Loading...
06-19-1995 " ----- o ~q Order Cou cilman Hatf1eld Councilwoman Martin Councilman Hays' Councilman Mitchum Mayor HaYman AGENDA CITY COUNCIL OF EDGEWATER JUNE 19, 1995 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, ALLEGIANCE INVOCATION, PLEDGE OF 2. APPROVAL OF MINUTES A. Regular meeting of June 5, 1995 3. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) 4. CITY COUNCIL REPORTS 5. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public hearing Ord. No. 95-0-06 Amending section 19-1 (Utility deposit, service charge and transfer fee) B. Public hearing on Davenport/Rio Casa development agreement C. First reading Ord. No. 95-0-08 Comprehensive Plan amendment: D. First reading Ord. No. 95-0-09 Rezoning 6. CONSENT AGENDA (None) 7. OTHER BUSINESS A. Authorizing borrowing road improvement project funds based on best rates between bonds or bank loan as of July 19 B. Resolution of 1994-95 collective bargaining agreement impasse with Coastal Florida Police Benevolent Association C. Consider cancelling, or relocating, regular Council meeting of Monday, July 3, 1995, due to Volunteer Fire' Assoc. setting up Community Center for July 4th activities 8. GENERAL CITIZEN COMMENTS/CORRESPONDENCE 9. OFFICER REPORTS 10 . ADJOURN. All items for inclusion on the July 3, 1995, City Council agenda (or July 17, 1995, if July 3 meeting is cancelled) must be received by the City Manager's office no later than 4:30 p.m. Monday, June 26, 1995 (or July 10, 1995, if July 3 meeting is cancelled). Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record of the proceedings is made. r i, r -- AGENDA REQUEST C.A. NO.: 95 -65 Date: June 9, 1995 lir PUBLIC HEARING 06/19/95 RESOLUTION ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Public Hearing Ordinance No. 95 -0 -06 - Amending Section 19 -1 (Utility Deposit, Service Charge and Transfer Fee) BACKGROUND: Ordinance No. 95 -0 -06 which would allow credit refunds of utility deposits for owner - occupied residential property was approved on first reading at the June 5, 1995 Council meeting. Notice of the public hearing was published in the News Journal on June 9, 1995. RECOMMENDATION /CONCLUSION: Staff recommends that the City Council consider adoption of the attached Ordinance No. 95 -0 -06 with an effective date of July 1, 1995. FUNDS AVAILABLE: ACCOUNT NUMBER: (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES XX NO DATE: June 5, 1995 AGENDA ITEM NO. 5A Respectfully submitted, Concurrence: K ri to A. Storey Geor e E. McMahon City Attorney City Manager Attachment ORDINANCE NO. 95 -0 -06 AN ORDINANCE AMENDING SECTION 19 -1 (UTILITY DEPOSIT, SERVICE CHARGE, AND TRANSFER FEE) OF ARTICLE I (IN GENERAL) OF CHAPTER 19 (UTILITIES AND SERVICES) OF THE sv CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR CREDIT REFUNDS OF UTILITY DEPOSITS FOR OWNER- OCCUPIED RESIDENTIAL PROPERTY UPON REQUEST AFTER ESTABLISHMENT OF THIRTEEN SUCCESSIVE MONTHS OF GOOD CREDIT; DEFINING GOOD CREDIT; ESTABLISHING THE REQUIREMENT FOR AN ADDITIONAL DEPOSIT AND SERVICE CHARGE PRIOR TO REINSTITUTION OF SERVICE IF SERVICE IS SHUT OFF AFTER THE CREDIT REFUND IS APPLIED; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. It is appropriate to give a credit refund of utility deposits for owner- occupied residential property upon request after the owner has established thirteen successive months of good credit. 2. Good credit shall be defined as no service shut off or penalty for late payment during any successive thirteen month period. 3. An additional deposit and service charge shall be required if subsequent to application of the credit refund, service is shut off and a request for reinstitution of service is made. Such deposit and service charge shall be in the amount applicable to new customers at the time the request for reinstitution of service is made. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDMENT OF SECTION 19 -1 (UTILITY DEPOSIT, SERVICE CHARGE, AND TRANSFER FEE) OF ARTICLE I (IN GENERAL) OF CHAPTER 19 (UTILITIES AND SERVICES) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Section 19 -1 is hereby amended to read as follows: Sec. 19 -1. Utility deposit, service charge, and transfer fee. (a) The city shall require a utility deposit and a service charge before water or sewer service(s) are initiated to any equivalent living unit in the city. The utility deposits and err Struck through passages are deleted. Underlined passages are added. 95 -0 -06 1 service charges required before the initiation of service are: Utility deposits: Residential service: Water service only $ 45.00 Sewer service only 45.00 Water and sewer service 90.00 Nonresidential service Two times average monthly bill, but not less than residential deposit Service charge 10.00 Such deposit shall be made by the property owner and the bill for utility services shall be in the property owner's name at all times and shall remain with the city w.Lthout interest. For customers who have paid a deposit and were receiving service prior to June 1, 1991, and which have been disconnected for nonpayment of utility bills, the city may request an additional or increased deposit equal to the amount shown above as a prerequisite to the reinstitution of service. For transferring a deposit from an existing owner to new owner on the same account, a five - dollar transfer fee shall be charged. These monies shall be invested and the income derived therefrom be used in the operation of the water and sewer system thereby helping to keep the rates for said service to a minimum. Except upon receipt of a request for a deposit transfer or as set forth in subsection (b) below, the city shall Nay retain the deposit until a request for termination of services is received. At such time the deposit amount shall be applied to the final bill. Any amount remaining shall be returned to the property_ owner. However, nNo refund checks on deposits shall be issued for an amount less than one dollar ($1.00). (b) Upon written request on a form provided by the Finance Department, the owner of owner - occupied residential property may request that a credit refund in the amount of the utility deposit be given after establishment of thirteen (13) successive months of good credit. Good credit shall be defined as no service shut off Norm Struck through passages are del::ted. Underlined passages are added. 95 -0 -06 2 and no penalty for late payment during any successive thirteen (13) `"— month period. Such thirteen month period may include time prior to July 1, 1995. Upon receipt of the written request by the Finance Department, the credit refund shall be applied during the next possible billing cycle. An additional deposit and service charge in the amount set forth in subsection (a) above shall be required if subsequent to application of the credit refund, service is shut off and a request for reinstitution of service is made. PART B. CONFLICTING PROVISION. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code Now of Ordinances of the City of Edgewater, Florida, and the word "ordinance" may be changed to "section ", "article ", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. PART. E. EFFECTIVE DATE. This Ordinance shall take effect on July 1, 1995. PART F. ADOPTION. After Motion by Councilman Mitchum and Second by Councilwoman Martin, the vote on the first reading of this ordinance held on June 5, 1995, was as follows: Ifter Struck through passages are deleted. Underlined passages are added. 95 -0 -06 3 Mayor Jack H. Hayman, Sr. AYE v••••• Danny K. Hatfield AYE Vice Mayor Louise A. Martin AYE Councilman Mike Hays AYE Councilman David L. Mitchum AYE After Motion by and Second by , the vote on the second reading of this ordinance was as follows: Mayor Jack H. Hayman, Sr. XXX Councilman Danny K. Hatfield XXX Councilwoman Louise A. Martin XXX Councilman Mike Hays XXX law Councilman David L. Mitchum XXX PASSED AND DULY ADOPTED this XXX day of XXX, 1995. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor APPROVED FOR FORM AND %ft, Krista A. Storey City Attorney '0rr► Struck through passages are deleted. Underlined passages are added. 95 -0 -06 4 AGENDA REQUEST Date: June 12, 1995 PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS June 19, 1995 CONSENT AGENDA OTHER BUSINESS ITEM DESCRIPTION /SUBJECT: Public Hearing on "Davenport/Rio Casa" Development Agreement First Reading of Ordinance 95 -0 -08 /Comprehensive Plan Amendment First Reading of Ordinance 95 -0 -09 /Rezoning Agent/Contract Purchaser - James "Buddy" Davenport Owners - Calvin H. & Lucy S. Griffin saw BACKGROUND: Attached is a proposed development agreement that staff has negotiated with the applicant. The agreement provides for the construction of 14'_multi- family dwelling units on a 1.70 + acre site located on South Riverside Drive.! The agreement also includes language that commits the City to amend its Future Land Use Map and rezone the property. Two ordinances are attached. Ordinance 95 -0 -08 will change the subject property's future land use designation from "Low Density Residential" to "Medium Density Residential ". Ordinance 95 -0 -09 will rezone the property from R -1A, Single Family Residential to R -4, Multi - Family Residential. On May 31, 1995 the Land Development and Regulatory Agency (LDRA) held a public hearing on the agreement. The LDRA failed on a tie 3 -3 vote to make a recommendation to the Council on the agreement. Minutes from the meeting and the staff report are attached. w. RECOMMENDATION /CONCLUSION: Staff recommends that the Council consider approval of the "Davenport/Rio Casa" Development Agreement and ordinances 95 -0 -08 and 95 -0 -09 on the first reading. FINANCIAL IMPACT: No Impact FUNDS AVAILABLE: Account Number: Not applicable (Specify If Budget Amendment Is Required) PRESENTED BY: Mark P. Karet, Director of Community Development PREVIOUS AGENDA ITEM: YES NO XX Date: Agenda Item No. Respectfully submitted: Concurrence: 4 , dim j �cc Mark P. Karet George Ibf'cMahon Director of Community Development City Manager P Kris - A. Storey City Attorney c:\wpwin\mpk\crb.req • ORDINANCE NO. 95 -0-08 AN ORDINANCE CHANGING THE FUTURE LAND USE DESIGNATION OF THE EDGEWATER COMPREHENSIVE PLAN FROM LOW DENSITY RESIDENTIAL TO MEDIUM Iwv DENSITY RESIDENTIAL FOR LOTS 4, 5 AND 6, BLOCK 4, RIVEREDGE ACRES SUBDIVISION LOCATED ON THE EAST SIDE OF SOUTH RIVERSIDE DRIVE, SOUTH OF BOSTON ROAD; PROVIDING FINDINGS OF CONSISTENCY; AUTHORIZING THE AMENDMENT OF THE FUTURE LAND USE MAP; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. James R. Davenport submitted an application for a development agreement which included a change in zoning classification from R -1A (Single- Family Residential District) to R- "' 4 (Multi - Family Residential District) for the property described below. To be consistent with the comprehensive plan, the subject parcel now designated as Low Density Residential on the Future Land Use Map should be changed to Medium Density Residential. 2. On May 31, 1995, the Land Development and Regulatory Agency considered the application for the development agreement and as the result of a 3 to 3 vote was unable to arrive at a recommendation in reference to the requested change in Future Land Use designation included within the development agreement. 3. On June 19, 1995, the City Council considered on first reading the proposed change in the Future Land Use designation. 4. Pursuant to Section 163.3187(1)(c), Florida Statutes, on XXXXX, 1995, the City Council held a public hearing to consider the change in the Future Land Use designation after publishing notice of such hearing in the Daytona News Journal on XXXXXXX, 1995. NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN FUTURE LAND USE DESIGNATION. The Future Land Use designation for the following described property is hereby changed from Low Density Residential to Medium Density Residential: I"' Struck through passages are deleted. Underlined passages are added. 95 -0 -08 1 Lots 4, 5 and 6, Block 4, Riveredge Acres Subdivision, as recorded in Map Book 9, Page 260 of the Public Records of Volusia County, Florida. "wrrr PART B. FINDINGS OF CONSISTENCY. The City Council specifically determines that the approved change in the Future Land Use designation is internally consistent with the policies and objectives contained in the Edgewater Comprehensive Plan, specifically Policy 5.2 of the Future Land Use Element which addresses the buffering of low density residential areas and Policy 5.3 of the Future Land Use Element which addresses the location of higher density residential uses. PART C. AMENDMENT OF THE FUTURE LAND USE MAP. The Director of Community Development is hereby authorized and directed to amend the Future Land Use Map of the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the Future Land Use designation for the above described property. PART D. FILING WITH THE :DEPARTMENT OF COMMUNITY AFFAIRS. Pursuant to Section 163.3187(1)(c)2, Florida Statutes, the Director of Community Development is hereby directed to report this action to the state land planning agency as required therein. PART E. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this Now ordinance to the extent of such conflict. PART F. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. Struck through passages are deleted. Underlined passages are added. 95 -0 -08 2 PART G. E`TIVE DATE. This ordinance shall take effect upon adoption. PART H. ADCy'':_:'.ON. *.r After Motion by and Second by , the vote on the first reading of this ordinance held on June 19, 1995, was as follows: Mayor Jack H. Hayman, Sr. XXX Councilman Danny K. Hatfield XXX Councilwoman Louise A. Martin XXX Councilman Mike Hays XXX Councilman David L. Mitchum XXX After Motion by and Second by the vote on the second reading of this ordinance was as follows: Mayor Jack H. Hayman, Sr. XXX Councilman Danny K. Hatfield XXX Vice Mayor Louise A. Martin XXX Councilman Mike Hays XXX Councilman David L. Mitchum XXX PASSED AND DULY ADOPTED this XXth day of XXXXX, 1995. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Krista A. Stor T City Attorney Struck through passages are deleted. Underlined passages are added. 95 -0 -08 3 ORDINANCE NO. 95 -0-09 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM R -1A (SINGLE- FAMILY RESIDENTIAL DISTRICT) TO R -4 (MULTI- FAMILY RESIDENTIAL DISTRICT) FOR LOTS 4, 5, AND 6, BLOCK 4, RIVEREDGE ACRES SUBDIVISION LOCATED ON THE E2.3T SIDE OF RIVERSIDE DRIVE, SOUTH OF BOSTON ROAD; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER ACCORDINGLY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERAF3I LITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. James R. Davenport submitted an application for a development agreement which included a change in zoning classification from R -1A (Single- Family Residential District) to R- 4 (Multi- Family Residential District) for the property described below. 2. On May 31, 1995, the Land Development and Regulatory Agency (LDRA) considered the application for the development agreement and as a result of a 3 to 3 vote was unable to arrive at a recommendation in reference to the change in zoning classification included within the development agreement. 3. On June 19, 1995, the City Council considered on first reading the application for a change in the zoning designation. 4. On XXXXX, 1995, the City Council held a public hearing on the application after publishing notice of such hearing in the Iftwe Daytona News Journal on XXXXXXX, 1995, and notifying by mail affected property owners. 5. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 6. The proposed change in zoning classification is not contrary to the established land use pattern. 7. The proposed change in zoning classification will not adversely impact public facilities. 8. The proposed change in zoning classification will not have an adverse effect on the natural environment. 9. The proposed change will not have a negative effect on Struck through passages are deleted. Underlined passages are added. 95 -0 -09 1 the character of the surroundinc; area. NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning clas,sification fo:• the following described property is hereby changed from R -1A (Single- Family Residential District) to R -4 (Multi- Family Residential District): Lots 4, 5 and 6, Block 4, Riveredge Acres Subdivision, as recorded in Map Book 9, Page 260 of the Public Records of Volusia County, Florida. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEp`:TER, FLORIDA. The Director of Community Development is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, 'err Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEV;RABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this +rr.► ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. EFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion by and Second by the vote on the f.lr reading of this ordinance held on June 19, 1995, was as follows: Struck through passages are deleted. Underlined passages are added. 95 -0 -09 Mayor Jack H. Hayman, Sr. XXX Councilman Danny K. Hatfield XXX Councilwoman Louise A. Martin XXX Nor Councilman Mike Hays XXX Councilman David L. Mitchum XXX After Motion by and Second by the vote on the second reading of this ordinance was as follows: Mayor Jack H. Hayman, Sr. XXX Councilman Danny K. Hatfield XXX Vice Mayor Louise A. Martin XXX Councilman Mike Hays XXX Councilman David L. Mitchum XXX ` ` PASSED AND DULY ADOPTED this XXXX day of XXXXX, 1995. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Vice Mayor APPROVED FOR FORM AND CORRECTNESS: Krista A. Storey City Attorney Now Now Struck through passages are deleted. Underlined passages are added. 95 -0 -09 3 DEVELOPMENT AGREEMENT DAVENPORT /RIO CASA THIS AGREEMENT made and entered into this day of , 1995, by and between the CITY OF EDGEWRTFR, FLORIDA, a municipal. corporation, (hereafter "City ") , and JAMES R. DAVENPORT, (hereafter "Developer "). NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is a 1.70 + acre vacant site located between South Riverside Drive and the Indian River Lagoon in Edgewater, Florida, and its legal description is: Lots 4, 5 and 6, Block 4, Riveredge Acres Subdivision, as recorded in Map Book 9, Page 260, Public Records of Volusia County, Florida. DURATION OF AGREEMENT The.duration of this Development Agreement shall be ten years (10) years from the date of execution. However, the Developer shall apply for approval of a site plan for ten (10) single story multi -- family dwelling units no later than one year (1) year from the date of execution of this Agreement. The site plan must be approved by the Technical Review Committee in accordance with Chapter 4 of the Edgewater Land Development Code. Now 3 DEVELOPMENT USES PERMITTED The land subject to this Agreement shall be developed substantially in accordance with the conceptual plans and building elevations depicted in Exhibits A, B and C which are attached hereto and incorporated by reference. The project may be constructed in two (2) phases. Phase I shall include four (4) units and Phase II shall include six (6) units and the pool. The maximum height of the dwelling units shall not exceed thirty (30') above the base flood elevation as established by FEMA. Each unit will be provided with enough room to park two (2) vehicles outside the garages shown on the (agreemnt /devel.casa) June 13, 1995 1 conceptual plan. A Six (6) foot high privacy fence will be constructed along the north and south propert; lines. 4. FUTURE LAND USE AND ZONING DESIGN'zTION 'w`.r The subject property is designated Low Density Residential on the City's Future Land Use Map. The property is zoned R -1A, Single Family Residential. Pursuant to the application for this Development Agreement, the Developer has requested that the City change the Future Land Use Designation from Low Density Residential to Medium Density Residential and the zoning classification from R -1A, Single Family Residential to R -4, Multi - Family Residential for the property described above. This Agreement shall not become effective unless the City Council approves the requested Future Land Use Designation and zoning classification. The Developer agrees that if the subject property is not developed in accordance with the Agreement, the property shall be developed pursuant to the requirements of the R -1A District. PUBLIC FACILITIES No new public improvements will be necessary to support this project. 6. DEDICATION OF LAND FOR PUBLIC PURPOSES No dedication of land to the public is necessary. 7 . PERMITS REQUIRED The Developer is required to obtain the following local development permits: City site plan approval, City construction Nft. permit and St. Johns River Water Management District Stormwater permit. All local development permits shall be obtained at the sole cost of Developer and, in the event that any such development permits are not received, no further development of the pro;:,erty shall be allowed until such time as the City Council has reviewed the matter and determined whether or not to terminate this Agreement or modify it in a manner consistent with the public interest and the Edgewater Comprehensive Plan. 8. CONSISTENCY OF DEVELOPMENT: 4101" The City Council hereby determines that the development (agreemnt /devel.casa) June 13, 1995 2 permitted or proposed in this Agreement will be consistent with the Edgewater Comprehensive Plan and the Land Development Code of the City of Edgewater, Florida, at such time as the property described above is designated Medium Density Residential and classified as R- 4, Multi- Family Residential. As set forth above, this Agreement shall not become effective unless the City Council approves the requested Future Land Use Designation and zoning classification. 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with the those permitting requirements, conditions, terms or restrictions, and any matter or thing required to done under the existing ordinances of the City shall not be Now otherwise amended, modified or waived unless such modification, amendment or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived. 13. AMENDMENT: This Development Agreement may be amended or revoked after compliance with the public hearing provisions cf §163.3225, Florida Statutes. APPEAL: If the Developer is aggrieved by any decision of any City officer interpreting the terms of this Agreement, the Developer shall first file a written appeal with the Secretary to the Land Development and Regulatory Agency (hereafter LDRA). After receiving the written request, the matter shall be placed on the next available LDRA agenda after the appeal is received. If the Developer is aggrieved by the decision of the LDRA, the Developer shall then appeal to the City Council. The appeal shall be initiated by the Developer by filing a written request with the City Manager for placement of the issue on the City Council agenda. After receiving the written request, the City Manager shall place the matter on the next available City Council agenda after the appeal is received. "`r' (agreemnt /devel.casa) June 13, 1995 3 12. PERFORMANCE GUARANTEES: Should the development site be sold to an individual or corporation, the purchaser of the site shall be required to develop ``ter. the :ite in compliance with the terms of this Development Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Development Agreement. 13. BINDING EFFECT: The provisions of this Development Agreement, including any and all supplementing orders and resolutions, and all final site plans, shall bind and inure to the benefit of the Developer or his successors in interest. The provisions of this Development Agreement and all approved plans shall run with the land and :shall be administered in a manner consistent with the laws of the State 'ftr of Florida. 14. RECORDING: Pursuant to Section 163.3239, Florida Statutes, within fourteen (14) days after the City enters into the Agreement, the City shall record the Agreement with the Clerk of the Circuit Court in Volusia County. The cost of such recording shall be paid by the Developer. A copy of the recorded Development Agreement shall be submitted to the state land planning agency within fourteen (14) days after the Agreement is recorded. In addition, Section 163.3239, Florida Statutes, provides that this Agreement shall not be effective until it is properly recorded and until thirty (30) days after having been received by the state land planning agency. 15. PERIODIC REVIEW The City shall review the development subject to this Agreement every twelve (12) months, commencing twelve (12) months after the effective date of the Agreement to determine if there has been good faith compliance with the terms of the Agreement. If the City finds on the basis of competent substantial evidence that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. (agreemnt /devel.casa) June 13, 1995 4 M ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORID By: Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor APPROVED FOR FORM & COsRREC=E Ste.: Krista A. Storey City Attorney James R. Davenport STATE OF FLORIDA COUNTY OF VOLUSIA I hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared James R. Davenport, to me known to be the person described in and who executed the N foregoing instrument, and he acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and Stag last aforesaid, this day of _ , 19 Notary Public State of Florida at Large My commission expires: Noy (agreerf:nt /devel . casa ) June 13, 1995 5 ....or" ' low 1 ',..1•1;:. , f . ..;i . 'ir , P) • •,..; N• •,.• • .4! i •••:'Y'''' •i'• . 'r • ...Ie. ........iv. ... lt,..' if ., '(••.AT.J.4.1,1 , . , 1 ,....., , . ..• , "I'2,1j! .., 440;'; 1 ,,, iti,, ',1 ,,.:.., .4,, 1 ' : • 1, ;0', V"1 4 1 • I •' '' 'Fli4wo k'll .. • .14 71 4 - 1: .::E -..,-,‘..':',..,... '.t.' ''' 'J' - ,,, , ,,t$,.?Ir..i• kly,!',4'.' c , --„,...." ../ r;,..,;(P',';'; '''.,' el k .,,,,,,,,,,, ,,,,,..; ,....• . . 'likt.I.AL' , rci'. . , ., ,,,, 41•,;'icf.4.,.. ..,..,,,': • „.,4 , , , ,, , ..,, , , , ,i, , , t, • '$ • , ,,..., r. it , . 1'4 ' .11 1. . :-. . " i :. :}:' : t'. l'., Af , ,j`G" , t4 A ' '1. • .A.1 .1 . (ri) .A. e r ' It ! AA ' V t .44,•'0Y,..A(' • .: , „' . : ,...4,,,.. '.. ,. :1:,1.,..1,:c,',,.1,,, ... .i,''''.7i, „ i IP • it„ 'I'" ':4' 'ii' ; ' 4 —. --- 1 .. '''.':;. '4 k .7, 1 '. 4 fi , ' i r ,} i^, L., '! ,`," jk(.,„' .,t;i01',,11:• i , ^• ' .',,, 4.11,1) • ',,*,,,Iti 1..t.44.{ffri4, 1 9111 • A.J1,4.11 i••■ ' • Or ':' ,14. , Ivili 1 1 , 1 , i , .. , . , , .1, f ' ' ,!. . ; , i i . , 4 ' '.■ , 6 ' ..., iht7i , 4 ' g',,,1. .'r.i4V, l'4 lgfl 1 i• ''.(0,,,.. '',,..ft\'''4, / 1 r r t,4; di , 'M, ....' !, 1 .... , I l'? ,:,,(:„.,' :': "•,,,' ' ",.0.4,, , ./...;1, . P4 ' , A 17`,"• .1;'1..j,,r fr :ilk "''.. :1 ; it'e.0,..; :';, 'r . l'',. , 41. 'ii.' .."''''''' . • ,. .:._.. , 1 ' I ,'' -..;:- • .; ','.! , • 5fri - ';`1, , .... I**1 .,, dif2'-... .., . - .•,', : '1 • i ''' . .....,. .. ,,trr ( 1.:..if ' • 1 ‘ ,. 'I •' ,(.0,111.-41",.44 vat..._.«.. . , ,I ( * 441 ,.,.... , ': 1 • ii . . 4, .• ,• • ,,. _..._ — . 9, T4 , 4 . 1 . ..:..,-;'•`. .ti' .. . .1 ;ik,' - 1 '44., ,,',..: ' ..-, CI ' i :1 l'I'?, ,i,1,;,A; , 1 , ,,p. , 1 N 1 11 1 11ft3' • l',41. (^..' i.■ ' ' ' ! ..,' W!, '''., ' * 0 4,r/( 4 , ( ii , .. , .. 1 , 1 . 1,,, 14 ?.. I 4. t• ri(.:i, i,t..e,7i, ,, ,.py..-. 1 ...„..,. ,‘ ,,,,,, •.i.ti:, ,I • 1 , 1 )„ • ... ..,:„, ,f..: •!,,..... r 1 I 1 P '' ... it p ' ■ I i 4 , i , ','' • ''L,:t 4: ',4i 1 4. f 0 J 1 i I 1 + *;.. .,.'( ■' ,.. ... ..., . , ,, ,pt,rAq ,) . . ., i .. i r. , • '1 ' ''''. ' . ' " '''' ,, • ,•t .4 ,,.: , .)..t, .'$'1 ., : , ,', 7 :.,.., J'.. 4 1 ';,'" '''..'"•: " , ,;,•., tii,,',' : , i` 3 ),■‘• ii51. 1 :. :P \ 1,!...C.se 1 ,„' , :, 4 .1 ,, ,',.',„J"ji. ,.,.,,•' i I ' L —, ''.■;;I:i'..i. , • 1 1 1 .rif ) ' i ii, ' " **•1 t ... -i- 1 T . .. .. • ,!.• 11i, t,. j,i i, i0 ..i L. .i , ,;,,I ,. i.,,,,t,'"ii.ii ,,.:..4.••' . ' ' - •: -- , t , i % : ii 'i : ' '' t • Ak r . 1 P 7 ; , . , I 1 fi'. .r.' 1 ' ! '.; ti4 . ., 1,, . . . ..' '... h4; . ..a.V,...':‘,!...:::..1 . ,' ' ;. ,k1f1■10.q4.11 I : 14 ' • ' Ii t'ii, . , ! 11 .,;,:,(w . ii. : :i .. P Al I:. SI .• ' ... • fl. ; 1, A ,.. ' ''' A .. ., ' IA:L . .---:—.J [N).i., 4 .. ' ....:".;',.. . ' 4 1 . ....?#•tfi ..Pi • P , . ,.,:........,,,,,,.r.,, . ..,,.. ... •. 41104 . r •.. • , • , ' . ' t: ', . T.: ,f'14 • . ' ''.. I , , (i • . .11 ...-'.. : .; ' '. ..._, ., ...r..-- v • .• ': , .., l I'll . ;1. . 0 I I, ' C iY ' ,1: : , , ,,, , .• • ' 1 ..,.?(,, l' r , ,- : : . ii '' . .. ' : c . ... i ,. . . \ : : , ,,." :t:i , i 4 , ,: ' : l' ,'" ,:,,, ::: ; .. , ..' 1 .."' ; s ."' ' :' .: 4 ' . : ' . - . .t , ' : : .'''' :: , . .• 1,, , k . . , ,.. ,,l ,, r 1 ., A.. .., 1, , •, , :p . ,..; . .'.:. ,. '' 4._ ko 1 1 1 ,4' '. -.,, . I tt.. : I 3 1 . , ;;r, ., ...... .i: • . ,. I ;;',',V: r. ,..'s 4, i 1" . ,.';`, . • '....' ...' 4 if '4' 4,- • 0 1r . '" ,, .),, ft , t3, •• ,. f$ .4,1:.. ,ir:kor, . . •,...—..41Z1it, I, ..;.■ '. ' :••••"' . . . fe.IJIM # 1, i ji,,. . N.. "f• ■ • ,,i),, )0.dir, I ' ' I 'It lk i,' .),•„.4k „e.' '-' ' .41' •••, ,:•':. ...'...,A4.. '..1', 10 ---' 1. '.: ''', ti '••'',; ', ,,, .,..,: 1 '',,,.„ „.„:•,,,, .: , i ,!.•• ) 'i •-" • l' ' ,., A , 'y::•,, ',, 1 , i'.■ 'L — :i .. ;i:- ••■,'.'. 'Irl'f,: 4,01 L.1 . .1 I ' ,-----7 — '''■ ll ' L i 1 ' i '. V .1 . i Ail,i.: •; .' 1:1 \ ), .1, ..,,' ,.,.. Ny., .... , ,, , A.,,,.-.• ,..„. ,, 2 , 2 , • \ . ) 1J' I f. , :,',.,• ' ' 1 , ' /4.' ) ''. t: II .i`■,':■'...' ' ,, 'I ''',. . ' I. 40 i• ^ '''t ' O i ... I 1,, . ' 4 ' • V, .',, -.t. ii,,,,si.)•,,, , 1,. 1 .. ,.,. i .,,,, ,.:4 • k C •••, ":4. ... V,- ••! , t, i l' l'-' 11-17- 4 '4•"1, , '),■,:,. i l, ,Ic ' tr . .;:.'. ?„1. l."•11,00,,,•.. ..4i 1''' ' • 4, . r.: ,.:(, h . — 'i'l''.. 14 ',' __..1.;_ 0 ,f,s. 181. ,`,,:'.. .• _ , , ,,,,,./ . • t e•:,,.,1• 1 '.; , :, : •,1 • 1 1.,, , t , !., •••,,,,,,,,,:,, . - 1 , f • ., k (.$ ..,....:, • • tirg.',,i, , ,p, , •••.,,,,,1•: i)1 .• ': • ).,..-....!..!......... e ,. k.: ,•• . ...,......- / 4 I C l i 1 1 7 9 r A •• ' .il'. . .. A 1 ' ' • . •. .( " 'I: •...4 . - . .....0 L- ,, • - • • ' t . ..„,....., vow .f. • --, . -_ i .-„,. ) ) ti...,44-...! .... 1..L.: ... ; . • ' , 7 L. .-iz L-r ......., ,.,...:-.1,.., . . .. s i - 4 . ' ' 111,,1: -__ . 0,04VN .1 1,' " i j • . ' . •. ' 1. . % 11 ') . ; I W t ; . .' ,.. -• , ''' ' 44. 1 .. • ,''' ,..• , --1---, ', •, --N.\ • ■ ., .10 /A 4.0., '' .. [ - 1 '! 1 .;'.'", ',, ; : .' ' " sl ' / ' *) ''''i F• -,, . , , • . . . • / I 11 I „,),‘, ' 1 1 1 1 ..r.,.., - ily,..,, „ . .. . 4 : ' . " • il i i 41•40. .',.. . / ' 1 4`,:frel:'?,•'?? . ,, .: , .; • . ' .' 1 4 . ” WV ' f !'1',•!! '.e . . i . ' 1 41.'": " .1 1' 4)11 ;4.4 . • ! , - , 0'4 4'1,1, , 41,111 , ,r,c • ' . . , ' . • Lielc 1A . J ' r),•1/4i.0„';•,, . ,, .. 1 : • ' .. ' •r ', ist 4 i0,113:7 .. I I 't '' . ' t '''' "Ail!..ik:.■ , •,,,',.: i'.2 . 1 1 , • I • . 1 ;. ,c. , ,li , .. , ,$., ‘ , i '1,, „,,, . , . .., . ; . .. 1— , . • , ) •. ,.. ._,___ 11 __ . • ))),,,, ) .1` 1'4 lt,,,ii • • • , 1 5) lt,,h.., it., ,,,,,it.;,„si,, 4 !..,,,,...ii,,,,,..., - . .. . .,.. ,, .. ,• ..„ I I. ), , ),.1 f -1•4t ,ii.,.04',..t; . i . . . ,,,, . . ; • 1 , .f,,i..';'. 36.. , .. ..q.. .,. 1 .). . 1,9N- , , 1 ' - ` ,'•' /br:f.r1,110$1. . . :',.-...,,), • • . N , 1' I i , . 1 i 4: ...: , 14k iiiY.A6:11.1.1ii , . 4 ' 1 • . . . . .. . . . . $ 4 ' Al % o i t i . A , ,., , , II..4 , . ' . • '.. ; b i t .. • ` t ,, ,,;,,,, ,,, ,,,qi S\ , . , . , . '.' 1,,,e1 :,, sT, .:".1;r6. . • . lir . i' 1 -, ),ti . 4. 4 .'4 4 . , I . 1 •” yp, 4,,v.,,ii,, . ...,.. ....,v i., , ,iioil i i icit 1 - ' ,r, Clio. i!fr 4 , vs )).' \ \ 14",11t.111111.; 4 k /* , : :• ',.•.:'. ,. 1. . . "' : : .", .1 ,..„,:',•;.■ • : .. , • ,,,. „ , ' le•V'i;.,;',. • ) ) 4,•kl!,••■ 1'14 ( 41 )1 IV i'll . iir i''S' Ne / - Vi iii.;).1,-.$ ..... ,,t..t,, Iiivo . ..,i, .....,,, . , 1 ...... . ,..,..,,,,.,.. ,....,.,s. , _.._)---- . -; 1 _.:___,J . ---- :g-i .,. lei • 4 ......f. --) ii. k.; v . . ........... J.. , •..?..,;.,,,,. ,...,....,t • • , , . ,...L. .. 45 wii i s ,„.. s t , 1 ;/ i ! # a .•• ; ' I, : ' • . .■ •... ''', ','Itt/ttl.4;1144'1•4/4. • 5 , , '. ..4 '• ' Intit . II ;tit . .. . : •.;':',.;!' ' • 't ' ' 2 , r - ' ), ° '. I s • - •,Ptl k )V4. • ' '' ...,., i: t.. ....''). ...it f ' .. 7 ' 7 '''k ''',f -. .i'''V c'r c • - ip . ' ,, , " • r ei., '' '',..!i l •■■ l'..k...P.■./ .• e ., •' * ,v.I kb" ,,,,• , ,; t,,,?5; . , ' ..';''''' t • • 11:‘: • . .' • • . • ' ''A74:11414:11''',:r.74''61L • • A4 9 P ‘ 1 : . .. . . . . . ;, ‘ g :r..:5 ;4, . • 1 ... ,;., ... 0 4% A P':;(1 q "tifj:4)..r.:i..S.. I • • I • , . ',.1 ...', °•i / t t a ,'., • ' .: 0 ..r.. LI . 14 1 '''''i 't.t. '.:,,. fi'....';',`,•!„1.1,,,' • 1 " . ''' . ' r-- ' • . ''''''' ''' 1 kl: . 4‘t . 4' . "1 • 1";e,''S'VFP'1,'',.;.'.':,1 •, ,,, , •` k l . i . , - ;, - 4* .. . • ,. • "'• ,' : ' ... • . ,p 62 . '6.12' .:?' . ri :!,:;'1,1■Irp,',i,^1,4W: t,,,i1;,, . . • - ,''4 ,/' 1' '1, Y,',14.•., ' - ' , ' I Di 544 i 1 f .:"41t-;'.''',,t. rri . ' f • • • ' • '0 ' ■ 1' • ----. , i'.t,i.;s4 ',.N,,,?' 1,;.,•••.:,'...:riA',.,,#:;ti,..4,:' • , r. . • . ,.. 12 .j V \\V.00,, i :1 • , •• I . s '' - . . .. •, . •1 .. , ' ,. ' , : i •,',,‘,.::.., 2,•„..i). \ • .4' .' - • r" ----) •:. .4 , . . , 4 , \ 1--.1•;;; 0 :::,%,.■ •', .L. 4i.,, ■•'. - 0 4 -■•# VI, ',F,' ‘, ft.) :, \ i...;';.4,f,,..„.:-;,,,.....,41: . . . ..., .. , ,,.., , ..., •, ':',,,.• . . --- -- . 1 ,, ,:., . - —( ' . .,.„,,.) „ - . ...?..,'',....,,'. 1 It , n.:,..'.... 0 ; r '''''. : ' 1 . I / e ,,• -,',',.. '., ,i;1 ; : .4 1 .1i . r . ' ' . ' . • . ..- , L.._ . 1 --' Z ki •,1`•,?. • r ', ' ' .., ,i ,4.1.,,,I:i.....,.,t,,,,,,....4•.:...t. ..:6/,‘,1:..#1:.1:,..„6.,,..„...,.. yori:1 '' 1 t; 4 'y .4. ,I . • V ..)1' .•ori ”, .. tyff ) 1 44,,WIti'0' tt-144 1 1 . •?, 4 1.300'i , ) '`,: 7: 4: ,_, :., . I ri M1116 011 .. i: hz I 1 , . • 1 :.... :1„, ..4 ,: i",5 :"3:k';'..".i .•• 1, • ..i ' ..y . ••‘ v-, . • .., n, ,.....• 'N..: ', ' 1 . I . 1, ,.„ r'•• • . . -;? . • ,.....; vi.. , _,_,_,._____... ,. t 'L.,, ,■• I • .•, • • r, IP t.,? . c • 1 .___ • A ,t t, i ',..,'••• ', • '1;. '", ... . • =-*'' '- • 11. • ). '.! '..lket * / ,:■.• 1 . / , * ' '.. , . ' • - 7, - Th 1X A • 3 ... . . . .. i..., •„..4).,.., (.4,:,i,..1.,..:.: ,.:.:,..,„ • , ,4.1,,,,,,‘,....13.„ ,,,c,,...,,,,,,,,,, r •t,',.••- t •ii.....•.• ....a.) , •,. /.. 1 •!' .. . . , , • • .: f .., ' V., , i;',' ,t. . 0 ', ' - ,,,j1,' . 6 . :•'''',-,' '..,.,..,"J•J''., " ..3 'i•';•. t•'• • ' :•,'s'•' a '1,31, ;• i • .,.., .,6 l'i 5,, '41,,, z.t. ' I I f • i . ' '!"';:',' • ". 3 1),141p,r,Ne , ..*' 1 ,'3,,., 1 . 4 ' •,':''' . . V• , ',t.' V : '. , ft,;:t..,t 1 ,i,.;1, 1 *.'. .1 , I 401 1 • . I . i ' t,t, .. , .i'L;t1t:".', •,;,'' ko go"'Iqq,AV''':if''' r•,' : 1 i, l'I' .i . i l i ' - ' 1 ,' :..' \ /4 l. q. 1 1 . ',4! '' ,' ,. 1.1 1 •',.'4 fJ,. ..,'• ‘4 114.'74r, 1.40,..3 . I (.' 1 h ■ t' ; 1 C ''''' , t'' .' 1 44%‘:1 ,A •oi.:, v, il .4' ,'•., f ig; .:. . , , . . • . ,. •• , .,••:.: i , rr . ):•,., : igi t, . , . 1 ., - •• , . '•\ . , . '4 11 $ A , z•Itiii . 1. , , • ;•,. ,,,• . ii. ! %, I : '.:s..'.:.44., 11.7 ( • , ) '.j. il 1 5 1, , , • ) ; ' •3 • , ■••,.,0•, m+,. ,1,,, , . 1 , ' 4 0,,•11; : 1 1 , , t.4q1,7,1 s. • 1 • • riff .1 •,:', ;,.,2,.:,..N , , \ •,. -31, • , *.•• 1 1 .• i.,..t., . • ) 0 ,,,,i• . „,.• ...3; ,,,; . , A 0 /4. : •$'.,,' ;:;,.'•„:. r. ‘ t i' t , , ,..: : ,t ,..i il •• qFt . I e ;.• i 1 .,4 *,' / 1 1 i . , , ••.' i ,i,,1! I ',- / --- * * ....i__.....--.-L_...1 — J , I ;:/___....C ,... • t. 1 ; , -, ," j I, 131) a • : : ' , • t t*Z...‘ • ..`. !S t :,:,. ; ., , • i ',. tV Iri I&I. if ••• 1, . .t 47..• •- .- . ' ' ..,. - --.. i Y, • 1 ,..,t,„,, ...- - -,-./ ' , ',hi •,:, , Oc, • ', .0 , O , ,.., --• - 'Ok \' , .1 • .. --`..:.,..4..-. . / 4 .1 7 11 1 )( i •0 • • C ' • CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY REGULAR MEETING Wednesday, March 29, 1995 Chairman Fazzone called to order the regular meeting of the Land Development and Regulatory Agency at 6:30 p.m., Wednesday, May 31, 1995 in the Community Center of City Hall. ROLL CALL: Members present were Mr. Masso, Ms. Lichter, Mr. Moncure, Ms. Agrusa, Mr. Hildenbrand, and Chairman Fazzone. Mr. Garthwaite. was recorded absent Also present at the meeting were Mark P. Karet, Director of Community Development, Krista A. Storey, City Attorney, and Sondra M. Pengov, Board Coordinator. APPROVAL OF MINUTES: The minutes of March 29, 1995 were presented for approval. Mr. Masso moved to approve the minutes as presented, seconded by Mr. Moncure. The motion CARRIED 7 -0. NEW BUSINESS: DA - 9402 - Rio Casa Villas - James "Buddy" Davenport requested approval of a Development Agreement to provide for the construction of ten attached dwelling units, located on lots 4, 5, and 6 of River Edge Acres on the east side of Riverside Drive, south of Boston Road. Chairman Fazzone announced that this would be a public hearing then asked Mr. Karet to provide staff comments. Mr. Karet inquired whether there would be any problems with proceeding with the public hearing due to the absence of the applicant. Ms. Storey said as long as the applicant was properly notified there was no reason to postpone the meeting. Mr. Karet stated the applicant was notified of the meeting. A gentlemen from the audience said that Mr. Davenport notified him that he was running a few minutes late. The Board agreed that Mr. Karet's presentation could be heard. *,,,. Mr. Karet informed the Board that the applicant was provided a copy of the staff report. Mr. Karet then reviewed the "Draft" Development Agreement. He explained that the agreement provides for the construction of ten multi - family dwelling units. Mr. Karet said the project may be constructed in two phases. He said the agreement provides for an amendment to the City's comprehensive plan to change the property's future use designation from "Low Density Residential" to "Medium Density Residential" and rezone the property R -1A, Single Family Residential to R -4, Multi- family Residential. After reviewing the agreement, Mr. Karet gave the staff report. He said the applicant proposes to construct 10 Spanish/Mediterranean styled, single story attached dwelling units, with a value between $180,000 and $200,000. "- Mr. Karet stated the surrounding Future Land Use Map (FLUM) designations, zoning classifications, and existing uses of the area surrounding the proposed development. Mr. Karet then reviewed the Future Land Use policies that support the proposed FLUM change. Mr. Karet presented the seven standards for review of a small scale zoning change established by the Land Development Code. He presented staffs response to each of the standards. Mr. Karet stated that based on the findings he discussed, staff concludes the applicant's request is reasonable. He said staff suggests the LDRA favorably recommend the development agreement to the City Council. The applicant, James "Buddy" Davenport of 106 Grandview Drive. New Smyrna Beach. introduced himself then reviewed the history in the development of the Windview Townhomes. Mr. Davenport stated he feels the growth in this area warrants the type of development he is proposing. He then showed colored renderings of the proposed development and responded to questions from the Board. Now Ms. Agrusa suggested the Board set a time limit for the public to speak. After discussion the Board agreed to let the public speak without a time limit. Chairman Fazzone then announced the meeting was opened to public hearing. Mr. Edwin Vopelak, 2027 S. Riverside Drive - Mr. Vopelak strongly expressed his opposition to the proposed rezoning. He said he owns property 90 feet to the south of the subject property and said the proposed development would be detrimental to the area. Mr. Vopelak said the proposal is inconsistent with the Comprehensive Plan and that the criteria had not been met. He stated the rezoning proposal will triple the density of the area. Mr. Vopelak discussed, in length, buffering, water problems, increased traffic, sewage, solid waste, as well as several other concerns. Mr. Vopelak said the area south of Boston Road hasn't changed in 40 years and feels it should remain Single - family Residential. He also provided evidence to support his position. Mr. Vopelak reviewed each of the seven standards identified in the code. Peter Hellsten, 1717 - S. Riverside Drive - Mr. Hellsten stated he opposed the proposed project. He said the large scale intent was to keep Riverside Drive Single - family Residential. N Mr. Hellsten said the current proposal will downgrade the surrounding property. Mr. Hellsten said FEMA requirements will require the proposed development to be built very high, causing Land Development and Regulatory Agency Regular Meeting May 31, 1995 Page -2- drainage problems that will result in flooding. He expressed concern that the discharge water would be going into the river and discussed the water shortage that already exists. Ms Gerri Small, 1829 Victory Palm Drive - Ms. Small expressed her enjoyment of the view Noise while driving on Riverside Drive and would like to see single - family homes built so as to retain the view of the river. Mr. Murphy, 2008 S. Riverside Drive - Mr. Murphy explained he built his home on Riverside Drive 23 years ago because of the view of the river and would like to see the area remain single - family residences. Laura Reilly. 2101 S. Riverside Drive - Ms. Reilly stated she was opposed to the development, and said the area won't benefit from this development. Chairman Fazzone then read a letter received from Mr. & Mrs. Joseph G. Wilson of 2020 S. Riverside Drive. Mr. Wilson's letter said he was also opposed to the development. There being no additional discussion Chairman Fazzone closed the public hearing. Chairman Fazzone stated he was concerned with the density change from Low Density Residential to Medium Density Residential. Discussion followed between Chairman Fazzone and Mr. Karet involving buffering and the specifics that the applicant will be bound to under Nur the development agreement. Mr. Moncure asked Ms. Storey the manner in which the seven criteria is involved in helping the Board to make their determination. Ms. Storey stated that all criteria doesn't have to be met. The staffs recommendations to the seven criteria are only recommendations. Chairman Fazzone called for a recess at 8:30 p.m. Chairman Fazzone resumed the meeting at 8:40 p.m. As the meeting resumed Mr. Karet made additional comments concerning his statements regarding average property values as well as the effect on the character of the surrounding area and the impact on the infrastructure. Mr. Moncure requested permission to go through the seven criteria, one by one. Mr. Moncure's opinion was that criteria one through six were not directly related to the development agreement and that criteria seven "Whether the proposed amendment will have a - significant negative effect on the character of the surrounding area ", is of greatest concern.. Land Development and Regulatory Agency Regular Meeting May 31, 1995 Page -3- Mr. Masso then moved to favorably recommend approval of the development agreement in accordance with staffs recommendation and to send the agreement to Council. Ms. Agrusa seconded the motion. Ms. Agrusa clarified there had been "hard" evidence on both sides. She felt, however, the rights of the property owner are to be considered. A '11E vote of 3 -3 Nair was taken, resulting in no decision. Mr. Karet stated to the applicant, that since one Board member was absent, he may wish another hearing with a full Board. Mr. Davenport responded that he would like to proceed directly to Council and thanked the Board. After brief discussion Mr. Moncure moved to make no recommendation to the Council. Discussion followed and Mr. Moncure withdrew his motion. At this time Ms. Storey announced the next public hearing for the development agreement would be June 19, 1995 at 7:00 p.m. in the Community Center. She said notices will be sent if there are any changes to the date. Chairman Fazzone recognized Mr. Hellsten wanted to address the Board. Mr. Hellsten, stated his disapproval of the proceedings by the Board, saying that rebuttles should be heard. No'w' Ms. Storey commented that she took exception on behalf of the Board to Mr. Hellsten's allegation that the hearing was conducted unfairly. Discussion followed. Mr. Davenport took the podium and stated he thought the meeting was well run, and inquired what the 3 -3 vote meant. Ms. Storey replied it means no recommendation to the Council. DISCUSSION ITEMS: A. Community Director's Report None at this time. B. Chairman's Report None at this time. C. Agency Members Report Nor None at this time. Land Development and Regulatory Agency Regular Meeting May 31, 1995 Page -4- ADJOURNMENT: There being no additional business to come before the Board a motion was made and approved to adjourn. The meeting adjourned at 9:30 p.m. Minutes respectfully submitted by: Sondra M. Pengov, Board Coordinator Land Development and Regulatory Agency /smp c:\ldra1995\minutes \53195 Now Land Development and Regulatory Agency Regular Meeting May 31, 1995 Page -5- LAND DEVELOPMENT AND REGULATORY AGENCY INFORMATION SUMMARY low CASE # DA - 9402 PROJECT NAME: Rio Casa Villas APPLICANT /AGENT: James "Buddy" Davenport OWNER: Calvin H. & Lucy S. Griffin REQUESTED ACTION: Development Agreement PROPOSED USE: Ten attached, multi - family dwelling units LOCATION: Lots 4,5 & 6, East Side So. Riverside Drive, South of Boston Road AREA: 1.70+ Acres low EXISTING LAND USE: Vacant FUTURE LAND USE: Low Density Residential ZONING DISTRICT: R -1A SURROUNDING AREA EXISTING LAND USE /FUTURE LAND USE /ZONING DISTRICTS: NORTH: Riverview Landings /CommercialB -4 SOUTH: Single - family Residential/Low Density Residential/R -1A EAST: IntraCoastal /IntraCoastal/IntraCoastal WEST: Single - family Residential/Low Density Residential/R -2 "'' Applicable Section(s) of Code: Article 3, Section(s) 621 - 629 of the Land Development Code and all other applicable regulations associated with the Development Agreement process. /smp c:Udra 1995iinfo.sum\da9402 MEMORANDUM TO: Land Development and Regulatory Agency �'// FROM: Mark P. Karet, Director of Community Development I DATE: May 24, 1995 SUBJECT: DA- 9402 /Development Agreement Applicant - James "Buddy" Davenport Owner - Calvin H. and Lucy S. Griffin Request: The applicant wishes to enter into a development agreement with the City that will allow him to construct 10 multi - family dwelling units on a 1.7+ acre site. Background: The applicant is a contract purchaser of a parcel of land located on S. Riverside Drive. '`'' The parcel is currently vacant with very little natural vegetative cover. It has 300 feet of frontage on Riverside Drive and approximately 314 feet of frontage on the Indian River Lagoon. The applicant proposes to construct 10 single story attached dwelling units. Each unit will be individually owned. The applicant intends to price the units in a range between $180,000 and $200,000. The project is named "Rio Casa ". The proposed architectural style is Spanish Mediterranean. This style generally features stucco and tile. The applicant, Mr. Davenport, has a track record with the City. He is the developer of the 10 unit Windview Townhomes, located approximately 1,000 feet north of the subject site. The Windview project was constructed pursuant to a development agreement that was approved by the City Council in June of 1991. As some members of the LDRA may recall, approval of that development agreement was very controversial. Windview appeared on the LDRA's agendas four times between November 1990 and May 1991. During those meetings the LDRA heard protests from vaior residents of the area that the townhomes would bring in transients, congest traffic, and cause the property values of nearby homes to plummet. In fact 9 out of 10 of the Windview units are owner- occupied, the section of Riverside Drive south of Indian River Boulevard remains the most lightly traveled segment of the road, and the values of the single family residences in the area surrounding the 2 project have increased. In particular, staff has found that the assessed values of the singles family residences closest to the project increased an average of 11.8% between 1991 and 1994. Noy Land Use and Zoning: The subject property is designated "Low Density Residential" on the City's Future Land Use Map (FLUM). The "Low Density Residential" designation permits up to 5 dwelling units per acre. Because the applicant's site is 1.7± acres, the maximum allowable density would be 9 units (8.5 rounded up to the nearest whole unit). The site is zoned R -1A, Single Family Residential. The R -1A zoning classification further restricts development of the site to 3 single family residences due to the 12,000 square foot minimum lot size requirement in the district. The surrounding FLUM designations, zoning classifications, and existing uses are as follows: North The parcels to the north of the subject property have "Commercial" land use designations. Their zoning classification is B -4, Tourist Commercial. The B -4 district permits hotels, motels and fish camps as well as other uses. Hotels and motels are permitted to include bars, restaurants, and ° ''r" shops. as conditional uses. The and closest to the subject property contains 24 apartment units known as Riverview Landings. Just north of the apartments is a fish camp called Cameron's Fish Camp. South The parcels south of the subject property have "Low Density Residential" land use designations. They are zoned R -1A Single Family Residential. These parcels contain single family residences. East Immediately to the east of the subject property is the Indian River Lagoon. West The parcels west of the subject property across Riverside Drive have a "Low Density Residential" designation. They are zoned R -2, Single Family Residential. The minimum lot size requirements in the R -2 district is 8,625 square feet. Single family residences are located on these parcels. „100, Analysis: Paragraph 4 of the proposed development agreement provides for a change of the subject property's land use designation from "Low Density Residential" to "Medium Density Residential ". The "Medium Density Residential" designation allows up to 8.0 dwelling units per acre. The same paragraph also states that the property will be .ti 3 rezoned from the R -1A, Single Family Residential to the R -4, Multi- Family Residential zoning classification. The following analysis addresses both proposed changes. Conformance with the Comprehensive Plan: Section 163.3194 of the Florida Statutes requires that all development actions within the City must conform to the comprehensive plan. The following policies support the proposed FLUM change: Future Land Use Element Policy 5.2: Intensive commercial and industrial land uses shall be buffered from low density residential areas. This will be accomplished by locating less intensive uses in between... The "Medium Density Residential" designation proposed by the applicant will form a transition to the "Low Density Residential" designation to the south. Future Land Use Element Policy 5.3: Higher density residential development shall be designated for areas adjacent to more intensive land use such as commercial and light industrial. The subject property is located immediately adjacent to lands designated for commercial use. Zoning: Section 604 of the Land Development Code establishes 7 standards for the review of small scale zoning changes. Small scale amendments to the zoning map are defined as applications affecting 10 acres of land or less. 1) Whether the proposed amendment is consistent with all elements of the Edgewater Comprehensive Pan. As noted above the proposed land use change is consistent with the Future Land Use Element. The scale of potential development on the property indicate that no infrastructure capacity deficiencies will result from an increase of 7 dwelling units over the 3 units which are currently permissible. 2) Whether the proposed amendment is contrary to the established land use pattern. 46• South and west of the subject property are single family residences. North of the site are multi - family dwellings and a fish camp. The proposed amendment will not be disruptive of this land use pattern. 4 3) Whether the proposed amendment would adversely impact facilities. Water and wastewater facilities are available to the site. According to data from the Institute of Transportation Engineers residential lire condominiums /townhouses produce average daily vehicular traffic volumes (ADTs) at a slower rate than single family residences. Three single family residences would generate 29 ADTs, while the 10 proposed dwelling will produce 59 ADTs. Fifty -nine additional vehicular trips will not affect the capacity on Riverside Drive. The City's administrative services will be adequate to support the proposed development of this site. 4) Whether the existing district boundaries are drawn logically in relation to the property proposed for change. There are no problems associated with the district boundaries that effect this property. 5) Whether changed or changing conditions make the proposed amendment necessary. There have been no new physical changes to the area that have negatively ,, effected the subject property. 6) Whether the proposed amendment will have an adverse impact on the natural environment. There are no significant natural resources on the upland portion of the subject property. Most of the natural vegetative cover on the property has been removed in the past. None of the few remaining trees are protected. The shoreline is in a relatively natural state without a bulkhead or other forms of hardening. No shoreline alteration is proposed. All upland development will stay well away from the shore. 7) Whether the proposed amendment will have a significant negative effect on the character of the surrounding area. As noted there is a mix of land uses in the area surrounding the subject property including single family residences, apartments, and a fish camp. `o"'' There is nothing inherent in multi - family dwellings that will significantly damage the character of the surrounding area. 5 Discussion: Recently the judiciary in Florida significantly changed the manner in which local governments must approach land use and zoning changes. Formerly local '— governments could pursue rezonings as they would any legislative act. This meant that goveming bodies could make rezoning decisions without making any findings or using any evidence at all. Judicial officials, starting with the 5th District Court Appeals in Daytona and ending with the Florida Supreme Court, concluded that local governments where relying too heavily on what they described as "nieghborhoodism ". "Neighborhoodism" is the tendency to assume that citizens have a collective right to control there neighbors land. The Supreme Court has mandated that rezonings on an individual scale must be dealt with in a quasi - judicial manner and that rezoning decisions must be based on competent substantial evidence. Recommendation: Based on the findings outlined above the Department of Community concludes that the applicant's request is reasonable. Staff suggests that the LDRA favorably recommend the development agreement to the City Council. "`r • 4 vi bio.11: .1 ... 1 1.__ tc . _. 1 - 3* .i i , .... -- - i .. 2. .._ .. - . ------ ) , I 1 . K:511 . ""1111"41 -7'6-7-1. -- I s IPP 8 -, • . U / 9 / ------ 1 -7x-)e ro, 4 r ,y N / 1 5'.._ I ., / alentel\-'-4-r-■' 4 -- 4# tz Ni, - � � � S A % � ,_,,, 0 113,0 '' a � � ' Q / . ti ` � ►'� 1 \ �y7.�J 51 . • • i ith / /.3 fAi i NI" / --,, . i 411 Y -7 , --, Wpf 4 , . li t , p # --- - T . ail -'4 Y 1 • ,,, , / ---_______ --- ,' C ea 4 1 ,, r ---....:4:11- _..),..1 ..5 , ........... i y ,........,... _________. t(#1,), Ili_ i, c Att, \ - 414% t 3 , \ . ''' , Pitt#6)tst#'2 .... / ---.. ----:__ .1 140%.441.---,....%411/4., ,. 411411111114 B % : v 1 ,,,,... . .....„.., ... , \ • �� � O S I: .� � , , .%,00, 1111 ,___ kir \ ma �. I z � © ...,,i li.•�. 1 1111111.wdM • • II e...5 1 t . \ '"Aani • cot.. _ 1 \ . 7 #0.3 77 'lig 7- 4. ... -1 ..... -....-A55s 1 / `:4' # , szt 40 . . c ..••••""....°°°.. • co A '� 0161 fir lip p / � �. rye s � ,/ �- �� i so• ... ..... lila / / i t 's' .--- \ \ ` / / P 5 5 T 1 tiw \ . / Oliii i T - -111% ____-1----.--- / / i; i I. _ r / . •. MI _ __. ......_____ 1 ' \ // 9 io // "' 13 _ i I I .41, . ... >-----\ i• \ I� 1 It la � 4.0",-- r 5 _ c�Cq S � i 5 -ig ti t 3. 4 • '-' ?- slit CP c , L / � 3 a c � _ ( _at tv .. T F, � �.. , j ciR. \ , 4 1 ' millOW . I I I I I 'o o • I I . .o.o. = a • c 0 0 m m• - Z •o Z ■ — Cove t • • 70 SON" cn m a ..I ° o�, N Olt 1 M - M • - " . .. . .. 5 _ N J S T a a A RD 1 `' v •' DA. 1 IiiiiiiiiINtO v Z O — =O 1- BA TON It a • • . • _ )=•• :::: I.. ill .. _ ,,.. . ••.,.. 0 •:,Q,..0 c • • • •!. I - r- \ 7 9 ,..:- - 7 3 0 . .:•:: • 7,:::::nn:: .. .. .... 4.2 • .. :.t.• 1 .. : :R :R • 1:' ' o: H `rOd: 11 • 1 / . ... z c�INC II O - R � �� . ° i \� • X U) • 0 ' �OOC: j p.... ft P1 .. .. .SpC BO R0' 1 ` I • • 1• 111 °0 0 ° ` • S . 1111 Z f r r 1 i 0 •• x j • : • ` R V ERB ?\ • \ • • • �, Ii1i 0000 0 , ••� o °o °o"o~o:i'n1'1,o \ '\ • 0000000. o • 4 • r L V/ o ' o d••••')0 • 1 •o o o ° ° o ° o o C ZZ I :oo°°°° — m o0 oc Q...0..4 • •! o 1°0°.0.7 • o ° o o ° :7`wgq 1 1 a Z ;000 • .oc o .. ° ... o °p°o * o r �\ °''' ' •. �' s: • ° • • Q ° �✓ t 0 ,� 0 ` O 0 O . � � • • ' ' C Z b�• o o • 3 o . o o ) a(�� •• .. 44/ 0 0 •. •00.3.0 i EC C A••), (A ° Q X I- ■ O © • . • ° • ) O O O O O � C • .. • 0 •„0„,0‘..,.. .. `C.1' . .. D C7 t • ) • � p .• : :.. �1 R. . r • p o ' r I P , ........... . z � a :� :3 ...: :I G :?1• :o • ° o Fi ) � .••. `000 O•.• • E'''C' � o '. • C ;X ..:� :•: t :)c 0000, : : u' : • • • ° o ) o. ..:� 0000 ° o ° ° ° ° ° o o•.' .` ��� a °� 1 tTi r :iI :4 ' lr :Ii '� • •00 ) O ••.a . A rs. • • t • • • ■• • ' I' /; • • ... :' • ) 0 ...:1L • ::.:::::.. ... e• I o wtay� °o 0.04114 ) S ° o 0 o'G li s. m � It • 1) ° O C . O Q . :)t O O O 0 (S ..•v -4.1.4.•_,...• � •... : Z 5 m o ° c ° >° ':0 ' ':r 0 0 0 0 0n ° o ° o ° o ° o 0 --• a, C • ° ::::X? 30::°, 0 AOOOOO 7711 C �. �� O pC " O00 C '�\ op . .......................................... I . -,.- -) .'0 I:: O C O ) p ....�'•••• �O O OC Y 0 0 0 °°°:°o 0 0 � cn r- n :. : zt: . °.° • •. °� ► ): �n�o� ° 4 o� o o °o °o °o °o o �I �.. • coo r ltttY :; o o • ) 0000, ' ° ° °o °o °o °o °o o t. ' •' 000 ,o ca w It i . m :0 °0c 00 :01 O: :�. � 000 • • • .. .::::: n o (n = : 0 0 0 0 •o `• ••• 2 ; ::N .• 't� I o ; co o a .. 4 ' 0 0 : ,,,: r 1� � � o r I ave o cD co m ::::)(30°(%°0°0 a) ° c : • •�' ::::,� ��s Fp h � o \ z iii \ q ::) o 0( u s,)0 ... .. C O G o ° p n r• • • 0 • O l 00000000 V . 0000 •: -) p p ) • w :A 000 o. o o 0 0 �• w '..:Tt : { �• Boa °o °o °o'0 0o c , • 2)911: : :, •\ I • ::: •'°0„°:)(30.,°: :::.!, 00.0. o. i •: ::. : r F' �`1►+� \) • x • 0 0 �, 0 0 0 0 00 4 ° : w : a M \ o 4 0000• • o 0 C :000 p \> ■0 .1•• 00000' .s- • ... G O ■ I � � : : 0. j o oc 'G: 4. alt.. NOM ' . I I : . 00. �� : ' O O O ' . .(•� 4 `r • : :::a . :. oc � , r � ;.' � •• .......... Q .. 3 • O .. n O • `' .,. {� ‘ .. - r i • '• • • 'f••ll ' •p . v i• r �,; : • r.. ti :w : _ : : . {. c :,.• c 2 0 0 0 °° o'. o ° o ° o °° •'o � • :O .: :1-1 •. :O ••. .. • .Pi •... •• • : ) 0 0. ' ,c ; r r:. X • O o O O • • 0 0 0 0 0 0 • 0' :s :o • -• •• . : ••• :.• • j ' •. : - •••: .• : o •• '•� ••• :R ..... •••• :313° •o°cz '.( . , m ;� ° • 0 o pp 'po •pe .• :31 ::: 0000 •t : o o ° o ';: f { cn h • � ° � . '. ° . o • 30th :t 3:: c ..• • o , ° • • • T'fC•{' " ` " ' 0 . o . •1. o O O • : i o ■ ■ X11 ' ° o ° • o ° O • :-)0 ■ ■ ■ ■ ■ 1° O O - l •• ■ rr ■ �� _0 :::. • : :I'• :: O • \ ■ ■ ■ ■ ■ ■ ■ ■ ) O ° O O 0 • • 1• ::: : r r ■ r ■ ■■ • , •i' O0 •• O • p000000 • ■ •) p \ ■ ■ ■ ■ ■ ■ O O O O O O O O • ■ ■ ■ r ■ �� ° O • o O O O °OC:o ■ ■ ■ ■ ■ 1 3000000 r r ■ o o 00 0 0 < >o` 00 0 • ,► ■ r ■ r .0.00 ; ■ ■ ■ ■ ■ r00000000 • ■ r ■ ■ Q :.gyp ` ■ ■ ■ ■ ■ 0 �`\` ■ r ■ ■ o • o = ���fi! ` �. ' . • 0 ■ ■ r ■ ■ ■ b � 0oo0o00000 00 • ■ r • ■ 0..000 • 0 r ■ ■■ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ■• Y .. ° • o o o o o w I { I: • . j ■ ■ ■ ■ ■ ■ ■ �°°°°°°°°°°°°°°' o o o o o o o o o o o o o ■■ ■■ ■ ■ ■ 1 � • •L•� t •. 0 0 0 0 0 < ■ ■ ■ ■ ■ OOOOOOOOOOOOOC� r r ■ °O' •• 010000°0 °c :.t : :: ■ ■ r ■ ■ ■ 10000000000000 ■ ■ 0 ■■ r■ ■ 0 0 0 0 0 0 0 0 0 0 0 0 0 ■ ■■ o °o ° o o ° o °o °o ° o °O °o °O °c • ■ ■ ■ ■ ■ X 000000 0 000 000 r o 0 0 0 0 0 0 0 0 0 0 0 0 ao ° o ° o ° o o ° o o °o °o ° o ° o ° o ° < ■■0000000000000 0000 ■ ■ ■ ■ ■ ■ ■ ■ 00000000000 o o 00 •• 3000 0 ° 0 0 000 00• . S �. •' o ••• • • • • oo• 'ir • ■ I00000000 + i � 1 : ri • ?. ! +t - r�00 000000 0 00 � ....,,.000000000 '�4� ,0 S r'` � ■ �.�0.4�4.4,R,O.P.13.O.SLII: i i i oo • ■ •. • :: o o p r ■ ■ r l•� ::pop ` I .11,,• It It • ■ ■��.,■�.•.• 1,44,444; : 000 \ � • - n3YA :: o f • - i o .` 00 • . • O„O • . . • !7 • • R/W : . 1 DOS ROAf) 6O • I ,1 i ' 0 1 �'� • \ I • / c 2;41' �c 0 u I w p�` II, 1 i r I s uR . • , 1 P7p§ I 1 h - — sF . 1 1 i �� 0 0 • 1 141 Il E — t . 1i I. 1 u I � , o c I� I 0 3 �°> I 1 • 7 ` i! 0 , t r . g • l -• 1 °" ,, , li 1 = . I' -I x 17 14 (o I < II ,• H OGfK1(ETE NO,tArxr (•T 1 1 `I ' • DrR/.' >S GM STN'[S 1LL,' 4T1Hw ■NTftss • ELEV.. 101 IH• • 1.44. NAVP I 11 5 59'J6'S0 - W JI6.94' sTAl o • 0000 • Q 1 1 V' WO 5/E' MAAR WITH rLAsnc. FOUND SW RE AM NTTH MSTIL AWED LA 7,11 cnr srnw EP 2591 rn , '`e 4.,,, 'b ya w 'b % JAS I I .1 '> % 'w % .1, 215•ov 4, 4, '44 !a, tb l, 67...1.1' I{.Oa ?50.eY Y _ 1 . .kb rb 1 I I H ^Ae--- I 3 41,..e So / rrr I8 f —ni I 1 • O; s .. I /, A —1 I � _ V V V Z . . I • �f: N 1 ; i —1 I . • 1 i = I • . *1 ., •4 y 01 I 1 • \..... q( ig • • 1 I 1 4 I SL /o 'L $ r Z I 1 I 1...- # • �' 1 • K I 1 O t Y • 4 i 1 . t • • f — � — " •: � I O ° — L w ' a 'w "' I • 1 1 — 1 sm 0• 1 I • .. rr I �° V 4T' LONG 5/e• I I ''' /' • i I . • 1 • 1 I ' f u 4, �a • • '•o 'M1 M1' ' O ro 'Lr to fib ' r �.>d �/ _ I • ' t1, • • I >�� i ., i < 5 5 5E T • WITH nt GAr $T ,e'w1 rw'w AA,'EO rLS 4 105 5E i 1 — N 59'36'50 - E . 257.44' 1 Z4' LONG. 5/e' REOAJ� WITH rLMI L Gn1' • ' gNY.TER LONL CETE 1.1014.11.100 I 1 I sTA I M1S 1105 sCT 1[Mnss Lnr S MtID /LS 105. W(ITCSs 1 1 ItLrV.• IMO. Ik,w • 1.44. NGVP I 1 8 0 'sTM1104 • O0.00 1 o I $ O -- +U' v: ,.y,.f r;l r / • J rs, 1 H, . _•••- ▪ . ., , r • • - ....0 , 1 . ,1 --I .• • , A ii - --1.- -- .. 1 a . ' I I-- - -,, .' ..- .�'` � IJ , fir" Y . .�; y t r • ...}*‘.:•-•:. , .,,.. 0 S ) : ,.- • ,_ ... .. j> ...... ; ../.., .,. •,. 6 ..i, . . 0 • :`-' ,...--*, ' - .. • e ,. ‘. 4 ..„,...-., . - .1.....,..f.k ... ...............,:".• ....v....yR, • I O i '51 � d e r— ... " . H ; :. q°. : . f I i r i`�� '. {' Vi a% "�� � � \' ' � :� � . } t *c < - 1 • I 1 .0y_ k' ��'} s>` • : - ' :: 'ti- n *- -)r... . .. i _ �.:I' • fi r- 1..•. per-( F.f • I I m l ` 't •I •• /i rU 'Ylyi ift e • ' ' Z .r y. � I ( I ,1 I— U �' rY ';w4• ,r `�/srCK: ,,,1r t 1 1 �•t .. - .L~r�,;• ,.s. l_ ),• 't► % 1 "I.. .4, 7.7. . if. �. 1 1 1 7141 I rf. • • ,.M i'', s1r '• te r/ f - ,. . c . f kiF 1 -; • 1 r h•.a� X 417 r > . :. .d; '• 7� a V x .._ 51- - +.. > 1 r , '•. �i:, tC• - r , I '�A �,''� 19/.1.•',1; '; v• .e t.r. • 1 } r 4. ,1 . , _j++' .b. % -1.4'I':. irt` : ,. , ) 1 6 i . \*.' ,aA t 1 : Y 1 r - THE CITY OF EDGEWATER POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100 Mayor Jack X. Hayman 1 City Manager George S. McMahon District 1 Councilman Danny K. Hatfield City Attorney 1Criste A. Storey District 2 Councilwoman Louise A. Martin City Clerk Susan J. Wadsworth District 3 Councilman Michael D. Hays District 4 Councilman David L. Mitchum 1 VIA FAX June 13, 1995 Astrid de Parry '''_`''' 114 West Rich Avenue" ' F' Deland Floridaii3 7�p � ' �� Re: Rio Casa'`De t Agreement Dear 24s . . e '" I am in , eceipt of ° ` y o M . y t ansmittal of .Ju 13, '1995. =.. It is a unfortUhate 'that yo - I t ? c o o elld to , expend time on a letter regarding .issues tha U d, ave b reso durin m Tanned return` phone call to 31;61,'.1.,' Unfor'tunate Y ly you did.:' not,' ivc Ye opportunity to honor mi. �co nm tment `tb you. i � me the - As I rstated to you dur Y n our coin, ersation ; would k � r.. on ,7une 12th consider' the -. saes ou r sli . after . discussing them with the Director ai Community'` be`ve1opment`' provide you With s' my response. As I returned from a meeting regarding those matters, I was handed your correspondence. Please ibe advised t ha ` t c rin tom i nitial .' w= , to the ':pro osed - de° y reaction; in £ s dditior� p p op te agreement; on June 19th, he City Council will be ask+'- o consider two ordinances on firs reading. Draft Ordinance. fro.., # , O -a08 pro ?oses the requested ch t ge to the Future Land de :n on Ind draft ' 'Ordin an ce 4 o. 95 - - 09 proposes the reques change to the zoning designation. If approved on first reading, these or.dinances will be scheduled for public hearing in full * c � oinpl,iance w the requirements of Chapters 163 and 166, Florida Statu "' Ci o es of. he ordinances are attached for your revie F p I am not completely in agr ement ' your readin of Local Government Development Act, however, I have draft d a revised Development Agreement. The attached Agreement is designed to address some of the issues you raised. In addition, it is intended to provide the developer with an efficient mechanism for seeking. the required development approvals - which in my view is the intent of the Act. Pursuant to a request, the Director of Community Development and I met today .with Mr. Davenport and his attorney, Hal Spence. I; advised Mr. Spence of your representation of Mr. Volpelak in this CITY ATTORNEY (904)424 -2403 104 NORTH RIVERSIDE DRIVE FAX '(904) 424 -2409 SUNCOM 383-2403 matter. - • If you have further questions in reference to the proposed Development Agreement, I will happy to discuss them with you. In addition, upon your request theDirector of Community Development and I,would make ourselves available to meet with you and yout client. Pursuant to your request, I am providing the City Council with a copy of your June 13, 1995 letter. In addition, I am providing them with a copy of this letter. Sincerely, Krista A. Storey City Attorney KAS Attachments r ° Copy tc: City Courci](W/0 att Dir. of Commut3S.t D eve:lo ment r �� ;, Y� p (w copy of de Pa�` y ltr) Hal Spence (w ' -acopy bf de Parry ltr) • Skt. •... .+• .. O/. • Ivv avvv L. L VII L1 1 L.1 IL4 ASTRID. DE PARRY, P.A. ATTORNEY AT LAW 114 WEST RICH AVENUE: DELAND. FLORIDA 32720 PHONE: 19041 798 -8400 FAX; 19041 738.4300 June 13, 1995 VIA FACSIMILE TRANSMITTAL Krista A. Storey, City Attorney City of Edgewater P. O. Box 100 Edgewater, FL 32132 -0100 Re: CA- 9402 /Development Agreement: for. James (Buddy) Davenport Dear Ms. Storey: The purpose of this letter is to confirm our recent telephone conversation concerning the above - referenced matter and to request that you forward - -a copy of this letter to members of the City Commission before the scheduled public hearing on the proposed Development Agreement. In this regard, I understand that you believe the City Commission may amend its Comprehensive Plan and Zoning Map for the subject property by a simple majority vote of the City Commission to approve the proposed Development Agreement. Further, you believe that the Florida Local Government Development Agreement Act should be broadly construed to permit development consistent with a proposed comprehensive plan amendment before adopting the required comprehensive plan amendment. I respectfully disagree. The procedure for adopting comprehensive plan amendments is set forth in F.S. § 163.3184. Subsection (15) requires any plan amendment to be adopted by ordinance upon the affirmative vote of not less than a majority of the total membership of the governing body after a duly noticed public hearing. Plan amendments directly related to proposed small scale development activities require only one public hearing. Further, a local government is not required to comply with the quarter -page publication requirements for plan amendments if the local government substantially complies with the content provision in F.S. § 163.3184(15)(c) which requires an advertisement in substantially the following form: NOTICE OF' CHANGE OF LAND USE The (Name of local .government unit) proposes to change the use of land within the area shown in the map in this advertisement. A public hearing on the proposal will be held on (date and time) at (meetinq_xilace) • Krista A. Storey, City Attorney June 13, 1995 page two The advertisement must contain a geographic location map that clearly indicates the area covered by the proposal including major street names as a means of identification. Thus, it is clear that the City of Edgewater did not comply with the statutory requirements for advertising a public hearing on a proposed comprehensive plan amendment for the subject property. Similarly, it is clear that the City of Edgewater failed to comply with the statutory provisions for the adoption of an ordinance to rezone a specific parcel of private property. In this regard, I understand that you believe F. S. § 166.041 does not apply to applications for rezoning initiated by a property owner or developer. This is contrary to subsection (6) which provides as follows: The procedure as set forth herein shall constitute a uniform method for the adoption and enactment of municipal ordinances and resolutions and shall be taken as cumulative to other methods now provided by law for adoption and enactment of municipal ordinances and resolutions. By future ordinance or charter amendment, a municipality may specify additional requirements for the adoption or enactment of ordinances or resolutions or prescribe procedures in greater detail than contained therein. However, a municipality shall not have the power or authority to lessen or reduce the requirements of this section or other requirements as provided by general law. That leaves the question of whether the City Commission may approve a development agreement which is inconsistent with the adopted Comprehensive Plan and which purports to memorialize ,the City's agreement to amend its Future Land Use Map and to rezone the property sometime later to be consistent with the proposed development. Clearly, the answer is no. F.S. § 163.3231 requires any development agreement to be consistent with the local government's comprehensive plan adopted pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act. Further, F.S. § 163.3215 permits any aggrieved or adversely affected party to maintain an action for injunctive or other relief against any local government to prevent such local government from taking any action on a development order which materially alters the use or density or intensity of use of a particular piece of property but is not consistent with its adopted comprehensive plan In this regard, please be advised that I have been instructed to file a Verified Complaint to challenge the proposed Development Agreement if the City commission approves the Agreement before undertaking the necessary Comprehensive Plan Amendments. • Krista A. Storey, City Attorney June 13, 1995 page three Finally, please be advised that the proposed Agreement is void against public policy to the extent that it purports to contract away the exercise of the City's police powers. It is well settled that a municipality has no authority to enter into a contract with a property owner for the amendment of a planning or zoning ordinance: "The adoption of an ordinance is the exercise of municipal legislative power. In the exercise of its governmental function, a city cannot legislate by contract. If it could, then each citizen would be governed by an individual rule based upon the best deal that he could make with the governing body. Such is certainly not consonant with our notion of government by rule of law that affects alike all similarly - conditioned." Hartnett v. Austin, 93 9o.2d 86, 89 (Fla.1956). In light of the foregoing, I respectfully submit that the proposed Development Agreement with James "Buddy" Davenport is premature, at best, and should not be forwarded to the City Commission for approval. Thank you for your courtesies in this regard. Very truly yours, U Astrid de Parry, P. A. AdP /bw cc: Edwin L. Volpelak Z U) NNNNNNNNN C--1 00000000. CO CO CD OD OD I NNNN- -0000 0 00-- -• 03 m 03 0tu 011. 03 OAN CO .A 0 C A r 44 4,444 1 � � -& *A -' ' ...4 *A V+ P► 44 64.44 44 V► ER Pr p 0O)0N- J0o03 03 '-4 -�1 VlCOODO) N CO -- to N W CO O O W OD O N (p D NNO ODOV1 "co OD0) "co 'co "co -J "co 00 N A NCO COV1 Co) - -� -JV1 (13 0O) CI) O) V) OD O) 0 (p 0 -J V1 (p OD N V1 .p m to . U) --I N EA � is - 44 44 4i4 44 4,4E . a 44 4:11. 3 (J) N 0o N N co op O O Oo -d O) O co co — m > V70D1's0Vt�l z it. 0V1 O O3 CA) --• V1 (pF A ".t. lo N "co IA) O - CO -.1 a) Otl14N (O XI NWOJ- A00V1 --,OD U10D- to �' > 11- J CFI LA) �10 -•(p O -• I 1 n 2 NNN N i - I -•N -• W II' W CO N CO CO -J O O) -•,0i .1 �1 W O) Z z XXXXR FXXX:x XX *x RI N a m t PI r - s m< — MD m0 —u X1 X1111<•••= Z • R m 1 . m 1VNNNNN "'44 C -f Z z _..r —o00 :c;ct co CO CO 1 o al 0004 N N ) :. 00- m ut (o VI -- .r .".4 W , :,:.. :0 v - 1 • CO ED m W 7v —� 64 4 a 1 mp, 444,44 � n k -J V1 p N 111:13). ' m > V1 W N -- O) ---1 Z �A?::St;4 (o 0 CA.) CO D , •1 W m N of :::m 7t7 m 1 .p O 0 to m -to. V1 c O :44::S4 C 70 — to -d U3 > O)O�{mm OD:i)i..: :73m v iv �t -) 44 4 4 0 7v 44:cam: :00 < N , < 44446 3 (j) 03 �1N1) co 0::,71 Z D m -J W N -.. m FR - dNmr'" to 3• • ' o CA) co 0Z 0)4. m2�t9�q1,::.t��`c.z>, u1oo .b. R x ft:iA g g g i INTER - OFFICE MEMORANDUM EDGEWATER, FLORIDA • TO: City Council FROM: Krista A. Storey, City Attorney 0- C.A. NO.: 95 -70 DATE: June 13, 1995 SUB:: CT: Rio Casa Development Agreement Astrid de Parry, attorney for one of the South Riverside Drive residents, has requested that I provide you with a copy of her June 13, 1995 letter to me. In addition, I have provided you with a copy of my response. KAS AttLIT cents INTER - OFFICE MEMORANDUM EDGEWATER, FLORIDA TO: City Council FROM: Krista A. Storey, City Attorney C.A. NO.: 95 -69 DATE: June 13, 1995 SUBJECT: Rio Casa Development Agreement - Quasi- Judicial Proceedings In view of recent developments in the area of quasi - judicial proceedings, I believe it is necessary for the Council to consider a more formalized process. Set forth below is a suggested outline. Please contact me with any questions or comments you may have. Generally 1. Before making factual statements or factual representations, each speaker shall take the following oath or affirmation to be administered by the City Clerk: Do you swear or affirm that the factual statements and representations which you are about to give to this Council during this public hearing are the truth, the full truth, and nothing but the truth? 2. Speakers addressing the Council, including Staff, should identify any educational, occupational and other experience which they possess which would be relevant to the matter under consideration. The Mayor may allow the speaker to be questioned regarding such experience. 3. After completion of a presentation by any speaker, the Council, the applicant, Staff or members of the public shall have the opportunity to ask questions or seek clarification from the speaker. Such requests shall be made through the Mayor. 4. The Council's decision must be based on competent substantial evidence defined as evidence a reasonable mind would accept to support a conclusion. This includes the testimony of qualified witnesses as opposed to the opinions and objections of interested parties. In determining what constitutes competent substantial evidence, the Council must determine the facts and not merely poll interested parties. Accordingly, general public commentary and the presentation of petitions would not give sufficient basis for a decision. 5. Any documentation presented to the Council in support or opposition to the application shall be offered into the record by submitting a copy of the document to the City Clerk who shall keep the documents as part of the record of the proceeding. It is the responsibility of the party offering the evidence to make sure that it is received by the City Clerk as part of the record. The Staff report with all attachments and all applicable City codes shall be deemed part of the record in all applications. Procedures 1. Public hearing opened after announcement of issue before the Council. 2. City Staff shall make the initial presentation regarding the item under consideration by the Council. After completion of the presentation, the Council may make inquiries of Staff. Then, the applicant or members of the public may ask questions or seek clarification from Staff through a request to the Mayor. 3. The applicant shall be allowed the next opportunity to make a, presentation to the Council. After completion of the presentation,,' the Council may make inquiries of the applicant. Then, Staff or members of the public may ask questions or seek clarification from the applicant through a request to the Mayor. 4. After presentation by the applicant, members of the public shall be given an opportunity to speak. After completion of the presentation, the Council may make inquiries of the speaker. Then, the applicant, Staff or other members of the public may ask questions or seek clarification from the speaker through a request to the Mayor. 5. After the public comment is completed, Staff shall be allowed an opportunity for response to the presentations by the applicant and members of the public in the form of a summary with any changes in position noted after consideration of the relevant comments of the applicant and the public. The applicant or any member of the public who believes that the Staff summary includes factual errors may be allowed the opportunity to point out such errors. 6. The applicant shall be given an opportunity to rebutt comments made during the Staff presentation or public comment segment. Staff or any member of the public who believes that the rebuttal includes factual errors may be allowed the opportunity to point out such errors. 7. Public hearing closed. 8. The Council shall have a final opportunity to comment or ask questions of Staff, the applicant or any member of the public. The Council may allow Staff to respond to comments made by the applicant or public at this time. 9. Council decision on the matter. KAS ' I --ft Rio Casa Development Agreement - Quasi- Judicial Proceedings Items 5B, 5C and 5D on tonight's agenda are interrelated. The first matter before the Council tonight is the public hearing on the Rio Casa Development Agreement. Incorporated within the discussion of that matter will be a discussion of the first readings of Ordinance No. 95 -0 -08 and Ordinance No. 95 -0 -09 regarding the proposed Comprehensive Plan Amendment and rezoning. Subsequent to the close of the public hearing on the development agreement, separate votes will be taken on the development agreement, Ordinance No. 95 -0 -08 and Ordinance No. 95 -0 -09. Prior to the opening of the public hearing on the development agreement, with the Council's concensus, I would like to establish the procedures which the Council will follow. Generally 1. Before making factual statements or factual representations, each speaker shall take the following oath or affirmation to be administered by the City Clerk: Do you swear or affirm that the factual statements and representations which you are about to give to this Council during this public hearing are the truth, the full truth, and nothing but the truth? 2. Speakers addressing the Council, including Staff, should identify any educational, occupational and other experience which they possess which would be relevant to the matter under consideration. The Mayor may allow the speaker to be questioned regarding such experience. 3. After completion of a presentation by any speaker, the Council, the applicant, Staff or members of the public shall have the opportunity to ask questions or seek clarification from the speaker. Such requests shall be made through the Mayor. 4. Any documentation presented to the Council in support or opposition to the application shall be offered into the record by submitting a copy of the document to the City Clerk who shall keep the documents as part of the record of the proceeding. It is the responsibility of the party offering the evidence to make sure that ' it is received by the City Clerk as part of the record. The Staff report with all attachments and all applicable City codes shall be deemed part of the record in all applications as well as copies of all notices and Staff resumes. 5. The Council's decision must be based on competent substantial evidence defined as evidence a reasonable mind would accept to support a conclusion. This includes the testimony of qualified witnesses as opposed to the opinions and objections of interested parties. In determining what constitutes competent substantial evidence, the Council must determine the facts and not merely poll interested parties. Accordingly, general public commentary and the presentation of petitions would not give sufficient basis for a decision. Procedures 1. Public hearing opened after announcement of issue before the Council. 2. City Staff shall make the initial presentation regarding the item under consideration by the Council. After completion of the presentation, the Council may make inquiries of Staff. Then, the applicant, persons within the notice area or members of the public may ask questions or seek clarification from Staff through a request to the Mayor. 3. The applicant shall be allowed the next opportunity to make a presentation to the Council. After completion of the presentation, the Council may make inquiries of the applicant. Then, Staff, persons within the notice area or members of the public may ask questions or seek clarification from the applicant through a request to the Mayor. 4. After presentation by the applicant, persons within the notice area shall be given an opportunity to speak. After completion of the presentation, the Council may make inquiries of the speaker. Then, Staff, the applicant, persons within the notice area or other members of the public may ask questions or seek clarification from the speaker through a request to the Mayor. 5. After presentation by persons within the notice area, members of the public shall be given an opportunity to speak. After completion of the presentation, the Council may make inquiries of the speaker. Then, Staff, the applicant, persons within the notice area, or other members of the public may ask questions or seek clarification from the speaker through a request to the Mayor. 6. After the public comment is completed, Staff shall be allowed an opportunity for response to the presentations by the applicant, persons within the notice area, and members of the public in the form of a summary with any changes in position noted after consideration of the relevant comments of the applicant and the public. The applicant, persons within the notice area, or any member of the public who believes that the Staff summary includes factual errors may be allowed the opportunity to point out such errors. 7. The applicant shall be given an opportunity to rebutt comments made during the Staff presentation or public comment segment. Staff, persons within the notice area, or any member of the public who believes that the rebuttal includes factual errors may be allowed the opportunity to point out such errors. 8. Those persons within the notice area shall be given an opportunity to rebutt comments made during the Staff presentation or applicant comment segment. Staff, the applicant, other persons within the notice area or any member of the public who believes that the rebuttal includes factual errors may be allowed the opportunity to point out such errors. 9. Public hearing closed. 10. The Council shall have a final opportunity to comment or ask questions of Staff, the applicant, persons within the notice area or any member of the public. The Council may allow Staff to respond to comments made by the applicant or public at this time. 11. Council decision in reference to the development agreement will be addressed first. 12. First reading of Ordinance No. 95 -0 -08 at which time the title will be read. Council will reach a desicion on the first reading of this ordinance. If approved, the ordinance will be scheduled for public hearing at a later Council meeting. 13. First reading of Ordinance No. 95 -0 -09 at which time the title will be read. Council will reach a decision on the first reading of this ordinance. If approved, the ordinance will be scheduled for public hearing at a later Council meeting. KAS P. MEMORANDUM "o" DATE: June 12, 1995 TO: Mayor and City Council FROM: George E. McMahon, City Manager Off, h--. SUBJECT: Authorizing borrowing road improvement project funds based on best rates between bonds or bank loan as of July 19 The City expects to receive and open bids on the road improvement project on June 28th and it is important that the City procure financing for the project prior to award of the bid. We have notified both the bank and the bond under- writers of the City's intention to secure financing as of a date certain, which would be July 19th. We have asked the bank and the underwriting firm to give us a firm commitment 'wr on a fixed interest rate. By using a specific date, it will be possible for the City to receive a firm interest commitment and make a true comparison between the bonds or a bank loan. Based on obtaining satisfactory bids for the amount of money within the expected budget for the road improvement project and a firm interest commitment, we are requesting authori- zation from the City Council at this time to procure the necessary financing. GEM:lsk "' Attachment cc: Fred Munoz, Finance Director AGENDA REQUEST C.A. NO.: 95 -68 Date: June 12, 1995 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT BUSINESS 06/19/95 CORRESPONDENCE ITEM DESCRIPTIOry /SUBJECT: Resolution of 1994 - 1995 Collective Bargaining Agreement Impasse with Coastal Florida Police Benevolent Association BACKGROUND: On May 31, 1995, the PBA declared that it was at impasse with the City regarding the f ollowing contract articles: Hours of Work and Overtime, Injuries, Vacation Holidays and Personal Days, Bereavement Leave, Pension Plan, and Wages. On June 12, 1995, correspondence was received from the PBA advising the City that on June 8, 1995, the police officers had voted to ratify the O_ tv`s proposed collective bargaining agreement contingent upon wages being made retroactive to October 1, 1994. In addition, the '"r"` officers wished to be allowed to fund whatever pension benefits they choose. RECOMMENDAT I ONCLUS I ON The only collective bargaining issue proposed by the City was a 2% funding level for the pay- for - performance plan. At the recent Executive Sessions, the Council directed Staff to advise the Union that there would be no retroactive wage increase. Accordingly, attached for your consideration is the Second Amendment to the PBA Agreement which provides for 2% an_ding of the pay-for-performance plan effective June 23, 1995 (the start of the next full work week following the Council meeting). The pension plan issue should be deferred and discussed during "_a upcoming collective bargaining negotiations for 1995 - 1996 since sufficient information has not been presented for the City to confirm that the proposed benefit changes would have no financial impact to the City. FUNDS AVAILABLE: ACCOUNT NUMBER: 1052151120 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO XX DATE: AGENDA ITEM NO. Respectfully submitted, Cgncurrence: c 444Y1-n Kris a A. Storey Georg E. McMahon Nifty City Attorney City anager KAS Attachment SECOND AMENDMENT TO PBA AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT made this day of June, 1995, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereafter "City ") and COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION (hereafter "PBA "). WITNESSETH, that the parties hereto have agreed to amend that certain Agreement executed by the parties on June 21, 1993, and June 22, 1993, and that certain Amendment to Agreement executed by the parties on December 7, 1993, and January 4, 1993, such that: I. Article 31 - Wages is hereby amended as follows: For fiscal year 1994 - 1995, the pay- for - performance plan Now shall be funded in an amount equal to two (2) percent of the cumulative annual salaries for all employees. This Article shall not be construed to guarantee an individual employee a two (2) percent wage adjustment. Wage adjustments for individual employees shall be determined by their performance evaluation and accordingly, some employees will receive more than two (2) percent while others will receive two (2) percent or less. II. The effective date of this Amendment to the PBA Agreement is June 23, 1995. III. In all other respects, the terms and conditions of that certain Agreement executed by the parties on June 21, 1993, and Now June 22, 1993, and the Amendment to PBA Agreement executes? on December 7, 1993, and January 4, 1993, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment to the agreement on the dates set forth below. Now (Unions \PBA94.amend) June 12, 1995 ATTEST: CITY COUNCIL THE CITY OF EDGEWATER, FLORIDA �. By : Susan J. Wadsworth Jack H. Hayman, Sr. City Clerk Mayor Dated: APPROVED FOR FORM & CORRECTi ESS : Krista A. Storey City Attorney ATTEST: COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION By: NOW Jack Davenport Executive Director Dated: Nifty (Unions \PBA94.amend) June 12, 1995 2 JUN -13 -95 TUE 02:44 AM P.01 COASTAL FL0raDA PoudE BENEVOLENT ASSOCIATION WA 1.1v ,.OM1CA 4,- ,.% .i` �°`°'T "•`" 1660 Tomoka Farms Road , :f � Daytona Leac F l orida 32124 , , i.+ Nifty _ Ilk (904) 258 -7579 2 1,9,95 Cil ° r f ,y June 12, 1995 Mr. G.E. McMahon PO Box 100 Edgewater, FL 32132 -0100 Mr. McMahon; On Thursday, June 8, 1995, the police officer of Edgewater Police Department voted to ratify the 1994/95 contract with the CiLy of Edgewater. The ratification was contingent on the fact of retroactive to October 1, 1994. The police officers wish to be allowed to fund whatever pension benefits they want. Thank you for your consideration in this matter. Since ely, 4411 4 ck DavenpO 'xt•ive Dir- or `mow The Voice of Law Enforcement in Central Florida AGENDA REQUEST DATE: June 12, 1995 OTHER CONSENT BUSINESS June 19, 1995 PUBLIC HEARING, ORD., RESOLUTION ITEM DESCRIPTION /SUBJECT: Consider cancelling, or relocating, regular Council meeting of Monday, July 3, 1995, due to Volunteer Fire Assoc. setting up Community Center for July 4th activities. BACKGROUND: Traditionally, the Volunteer Fire Assoc. has held the arts and crafts show in the Community Center as part of their July 4th activities. The Association needs access to the building the evening of July 3rd to be completed before Tuesday morning, the Nov 4th. If Council wishes to relocate the meeting, staff will contact the Library, the elementary schools, and other locations to see what is available. RECOMMENDATION /CONCLUSION: Council's decision. FUNDS AVAILABLE: ACCOUNT NUMBER: N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): N/A Previous Agenda Item: YES NO X Date: Agenda Item No. Respectfully submitted, P.. 7-7c c '7 yr_ eo rge . McMahon City Manager lsk