ---- r---------------------------
I Survey Allowance: $3,600 I ------------
I TOTAL ESTIMATED FEES ,---- $19,800
· =~_--1i1~""~ '='~'2!ii~~.I!'im..:~f...l.. -~~D~
.Parktowne Rowan Way proposal elParktowne Rowan Way nrono<"1 01
P.O. #004701
WORK ORDER NO. 2005-07
AGREEMENT FOR ENGINEERING SERVICES
QUENTIN L. HAMPTON ASSOCIATES, INC.
PROJECT:
Rowan Way & Base Leg Drive - Bidding Process Phase
CITY:
Edgewater, Florida
DESIGN
PROFESSIONAL: Quentin L. Hampton Associates, Inc.
Execution of Work Order Number 2005-07 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 sixty (60) days.
COMPENSATION:
The fee for these services are at an estimated amount of nineteen thousand eight hundred and
00/1 00 dollars ($19,800.00). The listed amount for services does not include the construction phase
of the project. Each invoice shall also be accompanied by a written concurrence from the Director
of Environmental Services.
(Agreement/QuentinHampton- W orkOrder#200 5-07)
Dated:
WITNESSES:
YJt{U[~;) Vt6L /~
~~JL
(Agreement/QuentinHampton- W orkOrder#2005-07)
CITY OF EDGEW A TER, FLORIDA
By:
Jon C. Williams
City Manager
QUENTIN L. HAMPTON
ASSOCIATES, INC.
By:--1!:HdJ:.., P.E.
President
Dated:
0-- }3-0''J
2
.. Co'
.. RICHARG W. FERNANDEZ. PE.
MARK A. HAMPTON. RE.
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 ORANGE, FLORIDA 32129-0247
TELEPHONE
3861761-6810
FAX # 3861761-3977
Email: qlha@qlha.com
March 12, 2007
RECEIVEr
Malecia Williams
City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
MAY 1 7 2UU?
CITY ATTORNEY
RE: P ARKTOWNE INDUSTRIAL CENTER-
ROWAN WAY AND BASE LEG DRIVE
FEE ESTIMATE FOR ENGINEERING SERVICES
Dear Miss Williams:
We appreciate the opportunity to offer this fee estimate for the above referenced project. Quentin L.
Hampton Associates, Inc. (QLH) is well qualified to provide the City with these services. Our firm
has completed many of these types of projects over the last several years.
The attached Scope of Services describes in detail the services which we understand is required and
intend to provide for the bidding phase of this project. The fee estimate is also attached and is in
conformance with the payment schedule in our continuing services agreement. Construction Phase
services are to be included in a future separate proposal.
We look forward to the opportunity to serve the City of Edgewater on this project. If you have any
questions or require further information, please contact me.
Si~~ M~
Qv~ _,ON ASSOCIATES, IN~
David A. King, P .E. Mark A. Hampton, P .E.
Project Manager President
DAKJMAH:el
Enclosures: Scope of Services and Fee Proposal
cc: QLH File Array
Parktowne Rowan Way proposal cover elParktoWne Rowan Way proposal cover eI
SCOPE OF SERVICES AND FEE PROPOSAL
P ARKTOWNE INDUSTRIAL CENTER
ROWAN WAY AND BASE LEG DRIVE
CITY OF EDGEW A TER, FLORIDA
FEE ESTIMATE FOR ENGINEERING SERVICES
GENERAL
This Scope of Services and Fee Estimate is in conformance with the Continuing Services Agreement
between the City of Edgewater (City) and Quentin L. Hampton Associates, Inc (QLH) that was executed in
October 2005.
TASK 1 - PRELIMINARY DESIGN PHASE
No service required.
TASK 2 - FINAL DESIGN PHASE
No service required.
TASK 3 - BIDDING PHASE
Contract Documents: QLH will assemble contract documents including construction plans; general and
technical specifications; and bidding/contract documents using the previous documents prepared by Gierok
Engineering. QLH will also prepare a revised construction cost estimate along with this work.
Advertisement: QLH will assist the City in the advertisement for bids. QLH will provide the City the
documents for the City distribute copies of the project documents to bidders. QLH will answer questions
from bidders, issue addendums as necessary, attend pre-bid conference and attend the bid opening.
Bid Evaluation: QLH will evaluate all submitted bids for accuracy/completeness and prepare bid
tabulations. The qualifications of the low bidder(s) will be evaluated. This work also includes the
evaluation of any alternate bid work or materials. QLH will deliver the bid tabulations and Recommendation
of A ward letters to the City.
Biological/Ecological: QLH will utilize Biological Consulting Service Inc (BCI) of New Smyrna Beach to
provide services as needed for gopher tortoise survey and permitting. Ifthe City previously acquired a take
permit for gopher tortoises on the project area, no additional work is required. If no permit or a relocate
permit was acquired, a re-survey and permit modification may be required due to the time that has elapsed
since the last survey.
Survey: QLH will utilize Honeycutt and Associates Inc (HAl) to provide control survey and
monumentation work that may be required to delineate the parcels/right-of-ways and to provide the required
control for the construction of the improvements.
TASK 4 - CONSTRUCTION PHASE
QLH will propose construction phase services under a future, separate proposal.
Estimated Fees: QLH will complete task for the following fees:
I 1------------------------------------------
Task 3 - Bidding .
I .. . ---..-.----------_______________.._______1_________..____._----------------------------
BIddmg ASSIstance: $11,400',
I -------------,----------..----------------------
Printing Allowance: $2,000 I
r Biological/Ecological Allowance: $2,800 1----------------------------
I Survey Allowance: $3,600 ----I ==-==== I
l.'HM ...____'- TO~A~~STI~:~:ES I~ _ _~
Parktowne Rowan Way proposal elParktowne Rowan Way proposal el
q.ro.
AGENDA REQUEST
Date: Mav 25. 2007
PUBLIC
HEARING
RESOLUTION
ORDINANCE
OTHER
BUSINESS
x
BOARD APPOINTMENT
CONSENT
ITEM DESCRIPTION:
Discussion to advise Council on the Animal Shelter's current status and possible solutions.
Different options to be presented for Council's review.
BACKGROUND:
The Animal Shelter is currently under the direction of the Police Department. The Pet Society
volunteers are providing assistance in caring for the animals, maintenance, and donations for pet
food. The City is paying day laborers to assist in daily operations also. The Chief would like to
provide Council with different options and possible solutions to operate the shelter.
STAFF RECOMMENDATION:
Staff recommends that there will be discussion to move forward.
ACTION REQUESTED:
To allow discussion.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~<Zl...~
John Taves, Police Chief
C!Ao~~~J\
Robin Matusick "-
Par egal
q.C- .
AGENDA REQUEST
C.A. #2007-057
Date: May 29 , 2007
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS 06/0412007
ITEM DESCRIPTION:
New Position -
Assistant to the City Manager/Special Project Coordinator.
BACKGROUND:
Since October 2002, the duties of the CRA/Grant Administrator and Assistant City Manager have
been two separate positions within the City. It has been determined that due to re-organization/re-
engineering within the City, these two positions are being combined to create a single position. The
new position will encompass the job duties of both positions.
The estimated annual salary for new position is $47,000.00 with the potential of a not-to-exceed
amount of a $10,000.00 bonus; including benefits, the total cost will be approximately $88,581.00.
The new position will provide a net savings to the City of$117,799.00.
Once Council approves the new position, the City will seek applicants for Assistant to the City
Manager/Special Project Coordinator.
STAFF RECOMMENDATION:
Staff recommends approval for the creation of a new position: Assistant to the City Manager/Special
Project Coordinator.
ACTION REQUESTED:
Motion to approve the new position of Assistant to the City Manager/Special Project Coordinator
and addition to the City's "Position Classification Groupings".
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
-~~7f
Donna Looney
Personnel Director
Concurrence:
~.
. F A~J<
Robin L. Matusick "-
Paralegal
10n C. Williams
City Manager
rlm
CITY OF EDGEWATER
JOB DESCRIPTION
POSITION TITLE:
CLASSIFICATION:
FLSA: Exempt
Assistant to the City Manager/Special Projects Coordinator DEPARTMENT: City Manager
Administrative Official SALARY RANGE: Contract
GENERAL SUMMARY
Under very limited supervision, performs complex administrative, program and analysis work in support of special
projects/activities and functions in the City Manager's Office to provide the community with a broad range of services;
makes recommendations and assists in policy and procedure implementation; acts as the City's Public Information
Officer; serves as the advisor to the City Manager regarding matters related to the administration of the City and ensures
execution of directives from the City Manager.
PRIMARY DUTIES AND RESPONSIBILITIES: (all duties may not be performed by all
incumbents)
Represents the City Manager as assigned; meets the public, business, professional and industry groups; resolves
complaints; prepares and delivers talks; attends meetings and conferences. Assists the City Manager in keeping City
Council members informed and updated
Assists or leads special projects, tasks, and assignments that are priorities for the City Manager
Conducts research and analyzes a wide variety of technical and complex public policy and administrative issues
Reviews grant proposals from departments
Monitors and analyzes pending Federal and State legislation affecting the City
Serves as Public Information Officer, providing information to the public and interacting with media on issues pertaining
to the functions and issues of the City, prepares and distributes press releases and media advisories
Performs the duties, as assigned, of the City Manager in his absence
Coordinates, directs and plans daily work routines within the City Manager's department. Oversees administrative
procedures and processes for assigned area
Reviews, coordinates and prepares agendas for all City Council meetings; may attend City Council meetings, taking notes
for use by the City Manager
Assists City Manager with follow-up assignments from City Council meetings, providing written and oral direction of
City Manager to appropriate staff, and a variety of organizing, expending and negotiating activities
Reviews all incoming communications to the City Manager, drafts directions and requests to the proper staff and advise
the City Manager as appropriate
Maintains the City Managers calendar and schedules various appointments at own discretion, makes travel arrangements
Makes arrangements for conferences with the City Manager, including time, place and space; informs participants of
topics to be discussed and provides them with background information when applicable
Promotes good public relations in dealing respectfully with the public, City Officials, employees and other individuals
and groups in the activities of the department
Serve as Essential Personnel in Emergency Preparedness, Response and Recovery Functions. May be required to
work in the City and/or County Emergency Operations Center throughout the entire storm or other emergency event
Assistant to the City Manager/Special Projects Coordinator
JOB SPECIFICATIONS
Education and Experience:
Equivalent to a Bachelor's Degree trom and accredited college or university in Business or Public Administration,
Political Science or closely related field is desirable
Any recent vocational education/training such as academic courses and certifications programs which are relevant to this
job classification
Extensive experience in City or local government and/or business management required
Valid Florida driver's license required
Any equivalent combination of training and experience that provides the required knowledge, skills and abilities
KNOWLEDGE
Must have the knowledge of:
City ordinances, codes, enforcement procedures and regulations as they pertain to the duties and responsibilities of the
department
Departmental policies and procedures
Methods, practices and procedures for organization and functions of City government
Principals of effective management and supervision
Computer operating systems and department related programs
Certification requirements for this position and for assigned personnel
Equipment, machinery, tools and agents used in the performance of duties
The operation, maintenance, limitations and safety precautions for all activities
The records and reports, which must be prepared and maintained
The layout of the City as necessary to conduct work
SKILLS/EFFORT
Must have the ability to:
Interpret and apply ordinances, codes, procedures and regulations pertaining to all departmental responsibilities
Manage multiple issues and projects
Organize, prioritize and complete job tasks
Maintain required licenses and/or certifications
Ensure all functions within the department are performed in a safe and effective manner
Use independent judgment and discretion in the performance of duties and maintain the integrity of confidential
information
Supervise and delegate responsibilities to assigned personnel
Work under a degree of stress related to duties that require significant responsibility
Establish and maintain effective working relationships with all individuals involved in the activities of the department
Assistant to the City Manager/Special Projects Coordinator
Environmental Conditions:
Office environment with significant exposure to computer operations
Exposure to environmental conditions is limited
Physical exertion in lifting/moving items weighing up to 25 pounds
Occasional travel is required
Occasional overnight travel is required
Other physical/mental requirements may apply
Supervisory/Budget Authority:
Supervises departmental personnel
Responsible for preparing and operating within departmental budget
DISCLAIMER STATEMENT
Thisjob description is not intended as complete listing of job duties. The incumbent is responsible for the performance
of other related duties as assigned/required. The physical demands described herein are representative ofthose that must
be met to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable
qualified individuals with disabilities to perform the essential functions.
ApPROVAL OF ASSISTANT TO THE CITY MANAGER/SPECIAL PROJECT COORDINATOR'S JOB DESCRIPTION
CITY MANAGER
PERSONNEL DIRECTOR
DATE
Assistant to the City Manager/Special Projects Coordinator
TENTATIVE AGENDA ITEMS
ID. C". I)
JUNE 9 - Saturday - Town Hall Meeting Workshop - 11:00 am till (open discussion re: current level of
services being provided)
JUNE 18 (items due Thur 6/07)
1) pI R, Ord #2007-0-_, Massey - rezoning (airport area)
2) 2nd R, Ord #2007 -0-, Trey Harshaw rezoning of.46 acres located @ 1830 Orange Tree as RP (Residential
Professional) (RZ-0702)
3) pI R, Ord #2007-0-_, amendment to LDC to include Article XIX (Adult Entertainment)
4) 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) pI R 517. Item 7F (2nd reading cont from 06/04 cc mtg)
JULY 2 (items due Thur 6/21)
1) 2nd, Ord #2007-0-_, amendment to LDC to include Article XIX (Adult Entertainment)
2) 2nd R, Ord #2007-0-_, Massey - rezoning (airport area)
3) Award of Park Towne Road RFP (award has to be done by July 18th per RFP documents)
JUL 16 move to July30 per Council
JULY 27 - Fri. 9am to 5pm - Budget Work Session all funds
JULY 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 R-3 (Single-Family Residential (RZ-0616) 1 R 4/16
5) 151 R, Ord #2007-0-, Washington Park rezoning
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)
1) 2nd R, Ord #2007-0-, Washington Park rezoning
SEPT 2 Mtg - LABOR DAY - Reschedule
SEPT 17 (items due Thurs 09/06)
OCT 1 (items due Thurs 09/20)
OCT 15 (items due Thurs 10/04)
NOV 5 (items due Thurs 10/25)
NOV 19 (items due Thurs 11/08)
1:\Iiz_ docs\outlines\aitems061807
Rev. 5/30/07
DEC 3 (items due Thurs 11/22)
DEC 17 (items due Thurs 12/06)
JAN 7 (items due Thurs 12/27)
JAN 21 (items due Thurs 01/10)
UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPART APPS RECEIVED
1) Massey - annexation (AN--->
2) Water/Rec1aimed Site -lg scale comp plan amend & rezoning
3) SeaGate - Edgewater Lakes Phase II PUD Agreement
4) Restoration 442 DR! -- approx 5,000 acres
5) SeaGate - Edgewater Lakes, Phase IB & IC - amendment to PUD
6) Coastal Oaks - Haynes sm scale comp plan amend
7) Rezoning, Jones/Putnam - 1 acre @ 1155 Old Mission Road (RZ-05l5)
8) Rezoning, Jones/ ASD Properties - 110.66 acres - PUD (RZ-0508)
9) Hickey Residential (RZ-0505)
10) 2nd R, Ord #2006-0-17, Carder/Falcon rezoning, (RZ-0519) .24:1:: acres s/w corner of Falcon Avenue &
Mariners Gate Court as R-4 (Multi-Family Residential) cont from 6/19, 6B
11) pI R, Ord. #2007-0-, 442 rezonings
12) 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\aitems06 1807
Rev. 5/30/07
$
~~
INTER-OFFICE MEMORANDUM
EDGEW A TER, FLORIDA
TO:
Mayor & Council n . J
Jon C. Williams ~'
City Manager
FROM:
c.A. NO.:
2007-058
DATE:
May 30, 2007
SUBJECT:
City Council Meetings
Based on recent experiences and conduct being displayed during our City Council meetings, it seems
a perfect time to remind Council and individuals who address members of the council during
public participation of language contained in Resolution 94-R-OI where Council re-established
certain requirements during Council proceedings.
Attached is a copy of the above-mentioned resolution where it addresses establishing Council
proceedings, regular meeting times, meeting place, responsibilities of the presiding officer, order of
business, rules of debate, procedure for addressing the Council, acceptable decorum, the use of
Robert's Rules of Order, and the effect of a motion for adjournment that Council should be aware
of. The following excerpts are some items of notice:
Section 3. Presiding Officer.
(b) The presiding officer shall preserve strict order and decorum at all regular and special
meetings of the Council. He shall state every question coming before the Council, announce the
decision of the Council on all subjects and decide all questions of order, subject however to an
appeal to the Council, in which event, a majority vote of the Council shall govern and conclusively
determine such question of order. The presiding officer shall vote on all questions and sign all
ordinances and resolutions adopted by the Council.
Section 5. Rules of debate.
(a) Presiding officer may debate and vote. The presiding officer shall have a voice and
vote in the proceedings, subject only to such limitations of debate as are by these rules imposed on
all Councilmembers and shall not be deprived of any of the rights and privileges of a Councilmember
by reason of his acting as the presiding officer.
(b) Getting the floor, improper references. If any Councilmember, the City Attorney or
the City Manager desires to speak, he shall be recognized by the presiding officer first, except that
any Councilmember, once recognized, may join in a free exchange of ideas and opinions with other
Councilmembers without interruption from the chair. Comments shall be confined to the question
under debate, avoiding all personalities, indecorous language, and irrelevant matters.
( c) Interruptions. A Councilmember once recognized shall not be interrupted when
speaking unless it be to call him to order or as herein otherwise provided. If a Councilmember while
speaking is called to order, he shall cease s peaking until the question of order is determined, and if
in order, he shall be permitted to proceed.
Section 6. Addressing the Council.
Any person desiring to address the Council shall first be recognized by the presiding officer.
He shall then step up to the podium, give his name and address in an audible tone of voice for the
record, and unless further time is granted by the Council, limit his address to three (3) minutes. All
remarks shall be addressed to the Council as a body and not to any Councilmember individually.
No person, other than a member of the Council and the person having the floor shall be permitted
to enter into any discussion. No question s hall be asked a Councilmember except through the
presiding officer.
:.-
, .
~
.",
RESOLUTION. NO. 94-R-Ol
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, ESTABLISHING COUNCIL
PROCEEDINGS; ESTABLISHING REGULAR MEETING
TIMES, THE MEETING PLACE, RESPONSIBILITIES OF
THE PRESIDING OFFICER, THE ORDER OF BUSINESS,
RULES OF DEBATE, THE PROCEDURE FOR ADDRESSING
THE COUNCIL, ACCEPTABLE DECORUM, THE USE OF
ROBERT'S RULES OF ORDER, AND THE EFFECT OF A
MOTION FOR ADJOURNMENT; REPEALING RESOLUTIONS
IN CONFLICT HEREWITH AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. As the result of the adoption of the new City Charter in
1992, certain sections of Article II. Council Proceedings of
Chapter 2. Administration of the Code of Ordinances now conflict
with or duplicate provisions of the Charter.
2. Section 3.11(b) of the Charter authorizes the City Council
to determine its own rules and order of business except that the
agenda for regular council meetings shall include
"citizen
Comments" at the beginning and directly prior to adjournment.
3. The establishment of Council proceedings through an
ordinance limits the ability of the City Council to adjust these
procedures to serve the best interests of the public.
4.
Section
166.041(1) (b),
Florida Statutes defines
"resolution" as an expression of a governing body concerning
matters of administration, an expression of a temporary character,
or a provision for the disposition of a particular item of the
administrative business of the governing body.
5. Article II of Chapter 2 of the Code of Ordinances has been
repealed in its entirety.
6. It is in the best interest of the citizens of Edgewater
that Council proceedings consistent with the Charter and current
practices of the City be reestablished in this resolution.
NOW THEREFORE, BE IT ENACTED by the City Council of the City
of Edgewater, Florida:
Section 1. Regular meeting times.
The City Council shall hold regular City Council meetings on
94-R-Ol
1
'.
,.
'-'"
.",
the first and third Monday of each month at 7:00 p.m. If the first
or third Monday falls on a holiday recognized by the City, then the
regular meeting shall be either canceled or rescheduled as
determined by the City Council.
Section 2. Meeting places.
Meetings of the Council shall be held in the Community Center
unless another location is designated by the Council.
Section 3. Presiding officer.
(a) The presiding officer of the Council shall be the Mayor.
The Vice Mayor shall act as Mayor during the absence or disability
of the Mayor. At the first Council meeting after each regular City
election, the Council shall elect one of its members as Vice Mayor.
(b) The presiding officer shall preserve strict order and
decorum at all regular and special meetings of the Council. He
shall state every question coming before the Council, announce the
decision of the Council on all subjects and decide all questions of
order, subject however to an appeal to the Council, in which event,
a majority vote of the Council shall govern and conclusively
determine such question of order. The presiding officer shall vote
on all questions and sign all ordinances and resolutions adopted by
the Council.
(c) The presiding officer shall call the Council to order
precisely at the hour appointed for the meeting.
Section 4. Order of Business.
The business of the Council shall be taken up for
consideration and disposition in the following order:
(1) Call to order, roll call, invocation, pledge of
allegiance.
(2) Approval of minutes.
(3) Citizen comments.
(4) Council/officer reports
City Attorney
City Manager
City Council
(5) Consent agenda.
Items on the consent agenda are defined as routine nature
that do not warrant detailed discussion or individual
94-R-Ol
2
....
..,
. .
action by the Council; therefore, all items remaining on
the consent agenda shall be approved and adopted by a
single motion, second, and vote by the City Council.
Items on the consent agenda are not subject to
discussion. One of the most basic rules of a consent
agenda is that any member of the City Council may remove
any item from the consent agenda simply by verbal request
at the City Council meeting. Removing an item from the
consent agenda would not require a motion, second, or a
vote; it would simply be a unilateral request of an
individual Councilmember.
(6) New business.
(7) Ordinances, public hearing, and resolutions.
First reading.
Second reading.
(8) Unfinished business.
(9) Council/officers reports.
City Attorney.
City Manager.
City Council.
(10) Questions from press.
(11) Citizen comments.
(12) Adjourn.
Section 5. Rules of debate.
(a) Presiding officer may debate and vote.
The presiding
officer shall have a voice and vote in the proceedings, subject
only to such limitations of debate as are by these rules imposed on
all Councilmembers and shall not be deprived of any of the rights
and privileges of a Councilmernber by reason of his acting as the
presiding officer.
(b) Getting the floor, improper references.
If any
Councilmember, the City Attorney or the City Manager desires to
speak, he shall be recognized by the presiding officer first,
except that any Councilmember, once recognized, may join in a free
exchange of ideas and opinions with other Councilmembers without
interruption from the chair.
Comments shall be confined to the
question under debate, avoiding all personalities, indecorous
language, and irrelevant matters.
(c) Interruptions. A Counci1mernber once recogni zed shall not
be interrupted when speaking unless it be to call him to order or
as herein otherwise provided. If a Councilmember while speaking is
called to order, he shall cease speaking until the question of
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order is determined, and if in order, he shall be permitted to
proceed.
(d) Privilege of closing debate. The Councilmember moving
the adoption of an ordinance or resolution shall have the privilege
of closing the debate.
Section 6. Addressing the Council.
Any person desiring to address the Council shall first be
recognized by the presiding officer. He shall then step up to the
podium, give his name and address in an audible tone of voice for
the record, and unless further time is granted by the Council,
limi t his address to three (3) minutes. All remarks shall be
addressed to the Council as a body and not to any Councilmember
individually. No person, other than a member of the Council and
the person having the floor shall be permitted to enter into any
discussion. No question shall be asked a Councilmember except
through the presiding officer.
Section 7. Decorum.
(a) While the Council is in session, the Councilmembers must
preserve order and decorum. A member shall neither by conversation
or otherwise, delay or interrupt the proceedings or the peace of
the councilor disturb any Councilmember while speaking or refuse
to obey the orders of the Councilor its presiding officer, except
as otherwise herein provided.
(b) Any person making personal, impertinent, or slanderous
remarks or who becomes boisterous while addressing the Council
shall be removed from the meeting.
Section 8. Robert's Rules of Order.
Robert's Rules of Order, as revised from time to time, are
hereby designated and established as supplementary rules of
procedure to govern the conduct of meetings of the City Council,
when said Robert's Rules of Order are not in conflict with any
charter provision, ordinance or other procedure established by the
City Council.
Section 9. Adjournment.
A motion to adjourn shall always be in order and decided
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without debate.
Section 10.
All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 11.
This resolution shall take effect upon
adoption.
After Motion by Councilman Hays and Second by Councilwoman
Martin, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 24th day of January, 1994.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
b~
Susan J. adsworth
City Clerk
APPROVED FOR FORM & CORRECTNESS:
~~ J{. }1-Nvv
Krist A. Storey Q
City Attorney
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