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02-13-2008 CITY OF EDGEWATER PLANNING AND ZONING BOARD INFORMATION SUMMARY CASE # VA-0713 OWNER: Ronald E and Mary E Barringer Revocable Trust and James Boren Properties, LLC APPLICANT/AGENT: James Boren REQUESTED ACTION: Applicant is requesting a variance from the City of Edgewater Land Development Code Article V, Section 21-52.02(a) - Access/Driveways, which states "prior to issuance of a building permit, all parcels, lots or new development shall have access to an improved public road or private road". PROPOSED USE: The applicants wish to have commercial construction with access to Old County Road, which is an unimproved roadway, on their lots. LOCATION: N. Old County Road - PID # 7452-01-00-0260 (approximately 331 feet north of Park Avenue) CURRENT LAND USE: Vacant FLUM DESIGNATION: Commercial ZONING DISTRICT: B-3 (Highway Commercial) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Mini- Commercial B-3 (Highway Commercial) warehouse/Storage Facility East Vacant/undeveloped Commercial B-3 (Highway Commercial) South Vacant/undeveloped Commercial B-3 (Highway Commercial) West Vacant/undeveloped Industrial I-I (Light Industrial) Background: The applicant is seeking relief from the requirement that all new construction have access to an improved road. Other proposed projects are in the process of completing road improvement in order to meet this requirement including, but not limited to Frosty King (Community Drive) and Dean Boyz Auto Repair (Railroad Avenue). Land Use Compatibility: Commercial use is compatible with the surrounding commercial and industrial uses. Adequate Public Facilities: This site is served by the City's water and sewer service area and has access to unpaved N. Old County Road. Created on 12/14/2007 12:26 PM Natural Environment: The applicant has not submitted a proposed site plan. This issue would be addressed during the site plan approval process. Comprehensive Plan Consistency The Comprehensive Plan does not address this issue Other Matters: Staff has received a written objection from one surrounding property owners. Property owners within a 300' radius are required to be notified of a variance request. Per the City of Edgewater Land Development Code Section 21-10.04, in order to grant a non administrative variance, the P&ZB shall make the following findings of fact: 1. That granting of the proposed variance is not in conflict with the Comprehensive Plan; 2. That granting of the proposed variance will not result in creating or continuing a use which is not compatible with adjacent uses in the area; 3. That granting of the proposed variance is the minimum action available to permit reasonable use of the property; 4. That the physical characteristics of the subject site are unique and not present on adjacent sites; and 5. That the circumstances creating the need for the variance are not the result of actions by the applicant, or actions proposed by the applicant. STAFF RECOMMENDATION: Staff recommends denial of the variance request from the City of Edgewater Land Development Code: . Section 21-52.02(a) - AccesslDriveways, "Prior to issuance of a building permit, all parcels, lots or new development shall have access to an improved public road or private road"; for the purpose of construction a commercial structure without access to an improved road. MOTION: Motion to deny the following variance request from the City of Edgewater Land Development Code: . Section 21-52.02(a) - AccesslDriveways, "Prior to issuance of a building permit, all parcels, lots or new development shall have access to an improved public road or private road"; for the purpose of construction a commercial structure without access to an improved road. Created on 12/1412007 12:26 PM - ~ ~ Cll 0 c. J!l 0 (jj ~ .c Z~ "E Q. u E :::i Cll ::J ~ :c "- to u ::l 1Il - ~D ~ \ \- \\ \ \ CITY OF EDGEWATER PLANNING AND ZONING BOARD INFORMATION SUMMARY CASE # VA-0713 OWNER: Robert and Janet Brumbelow APPLICANT/AGENT: Robert and Janet Brumbelow REQUESTED ACTION: Applicants are requesting a variance from the City of Edgewater Land Development Code Article V, Section 21-52.02(a) - Access/Driveways, which states "prior to issuance of a building permit, all parcels, lots or new development shall have access to an improved public road or private road". PROPOSED USE: The applicants wish to have commercial construction with access to Old County Road, which is an unimproved roadway on their lots. LOCATION: N. Old County Road - PID #'s 7452-01-00-0347 and 7452-01-00-0349 (approximately 150 feet north of Park Avenue) CURRENT LAND USE: Vacant FLUM DESIGNATION: Industrial ZONING DISTRICT: I-1- (Light Industrial) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Salvage Yard Ind ustrial I -1 (Light Industrial) East Vacant/undeveloped Commercial B-3 (Highway Commercial) South Residential Industrial I -1 (Light Industrial) West FEC Railroad FEC Railroad FEC Railroad Background: The applicant is proposing to construct a commercial building and is seeking relief from the requirement that all new construction have access to an improved road. Other proposed projects are in the process of completing road improvement in order to meet this requirement including, but not limited to Frosty King (Community Drive) and Dean Boyz Auto Repair (Railroad Avenue). Land Use Compatibility: Industrial use is compatible with the surrounding commercial and industrial uses. Adequate Public Facilities: This site is served by the City's water and sewer service area and has access to unpaved N. Old County Road. Natural Environment: The applicant has not submitted a proposed site plan. This issue would be addressed during the site plan approval process. Created on 12/14/20073:14 PM Comprehensive Plan Consistency The Comprehensive Plan does not address this issue Other Matters: Property owners within a 300' radius are required to be notified of a variance request. Per the City of Edgewater Land Development Code Section 21-10.04, in order to grant a non administrative variance, the P&ZB shall make the following findings of fact: 1. That granting of the proposed variance is not in conflict with the Comprehensive Plan; 2. That granting of the proposed variance will not result in creating or continuing a use which is not compatible with adjacent uses in the area; 3. That granting of the proposed variance is the minimum action available to permit reasonable use of the property; 4. That the physical characteristics of the subject site are unique and not present on adjacent sites; and 5. That the circumstances creating the need for the variance are not the result of actions by the applicant, or actions proposed by the applicant. STAFF RECOMMENDATION: Staff recommends denial of the varIance request from the City of Edgewater Land Development Code: . Section 21-52.02(a) - AccessIDriveways, "Prior to issuance of a building permit, all parcels, lots or new development shall have access to an improved public road or private road"; for the purpose of construction a commercial structure without access to an improved road. MOTION: Motion to deny the following variance request from the City of Edgewater Land Development Code: . Section 21-52.02(a) - AccessIDriveways, "Prior to issuance of a building permit, all parcels, lots or new development shall have access to an improved public road or private road"; for the purpose of construction a commercial structure without access to an improved road. Created on 12114/20073: 14 PM ai J!l l5 z~ "E m ~::i ~ U ~ Q) f5- ... D.. tl Q) ;Q' :I en ~[j \\ \ , , " \ \ \, \ '. \. ----~ /~ CITY OF EDGEW A TER PLANNING AND ZONING BOARD INFORMATION SUMMARY CASE # TA-0801 APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Amend Articles II, III, IV, V, VIII, IX, XIX, XVII of the Land Development Code to rename Occupational Licenses to Business Tax Receipts. Background Effective in 2007 the Florida Statutes were amended to modify the name of Occupational Licenses to Business Tax Receipts. Therefore, all references within the Land Development Code are being modified to comply with the Statutes. Other Matters None STAFF RECOMMENDATION Staff recommends sending a favorable recommendation to City Council for the amendment to the Land Development Code amending all references to Occupational License to Business Tax Receipt. MOTION Motion to send a favorable recommendation to City Council for the amendment to the Land Development Code amending all references to Occupational License to Business Tax Receipt. G:\Bonnie\Planning and Zoning Board\Info Summaries\2008\LDC - Business tax receipt.doc BUILDING PERMIT EXPIRATION means every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. One or more extensions of time, for periods not more than 90 days each, may be allowed for the permit. The extension shall be requested in writing and justifiable cause demonstrated. Extensions shall be in writing by the Building Official. BUILDING SETBACK LINE means a line within a lot or other parcel of land so designated on the final plat, between which line and the adjacent boundary of the street or street widening setback line, where applicable, upon which the lot or parcel abuts the erection of a building is prohibited, as prescribed by the zoning ordinance. BULKHEAD LINE means a line established to fix the maximum distance from the shoreline within which filling may occur. BUSINESS TAX RECEIPT means a permit to engage in an activity that requires regulation and all regulated activities must operate from within a permanent structure. CALIPER means the trunk diameter of trees at a predetermined point. CANOPY (FREESTANDING)/TEMPORARY CARPORTS means a rigid supported structure (capable of disassembly) covered with fabric, and supported by columns or posts embedded in the ground and/or attached at other points. Does not include the term carport. cAp ACITY means the availability of a public or private service or facility to accommodate users, expressed in an appropriate unit of measure such as gallons per day or average daily trips. CARTWAY means the actual road surface areas from curb line to curb line or the hard surface road width of the road surface when no curbs are present. CARPORT means an accessory structure or portion of a principal structure consisting of roofed area open on one, two, or three sides and free standing or attached to the main building by support members for storage of one or more vehicle. Does not include the term canopy (freestanding). CAMOUFLAGE COMMUNICATION TOWER means a tower designed to merge and blend into and conform in appearance with existing surroundings. An example of a camouflage communication tower would be one that is constructed in the form and shape of a tree in order to appear to be part a forested area or a tower constructed to appear to be a component of a bell tower or to be or appear to be a component of church steeple in order for the tower to be or appear to be part of these more aesthetically pleasing structures. CANAL means an artificial, primary water conveyance facility with an open channel and usually a wet bottom. Rev. 1-22-07 (Land Development Code) 11-7 NONCONFORMING USE means any use of land, building or structure which does not conform to all of the provisions, requirements and regulations of this Code at the time of adoption. NONCONFORMING SIGN means any sign that was a legal sign prior to adoption of this Code, but which does not conform to all of the requirements of this Code. NONRESIDENTIAL ACTIVITY means any activity occurring on any described parcel of land, whether or not within a structure, that is not a residential activity as defined herein. NON- TRANSIENT NON-COMMUNITY WATER SYSTEM means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year. NUMBER PORT ABILITY means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of qualitY, reliability, or convenience when switching from one telecommunications carrier to another. NUISANCE means an offensive, annoying, unpleasant, or obnoxious object, odor, noise or practice; a cause or source of annoyance, especially a continuing or repeated invasion or disturbance of another's right, including the actual or potential emanation of any physical characteristics of activity or use across a property line, which emanation can be perceived by or affects a .human being. NURSING HOME means a licensed and regulated facility for the aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. OCCUPt.TION.A..L LICENSE means a permit to engage in an activity that requires regulation and all regulated activities must operate from '.vithin a permanent structure. OFFICIAL MAP means the map established by the City Council as amended from time to time showing the streets, highways and parks thereafter laid out, adopted and established by the law and any additions resulting from the approval of subdivision plans or annexations. OPEN SPACE means any parcel or area of land or water set aside, reserved or dedicated for the use and enjoyment of all owners and occupants of the project. Usable common space shall include area(s) readily accessible and generally acceptable for active or passive recreational use. Open space shall not include required setback areas, contain structures, impervious surfaces, or right-of-ways other than those intended for landscape or recreational purposes. Rev. 1-22-07 (Land Development Code) II-24 SECTION 21-33 - USES AND RESTRICTIONS 21-33.01 - Purpose This portion of Article III depicts the permitted, conditional and accessory uses by zoning district using the matrix format. The footnotes in Table III-3 refer to any applicable special criteria for that use in the particular zoning district and are described in Section 21-34 of this Article. If a use is not present in a given square in the matrix, that use is not permitted in that zoning district. Changes to the list of uses, the zoning districts and/or the permitted, conditional or accessory use status of a given land use can only be changed by completing the Land Development Code amendment process described in Article IX. 21-33.02 - Permitted Uses The use depicted as "P" in the matrix (Table III-3) means that it is permissible in that zoning district as a matter of right, subject to satisfactory compliance with the project design standards found in the Land Development Code and any applicable site plan review requirements in the Land Development Code. The list of permitted uses cannot be all inclusive. The uses described in Table III-3 shall be interpreted by the Development Services Director/Planning Director to include other uses that have similar impacts to those listed. Any dispute or request regarding interpretations shall be resolved by the City Manager subject to an appeal to the City Council. All permitted uses or businesses requiring occupational licenses business tax receipts shall operate from within a permanent structure. 21-33.03 - Conditional Uses The use depicted as a "C" in the matrix (Table III-3) means that it is permitted in that zoning district only after satisfactory completion of the conditional use process described in Article IX or the satisfactory completion of a Planned Unit Development. Satisfactory compliance with the applicable project design standards described in Article V and the concurrency requirements described in Article XI must also be achieved prior to commencement of a project. 21-33.04 - Accessory Uses The use depicted as an "A" in the matrix (Table III-3) means a use that is incidental, related, appropriate and clearly subordinate to the existing principle permitted use. Rev 11-07 (LandDevelopmentCode) I1I-6 14. No artificial lights or recreational activity within 25 feet of the perimeter of the property line shall be permitted adjacent to residential property. 15. Places of Worship - Schools/Child Care, see Section 21-36.05 for details. 16. Attached and detached aircraft hangars permitted in residential districts adjacent to airport taxiways. 17. Outside application of flammable finishes and/or environmentally sensitive finishes (spray painting) is strictly prohibited. 18. State license required. 19. Mining/Excavation is defined as the exploration for or extraction of surface or subterranean compounds; which shall include oil and gas exploration and production, and the mining of metallic and non-metallic minerals, sand, gravel, fill dirt, and rock. 20. Adult Entertainment is permitted in the I-I (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. SECTION 21-34 - SPECIAL USE REQUIREMENTS The following uses are subject to the special restrictions described below in addition to the applicable natural resource standards described in Article IV and the project design standards described in Article V. 21-34.01 - Home Occupations The purpose of this Section is to provide criteria under which a home occupation may operate in the City's residential districts. The Home Occupational License Business Tax Receipt is designed to allow for office type uses within a residence. No home occupational license business tax receipt shall be issued unless the City determines the proposed home occupation (business) is compatible with the criteria shown below: a. The use must be conducted by a member, or members, of the immediate family residing on the premises and be conducted entirely within the living area of the dwelling unit, not to exceed twenty percent (20%) of the dwelling unit space (excluding garage/carport) for the home occupation. b. No manufacturing, repairing, storing, or other uses that are restricted to commercial and industrial districts are allowed. c. No chemicals/equipment, supplies or material, except that which IS normally used for household domestic purposes, shall be used or stored on site. Rev 11-07 (LandDevelopmentCode) III-II d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be permitted in residential areas. e. No electrical, electro-magnetic or mechanical equipment that causes any interference or excessive noise to adjacent dwelling units shall be installed or operated. f. No products, services, or signage may be displayed in a manner that is visible from the exterior of the dwelling unit, except signage required by state law. g. Except as provided in Section 21-35.03, no commercial vehicles or equipment shall be permitted in the driveway, or adjacent public right-of-way, including commercial vehicles used for mobile vending and no delivery of commercial products for the use of the occupational license business tax receipt shall be allowed. Normal/routine UPS, FedEx, or over-night mail shall not be considered commercial deliveries. h. The use of typewriters, computers, printers, photocopiers and fax machines will be permitted for office use and small machinery such as hand drills and small jigsaws for hobbyist uses. Hobbyist uses shall be limited to $500 in total inventory. 1. All home occupations shall be required to obtain a home occupational license business tax receipt pursuant to the requirements of Chapter 11 of the City Code of Ordinances prior to initiating operation. J. Garages, carports or similar structures, whether attached or detached shall not be used for storage of material or manufacturing concerning the home occupation (other than storage of an automobile). k. Any home Occupational License business tax receipt that generates more than 10 vehicle trips per day shall require a City fire inspection. Excessive traffic shall not be permitted other than routine residential traffic. 1. An applicant may appeal the denial of an application to the City Council pursuant to the requirements of the Land Development Code. m. No license home business tax receipt shall be issued for any property until such time that any Code Compliance issues are resolved. n. If the applicant does not own the property, said applicant shall provide a signed and notarized affidavit from the property owner permitting a Home Occupation on their property, provided the use is permitted by the City. 21-34.02- Community Residential Homes (CRH) The purpose of this Section is to establish criteria for the placement of Community Residential Homes as defined in F.S. 419.001(a), and limit their location to areas zoned for multi-family development. Rev 11-07 (LandDevelopmentCode) III-12 a. All Community Residential Homes shall be required to obtain a City occupational license business tax receipt. Pursuant to the requirements of Chapter 205.1965, F.S., the City shall not issue said license receipt unless the applicant has a state license and substantially meets the criteria listed herein. b. All facilities shall comply with the minimum parcel area and dimensional requirements of the zoning district in which the facility is located. c. Community Residential Homes shall be used only for the purpose of providing rehabilitative, or specialized care, and may not be used for administrative, or related office-type activities, other than those in support of the facility. d. No counseling, or other client services for non-residents shall be permitted in a CRH. e. A CRH shall be similar in appearance to the prevailing character of the area in which the proposed site is located. Similar means within 125 percent of the average floor area, height, and/or architectural style of any other dwelling units in the adjacent area. f. On-site signage shall be a low profile sign with a maximum height of 8 feet and a maximum area of 16 square feet. g. The proposed CRH shall provide a minimum 4-foot (4') high fence on all property lines. h. The proposed CRH shall comply with the appropriate project design standards described in Article V. 1. The proposed CRH shall comply with all appropriate Florida Fire Prevention Codes and Building Code requirements. J. The minimum dwelling unit size for each resident shall be 750 square feet. k. There shall be no more than fourteen (14) residents permitted in a structure on a parcel designated as Medium Density Residential or High Density Residential on the City's Future Land Use Map. 1. Each CRH shall provide a responsible supervisory person on duty at all times while residents are on the premises. The minimum staffing levels required by the State, or other licensing agency, shall be maintained at all times. m. Failure to substantially comply with all these criteria shall subject the property owner, and/or the applicant, to the enforcement provisions of Article X. n. A Community Residential Home shall not be located closer than 1,200 feet (1,200') to another CRH, or closer than 500 feet (50.0') of a'parcel zoned AG, RT, R-l, R-2, or R-3. [See Chapter 419.001 F.S.] Rev 11-07 (LandDevelopmentCode) III -13 3. The watercraft, watercraft trailer, motor home, trailer, recreational vehicle trailer and camper shall be kept clean and not be allowed to become a nuisance that can be detected beyond the owner's property line. 4. Only routine repairs and maintenance may be performed on watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers parked in front yards. g. The owner of the watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers, and campers must reside on the premises where the item is parked or stored. Additional property owned by the resident adjacent to the residence is considered to be a part of the premises for this purpose. The vehicles shall not be used for residential purposes, except during an emergency or natural disaster. The vehicles may be used for residential purposes only after application for building permit(s) for repair after a natural disaster and until the restoration of water, sewer and electric services. If the building is uninhabitable, as determined by the Building Official, an additional six (6) months from utility restoration may be permitted at the discretion of the City Manager. h. Visitors may reside in their motor homes on property designated for residential use for a maximum of a two (2) week period with a permit. Waste materials shall not be permitted to discharge. A visitor residing in a motor home shall be permitted no more than twice in a six- month period. These permits shall be issued by the City Clerk's office and prominently displayed so as to be visible from the street. 1. A limit of one (1) vehicle (watercraft, watercraft trailer, motor home, trailer, recreational vehicle trailer or camper) per 4,000 sq. ft. of lot area shall be allowed to be parked in the front setback and/or side yard. Additional vehicles may be parked in those areas for no longer than two (2) weeks. 21-34.07 - Salvage Yards The purpose of this Section is to control the operation of salvage yards and similar uses. a. Salvage yards shall comply with the conditional use standards for the 1-2 zoning district. b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet, and shall conform to the buffer yard requirements described in Article V, Section 21-54. c. All sites shall be enclosed by an eight foot (8') high stockade fence or masonry wall. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Nothing stored shall be visible above the height of the fence or wall. e. A City of Edgewater Occupationullicense Business Tax Receipt shall be required. Rev 11-07 (LandDevelopmentCode) I1I-17 b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a sanitary facility approved the City Engineer. c. No animal having a disease harmful to humans shall be boarded or maintained in the facility. d. No building or other structure nor any dog run shall be located within 150 feet (150') of any residential use. e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and 7 A.M. f. Kennels are required to receive a commercial kennel license from the V olusia County Animal Control Department and a City of Edgewater Occupational License Business Tax Receipt after receiving a Certificate of Occupancy from the City. g. See Chapter 5 of the Code of Ordinances, City of Edgewater, Florida for additional regulations. 21-34.10 - Solid Waste Receptacles: Residential a. Containers may be placed in the adjacent street right-of-way the evening before the scheduled pick up service and shall be removed no later than 11 :00 PM on the day of scheduled pick up service. b. All solid waste shall be placed in containers with lids that deter animals from accessing the containers. c. All containers shall be stored on the premises of the owner or tenant, behind the front dwelling line, until containers are placed at the right-of-way on scheduled pick up days. d. It shall be the duty of any person owning or controlling a house or other building or premises to remove any uncontained solid waste on both the subject parcel and the adjacent right-of- way. e. Regulations regarding multifamily, commercial and industrial solid waste collection requirements are found in Section 21-34.08. f. Yard waste (pine needles, leaves, etc.) are to be properly contained before placement at the right-of-way. Tree cuttings and yard waste too large to contain shall be placed at the right- of-way in piles no larger than 4'x4'x4' (4 feet high, 4 feet deep, 4 feet wide) total. g. Tree removal on any lot shall be the responsibility of the owner or contracting tree removal company. Rev 11-07 (LandDevelopmentCode) III-19 21-34.11- Mini-warehouses Mini-warehouses may be permitted under the following conditions: a. Mini-warehouse buildings shall be screened from the public right-of-way by a minimum of a six foot (6') high stockade fence or masonry wall with a ten foot (10') wide landscape buffer planted adjacent to the street side on all boundaries facing residential districts. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. b. The project shall be completely fenced, walled, and designed to limit ingress and egress through a controlled and lockable access point. This shall be limited to one (1) two (2) way access points or two (2) one (1) way access points. c. Mini-warehouse units shall not contain any provision for electrical outlets, potable water, or sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes may be installed outside of the warehouse structures. d. Bathroom facilities shall be provided at a central facility in accordance with the Standard Plumbing Code. e. Mini-warehouses are to be used solely for storage purposes. No other commercial use or business shall be permitted within the facility unless permitted as part of a Master Plan. However, one (1) office unit attached by common walls or floors as a part of the mini- warehouse facility may be provided for use of the warehouse manager. f. No storage of flammables, weapons, ammunition, explosives, hazardous, or illegal substances or materials is allowed. g. Mini-warehouses may be permitted as a conditional use in the B-3 and BPUD District when located at least 100 feet (100') from the front property line and where in that 100 feet (100') the property is developed. h. A City Occupational License Business Tax Receipt shall be required. 21-34.12 - Bed & Breakfasts a. Bed and breakfast accommodations, as defined in Section 21-20 shall reqUlre off-street parking at 1 space/bedroom, plus residential parking requirements. b. Landscaping shall be provided as required for hotel/motel uses. c. One (1) sign not to exceed six (6) square feet. d. A City Occupational License Business Tax Receipt is required. Rev 11-07 (LandDevelopmentCode) 1II-20 21-34.13 - Nursing Homes a. Nursing home sites shall front on a major collector or arterial roadway. b. Buffering shall be provided based on land use intensity and comply with the landscaping requirements of Section 21-54. c. A City Occupational License Business Tax Receipt is required. 21-34.14 - Residential Professional Offices Residential Professional Offices are permitted as a conditional use and require site plan approval. Residential Professional Offices are permitted only along S.R. 442, east of Pinedale Road and west of U.S. Highway 1. Residential Professional Office site plans shall be provided with a Zoning Map Amendment application and shall include: a. The property must have a minimum frontage of lOa-feet along S.R. 442. b. One ground sign not to exceed sixteen (16) square feet of display area and an overall height of eight feet (8'). 1. Ground Sign Planter Specifications. Vertical structure supports for ground signs shall be concealed in an enclosed base. The width of such enclosed base shall be equal to at least two-thirds (2/3) the horizontal width of the sign surface. A planter structure shall enclose the foot of the base. The planter shall be between two feet (2') and three feet (3') in height above the ground, with a minimum length equal to the width of the sign and a minimum width of three feet (3 '). The materials will be consistent with the sign and principal structure. The planter shall be irrigated and planted with low shrubs, ornamentals or flowers. Such plantings shall be maintained indefinitely. 2. Ground Sign Setback. The leading edge of the sign shall be setback a minimum often feet (10') from the right-of-way. 3. Movement. No ground sign nor its parts shall move, rotate or use flashing lights. 4. Prohibited Signs. Signs that are prohibited in the Indian River Boulevard Corridor include animated signs, billboards, off-site signs, flashing signs, snipe signs, portable signs (trailer signs), roof signs, beacon lights, bench signs, trash receptacle signs, gutter signs, signs on public property, immoral display, obstruction, streamers, spinners and pennants. c. Commercial building code requirements shall be met. Rev 11-07 (LandDevelopmentCode) III-21 d. A City Occupational License Business Tax Receipt is required. e. All development and/or redevelopment shall conform to the site design criteria as defined in Article V and Article XVIII of the Land Development Code f. Professional office uses are restrictive and shall be designed to primarily serve the populace of the general vicinity. SECTION 21-35 - PROHIBITED USES 21-35.01- Outdoor Storage: Residential Open outdoor storage in residential districts or property where the primary use is residential is expressly prohibited when seen from the right-of-way, except those items listed in Section 21- 34.05. 21-35.02 - Vehicle Sales/Storage on Vacant Lots/Public Right-of-Way The sale, lease, or offering for sale or lease, or storage of any vehicles, including but not limited to, cars, trucks, commercial vehicles, semi-tractors, tractor trailers, watercraft, trailers, recreational vehicles, campers, and equipment shall be prohibited on all vacant lots and all public right-of-ways within the City. 21-35.03 - Commercial Vehicles in Residential Areas The purpose of this Section is to control the proliferation of commercial vehicle parking in residential areas. a. It shall be unlawful for a commercial vehicle, and/or associated trailer, tractor trailers, or concession vehicles with a greater than I-ton capacity to be parked on any property whose primary use is residential, except when being loaded or unloaded. b. One commercial vehicle with less than a I-ton rated capacity shall be permitted to park on any property whose primary use is residential. 21-35.04 - Neglected Premises a. It shall be the duty of any person owning or controlling a house or other building or premises to maintain such premises in a reasonably clean and orderly manner and to a standard conforming to other orderly premises in that vicinity. It shall be a violation of this Section to abandon, neglect, or disregard the condition or appearance of any premises. b. Every exterior wall of the building shall be free of holes, breaks, loose or rotting boards or timbers. All siding material shall be kept in repair. Roofs shall be structurally sound and maintained in a safe manner and have no defects. Rev 11-07 (LandDevelopmentCode) III-22 b. Except as otherwise provided in this Section, any new or existing nonresidential use, or the handling, production or storage of hazardous substances in the secondary protection zone shall apply for a wellfield protection permit as provided in Section 21-43.03. 21-43.03 - Wellfield Protection Zone Permits a. The Director of Environmental Services shall be responsible to administer the wellfield protection zone permit program. b. Application for a wellfield protection permit shall be signed by the applicable owner or agent. c. The City shall issue, or renew such permit, upon the applicant's satisfactory demonstration that all standards required by this Section and other applicable regulations have been met and the appropriate fee as established by resolution have been paid. d. A potential applicant is required to arrange a pre-application conference with the Director of Environmental Services to discuss the permit application criteria and process. e. The City shall review applications, for compliance with the requirements of this Section and no application shall be approved unless compliance is demonstrated. Permits or occupational licenses business tax receipts issued in violation of this Section confer no right or privilege to the grantee. f. The following information shall be submitted by the applicant seeking a wellfield protection zone permit: 1. A current survey signed and sealed by a licensed surveyor that, at a minimum, depicts all existing structures, adjacent streets, water bodies and public water supply wells. 2. A legal description of the subject property. 3. A description of the proposed activity at the proposed location, including a list of all known hazardous substances that may be utilized, generated and/or stored at the subject property. 4. Construction plans and specifications for hazardous substance storage system, including but not limited to, details of tanks, conveyance and pumping systems, secondary containment, leak protection, overfill protection and access and an operating plan. g. Any person owning or operating a non-residential activity regulated by this Section at the time of adoption of this Article shall apply for a wellfield protection zone permit within one year and shall thereafter come into full compliance with the requirements of this Section. 21-43.04 - Wellfield Protection Zone Standards a. A proposed project, construction activity or occupational license business tax receipt use shall not adversely affect the quality and quantity of the potable water supply within the Rev.9-11-06 (LandDevelopmentCode) IV-6 intended to serve, unless ajoint parking area agreement is executed as described in Section 21.57.04. b. No building permit, site plan, conditional use, planned unit development or occupational license business tax receipt application shall be approved unless the required number of spaces are provided in compliance with the requirements herein unless a variance has been approved. c. Any use that becomes non-conforming as to parking requirements upon adoption of this Article shall be required to come into compliance if the use changes or the structure is expanded by more than twenty percent (20%). d. The parking lot design standards are depicted in Table V -7 and Figure V -7 A. TABLE V-7 Parking Lot Design Standards Stall Angle / 45 50 55 60 90 180 Requirements (ft) Dgres Dgres Dgres Dgres Dgres Dgres Offset - A 18' 16' 13' 10' 10' 10' Space Width - B 12' 12' 13' 10' 10'* 10' Space Depth - C 18' 18' 19' 20' 20'* 22' Landscape Area - D 10' 10' 10' 10' 10' 10' Aisle Width - E 13' 15' 16' 18' 24' 15' Turning Area - F IT 16' 15' 14' 14' 14' Maneuver Depth - G 15' Maneuver Radius - H 15' *Note 2' overhang is permitted when parking stalls are curbed. Rev. 9-11-06(LandDevelopmentCode) V-3? 21-86.04 - Powers and Duties The Code Compliance Board shall have the authority to hear and decide alleged violations of the City Code of Ordinances, including, but not limited to, the following: a. All areas of jurisdiction set forth in Chapters 162,489 and 553, F.S. b. Chapter 7, Article IX - Swimming Pools c. Chapter 10, Article II - Noise d. Chapter 10, Article III - Cleanliness and Sanitation of Premises e. Chapter 10, Article IV - Sewage Disposal f. Chapter 21, Article V - Site Design Criteria g. Chapter 11 - Occupational Licenses Business Tax Receipt h. Chapter 12, Article II - Garage Sales 1. Chapter 12, Article III - Alarm Systems J. Chapter 15 - Streets and Sidewalks k. Chapter 21 - Land Development Code 21-86.05 - Powers The Code Compliance Board shall have the following powers: a. Subpoena alleged violators and witnesses to its hearings. b. Subpoenas shall be served by the Edgewater Police Department. c. Subpoena evidence to its hearings. d. Take testimony under oath. e. Issue orders having the force of law to compel an adjudicated violator to comply. SECTION 21-87 - CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS (CAA) 21-87.01 - Purpose The purpose of the Construction Board of Adjustment and Appeals is to provide review and recommendations to the City Council on building and construction related matters pursuant to the Florida Building Code. The CAA is deemed to be competent to sit in judgement on matters concerning the interpretation of the Florida Building Codes and the Florida Fire Prevention Code and its enforcement. Sections 21-88 through 21-89 reserved for future use. Rev. 9_11_06(LandDevelopmentCode) VIII-6 Comprehensive Plan's Goals, Objectives and Policies. b. The proposed abandonment and vacation will not affect the ownership or conferment access of persons owning adjacent property. c. Other matters of concern applicable to the specific area involved. 21-99.05- Decision Effects If the City Council approves the abandonment and vacation, ownership of the abandoned area reverts to the adjacent property owners of record in accordance with State Statutes or as defined by the V olusia County Property Appraiser. 21-99.06- Appeals Appeals of abandonment and vacation decisions by the City Council shall be to the Circuit Court. SECTION 21-100 - VARIANCES The purpose of this Section is to establish the process and criteria to allow a modification of the strict application of Article IV - Resource Protection Standards and Article V - Project Design Standards requirements under limited conditions. This section also establishes criteria whereby an applicant can appeal code interpretations made by the staff. 21-100.01 - General Requirements a. The variance application shall be consistent with the current Comprehensive Plan and zoning district. Variance applications inconsistent with the Comprehensive Plan shall require a Comprehensive Plan amendment. Variance applications inconsistent with the zoning district shall require a rezoning application. b. Economic hardship shall not be sufficient justification to grant a variance. c. No development permit, occupational license Business Tax Receipt or Certificate of Occupancy shall be issued for any property that is subject to a variance, until the process is completed. d. A variance request for any use not permitted within a certain zoning district shall not be considered. Rev. 9-11-06 (LandDevelopmentCode) IX-16 c. In recognition of the provisions of F.S. SS 847.013 and 847.0133, which protects minors from exposure to obscene material, any business which is an adult bookstore/adult video store shall have in place at each entrance to such business a sign, no less than one square foot in size, stating "Persons under 18 years of age not permitted." Adult booth means a small enclosure inside an adult entertainment establishment accessible to any person over the age of 18, regardless of whether a fee is charged for access. The term adult booth includes, but is not limited to, a peep-show booth or other booth used to view adult material, but does not include a restroom or a foyer through which the public enters or exits the establishment. Adult entertainment establishment means an adult theater, an adult bookstore, an adult- performance establishment, a commercial physical-contact parlor or an escort service operated for commercial or pecuniary gain, regardless of whether such establishment is licensed under this Article. "Operated for commercial or pecuniary gain" shall not depend upon actual profit or loss. An establishment which has an occupational license business tax receipt or an establishment which advertises itself as a type of adult entertainment establishment shall be presumed to be operated for commercial or pecuniary gain. An establishment with an adult entertainment license shall be presumed to be an adult entertainment establishment. Adult material means anyone or more of the following, regardless of whether it is new or used: a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videotapes, slides or other visual representations, or recordings, computer digital graphic recordings, other visual representations, tape recordings or other audio matter, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or b. Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities, excluding bona fide birth-control devices. Adult motel means any motel, hotel, boardinghouse, roominghouse or other place of temporary lodging which includes the word "adult" in any name it uses or otherwise advertises the presentation of films, motion pictures, videotapes, slides or other photographic reproductions, which have as their primary or dominant theme matters depicting, illustrating or relating to specified sexual activities or specified anatomical areas. The term "adult motel" is included within the definition of "adult theater." Adult-performance establishment. a. Adult-performance establishment means an establishment where any worker: 1. Engages in a private performance or displays or exposes any specified anatomical areas to a customer, regardless of whether the worker engages in dancing or any particular activity; 2. Wears and displays to a customer any covering, tape, pasty or other device which simulates or otherwise gives the appearance of the display or exposure of any (Land Development Code) Revision 6-07 XIX-2 It is an affirmative defense that a business is not an escort service if the person seeking to invoke this defense can demonstrate that the business is a bona fide dating or matching service which arranges social matches or dates for two persons who each wish to meet a compatible companion when neither of such persons solicits, accepts or receives any financial gain or any monetary tip, consideration or compensation for the meeting or date. Establishment means any place, site or premises, or portion thereof, upon which any person, corporation or business conducts activities or operations for commercial or pecuniary gain, including any place, site or premises from where an escort service dispatches or refers workers to other locations or at which an escort service receives business calls from customers. Law enforcement officer means an officer who is on official duty for a law-enforcement agency, including, but not limited to, the police department ofthe City. Licensee means any person whose application for an adult entertainment establishment has been granted and who owns, operates or controls the establishment. Operated for commercial or pecuniary gain means any business or attempt to generate income and shall not depend upon actual profit or loss. An establishment which has an occupational license business tax receipt shall be presumed to be operated for commercial or pecuniary gain. Operator means any person who engages in or performs any activity necessary to, or which facilitates, the operation of an adult entertainment establishment, including but not limited to the licensee, manager, owner, doorman, bouncer, bartender, disc jockey, sales clerk, ticket taker, movie projectionist, dispatcher, receptionist or attendant. Park means a tract of land within a city or unincorporated area of a county which is kept for ornament or recreation and which is maintained as public property. Preexisting means as follows: a. When used together with the terms "adult entertainment establishment," "religious institution," "educational institution," "commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption" or "residence," the word "preexisting" shall mean: 1. The establishment, institution or residence IS already being lawfully used or lawfully occupied; 2. A building permit for the establishment, institution or residence has been lawfully issued, all fees associated with the permit have been paid and the permit has not expired; or (Land Development Code) XIX-6 Revision 6-07 particular crimes described in subsection(E)of this section, and ultimately lead residents and businesses to move to other locations. g. The establishments in which the activities described in subsections (A),(B) and(C) of this section occur are often constructed, in part or in whole, of substandard materials, maintained in a manner reflecting disregard for the health and safety of the occupants, and have exterior signs or appearance that lower the surrounding property values and contribute to urban decline. h. The activities described in subsections (A),(B) and(C)of this section often occur in establishments concurrent with the sale and consumption of alcoholic beverages, which concurrence leads to a further increase in criminal activity, unsafe activity and disturbances of the peace and order of the surrounding community and creates additional hazards to the health and safety of customers and workers and further depreciates the value of adjoining real property, harming the economic welfare of the surrounding community and adversely affecting the quality of life, commerce and community environment. 1. In order to preserve and safeguard the health, safety, property values and general welfare of the people, businesses and industries of the City, it is necessary and advisable for the City to regulate the sale and consumption of alcoholic beverages at establishments where the activities described in subsections (A),(B) and(C) ofthis section occur. J. Workers at adult entertainment establishments and sexually oriented businesses engage in a higher incidence of certain types of unhealthy or criminal behavior than workers of other establishments, including a very high incidence of illegal prostitution or engaging in lewdness in violation of F.S. ch. 796, operation without occupational licenses business tax receipts and illegal unlicensed massage. k. Physical contact or touching within establishments at which the activities described in subsections (A),(B) and (C) of this section occur between workers exhibiting specified anatomical areas and customers poses a threat to the health of both and promotes the spread of communicable and social diseases. 1. In order to preserve and safeguard the health, safety and general welfare of the people of the City, it is necessary and advisable for the City to regulate the conduct of owners, managers, operators, agents, workers, entertainers, performers and customers at establishments where the activities described in subsections (A),(B) and(C)ofthis section occur. m. The potential dangers to the health, safety and general welfare of the people of the City posed by permitting an establishment at which the activities described in subsections (A), (B) and(C) of this section occur to operate without first meeting the requirements for obtaining a license under this Article are so great as to require the licensure of such establishments prior to their being permitted to operate. n. Requiring operators of establishments at which the activities described in subsections (1), (2) and (3) of this section occur to keep records of information concerning workers and certain recent past workers will help reduce the incidence of certain types of criminal behavior by facilitating (Land Development Code) Revision 6-07 XIX-12 service of notice upon the applicant of the Development Services Department's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Development Services Department may, within fifteen (15) days of service upon it of the applicant's memorandum, submit a responsive memorandum to the City Council. After reviewing such memoranda, as well as the Development Services Department's written decision, if any, and exhibits submitted to the Development Services Department, the City Council shall vote either to uphold or overrule the decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the Development Services Department receives the notice of appeal. The status quo immediately prior to denial of the license shall be maintained during the pendency of the appeal. Judicial review of a denial by the Development Services Department and City Council may be made pursuant to Section 21-520.11 of this Article. The status quo shall continue to be maintained during the pendency of judicial review. 21-510.04 Notice Any notice required under this Article shall be accomplished by sending a written notification by certified mail to the mailing address set forth on the application for the license. This mailing address shall be considered the correct mailing address unless the Development Services Department has been otherwise notified in writing or by personal service or delivery to the applicant or licensee. 21-510.05- Immunity from Prosecution The City or any of its departments or agents or any law enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good-faith trespass upon an adult entertainment establishment while acting within the scope of the authority under this Article. SECTION 21-520- LICENSE 21-520.01- Required. No adult entertainment establishment shall be permitted to operate without having been first granted an adult entertainment license by the Development Services Department under this Article. The operation of an adult entertainment establishment without a valid adult entertainment license is unlawful and shall be grounds for the closing of the establishment or business upon a finding of fact by a court or other body with proper jurisdiction that the establishment does not have a valid adult entertainment license. In no event shall an occupational license business tax receipt serve as a substitute for a adult entertainment license required by this Article. 21-520.02- Classifications a. Generally. Adult entertainment establishment licenses referred to III this Article shall be classified as follows: 1. Adult bookstore; (Land Development Code) Revision 6-07 XIX-IS c. Having an outdoor area designed to permit VIewmg by customers seated m vehicles: $3.50 for each parking space. d. Having a combination of subsections (2)a, (2)b andlor (2)c: the cumulative license fee applicable to each under such subsections. 3. Adult motel: $750.00. 4. Adult-performance establishment: $750.00. 5. Commercial physical-contact parlor: $750.00. 6. Escort service: $750.00. b. Regulatory fees. The annual license fees collected under this Article are declared to be regulatory fees collected for the purpose of examination and inspection of adult entertainment establishments under this Article and the administration thereof. These regulatory fees are in addition to and not in lieu of the occupational license taxes business tax receipt imposed by other ordinances. 21-520.08- Transfer a. Requirements. An adult entertainri1ent license is not transferable to another person by surrendering possession, control or operation of the licensed establishment. An adult entertainment license may be transferred to another person only upon satisfaction of the following requirements: 1. Application is made to the Development Services Department for a license transfer setting forth the information called for under Section 21-520.03. 2. Satisfactory proof is provided that control of the establishment has been or will be transferred through a bona fide sale, lease, rental or other transaction; 3. A transfer fee of ten percent of the annual license fee is paid; and 4. A transferred license has been issued by the Development Services Department. b. Effect of suspension or revocation procedures. No license may be transferred pursuant to subsection (a) of this Section when the Development Services Department has notified the licensee that suspension or revocation proceedings have been or will be brought against the licensee. c. No transfer to a different location. A licensee shall not transfer his or her license to another location. (Land Development Code) Revision 6-07 XIX-21 misrepresentation of facts or erroneous information, the Development Services Department shall forthwith revoke the license and notify the licensee of the revocation. 2. Effect of final revocation. If a license is revoked, the licensee of the adult entertainment establishment shall not be allowed to obtain another adult entertainment license for a period of one year, and no adult entertainment license shall be issued again to any other person for the location upon which the adult entertainment establishment was situated. c. Effective date of suspension or revocation. The suspension or revocation of a license shall take effect the day after delivery of a notice of final suspension or revocation to the licensee in person, or by mail to the licensee's record address, or on the date the licensee surrenders the license, whichever happens first. The licensee shall immediately return and surrender a revoked license to the occupational licensing business tax receipt department or surrender the revoked license, upon demand, to the Development Services Department. A suspension or revocation shall be abated during an appeal of the Development Services Department's ruling to the City Council until the day following the decision of the Council. d. Suspension and revocation proceedings. 1. Challenge to suspension or revocation. If the Development Services Department notifies a licensee in writing of the pending suspension or revocation of a license, then the suspension or revocation shall become final and effective ten (l0) days after mailing to the licensee's record address or actual delivery of the notice to the licensee, unless the licensee first files with the Development Services Department a written response stating the reasons why the suspension or revocation is alleged to be in error or inappropriate and a written notice of intent to challenge the suspension or revocation requesting a hearing before the City Council to determine whether the suspension or revocation will become effective. 2. Hearing on suspension or revocation. a. When a licensee files a written response and notice of intent to challenge a pending or existing suspension or revocation, then a public hearing to determine if the pending suspension or revocation will become effective and final shall be held by the City Council. The Development Services Department shall notify the City Attorney and any appropriate City staff, who shall schedule and provide notice of the hearing. b. The suspension or revocation hearing should be held within twenty-one (21) calendar days of a written challenge and request for a hearing, or as soon thereafter as can reasonably be scheduled, but no sooner than after seven (7) days' notice mailed to the licensee and posting to the public at a place for notices in a public building, and shall be quasi-judicial in nature. c. The participants before the City Council shall be the licensee, any witnesses of the licensee, City staff, any interested members of the public and any witnesses of the (Land Development Code) XIX-23 Revision 6-07 2. Have a wall-to-wall, floor-to-ceiling partition of solid construction without any holes or openings, which partition may be completely or partially transparent, and which partition separates the worker from the customer viewing the private performance. The requirements of subsections (A) and (B) of this Section shall not apply to any adult- performance establishments in operation on the adoption date of Ordinance Number 14-95 (April 11, 1995). Notwithstanding this provision, all adult-performance establishments--whether or not in operation on the adoption date of Ordinance Number 14-95 (April 11, 1995)--must comply with subsections (A) and (B) of this Section on or before midnight, October 1,2020. 21-540.04- Adult Bookstores In addition to the general requirements for an adult entertainment establishment contained above, an adult bookstore shall not display merchandise or adult material in a manner that allows such merchandise or adult material to be visible from outside the structures at the establishment. 21-540.05- Commercial Physical-Contact Parlors In addition to the general requirements for an adult entertainment establishment contained above, a commercial physical-contact parlor shall comply with the following special requirements: a. Operate only. from a fixed physical commercial location at which are displayed its adult entertainment license and all other required occupational licenses business tax receipts. b. Provide clean linen and towels for each customer without any reuse of towels or linens without relaundering; provided, however, that heavy white paper may be substituted for sheets, provided that such paper is used only for one customer, then discarded into a sanitary receptacle. c. Provide closed cabinets for the storage of clean linen, towels and other materials used ill connection with administering commercial physical contact. d. Disinfect and sterilize all nondisposable instruments and materials after use on each customer. e. Require each worker to wear a clean outer garment in the nature of a surgical gown when providing commercial physical contact, and during all other times during working hours conceal, with a fully opaque covering, all specified anatomical areas of his or her body. f. Inform each customer, in his or her customer contract, that he or she must cover his or her specified anatomical areas by a towel, cloth, robe, undergarment, swimsuit or other similar fully opaque material while in the presence of a worker. g. Not permit, suffer or allow any animal, except a seeing-eye guide dog, to be on the premises of the commercial physical-contact parlor. h. If male and female customers are to be served simultaneously, provide two separate work areas for commercial physical contact, one for males and the other for females. (Land Development Code) Revision 6-07 XIX-29 1. Configure all work areas where commercial physical contact is to be provided so that the areas are readily visible at all times from common areas of the establishment outside of the work areas. 21-540.06- Escort Services In addition to the general requirements for an adult entertainment establishment contained above, an escort service shall comply with the following special requirements: a. If offering or providing escorts within the City, an escort service must notify the occupational licensing business tax receipt department of an authorized physical commercial location, which mayor may not be within the City, from which the escort service operates and dispatches escorts. b. Include in all advertising or promotional literature posted, placed, published or distributed within the City the number of a valid adult entertainment escort-service licenses issued by the occupational licensing business tax receipt department, unless the escort service does not refer, send or dispatch escorts to any location within the jurisdictional limits ofthe City. c. Ensure that every escort and worker of an escort service is provided or obtains, carries while working as an escort and displays upon the request of any law-enforcement officer afl occupational license business tax receipt to engage in the occupation of escort within the City. An escort or worker of an escort service who is a paid. employee for whom taxes and social security payments are withheld and paid by the escort service, and who is not an independent contractor, may substitute and carry a copy of the adult entertainment escort-service license of the employing escort service. 21-540.07- Records and Inspection of Records a. An adult entertainment establishment shall maintain a worker record for each worker who currently works or performs at the establishment, and for each former worker who worked or performed at the establishment during the preceding one-year period. The worker record shall contain the current or former worker's full legal name, including any aliases, and proof of age of worker. b. An operator of the establishment shall, upon request by a law enforcement officer when the establishment is open for business, immediately make available for inspection the original, or the true and exact photocopies, of each of the records set forth in subsection (A). SECTION 21-550- ENFORCEMENT AND CRIMINAL PROVISIONS 21-550.01- Penalty for Violation of Article Whoever violates any section of this division may be punished as provided in the City's Code of Ordinances or F.S. ch. 162. (Land Development Code) Revision 6-07 XIX-3D b. It shall be unlawful for any person in an adult entertainment establishment to intentionally touch the clothed or unclothed breast of a worker, or to touch the clothed or unclothed body of a worker at any point below the waist and above the knee ofthe worker. 21-550.07- Advertising Prohibited Activity It shall be unlawful for an operator of an adult entertainment establishment to advertise, encourage or promote any activity prohibited by this Article or any applicable state statute or ordinance. 21-550.08- Minors Prohibited It shall be unlawful for an operator or worker of an adult entertainment establishment to knowingly, or with reason to know, permit, suffer or allow a person under 18 years of age to: a. Enter or remain in the establishment; b. Purchase goods or services at the establishment; or c. Work or perform at the establishment as a worker. 21-550.09- Failure to Maintain Required Records and Licenses a. It shall be unlawful to be an operator of an adult entertainment establishment at which the license required by the licensing provisions of this Article and each record required by the general operational rules of this Article, are not made available for inspection by a law enforcement officer upon request when the establishment is open for business. b. It shall be unlawful to be a worker of an adult entertainment establishment who fails to obtain, carry and display upon demand of a law enforcement officer, while working in the adult entertainment occupation, an occupationullicense business tax receipt for the adult eq.tertainment occupation in which the worker is engaged. c. It is an affirmative defense and subsection (b) of this Section does not apply to a worker of an adult entertainment establishment who is a paid employee for whom taxes and social security payments are withheld and paid to the federal government by the adult entertainment establishment, and who is not an independent contractor, except an employee who is an escort working away from the establishment premises who shall then be required to obtain, carry and display to a law enforcement officer, upon demand, a copy of the adult entertainment license of the employing escort service. 21-550.10- Exceeding Occupancy Limit of Adult Booth It shall be unlawful for any person to occupy an adult booth in which there are more people than are specified on the posted sign required by Section 21-540.02. (Land Development Code) Revision 6-07 XIX-33 Commercial physical contact means to manipulate, wash, scrub, stroke or touch, for commercial or pecuniary gain, another person's body tissues directly or indirectly, through a medium using any object, instrument, substance or device. It is an affirmative defense to an alleged violation of this Article regarding engaging in commercial physical contact or operating a commercial physical-contact parlor if the alleged violator, business or establishment can establish membership in one of the following classes of persons or businesses and the activity alleged to be commercial physical contact is part of the bona fide practice of the profession or business of the person, which overlaps into the field regulated by this Article: a. Persons licensed as a massage therapist or apprentice massage therapist pursuant to F.S. ch. 480, if providing massage services only in a massage establishment licensed under F.S. ch. 480. b. Persons licensed under the laws of the state to practice medicine, surgery, osteopathy, chiropody, naturopathy or podiatry, or persons licensed as a physician's assistant or holding a drugless practitioner's certificate. c. Registered nurses under the laws of the state. d. Barbers or beauticians licensed under the laws of the state. e. Cosmetologists licensed under the laws of the state. f. . Persons performing services in any hospital, nursing home or sanitarium licensed under the laws of the state. g. Instructors, coaches or athletic trainers employed by, or on behalf of, any bona fide professional, Olympic or sanctioned amateur athletic team, governmental entity or any bona fide state, county or private educational institution. h. Physical therapists licensed under the laws of the state. Commercial physical-contact parlor means a business, establishment or place operated for commercial or pecuniary gain, where any worker engages in commercial physical contact, or any business or establishment for which any portion is set aside, advertised or promoted as a place where commercial physical contact occurs or a place designated as a "body scrub salon," or a place designated as a "relaxation salon." Conviction means a determination of guilt resulting from a plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended. Customer means any person at an establishment, excluding an employee or operator, who does any of the following: (Land Development Code) Revision 6-07 XIX-4 21-550.18- Prohibited Acts by Escort-Service Workers It shall be unlawful for a worker of an escort service to commit any of the following acts or for an operator of an escort service to knowingly or with reason to know, permit, suffer, aid, assist or allow any escort or escort-service worker to commit any ofthe following acts: a. Entering a hotel, motel or other transient place of lodging for the purpose of meeting or serving a customer without immediately meeting with the front-desk or reception-area personnel and doing each of the following: 1. Providing the time of arrival and the estimated time of departure; 2. Presenting a copy of the escort service's adult entertainment license and the escort's occupational license business tax receipt; and 3. Identifying himself or herself, identifying the escort service that sent him or her, stating the name of the customer he or she is meeting or servicing, and the location of the meeting, including any applicable room number; and notifying the front-desk or reception-area personnel upon departing the premises. b. Distributing, placing, posting or leaving any unsolicited business cards, advertisements or promotional material on or within the premises of any other business. c. Beginning a meeting or service with a customer between 10:00 p.m. any day of the week and 9:00 a.m. of the following day. d. Beginning a meeting or service with a customer without first meeting such customer in a public place such as a bar or restaurant before accompanying the customer to any place which is not open and occupied by the public, such as a hotel room or residence. e. Displaying or exposing specified anatomical areas to a customer of an escort service. f. Requiring, enticing or soliciting a customer to remove any item of clothing. g. Soliciting a tip or gratuity from a customer in exchange for a promise or suggestion of any act or enhanced service. 21-550.19- Enforcement of Article by Injunction A person who operates or causes to be operated an adult entertainment establishment without a valid license, or in violation of this Article, is subject to a suit for injunction. (Land Development Code) Revision 6-07 Xlx-36 include, but not be limited to the following: building permit, certificate of occupancy, occupational license business tax receipt or use permit. No county or municipal certificate of occupancy, occupational license business tax receipt or use permit for which a complete application is submitted after January 31, 2005, for any activity requiring payment of an impact fee pursuant to this Section shall be issued unless and until the transportation/road impact fee required by this Section has been paid. The obligation of a person to pay the fee imposed by this Section shall not be extinguished by the inadvertent failure of the City to collect the fee at the time required. c. Methods of determination. The Transportation/Road Impact Fee for any development activity generating traffic in the City shall be determined either by using the fee schedule set forth in subsection (f)(l) of this Section, or by using the method set forth in Section 21-323.05. d. Presumption of maximum impact. Development is presumed to have the maximum impact on the road network. The proposed development activity for which an application for a building permit has been filed shall be presumed by the City engineer or his designee to generate the maximum number of average daily vehicle trips, vehicle miles of travel and lane miles of travel. e. Transportation/Road Impact Fee formula. The following formula shall be used to determine the impact fee per unit of development: Impact Fee = (l/2)* (TOR) * (%NT) * (DF)* (ATL) * (CCILM)(WCL) Where: TOR = trip generation rate assigned to each land use NT = new trips generated by the land use DF = distribution factor of trips utilizing the thoroughfare network A TL = average trip length utilizing the thoroughfare network CC = average road construction cost LM = lane miles WCL = weighted capacity per lane mile f. Fee schedule. The following fee schedule has been prepared based upon the formula presented in subsection ( e) of this Section using in part the Roadway Impact Fee update, dated September 25, 2003 prepared for V olusia County by TEl Engineers and Planners, and the Transportation Impact Fee Study dated August 2004 prepared for the City of Edgewater Rev. 9-11-06 (Land Development Code) XVII-24 added together and averaged they may be substituted in the Transportation/Road Impact Fee formula. The results will be used to determine an appropriate impact fee. If the traffic study results indicate a lower fee and accepted by the City staff, the difference will be refunded to the applicant. All refunds are subject to Section 21- 323.10. This documentation shall be prepared and presented by licensed engineers. Specific actions such as the number of manual or automated counts, number of personal surveys, location of the sampling stations and the layout of the study sites will be negotiated by the applicant and City staff. 21-323.07 - Review of Fees City Staff shall annually review all fees relating to this Section. All adjustments shall be based on the percentage change as contained in the CPI (Consumer Price Index - All Urban Consumers) or ENR (Engineering News Record) index as established/reported in April of each year and shall be automatically adjusted on October 1 of each fiscal year. 21-323.08 - Payment a. Time of payment; lien. 1. The person applying for the Issuance of a building permit shall pay the transportation/road impact fee. The obligation for payment of the impact fee shall run with the land. However, this Section shall not be construed to relieve an applicant of responsibility or liability for payment of the impact fees imposed by this Section. In the event the impact fee is not paid prior to the issuance of a building permit for the affected impact construction, the City may collect the impact fee, together with interest, as provided in Section 21-323.08(d). If no building permit is required upon a change of use of a building, the fee imposed by this Section shall be payable at such time as the person making such change shall be required to apply for an occupational license business tax receipt. 2. All fees due under this Section shall become a lien at the time of the issuance of the building permit or in the case of a change of use on the issuance of an occupational license business tax receipt, as the case may be, such fees shall be due, and shall remain a lien, coequal with the lien of all State, District, County and Municipal taxes, superior in dignity to all other liens, titles and claims, until paid. Such lien shall be upon the land on which an improvement is made requiring the payment of fees and shall be for the amount of the fee required, as well as for all penalties and interest due under the provisions of this Section. b. Method of payment. Rev. 9-11-06 (Land Development Code) XVII-27 CITY OF EDGEWATER PLANNING AND ZONING BOARD INFORMATION SUMMARY CASE # V A-0709 OWNER: Tony & Hope Pawlak APPLICANT/AGENT: Marcia Barnett REQUESTED ACTION: The applicant has requested the following variances from the City of Edgewater Land Development Code: Beulah Drive Property: · Section 21-50.02, Table V-I, to allow a minimum lot square footage of 6,116 SF in lieu of the required 8,625SF; · Section 21-50.02, Table V-I, to allow a minimum lot width of 50 feet in lieu of the required 75 feet; and · Section 21-50.02, Table V-I, to allow a minimum front setback (side corner) of 10 feet in lieu of the required 40 feet. Ruth Drive Property: · Section 21-50.02, Table Y-1, minimum lot square footage of 6,312 SF in lieu of the required 8,625 SF; · Section 21-50.02, Table Y-1, minimum lot width of 50 feet in lieu of the required 75 feet; and · Section 21-50.02, Table V-I, minimum front setback (side corner) of 10 feet in lieu of the required 40 feet. PROPOSED USE: To create 4 Single Family Residential building lots from 2 existing lots LOCATION: Beulah Drive Property: Southeast corner of Beulah Drive and Flagler Avenue (PID# 7432-06-00-2840) Ruth Drive Property: Northeast corner of Ruth Drive and Beulah Drive (PID# 7432-06-00-2410) AREA: Beulah Drive Property: .28:f: acres Ruth Drive Property: .29:f: acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-3 (Single Family Residential VOTING DISTRICT: 1 G:\Pat\P&Z\Staff reports\2008\ V A-0709 - Pawlak - Barnett- Beulah and Ruth.doc SURROUNDING AREA: B 1. hD. Pt. eua rIve roper ~v. Current Land Use FLUM Designation Zoning District North Single- Family Low Density Residential R-3 (Single-Family Residential) Residential East Single- Family Low Density Residential R - 3 (Single - Family Residential) Residential South Single-Family Medium Density R-4 (Multi-Family Residential) Residential Residential West Single- Family Low Density Residential R-3 (Single-Family Residential) Residential Ruth Drive Property: Current Land Use FLUM Desi~nation Zonin~ District North Single-Family Low Density Residential R-3 (Single-Family Residential) Residential East Single- Family Low Density Residential R-3 (Single-Family Residential) Residential South Single-Family Low Density Residential R-3 (Single-Family Residential) Residential West Single- Family Low Density Residential R-3 (Single-Family Residential) Residential Background The applicant is requesting variances from the Land Development Code to allow a minor lot splits for two existing building lots. The property owner is proposing to extend and connect the sanitary sewer line along Beulah Drive to the intersection of Ruth Drive and Beulah Drive. However, Section 21- 21.01 of the City of Edgewater Land Development Code requires that all new development shall connect to the City's water and sewer system. Therefore, the City would require that the sewer lines be extended prior to development of these lots, regardless of the lot size. This phase of the Edgewater Acres Subdivision was platted in October 1956. The existing 50' lots in this subdivision are considered legal non-conforming lots, which means they were created prior to June 17, 1974. The granting of this variance creates non-conforming lots, which would not meet the R-3 zoning district criteria. The majority of the surrounding properties were improved in the late 1970's and early 1980's. Land Use Compatibility The proposed use is compatible with the Low Density Residential Future Land Use designations existing on the property. Adequate Public Facilities Beulah Drive Property: The property has access from Beulah Drive and Flagler Avenue. Ruth Drive Property: The property has access from Ruth Drive and Beulah Drive. G:\Pat\P&Z\Staff reports\2008\ V A-0709 - Pawlak - Barnett- Beulah and Ruth.doc 2 City water is available to these sites. However, sewer service would have to be extended to serve these sites. Section 21-21.01 of the City of Edgewater Land Development Code requires that all new development shall connect to the City's water and sewer system. Natural Environment These sites have no known environmental issues. Comprehensive Plan Consistency Policy 1.1.1 of the Future Land Use Element of the Comprehensive Plan states that, the maximum density for the Low Density Residential land use category is four (4) dwelling units per acre. Other Matters The majority of the existing developed corner lots in this area meet the minimum lot square footage and lot dimension requirements set forth in the Land Development Code. Property owners within a 300' radius are required to be notified of a variance request. Per the City of Edgewater Land Development Code Section 21-10.04, in order to grant a non- administrative variance, the P&ZB shall make the following findings of fact: 1. That granting of the proposed variance is not in conflict with the Comprehensive Plan; 2. That granting of the proposed variance will not result in creating or continuing a use which is not compatible with adjacent uses in the area; 3. That granting of the proposed variance is the minimum action available to permit reasonable use of the property; 4. That the physical characteristics of the subject site are unique and not present on adjacent sites; and 5. That the circumstances creating the need for the variance are not the result of actions by the applicant, or actions proposed by the applicant. STAFF RECOMMENDATION Due to the requests not fulfilling the requirements of the R-3 zoning district, staff recommends denial of the following variance requests from the City of Edgewater Land Development Code: Beulah Drive Property: . Section 21-50.02, Table V-I, to allow a minimum lot square footage of 6,116 SF in lieu of the required 8,625 SF; . Section 21-50.02, Table V-I, to allow a minimum lot width of 50 feet in lieu of the required 75 feet; and . Section 21-50.02, Table V-I, to allow a minimum front setback (side corner) of 10 feet in lieu of the required 40 feet. Ruth Drive Property: . Section 21-50.02, Table V-I, minimum lot square footage of 6,312 SF in lieu of the required 8,625 SF; . Section 21-50.02, Table V-I, minimum lot width of 50 feet in lieu of the required 75 feet; and G:\Pat\P&Z\Staffreports\2008\VA-0709 - Pawlak - Barnett- Beulah and Ruth.doc 3 . Section 21-50.02, Table Y-1, minimum front setback (side corner) of 10 feet in lieu of the required 40 feet. MOTION Motion to deny the following vanance requests from the City of Edgewater Land Development Code: Beulah Drive Property: . Section 21-50.02, Table Y-1, to allow a minimum lot square footage of 6,116 SF in lieu of the required 8,625 SF; . Section 21-50.02, Table Y-1, to allow a minimum lot width of 50 feet in lieu of the required 75 feet; and . Section 21-50.02, Table Y-1, to allow a minimum front setback (side corner) of 10 feet in lieu of the required 40 feet. Ruth Drive Property: . Section 21-50.02, Table Y-1, minimum lot square footage of 6,312 SF in lieu of the required 8,625 SF; . Section 21-50.02, Table Y-1, minimum lot width of 50 feet in lieu of the required 75 feet; and . 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Ridgewood Ave. Edgewater, FL 32141 Cell: 386-689-4592 Office: 386-426-7234 Fax: 386-426-7966 Date: August 23,2007 To: Planning & Zoning Department Edgewater, FL 32141 Re: Request for Variance To Whom It May Concern; Attached you will find the necessary documents to request a variance for vacant land, located in Edgewater Acres. We have also included a photograph of homes being constructed on 50 foot lots and a 50 foot lot subdivision in Edgewater. There are properties around the subject properties that do have 50 foot lots. There are boundary surveys and surveys with drawings of the footprint of the homes as they would be placed on the property. This will allow Mr. & Mrs. Pawlak to stay within the Volusia County Housing Assistant prices for new homes. Also, and important in this request, Mr. & Mrs. Pawlak are willing, at their own expense, to continue the Sanitary Sewer where it ends on Beulah around the corner. This should give the City of Edgewater added incentive to grant the variance, as it will be added revenue not only in the building permits, but the additional Utility service. It is my understanding that we are submitting this variance in time to be on the October meeting schedule. Please let me know if there is anything missing or if my dates are not accurate. Thanks for you assistance in the matter. Respectfully, '71w:leJU~ :r (~Jtitt.~ Marcia E. Barnett 06/05/2806 13:30 3f 11847 Jun 05 06 10101"-1 .....- \ 9:12. . \ CREEK SHORE REAL TV ll!dUU~ PAGE 132/133 p.~ Ub/UO/~UUb 1U:.. ~AA nw. Jj!\j(l~l';l J.'" (,0, 1(116" 1(J)a ~ 1~1~'II- II .?l~ . .' j 1algal ... ,~()1~~ ,I 1CQ2lil :!:. 0 , I _'J.! ~ I I \\ J ' . I ~~,.. I 1O:::1~ C.\. 0 1~ '~ 1ca9Jl ~\ ' 'I ~l. '\ 1~ '. ( \ \ ~ tOO'!'" ~ ~ mIl. 10S!i. '01.1;;.. ITARY ~'.R & SEPTIC TANKS RUTH & BEULAH DRIVES N t5"\'e.', . ~, ~.l\ .s, E:: vJ e f\ \-\ (i () \" ~ f ? 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L-LENOTHI CRD-C110RDf LIP"UOHTPOUY '"-NOT SUBSTANTIAtED BYFIELD MEASUREMENT! tM)-MBASUlU!DI ~PLA.TI {D)-DPEDI pRM-PER.MANmn'llBFERENCE MONUMENTI CfLoooC:EN1l!.l OIU-OVERREADUTIUTY1 PIl-POWEllPOUY Fc>FENCECORNElVCU-CIWNLnOCFBNCBI IP-IRONPIPE! 1l-1lAD1AU {C)-CALCULATEDI P,'LooPROPmlTYLINB'R/W"IlIGHT..oF-WAYI ID-IDBNlIFJCA110N1 PR-FRAMEJ (PR)or(pRO)-PROltATm' (NR)oINON IlADIAlJ IR&:o-IIlONROD AND CAPI x:P-PE&MANBNI' CONI'.aOLPOlNTl NOVD-NAl1ONALOBODB1lCVElU1CALDA.ltJMI USCltOS-tINI'IED STAIES COASTAL AND GEQDBTIC stJR.VEY/ nDNR-FLOlUDA DEJ'All'IMENTOF NATVllALIl.ESOUllCBSl CCCL-COAStAL CONS'DlUCTION CONTlt.OLLINEI MRW-MRAN moa WA~ MBs-MrIEREO HND SEcrtON/ INV-INVER.TI OdP-COB.R11GA'I'ED NEI'AL PIPEI IlCP-RElNFOllCED CONCREIBPJn!I TYl'.-rYPIC.AlJ Tm..B-'11?lDHONEI U,lQaUNDER.OR.OutIDI WN-WATm. VALV'Ei BC>BUILDD"l'G COB.NERI mM-o'IEMPORAR.YBENCHMAlUU Pc-P0IN1' OF CUIlVAtull.EI PT-POINTOPTANGENCYI CRD-cH01lD~ATION/ llP-Jl.ADJUSPODiT/ NR.MH~OR:mIlDdMANHOUI MH-MANHOLEI ORD-GRADPI WIr-WII'NBSSI Ulo-uNDERGll..OUND/'N-NOlI..TRI s-sounv B-BAfrrl W-wESTJ NLYooNORI'HEJU..YJ SLY-sDtJ1HEIU.YI ELy..EAStElU.YI WLY-WESI1iRLYI CBW-CONCR.EtBBLOCKWJJ.l) oa-QmClALRECOlDBOOKJ MB-MAPBOOKl PO-PAGEJ SOBD."SUBDIVISIONI POB-POlNTOFB~ P()()oPOINTOF~mN'I'/:I<-PWS OAMINUS BOUNDARY SURVEY-VOLUSIA COUNTY-FLORIDA ..... l FLAGLER AVE. (50' R/W) - ----20'% ASPHALT PAVEMENT--1 ----~- ---r---- , , 0- ff ." ~ 'W .; ~ i:: e SUBJECT AR.RA LIES IN FLOOD ZONE "X" (ARIlAS OF MINIMAL FLOODING) PER FEDERAL EMERGENCY MANAGEMENr AGllNCY FIRM FLOOD ZONE DETERMINED BY SCALrnO FROM FLOOD INSURANCE RATE MAPS COMMUNITY N 120308.PANEL#0685 SUPFIX G, DATBDAPRIL 15, 2002. MAP NUMBER 12121C068S G CHECKED BY: BJP DRAWN BY:MAL FILED m: BDGEWATBRACRES #5 PARTYCHmP: LBP SURVEY DATE: 0313012006 SHEET 1 OF 1 . HPFILB: LOT 2&4 FDGEWATER ACRESNOMBER3.pro F'ILa 10SlBeulahL0t:s284.285Edgcwater Aares:5.mcd SURVBYTYPE: BOUNDARY AND SPECJFIC PUIlPOSB FLOOD ZONE CLASSIFICATION . ,..19 .,. SOl003'OO"E l25.00'(p) Cl'-O-f;l~ SOl.03'56"E ~SJ)1~flJ:s~'r;~?.OD.'fM). _.~~.. _.. '!!.7'!!? lOO.02'(C) I to< C "l N Co "" I.-~- ~~ ~~ ~tl ~ ~ ~~ o-~r ~ ~ 'LJ to< C "l N Co .... 6' WOOD FENCE SOl.03'OO"E 125.00'(Pl O,~ SOlo02'43"E l25.06'(M) t>1~ SURVEYORS NOTES: 1\ BEARINGS AND DISTANCES REFER TO PLAT OF RECORD n&JS~-WW.Jll,oN~ON TIIEREOF ~=~WRtroO~~filli:5 SURVEY DATE ~~~RJW?ID't€>VIDED J>--' 'RANCE COMPANY PERFil. '19-1126290 ~i:- ~~ [~ ~ I I ""y,~ ~~~ -.~~~ ~ .~0;"" ~ ~~b:l l ~~i ~~gj EASTLINEOF __ __ J:!!T 278.::L _ ____." ~::'<:Cl t:~~ ~ LEGAL DESCRIPTION: Lots 284 and 285, REPLAT OF EDGEW A TER ACRES RBSUB-UNIT 5, according to the plat thereof as recorded in Map Book 23, PageCs) 162, of the Public Records of Vol usia County, Florida. This Plat Is Certified To: I) First American Title Insurance Company 2) Tony Pawlak and Hope Pawlak 00 >-< l~ll li~~~~~ ~ 11:: ~. m ;e: >< ~ 0 ~ ~ ; "~"' i::--- (5"'t: ..~ I<'li!':, ~E~ ~ :z~ ~ ~.; ~ ~ ;~ ~ ~~ ~re~ ~ ~~ 'Q~~;> 00,>: ;.~~ ~ ~~ ~:!J~ oes ~ ~ ~ ~ ~ E ~ ~ ~ ~ 00 ~ ~ ~ 00 ~ >< o lI;l ~ ~l~ ~ .... ~ ~ ~l E~ ~ It;;~ ~ liJ ~ ~ ~5;~~i ~~n~ ~Z::;~ >' ~h~ ~~U~~ ~2l~d n?:l~o-< ~~~~ aB:~h~ ~~~ffi~~ nu~~ o i',1!il01 ~!il 2:l 0 fil :>- S~?: ~ SUBJECI AREA UBS IN FLOOD WNE 'X" (ARIlAS OF MlNIMAL FLOODINU) PER FEDERAL EMERGENCY MANAGEMENT AOIDlCY FIRM FLOOD ZONE DETE.R1m{E[) BY SCAUNG FROM FLOOD nfSURANCE RArn MAPS COMMUNITY II 120308,PANEL#068S SUFFIX O. DATED APRIL 15. 2002. MAP NUMBER 12127C068S 0 LBQRNDANDABBllEVL\noNS: DENOTESFENCB :X-x.-x.[ WM-WATEP..ME'IERI Ac-Am.CONDITIONERI PH""fllUlHYDRANII CATVooCABLBTEI..EVlSION/ FND-FOtJNDI PlooPOINTOFnttERSECTIONI EF-ENDOF FENCE! RES-aBSIDENCEJ CONc>oCONCllE'I'FI CW-CONOl.!'IEWAlJfJ m-cONCDRIVPJ CB-cONCl.ETEsWCK/ CM-CQNCRETBMONOMENTI A-DELTAI JlooRADIUSI L-LENamt CRD-CHORDI Li1"-UOHTPOLEJ __NQTSUBSTANTIATEDBYPIELDMEASt.lUMENT/ ~ {l':'-PLATI (D)-DEHlY P1l.M-PEllMANBNTmERHNCBMONUMENI1 ClL-CENI'ERLtNPJ OIIJ-OVEaHEADU'I'ILIIY1 P!P-POWEllPOUiJ Fc-fliNCB CORNERI CU'-cHAn'l'UNKI'ENCBI IP-lRONPJPV R-llADIAlJ (C}-CALCULAlEDI P,t..-PlLOPER.TYLINEJ JJW-lUGHT..QF~WAYI m-tDENl'IFICAnOW FP....nAMBI (PlQ or (rROrPll.OllATBDI (NR.)-NON lUDJ)J) mkOo<IRON'AOD.QID CAPI PCP-PEll.MANEN1' CONTROL POINTI Navo-NA'IIDNAL GEODEtIC VEancAL DATI.JMI USC&:GS-UNITED STAtES COASTAL AND GEODETIC stJR.VHY/ FLDNIl-FLOIUDA DEPAll'IMENT OFNAnm.ALRES<>t1RCESI CCQ.ooCOAErAL com-IllUCDON CONTll.OLLlNEl MHWooMBANHIGHWATFJU MES-MrIE8.ED END SECDONI INV-INVEllTI CMP-coRRUOAtED METALPIPEI JlCI'woRENFORCED CONCRBIEPrPE/TYP.-mrcAlJ 'I1!1.IM:HLHPHO tm-UNDBRGllOtJNDJ WN-WATPA VALVSI BD-Btm.DINGCOlrnBlI TBM-TEMPOllAllYBENCHMAllXI Po-POINIOFCURVAroRPI PT-PQINT OF TANGENCY! CR.I)ooOIOllDEL-ELEVA11ON1 JP-RADlUSPOIN'tf NRMH-NOAnIRlMMANHOUIJ MH-MANHOLH! GRD-GRADE! WII'-WII'NESsJ UfG-oUNDER.GROUNDI N-NOP..THI sooSOUIH! ~! W-WFSr! NLY-NOR.THE1LY/ SLYooSOtJ'I1reRLY/ BLY-BASIERLY! WLY-WB!rfEPJ..Y! CBW-cONCRJ!TBBLOCKWAUJ OR-oFFlCIALllBCORDBOOXl MB-MAPBOOYJ }>OooPAGEI SUBD.-stJBDMSIONI POB-POINl' OF BBGINNING' POO-POINTOF COMMEN'CEMBNr!..... PWS OJ-MINUS SKETCH PLAT-EDGEWATER-VOLUSIA COUNTY-FLORIDA FLAGLER AVE. (50'R/W) ~@~~~~~ c:l~~~~~~ ~'~"l';",tl ~~~~~~~ ~~~ ~~.. 00 - <> ~ ~ I I I i5a 1------42.0'------ 00 ....1 ~ "1 ~~~I c I ~I: :::; I CI ~ I ~ ~- _ - - --42.0'-- - - -- 1 I 1 SOl003'00"E 125.00' .!. 100.02'(C) '" '" I d; ~ ! ~ 49.0' ? ~ p. c..... . ..... ~? c..... ....~ !;j~ ~~ t:-< C ""'3 N Qc .... PROPOSED l-STORY C.B. RESIDENCE .~ '" '" 4.0' .... '=! ___ 5J.O~_______, d; ~ NOJO03'OO"W 125.00'(P) ~ lb c., I 00 I ~ ....~-\ "i I ~ I ~ ~I ~ "'~\ ~ I . I ~! 1 ~ og ~ "i "" ~ .... ~ "" "" ~ ~t:-. ~~ ;:ON 2:~ = SOl003'OO"E 125.00'(P) ~t:-. lr~ [~ it.... = r \ I =- * - CHECKED By,BJP SURVEYORS NOTBS, ~w:;.~lix,"lrwATERACRES *' /6;t;~~~Af8J1l~~riliES ~~~112007 2)DlSTANCBSSHOWNHBREON SHEET 1 OF 1 ARE IN FEET AND DECIMALS HPFILR:LOT284285 PROPOSED THEREOF BDGBW ATER ACRES 1lNlT' PRO 3) TIlE CERTIFICATION OF THIS lO"~BUUJILOTS2'4EDGIlWAT1! ~illwaRS TO TIlE SKETCH ~'~~PLAT & 4) LEGAL DESCRIPTION PROVIDED PROPOSEDBUlLDlNG IlY OWNER AND SPECIFIC PURPOSE FLOOD ZONE CLASSIFICATION LEGAL DESCRIPTION: Lots 285, REPLAT OF EDGEWATERACRES RESUB-UNIT 5, according to the plat thereof as recorded in Map Book 23, Page(s) 162, of the Public Records of Vol usia County, Florida. This Plat Is Certified To: I) First American Title Insurance Company 2) Tony Pawlak and Hope Pawlak SUBJECT AREA LIES IN FLOOD ZONE "X" (AREAS OF MINlMALFLOODING) PER FFDERAL EMERGENCY MANAGEMENT AGENCY FIRM FLOOD WNE DBTERMINBD BY SCAI..rnO FROM FLOOD INSURANCE RATE MAPS COMMONITY# 12030B.PANELN068S SUFFIX O. DATED APRIL 15. 2002. MAP NUMBER 12127C068S 0 LEOEND AND ABBREVIATIONS: DENOIES FENCE -X-X-X-l WMoooWATERME'IERI AC-AIR. CONOmoNERI FH--FD.EHYDR.ANTI CATV-CABLB l1!t.BVISIONI FND-FOUND/ PI-POINT OF INTERSECTION! EP-END OF FBNCJY RES-IUiSIDl3NCi!/ CONC-CONCRETEI CW-CONCRE'11!:WAJl(/ CD-CONCDRIVEI CB-CONCaEIEBJ..OC!fJ CM-CONClUilJiMONUMENtl &.DFJ.TAl R-RADIOS! L-LEN011JI Cl\D-cHORDr' l1P..umrrpOLE/ ~OT SUBSTANTlATEDBY PlELDMEASt.InMENTI {M)-MEASUREOI ~'r'f'LATJ (p)-DE:Bn' PJMool'BaMANENl'lUlPEllBNCEMONUMENTI CJL-CBNTERlJNBI 0IU-QVERBJj.ADUIUJI'Y1 PIl"-POWERPOLEl FC-FENCJ!C01lNHlVCIJ1-c:HADiLINX.FENCEI IP-nlONPIPEI R...RADIAlJ (C)-CAl.C1JLAtED M~.PllOPER'I'YUNEI PJW-PJ.Gl1I-OF.WAY/ ID-IDENTlPlCAnoN' fR-FRAMFJ (PR.)oc(PRO)-PR.OP.ATEDI (NR)-NON RADIAlJ m&C-IRONROD AND CAP/ PCP-PERMANBN'r CONTROLPOlNTl NGVDo-NAnoNAL OOODRTIC VERl1CALDAroMI OSC&Os-uNITJ::D STATllS COASTAL ANI) GEODBTIC SURVEY/ FLDNR-FLOll.IDA DEPAB..'IMENT OF NA11Jll.ALlUlSotlRCHSI ccct.o-COASTAL CONSnUC1lON CONT:P.OLlJN}!/ MHW-MBANIDGHWA'J."Dl MES-Ml1'ERED END SECTION! INV-INVERT/ OfP<OIlRUCJA'IED METALPIPE! Jt.CPo-REINFORCED CONCP.ETB PIPE! TYl'.-TYPICAU TELE-tEtEPHONBI UIO-UNDERGROUNDJ W/V-WATER. VJlLVFl Bc-BUIlDINOCORNHll/ lBM--TEMPOP.ARYBENCHMARKI PO-POINT OF aJRVATt.IIU!J PT-POINTOPTANGENCY/ CBD-CHORDEL-f!LEVATJOW RP-lVoDlUSpolNTl NRMH-NORmlUMMANHOLEI MH-MANHOLEI oIU>-GP.ADEI wrr--wtIlmSSI UJO-UNDElU]lU)UND/ N-NOmL' S"'-SOtmU E-BAST/ w-WBSTI NLY-N'ORmERLY/ SLY-SOumERLYJ FJ.Y-BASTmlLYl WLY-WBS1ERLYJ CBW-coNCRBTEBLOCKWAll1 Oll..()PFIClALlUICORDBOOKl MB-MAPBOOKJ PG-PAOEI SUBD.-st1BDlVISIOW POB"PQlNT OPBEGINNlNQ{ POC-POWTOFCOMME.NCEMENTI "'''PLU9 OllMJNUS SKETCH PLAT-EDGEWATER-VOLUSIA COUNTY-FLORIDA FLAGLER AVE. (50'RIW) SOl003'00"E 125.00' JOO.02'(e} .... !"> ~ NOI003'00"W 125.00'(P} ... :c ~ .... !"> ~ CHECKED BY, BlP SURVEYORS NOTES: ~WJ:,~~ATERACRES #s 1) BEARINGS AND DISTANCES ARTY CHJBP' LBP f(EFER TO PLAT OF RECORD SrarrCHDATE:08l2l/2007 2) DISTANCES SHOWN HEREON SIlOBT I OF 1 ARE IN FEET AND DECIMALS HPFILlU0T284 28' PROPOSED OF ~WATERACRBS UNIT 'PRO =~~~R?r~~~CH IOSlllEULAllLOTS284EDGBWA1ll PLAT DATE ~~iJW:'i'"j'?c~IPLAT" 4/vLEGALDESCRIPTIONPROVIDED PROPOSEDBUlIDJNO l' OWNER AND SPBCIFIC PURPOSB FLOOD WNB CLASSIFICATION 49.0' PROPOSED I-STORl' cn. RESIDENCE 53.0' SOl003'00"E 125.00'(P} .... c ~ .... '" '" 4.0' ----30.0'---- <::; '=l - ---30.0'---- .... c ".! LEGAL DESCRIPTION: Lots 284, REPLA T OF EDGEWATERACRES RESUB-UNIT 5, according to the plat thereof as recorded in Map Book 23. PageCs) 162, of the Public Records of Vol usia COImty, Florida. ,., "f:;: ",,0<"" ~gj~'1l~6~ ~ElE1~~~t:i ~l::t:~~lb ~~~:g;j~~ ~~~ ~~.. "" - Q ~ ~ I ~ -I>; ~ ~ "" ~ >< t:I ~ n- .., l'l I t:I ga I fQ I ~ 00 ",I 0 ~ ~l ~t-< Z 0; ~I til e I ~Q 'I 0"" z .... i:~ 0 0 ~ I ~<A .., ..., ~ .... 2 I c i3 - I ~I 13 0 I ~ ~ I ~ 1 ~I g ~ I ~ .., ~ I '< ~ t ~ ~------42.0'------ ~ og ~I "" <A ~ ~I ~ ., ?- t:-< \~~ ~ ~I e'" . I . .... C ~~ .., :::;a \>11 ,,-,'0 ""3 ~ .... "'1 :.,.:g !'> ~I N ~z.. Cc ill '" "d t"'to '" ~ 2 ~I ~'::t> olO. g ~ ~ to,., ~ - I n c: ~ ~ ~ :------42.0'- -- --- "0 r.- EI t~T' .2) '" .. 2i gJ ~ ~ I ~ !" ,., OJ I ~ ~ ~ ~ t '" ~. ~ '" ~ ~ d ~ Q '" ~ ~ ; ~ ~ ~ ~ ~" ... f ~~ ~ ;> ~ ~ "0 ~ Z [~ ,; .. -~ ~ ("l :i; It'" <> ~ :>l o 0 = '" I. ~. l;; ~ ~ ~ e- ,. ... ~ '" t n ~ ~ t:l 0 ~ "" ~ i< 0 ~ ~ ~,~ ~ .... t!'i ~~("'j,;:: . 2 - ; U . ... il>l~ .::;: (~ .... ~ ~ r ~ This Plat Is Certified To: 1) First American Title Insurance Company 2) Tony Pawlak and Hope Pawlak I.ROP)tD^ND I\BBlUMA,'IONS: DtlNonts PI1N01.X--X-XA WM WATIlRMlmUV AC .All\CQMOrrtot\1UV JIll PIIU!lIYDRAN'J'f CJ\TY CAHLII11UJ\VISIOt'\f Io'NI> IIOUh'Ol PI POINTOPlJI.T1tR.'UtCTtoN/ltlI' I!NI)O(o' IIt~lJ IUtsJUlSIDHNCfIl' CONC -CONClUnW eN CONoomt WAlJ(} CO :Of'.;C OIuvtll CB CONCRtrnl AJ.OCK/ Od CONClUrnt MO:-nJMICW A.JJlu'1'N R. MDIUSI I.. u~anIl CRD ClIORDI IJl'-UOm POUV' . -NOT SUBSTM"TlATIIO BY 1IlllJ"J) MltASUIU!MIWl'1 (M) MUASUlUtD/ (P) I'Lhl'l (0) oOUIUJ( Pll.."d Plt1lo\'lANllNT RR1l1tRJlNClt MONUMI!N7Y en. CHNllOUJNW DIU Ovro,RlntAD tmLrrvl I'IP POWltll POUt! PC PliNCUCORNltlVCUI C1tAlNUNKI'IINCI1I It' lIU)/'iPIPJlJ R MOW; {C) <:Al'cu[.h,,1D1 P}t.'P1\OrllRTYI.1N1V IVW RImrr-OIl-WAYI ID IDlIN11.lIIC/l.l10N! FR. lltlAMlV (I'R.)III"(pRO) PP.OAATntDI (NIt) -NON UOWJ lR&C .IRON ROD ~D CArl PCP .pURMhNI!N1' CON1'1l0t. POINTI HOVlJ NATIONAl. C'riIODln1C VJ01TJCAL D^TUMI USC&GS u~mID STAnt! COhSTAI'. AND QliODlrrlC SUllVL'Y1 (llJ)NR I(lt,ORlDA DJl.PARTMJ1NT OF NATURAl. RHSOURCRSI CCCl. .cOASTAI.CONSTI\UCJONCONTROI.I.lNJIJ MUW MIlAN IlI011 WAl1tlV MI'.8 MmllU!D Jl.ND sucnOHlI.'N INvr~TI eMP CQtUWOAl1lD MIrrAI. 1'1P1l) RCP-4UIlNFORCIiOCONCIUm!PlPnfTYP.-TYPfCAI'J nu.lt It'IifJ'UONllI WO UNDHllcm.oUNUi WN WAltUt V/'J.VPI Be BUtlJ>\NOCORNHRJ' Tl3M lJ1~l\AR.YBI1NCllMARKI PC I'OlNTOI1CURVA11JRHI PT-POINTO'TANGllNCYl cno...cLI01tJ) IiI. IUJIVA'I1ONI IlP RADIUSPOTN'17 :'IIRMI1 Non.nIRIMMANUOIJ!I M1l..MANIlOI.JV OItD-(lRADLV wrr wmmsS! UfG.UNDrnuJR.OU~'O/ N-NOR'I1V S S01Jl11J n ~Wl'Tf W-W11!IT1 Nl.Y JtiORllUmJ.YI SI.Y'SOI1I1ffi1U..YI HLY-MSTlilU.YI WLY wnS1tttU.YI caw CDNCIUrrUBl.oCKWAlU Olt. OrnClAJ.1UICORDBOOKl MB MAP BOOK! 1'0 PhGlll SUBD, 'SUBDIVISION! POB .POINT 01' BnOlNNINO/ I'OC .poINT mt COMMl!NCI!M1tNT u~;~~~nun ~lll~~~,,~~~~~~ hU~znl2UI ~~a~~~s!E~~I~ ~~M~"~;~h~~a U~~~~"~lil~~~V o}~~i~a~;><"'~ ~s~~a ~~!:: oil" h~lil~ ~~~ ~~!;i ~~~lF~ ,~~~ ~~ ~.I'l a t!~!;1 ~~ h~ihiU;~U h~~n~~~~~~g a"'i U~~ 6 ~ Ii ~ ~~ i~ ~ ,,~ ~lil,,~~a~ " ~ lil"~" '" hhg~~H"~~ae ~~@~i~U~la~1l ~~~ffi~&~e~6h~ i:: ~I~ ~~"!:II P! ~ ~ ~ ~~. ~ II ~ ~ ~ ~~o 0 a .t: " ~ ~"~ ~ ~z~~h~~a~U~ ~ ~~ ~ ~ ~ ~ ~ U i ij ~~~iU"h~g2 ~~j~"~~~~:lll~ ~~~~~~~~~~h ;~i~~81~~8!'.; ~ h;j~,.2~~M !ll i!~ iI '" ~ ; -< tj ~ tl ~ ~ o ~ Sl ~ ~ ~ ~ = o S ~ '" I', --- .~ ~ ll;~~~)lll ~ ~rg~I*~I;~1 ~ ;<;) : ~;":><: 0 eo rl U)1',./1"--4 . ~ I'~ () fa ~ ~ (jl. z :;;. ~ 'Z :~ ; ~ 'r. ~ ~ ra '" ~ ~ Q ~ ~ ~ . ;.- 1 t"' ~ Q ~! ~ ~ ~ ~ "" ~ >-< '" "W o ~l ~ I.. ~ ~ \. '" ~ I ~ ] ~ ~ SUBJHCT ARM UP.8 IN il'LOOD ZONH "X" <ARRAS OF MINIMAl. Jo"'LOODlN"G) PHR. F1IDHRAI. HMHROHNCY MANAOHMBNT AGENCY FIRM [If.DOD ZONI! DJITBRMINBD BY SCALING llROM FI.QOD lNSUR!\NCH RATH MAPS COMMUNrfY 11120308, PANBl. U0685 SUiiPIX 0, DATBO APRIL IS, 100'2, MAP NUMBI!R 12121Ct)68S0 BOUNDARY SURVEY~EDGEWATER-VOLUSIA COUNTY-FLORIDA '" '" fF ~ ~ '-l ;;:- ~ '" -........ -;. BASIS OF BEARiNGS N91"03'OO"W(P)(M) 459.94'(M) 460.00'(P). . ~:i':~~ c '~ 5.0'" i:I:!iatj NO/C03'OO"W 360.00'(P) . RlW N0.1c02'38".W 359.96:(M). '" o"'~ ~8~ "''''' l-< ;;1'>1 <::> "'~ '"1 ~Q ~ ~~ '" ~ !">'>1 ~b .. Iil~:~ . . ~~ ~\;i~'~ ~ 0000 ~;:s e. ~J: B6 ~ ~~ ~~ i~li~ ~~ o!:;l .& ~'" ~t=:l H~~ ~t;; ~ . , , , ~'-J.: ~0t ., ,. :.([:~: ~ :.' ~):;~~::l ;~:;:: :;~ I - :: ~ ,..;- E:~~ '>:~ \ --- .-- ..::::'..:.-.:: J,L!1rJil " - gr~:.: -CLN:;Jy/gSfS ",t;;~ l>l'>:", ~'" ~~ ['" :5t:. ~ti if..., I~ ~/--- ;?J'r "~-_.. CltHCKlillI3Y: BJP DRAWN' BY: MAL F1LlID IN: HOOHWATHR ACRliS liS PARTYCltu!l':LBP SURVHY OATH: 03/1on006 srmHT 1 OF 1 IIPPl1.J~: Lot 240 Hdgowfllor ^~ No ~.IW: kU~~~";~rtat)~~Aiycd AND SPHCWtC PURPOSU FLOOD ,.-.oNE CL..ASSlIlICATION SUR VHYORS NO'l"US: I) BtiARINGBARH AMBO ONTIlH P..hS1'HRI.Y RIOIIT -Oil-WAY LINB OF RU111 DRtVH SllOWN ItHRHON /IB SO]003'OO"H 2} BHARfNGS AND DISTANCES RHFER TO PLAT OF RHCORD 3) DISTANCBS SIIOWN t1TiRHON ARH IN FHIIT' AND DBClMAI.s TI m.RliOll 3)TtIH CHRTWICATION Oll TillS SURVHY RHFHRS TO 11m l'nil.D SURVHY DhTB 4) IJ<<JAI. DHSCRIPTION PHR IlIRb'T AMHRICAH """~B lNSURANCH COMPAI'iY F1J.HIJ 1251')0 LEGAL DllSCR1PTION: Lot 24<)0,,1241, REPLAT OF IlDGEW ^ TER ACRES RESUB UNIT 5, accordiog to map recorded in Map Book 23, Page l62. Public Rccords or Volusia County. FI01ida ~ ;l-=~ \ .... ''1 ~1i;~, "" '~I ~MI '" I 1 I I I I ,?:I Sill 511 ~: "I 01 ..." ~I ~ I I I 11\ls Plat Is Certified To: 1) First American TW. Insurance Company 2) Tony and I lope Pawlak JJt WOM{DABBRfiVlATlONS: DI!Namsll1~CU .x-X-Xd WM WATIm.MlfnatJ AC AlIlCIDIOmONlOV m"l'IRItIlYDllANTf CATV CABlJtnnJ!V1SIO~ Jlt\"D FOUND' PI POINTOl'INTltRSHCTIONl Hl' BNDOF I CTV RJts "iUtslDlt.'lCliI CONC -cotlourrn/ CW CONoumlWALKI CO CONCDIUVIV CB CONCRlmtln.oCKJ CM CONCRR11iMONUMI1NT1 A_DPJ..TN R.-<<AOlliSl r..I.llNGllV CM CrlOIlDl Ill' olJOlrrrOlJ1I 110 arSUBSTANTIA'MU>BY l'lltl.OMMSUllilMW\'T/ (M)- Ml'.ASUlUUlr' (1') PIATt (0) DlnmI PRM PIIRMANBNTIUWHRIiNCltMONUMItm'1 C1. C1.M1UUJN1V 0f1J OVlUUmADl.J1'llJTYI PIP .POWliRPOUll VC FUNCllCQJlNHlVCJl'.CtlAlNfJNKl'llNClV lP IlRONPlPrv' Il..RADWJ (C) CAI.cut.AnIDI Pn. PROPltllTYIJNHI R/W-1ll0lIT-Or...WAYI ro IDfiNTDflCA'MONl l'R PRAMllI {P1Q.x(pRO)"PROlATI1!DI (HI -NON B.J\DIA1J IR&C -IRON ROD AND CAPI PCP PliRMANILNTCONTROr. POINT; NOVO KAnaN!!.I. QHODlITIC VltRTlCAI. DATUM/ U.'tc&QS 'lSNmUJ STATIIS COI\STIJ.ANO QllOOlmC SURVlNI (l'J Nit .I'J.oRlOAOltPARTMlMQ1l' NATUl\ALRllSOURCl.1SI CCCI.COASTAI.COI';STR.UCION CONTROI,UNI!! MlIW MltANIIIOlt WATWlJ Mlts. MrruR.1ID ttND SltCnONlINV..1NVIDlTI CMP-COlUWOh'nlD Mlrr!\1. p ltCI' :IU1INFORCnoCONClllrmPIPFJTYl'. .TYPICAlJ nllJl-'t1Ul'rlONlil Wo-.uNDllROROl.."NOI WN'WATIlR, Y^,.VHI BO '9UII.DINOCOIlNP.lV TBM-,UMPORARY9UNCUMA.R.KI l'Ct'OINTOl'CUll.YATUlUIJ PT .p(IINT01'TANOllNCYI CRD.cIlOl"lDlU. fUJtVATIONI RP-RADIVSPOI/'frl NIl.'I;llt ~OR.mJl.IMMANlIOIJIJ MU'MANtlOl.llJ OR[). GRAOlV WIT .wn'Nl1.SSI U/(). VNDl1JI..OR01..'ND/ N -NOR-TIll S-S01J]1U I! fil W- wrlSr/ NI.Y NOR'f1ntRJ.YI SI.Y ..sOUTIllllU.Y/lil,Y"1iASl1UU.YI WI.V .WHSTlIRLYI COW CONCRlt'l1iBI.oCK. WAUl OR,. OIIf1lCW,lU\cORD BOOKl MB MAP BOOKJ PO i>AQPJ SU D. -BUlJDIVlSlONl 1'08 POINT Of! Bl!GINNiNG' POC-POI:-rt" 01' COMM1!NClNHNT ~~~;~~uUln~ f.l~~.9~91""~~ ~~ o ~~~~~~~;~ ~~ ~" 6i:l;;@~ ~oh ~@ p y.~ ~.. gs~~n~!~:;~i~ ~~~~~~.i~~~~~~ a~~~~~~~e!~"i'J ~~U~~!~;a~;~ J~~f.l~~~~~n~~ ~~I!a~h~~~~ i~E~ $~~~~~" ~e~~J~~~~~~~2 h!ijr,~~"ll~ ~g ~~~ ~~E~~~~~~ l:!~ >~ ~a ~~~ ~~~~~f.l~@2~~~;l ~it~W~~"~~~~~1 11l1.~~ildhh ~~h ~a~~~@~@ =n[;l~~~ ~f.l~f.l ~!i!~~~~hu~ i~~h~~~~~~i ~i~~~~~~gi~~~ "f.l ;:~~~!~ !:'~~ ~~. jj.;,~ ~ ~~H h~~~!l~~~~~~ "y.lh8~~~8\!~ ~~ ~~~~~UM~ ~ '. ~ ~ f.l ~ ~~ ~~ I::l t--'l ::s e I;:j ~ (;} ~ 1iJ ~ o >-:I ~ I ~ I r~~:~:t~. ~ ,ll.~?t~6~' I ~ I.~\m; I~;H;~ l>g ~ ;t:t "",0 ",,0 'IlogJ ~ (;.;j ;" ~c:::"''"<1~, . \l:; . o 101. m.....><: tJ I II!) ;:; ~ 0-"0 (:I' C 't; ;l> 0 tt1 "'1; "J l \15 ~'l z "tJ l~'! ~~ II, ;t.;1;- 1(;1 Ill~ ~ c' ~ t;l \igg ~' ~ ~. ~ ~ ~ ~ ~ ~~ .. (,) ta '1;;1 ~ ~ ~ ~ ~ tj i ~ ~ ~ 'Tj "d '1 s:: 3:;g Q g. ~ ~ ..-=.1 a lijn~i 11 ~Him I. t~raraG; ~ r ~Iun ~ . ;'j~~~~ ~ ~ ~,~(jg1~~~ ~ t;J f;J~~~~~~ ~~ ~~ ~m ~ ~." >- 8\1.~ ~ ''"<1 !E( ~ i; '"" 1~ SUBJECT ARUA UliS IN 111..000 Y..DNB T (AllliAS Oil MINIMAL FI.aODING) PHR FHDHRAL BMI'iROBNCY MANAOBMHNT AGENCY FIRM PLOOD Y.QNH OKTHltMtNBD BY SCAUNO IlROM \lIOOO INSURANCB RATI! MAPS COMMUNITY 11120308, PANI-!L /J068S SUF(lIX O. DATED APRIL IS, 2002. MAP NUMBl1R 12127C068SQ '" - . Gl l~ - I;j "21~~~ . '" : ~ ;~ ",:~ "2 ClU!CKUDBY:BJP DRAWN BY:BJP pn~lIDlN: lIDOHWATBRACRl:iS liS PARTYCIUHJl:.N1A SKJrrClI OATH; 08/2on.OO7 SIIHIIT 1 ot' 1 I IPPOJi: LOT240 RHPLi\ T HDOHW ATHR ACRBS UNIT S PROPDSHD RBSIDHNCltpro FIUtLou.'241 HdgawatlXAcr0s5SkcLcb PlalomodSURVHY TYPH: SKETCH PI.AT AND SPRCIFIC PURPOSH IfI.ODO ZONH CLASSIPICATION AND PROPOSUD P,HSIDHNCH SKETCH PLAT ONLY-EDGEWATER-VOLUSIA COUNT'Y-FLOIUDA RUTH DlUVE (40' 1YW) SOi003'OO"E(P)(M) NOio03'OO"W(P) 425.02'(C~_.. 24. 98'(C) t:~ggl / ~~~rl Q ~"':lViI ~C)c ~>-;~ ~ I \ \ -+-- ,M[ EA.SEME~'J- - -- -==-~W ' 3' arILIl '~7P~ . ----'" _--~WD-.831E) '\ i I... KJJ~\- I I I 1 I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I ~ ~ ~ ~ ~ 00 ~ .......... ..;;~ "'~ ~~ '-.; '- '- .... \0 00 D LOT 241 (Not included) ~ 00 ~ .... ..;; ~~ ~ .... <::> ~ ~t-< ~~ -"-> """ f}"-> ~ J SUR VHYORS NOTI~: 1) BHARlNOS ARH BAS lID ONTlm HASTIlRLY RlOIIT..QIl-WA Y I.lNH OF Rl111[ DRlVB SIIOWN WmHON AsSOIl103'OOHU 2) BIiARINOS AND DISTANCHS RHFHR TO PJJ\T OF RBCORD 3) DISTANCES SllOWN 1 IHRUON ARB IN FKIIT AND DECIMALS TItHlillOll 3) TUB CHRTIFICATION Oil nns SUR VUY SKBTCII DArn 4) IJ~OA(. DESCRIP'nON PROVIDBD R V CIJENT 10.5' r ~ ... ~ r..i; <;:> ~ .... .... ~ ~ ~ .Q 10,5'-~ \ \ \ \ \ NOlo03'OO"W SO.OO'(P) ! ! I I 1 I I I ~ ~ ~ ~ <::> <::> r r I I I I I I k H7i' i., 1O.5'~ IljIJ' 1'.'0 . ~~ r:~ ~ b'l:~ ~Ht'l ~~c:;; ~:,~ ., H ." '..a! .~ ~~. ~ 10.5' ~ \ \ \ \ \ LOT 2.iJ{) , ,~ , '0 t\ \0 N C r \ \ \ 6,31\2.25 Sqfl 0.145 Acres \ ~ _t-< ff~ -"-> ~~ -& , ---...* L1l0AI. DllSCRIPTION; Lot 240, REPLA T OF HDGEWATBR ACRES RESUB UNIT 5, accordinglo map recorded in Map Book 23, Page 162. Publie Records or Volusill County, Florida " R/W ~ eo ~ r..i; <:> ~ .... "-> .... C, 'I ~ ()~~:;;:(j~(j f5t-'SOof5(;~ ?:l~~~~~t;J \::J.. C;;j - \::J "" ~~~~~~Q ;.-.~;.-.~;:.,: -'. ~":!8~~ ~"- ...~~ D~ G'i w '. ;.-. :;;: .... 00 ~ ~ ~ ~ '" i ~ :~8 ::<'"-j "-w ~~ ~ -.... -- ~ a t.~ ;;ro ,,"'l ~~ f}.... ~ 1---- This Platls Certified To; I) First American Title Insurance Company 2) Tony and Ilopc Pawlak LEGEND ANDABBlUMA.TIONS: DENOlES FENCE -X-X-X-I WM-WA'ID.METERJ Ac--AIllCQNDmoNERJ PH-PIREHYDIlANl'I CATVooCAllIB TELBVlSroNl FND-FOUNDI PI-PO!NrOP OOElUECTIOW Ef-END OF FENCE! RES-RESIDENCEI OONC-CONoumY CW-CONCRET6WAU:J CD-CONCDlUVEI CB<ONCltEI'SBLOCJ<l CM-cONCllBTBMONUMENTJ 6-DEtTAJ R-R.ADIUSI L-UNC1IHI ClID-CHQJtI)f LIl-LJcnrrP011!l t.wNOT stmSTAN'l'IATBD BYFIEIJ>MBASUllEMBN'r1 (M)-MEASUREDI (P}-PLATJ (D)-DEEJ),' PR,M_PEJlMANENTUFEll.ENCBMONIDfENTJ CJlJ-CEN1ElWNEI Ql{M)VE1UIEADum.rIYf P/P-POWHRPOUY pCwfENCR co:RNE1V CLF-CHAIN LINK FENCIV IP-mDN PJPBJ J.-R.ADIAlJ (C)-CA.LCULATEDI P!L-PltQPERTY LINBI MV-RlOHT -OF-W AYJ ID-mENTJF1CAI1OW FR.-FR.AMPI cPR) or (PRO)-P&ORATTEDf {NRrNONR.ADIJJJ lR&c-mON J.QD AND CAPf PCP-PEKMANENT CONl'ROLl'OINTI NGVD-NA1IONAL OBODETIC VEllTICALDATUMI USCkGS>-UNm:D STATES COASTALA.W GEODETIC SURVEYf PLDNR-R.ORIDADEPAllTMEN'I QFNATI.1llALBESOUllCBSI CCCV-COAstAL CONSD.UCION CONTROLLtNEI MHWtoMEANHIGHWATEPJ MES-oMl'l'ERED END SBCI1ON1lNV-INYHRT/ CMP-COIUtUGAtED MBTAL P.lPPl R.CP-RE:OO'ORCEDCONCllB'IEPIPElTYP.-TYPlCAIJ 'IEtE-'IEU'HONBI Ula-uNDI!RGROONDf WN-WATERVA!.VJJJ Bc-BUILDINGCOnmv'ISM*TEMPORARY:BENCHMARXI PC-POINTO:FCUllVAnJREl PT-POmOPTANGENCYI CRD-CHORDm..-EtEVAl'IONI :fU'oolADrosroINT/ NRMH-NOll.TIiMd.MANHOLBI MH-MANHQt:S/ G~F1 wrr-wrrnBSSI UlG-UNDERGROUNDI N-NOll.TIV S-SOU1W e-EASrl W..wJ3STJ NLY-NORIHElU.Y/ SLY-SOU1HE1U.Y/ ELY-EAS1ElLYJ WLY-WESIERLY! CBW-coN'CRBmBLOCKWAU) OR-omCL\LlECORDBOOKl MB-MAPBOOKJ PG-pA{JF} SUBD.-stJBDIVISION/ POB-POINT OFBEOmNINGJ POC-POINT OF coMMENCEMENl' HUI~nn~u ~~~~~I~~~I~;~ unhU!I;U h~~..8~~ ~ ~8~~ H~~iUi~;!U ~p~a~Oa~~Z~a ~~~~~il~!;i~~ 2~$ha!aE~h~ !~E~U"~~~Uij ~e~1<~~hS~~~>: hl~~t~U~d a~>~~~1i>~~>:~1 i~~~~h~~~h ~~~~:Ii~H~iU ~~~~Iin~;~~~ ~hl~i~;hp~ ~u~~~~li~~~~ ~8=8~E~~~h~~ i~j~~~;~aUU O~!J~ll~~~~~g~ ~U~~h~~a~~ ~~ij>!~~~~h~{; ~~rJ~~~~~~:m~ m':~I~z~r~ll~ ill~Uhhh ~ ~~ ~ 0 ~!i~ 51 l'" t;: U I:i ~ n l;l I:i i o z l'il z o .., ~ ~ == o ~ ~~~Il ; r' I 7_ > [\~~\~~ IE[g ~ ~ I " ~q 0\><:1 ...,~ ~ ~ '" e. f3l;!':.-< 00 ..... CIl 00 '-I ~ ~ [iJ ~ ~ ~ ~.. ~ Cf.l ~ ~ ~ Cf.l ~ .-< ~ ~ ~ ;;J ~ ~ ~ ~ ~ z ~ ?d 0 > '" C f;J ~ t'""' '" Cf.l t'l I:i is o ~ ~I 1<' >< o i\ ~ ~ SUBJECT AREA LIES rn FLOOD ZONE 'X" (AREAS OF MINIMAL FLOODlNO) PER FEDERAL EMERGENCY MANAGEMENT AClBNCY FlRM FLOOD ZONE DE'I'EIlMmED BY SCALING FROM FLOOD INSURANCE RATBMAPS COMMUNITY #120308.PANEL/#06U SUFFlX G. DATED APRIL 15, 2002. MAP NUMBER 12127C068SG SKETCH PLAT ONLY-EDGEWATER-VOLUSIA COUNTY-FLORIDA RUTH DRIVE (40' RIW) SOl 003 'OO"E(P)(M) NOlo03'OO"W(P) ~ 25.02'(C)(M) 24.98'(C) ___ ti:> "->,,,00 I ,-,>0.,0., cOo~1 ~~Vt ~"::i0;, ~0~1 ~.....- -b .~ ""{Gl "It .r" . ~ :12 , : b; ~ Co ~ ."" ..... 0; :ij 0 ~ . .... ~ "" ...., !'" ..... 0 ~ ~ ~ ~ ~ CHECKBD BY: BJP DRAWN BY:BJP FILm> IN: EDGBWATERACRES #s PARTY CHIEF: N/A SKETCHDATB: 08l'lOnD07 SHRBT 1 OF 1 HPFIl.E: WT.240 'REPLAT HDGEWATERACRES UNIT ,. PROpOSED RESIDENCE..pro F'ILE:Lots,241Bdgewatc:rAorcs5Sketch PlatmcdSURVEYTYPB: SKETCH PLAT AND SPECIFIC PURPOSE FLOOD ZONE CLASSIFICATION AND PROPOSED USIDENCE RIW- NOl 003 'OO"W 50.00'(p) 1 0.5' I I I ~ I I <:> I I .~ ~ ~ B~ ~ ~: : II I ____J~i3ff 16.0' 10.5' flb~fl~O ~~6~o~ ~;;2~~~ti1 '. "!"3 :-00 U,~~tl:Ii~'- ~d5~ ,'. u,,,,<:::> ~...:C2 D~ Q u, '. ~ ~ U, 0\ 00 0 ~ ~ C2 ~ ~ 0\ o <:::> ~ c5 '-'> ~ D ~ 00 ~ ..... 0; ~ ~ '-" ..... ..... ~ '<> 00 ~ fl ..... !';~;g ..... !'" .. ~I.,~ y, 0 ... 0 ~ t3~<:::l '" ~ ~ li:j"" ~"'<~ hi ~ 0., ~ ..... c;; 01 ~I ..... . "-> i :-' 0- ...., ~ ~ 00 J: ..... 0; o ~ ..... "" !'" ~ ~ ~ ~t-< sa ,,"'" ir~ ~'O ~ I I . 29.U' 10.5'4 -+ 10.5' I I \ \ \ \ \ \ \ LOT 241 \ 6,616.32 Sqft 0.152 Acres 1- ~ 00 I .;... ~ I ~ \ I \ \ I \ I I - I \ _..--,- -- \ \ _- _--r-- \ \ -- 83W----t- < ~ EA.SEMEN2:- ~ :: .;no~7~cD.lL- : 3'VTILJ~_- _~ - -6i"07"lD-O:J.i' i :ID~..P- I I I I I I LOT 240 . (Not Included) I I I I I I. I ~t-< ~a ,,"'" ~~ ~ ~t-< ~a ,,"'" E"'~ ~u, ~ ~t-< ~~ -"-> "..... ~..... ~ ... * - SURVEYORS NOTES: l)BBARINGS AREBASEDONTHBBASTI!RLY RIGlIT-OF~WAYLINB OF Rurn nRIVE SHOWN IlERBON AS SO\'03'OO'E 2) BI!ARlNOS AND DISTANCES REFER TO PLAT OF RECORD 3) DISTANCES SHOWN HEREON ARE IN FEET AND DBCJMALS THEREOF 3) nm CERtlFlCATION OF TInS SURVEY SKETCH DATE ~'l.EGAL DESCRIPTION PROVIDED BY CLIENT LEGAL DESCRIPTION: Lot 241, REPLAT OF EDGEWATERACRES RESUB UNIT 5, .ccordingto map recorded in Map Book 23. Page If'" . 'l-,lic Records of V olusia Coun . Florida This Plat Is Certified To: 1) First American Title Insurance Company 2) Tony and Hope Pawlak CITY OF EDGE wATER POST OFFICE BOX 100 · EDGEWATER, FLORIDA 32132-0100 ....e. ,,"" 4tA c/' I....ALI",' . Mayor Mike Thomas District I Councilwoman Debra J. Rogers District 2 Councilman Dennis A. Vincimzi 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 July 20, 2007 Marcia Barnett 3301 S. Ridgewood Ave. Edgewater, FL 32141 RE: Pawlak/Beulah Drive property Dear Marcia: This correspondence is in response to your e-mail transmittal received by this office on July 18,2007 regarding the above-referenced property. After careful review of this request, staff has determined that there are several significant issues regarding the propos~d lot-split. The issues include, but are not limited to, the following: . Both proposed lots would need a variance from the required minimum lot width of 75-feet; . Several existing corner lots in this area have -a minimum of 100- feet in width; . The proposed westerly lot woqld also require a variance to the required side corner setback of 30-feet; . A variance would be required from the minimum lot square footage requirement of 8,625 square feet. . A variance would be required from the side corner lot minimum of 40- feet from the intersection of the right-of-ways. . Per the City of Edgewater Land Development Code (LDC), the sewer line would have to be extended to the property in order to develop it regardless of lot size. Please be advised that the property owner may. request the variances from the LDC, however in light of the considerable number of variance requests and the Planning and Zoning Board's repeated public disapproval of creating new non-conforming lots, staff would recommend denial of said variance requests. CITY MANAGER'S OFFICE (386)424-2400 at #1202 104 NORTH RiVERSIDE DRIVE FAX (386)424-2421 or 424-2409 . . . . If there are any further inquiries regarding this matter please contact this office or the Development Services Department at 386-424-2400. J;~lY' Jon'C. Williams City Manager CC:'Darren Lear, Development Services birector