03-01-1993
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Q
Votinq Order
Councilman Hays
Councilman Mitchum
Mayor Hayman
Councilman Jones
Councilwoman Martin
AGENDA
CITY COUNCIL OF EDGEWATER
MARCH 1, 1993
7:00 p.m.
COMMUNITY CENTER
1.
Call to Order, Roll Call,
Allegiance
Invocation,
Pledge of
2. Approval of Minutes
None at this time
3. Citizen Comments
4. Consent Agenda
Items on the consent agenda are defined as routine nature
that do not warrant detailed discussion or individual
action by the Council; therefore, all items remaining on
the consent agenda shall be approved and adopted by a
single motion, second and vote by the City Council.
Items on the consent agenda are not subject to
discussion. One of the most basic rules of a consent
agenda is that any member of the City Council may remove
any item from the consent agenda simply by verbal request
at the City Council meeting. Removing an item from the
consent agenda does not require a motion, second or a
vote; it would simply be a unilateral request of an
individual Councilmember.
A. Request for approval of purchase of 20 dozen
replacement uniform shirts for career and
volunteer Fire & Rescue Department members from
USA Action Wear for $2,040
5.
E.
Business
Agreement for provision of services related to
Land Development Regulations
Change Order No. 3 for Advanced Wastewater
Treatment Plant. Effluent Reuse Facility in
amount of $11,023 due to need for additional
reinforcing steel
Michael Hutchins' request to hold block party
on 2900 block of Silver Palm Drive on Saturday,
March 13, from 12 Noon to 6:00 p.m.
Edgewater Area Council Chamber of Commerce re:
"Tax Credits for Community Revitalization -
the Community Tax Incentive Program:
National Association of Retired Federal
Employees' request to hold rummage sale April
2 and 3 on American Legion lot at corner of
Lamont and U. S. 1 or at Pioneer Appliance
Company on U.S. 1
Award bid to P.A.V.C.O. Construction, Inc. for
$255,173.50 for construction of Riverwalk and
authorize Mayor to execute contract
New
A.
B.
C.
D.
F.
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City Council of Edgewater
Agenda - Page Two
Mnrcl1 ", 199J
6. Ordinances, Public Hearings, and Resolutions
First Reading:
A. Ord. 93-03 Comprehensive Plan Amendment
B. Ord. 93-0-3 Rezoning land located on North side
of Cheetah Drive from R-S multi-family district
to I-I light industrial district
Second Reading: (Public Hearing)
None
7. Unfinished Business
A. Update on idle zone on Indian River by Jeff
Bracey
8. Council/Officers Reports
A. City Attorney
B. City Manager
C. City Council
9. Questions from Press
10. Citizen Comments
11. Adjourn.
All items for inclusion on the AprilS, 1993, City Council agenda
must be received by the City Manager's office no later than 4:30
p.m. Monday, March 29, 1993.
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.
•
CITY OF EDGEWATER
NOTICE OF VIOLATION
SURREY RIDGE, INC. FEBRUARY 23, 1993
NAME DATE
602 W. INDIAN RIVER BLVD. 93 -CE -0114
ADDRESS CASE NO.
EDGEWATER, FL 32132 -5000
CITY, STATE, ZIP CODE
1. Pursuant to Chapter 2, Article III of the Code of Ordinances
of the City of Edgewater, Florida, you are hereby notified
that the following violation(s) appear to exist on the
property described below:
SECTION 3- 7(2)(c)(9) - DEVELOPMENT SIGNS PERMITTED ONLY AFTER
SUBDIVISION HAS BEEN PLATTED, APPROVED AND UNDERGOING
DEVELOPMENT AND /OR SALE AND REQUIRES A PERMIT
(02/22/93)
Location of Violation:
Parcel No. (SEE LEGAL DESCRIPTION)
Street Address: (SEE LEGAL DESCRIPTION)
Legal Description:
8411 -08 -00 -0160 - LOT 16 EDGEWATER COUNTRY ESTATES
8411 -08 -00 -0170 - LOT 17 EDGEWATER COUNTRY ESTATES
8411 -08 -00 -0180 - LOT 18 EDGEWATER COUNTRY ESTATES
8411 -08 -00 -0190 - LOT 19 EDGEWATER COUNTRY ESTATES
2. The following corrective action must be taken by 03/05/93
REMOVE - PERMIT CAN BE OBTAINED AFTER FINAL PLAT APPROVAL
Failure to correct the violation will result in the scheduling
of a public hearing before the Citizen Code Enforcement Board
of the City of Edgewater. The Board is empowered to levy a
fine not to exceed $250.00 per day for each day the violation
continues past the date set for compliance. A fine of not to
exceed $500.00 per day may be levied for a repeat violation.
The fine may become a lien upon the real or personal property
of the violator.
3. When you have corrected this violation or should you require
additional information regarding this notice, please contact
the Code Enforcement Officer at 904 - 427 -6492.
CODE ENFORCEMENT 0 FICER
February 25,1993
Beverly Kinney - Johnson
Code Enforcement Officer
City of Edgewater
PO Box 100
Edgewater, FL 32132 -0100
Dear Ms. Kinney- Johnson:
I am in receipt of your February 23rd correspondence concerning case number
93 -CE -0114.
When are you going to stop harassing me? I am sure you are aware that I received
a permit to install this sign and should you not recollect this, you may check
the minutes of the prior council meetings. I was awarded the right to erect
this sign the very same night that the Walgrens /Publix shopping center group
was awarded the right to erect the sign on their property before it was developed.
I am going to send copy of this correspondence to Louise Martin,Kirk Jones,
and Mike Hayes who all sat on the council when the decision was made. They
were also all voted in the year that the "NO MORE BULL" campaign was run.
They have asked me many times if I am still getting a lot of bull from city
hall, so I am sure this issue will show them how thick it still is.
Sincerely,
Perry R. Barrett
Ponderosa Homes, Inc.
p.c. Legal Counsel
Council person Louise Martin
Councilman Kirk Jones
Councilman Mike Hayes
Mayor Jack Hayman
George McMahon, City Manager
Krista Storey, City Attorney
News Journal
enc.
•
•
March 1, 1993
Mark Karet
Beverly Kinney- Johnson
Code Enforcement
City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
To follow up on my correspondence to you dated February 25, 1993,
I would like for you to put it in writing that you will be
dropping the code enforcement complaint, No. 93 -CE -0114. As
my correspondence dated February 25 stated, this sign was allowed
to be constructed by the City Council at a prior meeting. I
would like to pick up your written statement by the close of
business today.
Sincerely,
P -rry R. Barrett
'onderosa Homes, Inc.
Hand - delivery
3
AGENDA RE QUEST q,
DATE: FPbru�ry 19,199 �_____
NEW UNFINISHED
CONSENT: X BUSINESS: BUSINESS:
PUBLIC
HEARING: RESOLUTION: ORDINANCE:
ITEM DESCRIPTION /SUBJECT: The Department of Fire /Rescue
Services requests approval for the purchase of 20 dozen replacement
uniform shirts for Career and Volunteer Department members.
BACKGROUND: Existing uniform shirts are over 18 months old and
shabby. Prices to purchase 20 dozen replacement Golf Shirts were
checked with five companies. Price quotes are as follows: Mother T's
$2,315.00, Special T's $3,545.00, T -Shirt Plus $3,222.40, Tropical
Creations $2,570.00, and USA Action Wear $2,040.00.
REC9MMENDAT ON/CON i ITSION Recommend purchase of 20
dozen replacement uniform shirts through low bid company: USA
Action Wear in the amount of $2,040.00.
FUNDS AVAILABLE: Account Number: 10522/53520
(Specify If Budget Amendment Is Required NO
Presented By: Chief William C. Vola
Previous Agenda Item: YES NO XX
Date: February 1 9,199 3 Agenda Item No.
Respectfully Submitted,
I/2
William C. Vola, Chief
Department of Fire /Rescue
Concurrence:
r.
George E. McMahon
City Manager
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5.
AGENDA REQUEST
Date: February 16, 1993
NEW UNFINISHED
* sr CONSENT BUSINESS X BUSINESS
PUBLIC
HEARING RESOLUTION ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Agreement For the Provision of Services Related to the Development
of the Land Development Regulations.
BACKGROUND:
Attached is a proposed agreement for services between the City and
Diane P. Ferguson. It is intended that Ms. Ferguson would serve
as an independent contract employee for approximately six months.
Ms. Ferguson will be compensated at a rate of $9 per hour. It is
not anticipated that she will work more than 20 hours per week.
The total cost over the six month period should not exceed $4,680.
This cost will be absorbed within the current budget of the
Department of Community Development. Because of Ms. Ferguson's
status as an independent contractor, she will receive no benefits.
The City will not be responsible for FICA or other payroll tax
deductions.
Staff is presenting this agreement to the Council because it
believes that Ms. Ferguson's assistance will help expedite the
drafting of the new land development regulations. Responsibility
for drafting these regulations is shared between the Director of
Community Development and the City Attorney. Neither the City
Attorney nor myself has sufficient time to move this project ahead
without interruption. Ms. Ferguson will assist the City by
performing background research and developing draft language for
review.
Ms. Ferguson has a Masters of City and Regional Planning. She
received this degree from Clemson University in 1983. Since that
time, she has been employed in both state and local government
organizations.
RECOMMENDATION /CONCLUSION:
Staff recommends that the Council authorize the Mayor to execute
the agreement.
Page -2-
FUNDS AVAILABLE: ACCOUNT NUMBER: 10515
`''. PREVIOUS AGENDA ITEM: YES NO X
M1
DATE: AGENDA ITEM NO.
Respectfully :Lib tte.'. Concurrence:
,41
OP
P. Karet Georg McMahon
Director of Community Development City Manager
Krista A. Storey
,,, City Attorney
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AGREEMENT FOR THE PROVISION
OF SERVICES RELATED TO THE DEVELOPMENT
OF THE LAND DEVELOPMENT REGULATIONS
THIS AGREEMENT made and entered into this of
, 1993, by and between the CITY OF EDGEWATER, '
a municipal corporation of the State of Florida, hereinafter
referred to as "City" and DIANE P. FERGUSON, hereinafter referred
to as "Contractor ".
WITNESSETH:
WHEREAS, pursuant to Section 1663.3202, Florida Statutes, the
City must adopt land development regulations which are consistent
with the Comprehensive Plan; and
•44k'" WHEREAS, Contractor's educational background will be helpful'
in assisting the Director of Community Development with the
drafting of the land development regulations; and
WHEREAS, City wishes to enter into an agreement with
Contractor for the provision of services related to the development
of the land development regulations and Contractor wishes to
provide such services to the City.
NOW, THEREFORE, in consideration of the mutual covenants and
promises which the parties set forth below, the parties agree as
follows:
SECTION 1. SCOPE OF SERVICES
Contractor shall provide the following services to City:
1. Perform background research related to the
land development regulations as directed by
the Director of Community Development.
2. Perform the initial drafting of chapters of
the land development regulations as specified
by the Director of Community Development.
SECTION 2. TERM
Because this agreement is designed to provide assistance to
the Director of Community Development throughout the development of
the land development regulations, both parties agree that it is not
N possible at this time to establish a definite termination date.
The City will make its best efforts to provide Contractor with
notice thirty (30) days prior to the expected date of termination,
however City is not legally obligated to provide this notice and
this agreement shall be deemed terminated upon notice to Contractor
by City that his services are no longer required. City anticipates
that the term of this agreement shall be approximately six (6)
months. This agreement may be terminated earlier pursuant to
Section 5.
SECTION 3. COMPENSATION
Contractor shall be reimbursed for services rendered pursuant
to this Agreement as approved by the Director of Community
Development. Contractor shall be compensated at the rate of nine
and 00 /100 ($9.00) dollars per hour for the provision of services
related to the development of the land development regulations as
�rrr set forth in Section 1. Contractor shall maintain a daily log of
his hours which shall be submitted to the Director of Community
Development along with a bill for services rendered on the
fifteenth (15th) and thirtieth (30th) day of each month. City
shall issue Contractor a check for these services within ten (10)
days of submittal of the bill.
SECTION 4. INDEPENDENT CONTRACTOR
Contractor is and shall be an independent contractor,
responsible to all parties for his acts or omissions. Contractor
is not an employee of the City and accordingly is not entitled to
any of the benefits afforded to employees of the City.
SECTION 5. TERMINATION
City may terminate this agreement for cause upon written
notice to Contractor. Either party may terminate this agreement
without cause upon ten (10) days written notice to the other party.
Contractor shall be entitled to receive compensation for any
services provided through the termination date.
SECTION 6. AVAILABILITY OF RECORDS
Contractor shall make available to the City upon request all
reports, records, and other pertinent information relating to
Contractor's services as may be required by the City.
err
2
SECTION 7. ENTIRE AGREEMENT
This agreement embodies the whole understanding of the
parties. There are no promises, terms,:conditions, or obligations
v,.,, other than those contained herein, and this agreement shall
supersede all previous telecommunication, representations, or
agreements, either verbal or written, between the parties hereto.
SECTION 8. AMENDMENTS
This agreement may only be amended by a written document
signed by all parties.
SECTION 9. GOVERNING LAW
This agreement shall be governed by the laws of the State of
Florida.
SECTION 10. NOTICES
All notices or other communications hereunder shall be in
writing and shall be deemed duly given if delivered in person or
sent by certified mail return receipt requested and addressed as
follows:
If to City: With a Copy to:
George McMahon Mark P. Karet, Director
City Manager of Community Development
P. 0. Box 100 P. O. Box 100
Edgewater, FL 32132 -0100 Edgewater, FL 32132 -0100
Krista A. Storey
City Attorney
P. O. Box 100
Edgewater, FL 32132 -0100
If to Contractor:
Diane P. Ferguson
Lakebridge Plaza Drive
Apartment 516
Ormond Beach, FL 32174
IN WITNESS WHEREOF, the parties have caused this agreement to
be made and entered into the day and year first written above.
Now
3
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:
Rrista A. Storey
City Attorney
WITNESSES: DIANE P. FERGUSON
Now
`4✓
4
S. Q
AGENDA REQUEST
,,. Date: 1 -29 -93
NEW UNFINISHED
CONSENT BUSINESS :X X BUSINESS
PUBLIC
HEARING RESOLUTION ORDINANCE
ITEM DESCRIPTION /SUBJECT: Change Order No. 3 for the Advanced
Wastewater Treatment Plant Effluent Reuse Facility.
BACKGROUND: Upon review of the shop drawings it was evident the
Biological Nutrient Basin required additional reinforcing steel
i +/- 10 tons).
RECDPWIENDATIDN: Engineer's calculations revealed the additional
rebar was necessary to prevent collapse of the BNR structure
walls, which is the ba =_.is, for approval of this change order item_
FUNDS AVAILABLE: ACCOUNT NUMBER: SRF - CS 120794020
SPECIFY F BUD T AMENDMENT I v5' REQUIRED)
: i C BUDGET 3 r -
PRESENTED BY:
PREVIOUS AGENDA ITEM: YES NO X X
DATE: AGENDA ITEM NO.
Respectfully submitted,
4; Lk./ ' -
lotoo K7/
l %W -. - dir
Ci y Epgineer IF
Concurrence:
carg _ McMahon
Z
City Manager
SECTION 00843
CHANGE ORDER FORM
'err
CITY OF EDGEWATER
Project: City of Edgewater
Advanced Wastewater Treatment Plant
and Effluent Reuse Facility
CHANGE ORDER NO. 3
DATE: January 18, 1993 CONTRACTOR: Milmir Construction, Inc.
OWNER: City of Edgewater AGREEMENT DATE: May 15, 1989
The following changes are hereby made to the CONTRACT DOCUMENTS:
Original CONTRACT PRICE $ 8,290,000.00
Current CONTRACT PRICE ADJUSTED
by previous CHANGE ORDER $ 8,314,233.19
4 41.+
Net (Increase) (De) Resulting
from this CHANGE ORDER $ 11,293.00
The current CONTRACT PRICE
including this CHANGE ORDER $ 8,3
ORIGINAL CONTRACT TIME: 550 Days Date Oct. 22, 1993
Current CONTRACT TIME adjusted
by previous CHANGE ORDERS Date Oct. 22, 1993
Net (Increase) (Decrease)
Resulting from this CHANGE ORDER Days -0-
Current CONTRACT TIME
Including this CHANGE ORDER Date Oct. 22, 1993
CHANGES ORDERED:
I. GENERAL This change order is necessary to cover changes
Now in the work to be performed under this Contract. The
General Conditions, Supplementary Conditions,
Specifications and all parts of the Project Manual
listed in Article 1, Definitions, of the General
Conditions apply to .and govern all work under this
change order.
87- 400.21 00843 -1 Change Order No. 3
Misc /co3.doc
II. REQUIRED CHANGES:
Provide additional reinforcing steel ( ±10.00 tons) in
the BNRB walls in accordance with the Engineer's
direction.
III. JUSTIFICATION:
Analysis of shop drawing submittals revealed that
insufficient reinforcing steel was called for in the
BNR basin walls. In order to ensure the structural
integrity of the basin walls, additional reinforcing
steel is required to be added. The cost would have
been included in the base bid if the required steel had
been shown in the original Contract Documents.
IV. PAYMENT:
Net increase to Contract Amount in the amount of
$11,293.00; no change in Contract Time.
V. APPROVAL AND CHANGE AUTHORIZATION:
Acknowledgement:
ern► The aforementioned change, and work affected thereby, is
subject to all provisions of the original contract not
specifically changed by this Change Order; and,
It is expressly understood and agreed that the approval of the
Change Order shall have no effect on the original contract
other than matters expressly provided herein.
RECOMMENDED BY: ACCEPTED BY:
Dyer, Riddle, Mills & Precourt, Inc. Milmir Construction, Inc.
Engineer Contrac •r
By: l / //.2k/3
Signature Date Signature 'Dat
Title: Vice President Title: Vice President
APPROVED BY:
Now
City of Edgewater
Owner George E. McMahon
City Manager
By: Date
Jack H. Hayman, Sr., Mayor
87- 400.21 00843 -2 Change Order No. 3
Misc /co3.doc
S- c-
t / � ilieb
FEB 1 /993
C17y A 4AG
Now February 19, 1993
Mayor and City Council of Edgewater:
1 am respectfully requesting your permission to organize a Block
Party on Saturday, March 13, 1993 from 12:00 pm to 6:00 pm. This
will require the roadway to be blocked off for one block of
Silver Palm Drive, this being the 2900 block, eliminating traffic
New
on this block. This patty will be organized by myself and all
residents of this block have been notified and approve.
Your approval is hereby requested.
Sincerely,
.
it / �---
Michael Hutchins
2947 Silver Palm Drive
CITYL ATER
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POST OFFICE BOX 1St\ ' ER. FLORIDA 32132
(904) 427 -410 + TM 7 -3804 Chief
SunCo ' ✓7007
`tar" LAWRENCE F. SCHUMAKER
CHIEF OF POLICE
TO: GEORGE F. McMAHON, CITY MANAGER
FROM: LAWRENCE F. SCHUMAKER, CHIEF OF POLICE
DATE: FEBRUARY 22, 1993
SUBJECT: BLOCK PARTY, 2900 BLOCK OF SILVER PALM DRIVE
1. Please refer to your routing form dated February 19, 1993,
regarding a request by Michael Hutchins, 2947 Silver Palm Drive, to close
the 2900 block of Silver Palm on Saturday, March 13, 1993, from 1200 to 1800
hours, so as to have a block party for the neighborhood.
2. It would seem the majority of the affected citizens have
"'err been notified and have approved. I see no valid reason not to approve this
request.
3. Respectfully suggest Mr. Hutchins contact Lt. McEver prior
to the date in question so as to arrange for proper barricades and signs
in order to protect the residents in the roadway.
�/�/
Lawrence F. Schumaker
Chief of Police
LFS /aa
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t:-. The Best Things In Life...
, Chamber of Commerce
J New Smyrna Beach • Edgewater • Oak Hill
February 11, 1993
Mayor Jack Hayman
City of Edgewater
P.O. Box 100
Edgewater, FL 32132
Dear Mayor Hayman,
The Edgewater Area Council of the New Smyrna Beach - Edgewater -Oak
Hill Chamber of Commerce has reviewed the "Tax Credits for
Community Revitalization - The Community Contribution Tax Incentive
Program" as presented by Joe Martin, Chairman of the Edgewater
Industrial Development Board. This program represents innovative
possibilities for encouraging economic development in our area.
Accordingly, time is of the essence and we would request that the
Council place this item on its agenda for Fcbruary 22. l N 4
Should you have any questions please do not hesitate to contact me.
Sincerely,
•
e7 ,4„-c,
r . Roland J. Bazin
President
Edgewater. Area Council
cc: Joe Martin, Chairman, Industrial Development Board
1404 South Ridgewood Ave. • Edgewater, FL 32132 • (904) 426 -5401
115 Canal Street • New Smyrna Beach, FL 32168 • (904) 428-2449 • 1 -800- 541-9621
e
(c t)r. pr. -
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CI" NARFE FEB g 1993
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National Association of Retired Federal Employees CflY MAAIAGES,
CHAPTER 1844 February 18, 1993
Mr. George E. McMahon
Edgewater City Manager
P Box 100
Edgewater, Florida 32132
Dear Mr McMahon
On behalf of Chapter 1844 of the National Association of Retired
Federal Employees, a non - profit organization, I am asking the
approval of the Edgewater City Council to hold a rummage sale
on April 2 and 3. The proceeds of this sale to be donated to
the Alzeheimers Association of Flagler and Volusia Counties.
We have received permission to use the empty lot located at
the corner of La Monte Street and U.S. One - the future home
of the American legion, and we also have permission to use the
parking lot of the Pioneer electric Company on U.S. One, which
we have used twice before.
Which ever location you should approve would be fine with us.
Hoping to hear from you, I am
Ne ie F. Harris
President, Chapter 1844
4501 South Atlantic Ave.
#119
New Smyrna Beach, Florida
321 69
National Association of Retired Federal Employees
CITY ` ���'V'ATER
• `'.„ � ty
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POST OFFICE BOX 1 /n . �,: ' ER, FLORIDA 32132
(904) 427 -410 + . • :07 -3804 Chief
Nosy SunCo ' ,j 7007
LAWRENCE F. SCHUMAKER
CHIEF OF POLICE
TO: GEORGE McMAHON, CITY MANAGER
FROM: LIEUTENANT BRITAIN, ACTING CHIEF-,-/WA/CI
DATE: FEBRUARY 23, 1993
SUBJECT: PERMISSION FOR RUMMAGE SALE
In reference to the request made by the National
Association of Retired Federal Employees to hold a rummage sale
on April 2 and 3, 1993, with proceeds going to the Alzeheimers
Association of Flagler and Volusia counties.
y
I see no problem with granting said request, providing
they use the empty lot on the corner of Lamont and Ridgewood.
In my estimation, the likelihood of congested traffic
would be greater at the Pioneer Appliance location, particularly
on Friday, due to school and work traffic.
AGENDA REQUEST
Date: February 22, 1993
.
NEW UNFINISHED
CONSENT BUSINESS X BUSINESS
PUBLIC
HEARING RESOLUTION ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Award bid to P.A.V.C.O. Construction, Inc., for $255,173.50 for
construction of Riverwalk and authorize Mayor to execute contract.
BACKGROUND:
This project has been over 3 years in the making. During this
time, we have encountered and addressed various issues (Right -of-
way, stormwater, redesign, etc.). Currently, we are addressing
some right -of -way issues. This issue has partially been addressed
through construction of the Riverwalk. Redesign of Riverwalk has
provided us with a meandering path mostly 6 feet in width, made of
impervious concrete. The stormwater problem in the Parkwood Avenue
area was not included in original plans, however, the need to
resolve this problem was designed and included in the overall
project.
RECOMMENDATION /CONCLUSION:
Before award of the bid Council needs to address the following
issues. The bid package for the Riverwalk Project consists of
approximately 3.3 miles of all- purpose walkway, mostly 6 feet in
width made of impervious concrete. Other items included are a 20
foot gazebo to be placed at Highland Park, a foot bridge over the
canal at Veterans Memorial Park, and addressing the stormwater
problem at the Parkwood Avenue area. Staff recommends that the
City Council award Alternate Bid "B" for the construction of the
Riverwalk to P.A.V.C.O. Construction, Inc. as the lowest qualified
bidder. Alternate Bid "B" replaces approximately 672 sq. feet of
concrete with paver block at two (2) park site areas. We are also
asking Council to approve the attached contract and authorize the
Mayor to execute the document.
Now
FUNDS AVAILABLE: ACCOUNT NUMBER 10572 -56651
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PRESENTED BY: Jack Corder
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Respectfully Submitted,
-ck Corder
Director of Parks and Recreation
Concurrence:
George E McMahon
City Manager
•
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
"4`r-
THIS AGREEMENT is dated as of the day of
in. the year 19 by and between
thereinafter called OWNER)
and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated-in
the Contract Documents prepared by the Owner. The Work is
generally described as follows:
THE INSTALLATION OF APPROXIMATELY 3.3 MILES OF CONCRETE
WALKWAY, GAZEBO, PEDESTRIAN BRIDGE, GRADING, DRAINAGE
AND APPURTENANCES.
The Project for which the Work under the Contract Documents may
be the whole or only a part is generally described as follows:
RI VERWALK
FOR
CITY OF EDGEWATER
Article 2. ENGINEER.
The Project has been designed by
CITY ENGINEER, CITY OF EDGEWATER
who is hereinafter called ENGINEER and who is to act as OWNER's
representative, assume all duties and responsibilities and have
the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance
with the Contract Documents.
Article 3. CONTRACT TIME.
3.1 The Work will be substantially completed within 90
_ days from the date when the Contract Time commences to run as
provided in paragraph 2.3 of the General Conditions, and
completed and ready for final payment in accordance with
paragraph 14.13 of the General Conditions within 105 days
from the date when the Contract Time commences to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize
1
that time is of the essence of this Agreement and that OWNER will
suffer financial loss if the Work is not completed within the
times specified in paragraph 3.1. above, plus any extensions
thereof allowed in accordance with Article 12 of the General
'tor, Conditions. They also recognize the delays, expense and
difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such
proof, OWNER and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty) CONTRACTOR shall pay OWNER NONE
dollars ($ NONE ) for each
day that expires after the time specified in paragraph 3.1 for
Substantial Completion until the Work is substantially complete.
After Substantial Completion if CONTRACTOR shall neglect, refuse
or fail to complete the remaining Work within the Contract Time
or any proper extension thereof granted by OWNER, CONTRACTOR
•
shall pay OWNER ONE HUNDRED dollars ($ 100.00
for each day that expires after the time specified in paragraph
3. for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
4.1 OWNER shall pay CONTRACTOR for completion of the Work
in accordance with the Contract Documents in current
funds as follows:
`'rrr
(here insert a lump sum, unit prices or both if necessary
attach exhibits and list them in Article 8.3
(CONTRACTOR'S Bid may be attached as an exhibit to avoid
lengthy retyping of unit price schedules, formulae for
escalation of prices, information as to alternatives, etc.3
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance
with Article 14 of the General Conditions. Applications for
Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1 Progress Payments. OWNER shall make progress payments
on account of the Contract Price on the basis of
CONTRACTOR's Applications for Payment as recommended by
ENGINEER, on or about the 10TH day of each month
during construction as provided below. All progress
payments will be on the basis of the progress of the
New Work measured by the schedule of values established in
paragraph 2.9 of the General Conditions (and in the
• case of Unit Price Work based on the number of units
completed) or, in the event there is no schedule of
values, as provided in the General Requirements.
2
5.1.1 Prior to Substantial Completion, progress
.► payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the
aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER
may withhold, in accordance with paragraph 14.7 of the
General Conditions.
90'/. of Work completed.
100% of materials and equipment not
incorporated in the Work (but delivered, suitably
stored and accompanied by documentation satisfactory to
OWNER as provided in paragraph 14.2 of the General
Conditions).
5.2 Final Payment. Upon final completion and acceptance of
the Work in accordance with paragraph 14.13 of the
General Conditions, OWNER shall pay the remainder of
the Contract Price as recommended by ENGINEER as
provided in said paragraph 14.13.
Article 6. INTEREST.
`olrr
All moneys not paid when due as provided in Article 14 of the
General Conditions shall bear interest at the maximum rate
allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR
makes the following representations:
7.1 CONTRACTOR has familiarised itself with the nature and
extent of the Contract Documents, Work, site, locality,..
and all local conditions and Laws and Regulations that
in any manner may affect cost, progress, performance or
furnishing of the Work.
7.2 CONTRACTOR has studied carefully all reports of
explorations and tests of subsurface conditions and
drawings of physical conditions which are identified in
the Supplementary Conditions as provided in paragraph
4.2 of the General Conditions, and accepts the
law determination set forth in paragraph SC -4.2 of the
Supplementary Conditions of the extent of the technical
data contained in such reports and drawings upon which
CONTRACTOR is entitled to reply.
7.3 CONTRACTOR has obtained and carefully studied for
assumes responsibility for obtaining and carefully
studying) all such examinations, investigations,
3
explorations, tests, reports and studies (in addition
to or to supplement those referred to in paragraph 7.2
above) which pertain to the subsurface or physical
conditions at or contiguous to the site or otherwise
`"' may affect the cost, progress, performance or
furnishing of the Work as CONTRACTOR considers
necessary for the performance or furnishing of the
Work at the Contract Price, within the Contract Time
and in accordance with the other terms and conditions
of the Contract Documents, including specifically the
provisions of paragraph 4.2 of the General Conditions;
and no additional examinations, investigations,
explorations, tests, reports, studies or similar
information or data are or will be required by
CONTRACTOR for such purposes.
7.4 CONTRACTOR has reviewed and checked all information and
data shown or indicated on the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the site and assumes responsibility for
the accurate location of said Underground Facilities.
No additional examinations, investigations,
explorations, tests, reports, studies or similar
information or data in respect of said Underground
Facilities are or will be required by the CONTRACTOR in
`ow order to perform and furnish the Work at the Contract
Price, within the Contract Time and in accordance with
the other terms and conditions of the Contract
Documents, including specifically the provisions of
paragraph +.3 of the General Conditions.
7.5 CONTRACTOR has correlated the results of all such
observations, examinations investigations,
explorations, tests, reports and studies with the terms
and conditions of the Contract Documents.
7.6 CONTRACTOR has given ENGINEER written notice of all
conflicts, errors or discrepancies that he has
discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to
CONTRACTOR.
- Article B_ CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement
between OWNER and CONTRACTOR concerning the Work consist of the
Nktor — following:
8.1 The Agreement (pages 1 to 6 , inclusive).
8.2 Exhibits to this Agreement (pages -- to --
inclusive).
4
8.3 Performance and other Bonds, identified as exhibits
PP8 -1 THRU PPB-2 and consisting of 2 pages.
'fir
8.4 Notice of Award.
8.5 General Conditions (pages 1 to 33
inclusive).
8.6 Supplementary Conditions (pages 1 to 10
inclusive).
8.7 Technical Specifications consisting of Divisions 1
thru 2
8.8 Drawings, Plan Sheet Nos. 1 thru 13.
8.9 Addendum number (EXHIBIT ).
8.10 CONTRACTOR's Bid (pages 1 to 2
inclusive) marked exhibit I
[Attach Bid Form only in special circumstances.]
8.11 Documentation submitted by CONTRACTOR prior to Notice
'ter of Award (pages -- to --
inclusive).
8.12 The following which may be delivered di issued after
the Effective Date of the Agreement and are not
attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the
Contract Documents pursuant to paragraphs 3.4 and 3.5
of the General Conditions.
8.13 The documents listed in paragraphs 8.2 et seq. above
are attached to this Agreement (except as expressly
noted otherwise above).
There are no Contract Documents other than those listed above in
this Article 8. The Contract Documents may only be amended,
modified or supplemented as provided in paragraphs 3.4 and 3.5 of'-
the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in
N r Article 1 of the General Conditions will have the
meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or
interests in the Contract Documents will be binding on
another party hereto without the written consent of the
party sought to be bound; and specifically but without
limitation moneys that may become due and moneys that
5
M •
•
• .}
are due may not be assigned without such consent
(except to the extent that the effect of this
restriction may be limited by law), and unless
specifically Stated to the contrary in any written
consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners,
successors, assigns and legal representatives to the
other party hereto, its partners, successors, assigns
and legal representatives in respect of all covenants,
agreements and obligations contained in the Contract
Documents.
Article W-
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this
Agreement in triplicate.
This Agreement will be effective on , 19
ATTEST: CITY COUNCIL OF THE
to CITY OF EDGEWATER, FLORIDA
By:
Susan 3. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM &
CORRECTNESS:
Krista A. Storey
City Attorney
(COMPANY)
`— Address for giving notice: Address for giving notice:
City Manager
P.O. Box 100
Edgewater, Fl 32132 -0100
6
•
6 ` • February 17th, 1993
°`w�r'9 Cgi#u of dg water
�.y POSTOFFICE BOX 100
EDGEWATER, FLORIDA32032
t MI
a
�01lIT'�
,.
BID TABULATION SHEET 1
0 31/ ' ,,,,
Riverwalk
SUBJECT P 1)11 ? V
DATE
COMPANY AMOUNT OF BID
y //
K -D Construction °L /� l
Orlando g 02 / / /_/ ��.►_I . ii
Allen Green Construction Co., Inc. d
Port Orange 464 V6 '$e `� l /1 6 6 , Y1✓
Superior Builders, Inc. J/ , / Now
0 w Orlando O a o'veo? 4v ✓ 0 2 o� �_� . C2Q
Boyce Construction Corp. / r n
Edgewater ,� l� / Q 02e�C e9e OAS v
L.F. Hayes s Construction ✓ l /
Ormond ,� C(d Q Q 1 /y / am Y Qp m eQ
P.A.V.C.O. Construction, Inc. A / f•i6 ✓ 4� j1� ,/ Indialantic � c � ��
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NOW
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? F
6, A,
AGENDA REQUEST
Date: February 22, 1993
NEW UNFINISHED
CONSENT BUSINESS BUSINESS
PUBLIC
HEARING RESOLUTION ORDINANCE X
ITEM DESCRIPTION /SUBJECT:
First Reading of Ordinance 93 -0 -03 - Comprehensive Plan Amendment
First Reading of Ordinance 93 -0 -04 - Rezoning of land located on
the north side of Cheetah Drive.
RZ -9204 - Rezoning Request
Applicant - John W. Sikes
BACKGROUND:
Mr. John Sikes is requesting rezoning of a .27+ acre parcel from
the R -5 Multi- Family District to the I -1 Light Industrial District.
The parcel is vacant and is located on the north side of Cheetah
Drive, approximately 190 feet east of the F.E.C. right -of -way.
At its February 11, 1993, meeting the Land Development and
Regulatory Agency voted 4 -1 to recommend that the Council amend the
comprehensive plan and rezone the property to accommodate the
applicant's request.
RECOMMENDATION /CONCLUSION:
Staff supports the applicant's request, based on the findings
included in the attached memorandum to the Land Development and
Regulatory Agency. Staff recommends that the portion of the Future
Land Use Map be changed and the property rezoned.
FUNDS AVAILABLE: ACCOUNT NUMBER: N A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO X
DATE: AGENDA ITEM NO.
Page -2-
RZ-92-4 - John W. Sikes
Respectfully submitted,
/iZta,/ -
Mark P. Karet
Director of Community Development
Concurrence:
George E McMahon
City Manager
'`r
err
ORDINANCE NO. 93 -0 -03
AN ORDINANCE CHANGING THE FUTURE LAND USE
DESIGNATION OF THE EDGEWATER COMPREHENSIVE
PLAN FROM HIGH DENSITY RESIDENTIAL TO
Now
INDUSTRIAL FOR PROPERTY LOCATED AT THE NORTH
SIDE OF CHEETAH DRIVE BETWEEN F.E.C. RAILROAD
AND CANAL 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. Luis C. Geil on behalf of the owner, John W. Sikes,
submitted an application for a change in zoning classification from
R -5 (Multi - Family District) to I -1 (Light Industrial District) for
the property described below. To be consistent with the
Nor
comprehensive plan, the subject parcel now designated as High
Density Residential on the Future Land Use Map .should be changed to
Industrial.
2. On February 11, 1993, the Land Development and Regulatory
Agency considered the application for the change in zoning
classification in conjunction with the necessary change in Future
Land Use designation and by a vote of 4 to 1 recommended that the
City Council approve the request.
3. On March 1, 1993, the City Council considered on first
reading the proposed change in the Future Land Use designation.
Now 4. Pursuant to Section 163.3187(1)(c), Florida Statutes, on
XXXXX, 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 XXXXXXXXXX.
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 High Denisty Residential to
Industrial:
Now Struck through passages are deleted.
Underlined passages are added.
93 -0 -03 1
The Easterly 125.00 feet of the Westerly
315.00 feet of Lot 24, East of the Florida
East Coast Railroad, a 100 foot right of way,
except road right of way deeded to the City of
Edgewater in Official Records Book 1641, Page
,ikr. 97, Public Records of Volusia County, Florida,
and except the North 250 feet, Assessor's
Subdivision Shepard and Sanchez Grant, as per
plat recorded in Map Book 3, Page 49, Public
Records of Volusia County, Florida. Subject
to an easement over the northerly 5 feet for
utilities.
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 5.3 of the Future Land Use
Element which address the location of I -1 Light Industrial
Districts.
Now
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, Florida Statutes, the Director
of Community Development is hereby directed to send a certified
copy of this ordinance to the Department of Community Affairs.
`ome PART E. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART F. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, 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
*lo "" Struck through passages are deleted.
Underlined passages are added.
93 -0 -03 2
holding shall not affect its applicability to any other person,
property, or circumstance.
PART G. EFFECTIVE DATE.
`err
This ordinance shall take effect upon adoption.
PART H. ADOPTION.
After Motion by XXX and Section by XXX, the vote on the first
reading of this ordinance held on XXXXXXXXXXXXXX, 1993, was as
follows:
Mayor Jack H. Hayman, Sr. XXX
Councilman Kirk Jones XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
After Motion by XXX and Section by XXX, the vote on the second
reading of this ordinance was as follows:
Mayor Jack H. Hayman, Sr. XXX
Councilman Kirk Jones XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this XXXX day of XXXXXXXXXXXX, 1993.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
'r..r
By:
Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
%Ii '" Struck through passages are deleted.
Underlined passages are added.
93 -0 -03 3
ORDINANCE NO. 93 -0 -04
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM MULTI- FAMILY RESIDENTIAL
,, DISTRICT TO LIGHT INDUSTRIAL FOR PROPERTY
LOCATED AT THE NORTH SIDE OF CHEETAH DRIVE
BETWEEN F.E.C. RAILROAD AND CANAL ROAD;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER ACCORDINGLY; 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. Luis C. Geil on behalf of the owner, John W. Sikes,
submitted an application for a change in zoning classification from
R -5 (Multi - Family District) to I -1 (Light Industrial District) for
the property described below.
Now 2. Pursuant to Section 1101 of the Edgewater Zoning
Ordinance, on February 11, 1993, the Land Development and
Regulatory Agency considered the application and by a vote of 4 to
1 recommended that the City Council approve the request.
3. On March 1, 1993, the City Council considered the
application on first reading.
4. Pursuant to Section 1103 of the Edgewater Zoning
Ordinance on XXXXXX, the City Council held a public hearing on the
application after publishing notice of such hearing in the Daytona
News Journal on XXXXXXX and XXXXXXX and notifying by mail adjoining
property owners.
5. The proposed change in zoning classification is
consistent with the surrounding uses of land in the area.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA.
The zoning classification for the following described
property is hereby changed from R -5 (Multi - Family Residential
District) to I -1 (Light Industrial District):
Struck through passages are deleted.
Underlined passages are added.
93 -0 -04 1
The Easterly 125.00 feet of the Westerly
315.00 feet of Lot 24, East of the Florida
East Coast Railroad, a 100 foot right of way,
except road right of way deeded to the City of
Edgewater in Official Records Book 1641, Page
97, Public Records of Volusia County, Florida,
and except the North 250 feet, Assessor's
Subdivision Shepard and Sanchez Grant, as per
plat recorded in Map Book 3, Page 49, Public
Records of Volusia County, Florida. Subject
to an easement over the northerly 5 feet for
utilities.
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Director of Community Development is hereby authorized and
directed to amend the Official Zoning Map of the City of Edgewater,
Florida, to reflect the change in zoning classification for the
above described property.
PART C. CONFLICTING PROVISIONS.
° fir All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be
inapplicable to any person, property, or circumstances, such
holding shall not affect its applicability to any other person,
property, or circumstance.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion by XXX and Section by XXX, the vote on the first
reading of this ordinance held on XXXXXXXXXXXXXX, 1993, was as
follows:
Mayor Jack H. Hayman, Sr. XXX
Councilman Kirk Jones XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
N" Struck through passages are deleted.
Underlined passages are added.
93 -0 -04 2
Councilman David L. Mitchum XXX
After Motion by XXX and , Section by XXX,, the vote on the second
reading of this ordinance was as follows:
Mayor Jack H. Hayman, Sr. XXX
Councilman Kirk Jones XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this XXXX day of XXXXXXXXXXXX, 1993.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
B
,,. Susan J. Wadsworth Jack H. Hayman, Sr.
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Rrista A. Storey
City Attorney
Struck through passages are deleted.
Underlined passages are added.
93 -0 -04 3
•
MEMORANDUM
TO: Land Development and Regulatory Agency Members
FROM: Mark P. Karet, Director of Community Development
DATE: February 5, 1993
SUBJECT: RZ -9204 - Rezoning from R -5 to 1 -1
John W. Sikes, Applicant
Request:
This request is to rezone half of a .27+ acre parcel from the R -5 Multi- family District to
the 1 -1 Light Industrial District. The parcel is vacant and is located on the north side of
Cheetah Drive, approximately 190 feet east of the F.E.C. right -of -way.
law Surrounding Area:
To the north, the Village Green Condominiums are designated High Density
Residential (8.1 to 12 units per acre) on the Future Land Use Map (FLUM) and are
zoned R -5. Beyond the condominiums is the Highland Shores Unit 1 Subdivision
which contains single family residences and duplexes. The duplexes are designated
Medium Density Residential (5.1 to 8.0 units per acre) and the single family homes
are designated Low Density Residential (1.0 to 5.0 units per acre). Immediately to the
east along Cheetah Drive are single family residences which are designated High
Density Residential and are zoned R -5. Beyond the single family residences across
the 50 foot right -of -way of Canal Road is vacant land designated High Density
Residential which is zoned R -5. To the south across the 40 foot right -of -way of
Cheetah Drive are large lots containing single family residences. These Tots are
designated Industrial and High Density Residential. They are zoned 1 -1 and R -5.
Finally, to the west is a manufacturing business on land designated Industrial and
zoned 1 -1. Beyond the manufacturing site across the 100 foot F.E.C. right -of -way is a
developed portion of the P.I.D.
Nlow
1
.y W
RZ -9204 - Rezoning from R -5 to 1 -1
John W. Sikes, Applicant
Background:
The subject parcel is comprised of two lots as shown on the schematic site plan. Lot
246, the larger of the two, is .16+ acres in size. Lot 247 is only .11 + acres in size.
Apparently decisions were made in the past to hold a 250 foot± depth from the
railroad for the 1 -1 District regardless of the lot configurations or patterns of ownership
in the area. Lot 247 lies entirely within the R -5 District.
The motivation behind this request is the contract purchaser who wishes to construct a
small industrial building. Lot 246 alone is too small to support a building with parking
and stormwater as well as the required 25 foot landscaped buffer that is required
between residential and industrial properties.
Comprehensive Plan Consistency:
Section 163.3194 of the Florida Statues requires that all development actions within
the City must be consistent with the Edgewater Comprehensive Plan. The Future
Land Use Map designates 65 feet of the subject parcel (lots 246 & 247 combined)
High Density Residential. The applicant has asked that the FLUM designation on his
property be changed to Industrial so that the 1 -1 zoning classification will be consistent
with the comprehensive plan.
Development of the subject parcel would be considered infill. This type of
development is encouraged by the comprehensive plan so long as infrastructure is
available. Water and sewer lines are located at the intersection of Cheetah Drive and
Canal Road approximately 300 feet from the site. The developer of the property
would be responsible for extending the lines.
As discussed in the past infill development at the comprehensive plan level is
analyzed almost like a zoning matter. The focus is on location and compatibility.
Policy 5.3 from the Future Land Use Element addresses the location of industrial and
residential uses.
Policy 5.3 - Higher density residential development shall be designated for
areas adjacent to more intensive land uses such as Commercial and Light
Industrial. Where feasible, visual buffering shall be utilized to reduce any
negative effects on the residents of such development.
2
i r
RZ -9204 - Rezoning from R -5 to 1 -1
John W. Sikes, Applicant
The comprehensive plan indicates that industrial uses should be sited in locations next
to areas designated for High Density Residential use. It would therefore not be
inconsistent with the comprehensive plan to amend the FLUM as requested by the
applicant.
Zoning Change:
As we have discussed numerous times before, the City's zoning code does not
contain any specific criteria for granting a rezoning. In the absence of specific
standards, rezoning is a matter of judgement. In order to assess the impact of a
rezoning, the Department of Community Development answers two questions below:
1) Does the proposed rezoning clash with the existing pattern
of land use?
There are three land uses in the area; Industrial, Multi- family and Single Family
residences. The zone change would naturally have no negative impact on the
industrial uses. The Village Green Condominium to the north currently abuts an
industrial use with little buffering. Any new development on the subject site would be
buffered as called for in the comprehensive plan and the zoning code. Condominium's
which are Multi- family provide a transition to the Single Family residences in the
Highland Shores Subdivision. The single family residences to the south across
Cheetah Drive are on large wooded lots that face N. Old County Road. The impact
on these lots would be minimal. The frontage of these lots on N. Old County Road is
already zoned 1 -1. The two single family residences which front on Cheetah Drive
would be impacted more than other uses in the area. The negative impacts will be
mitigated to some extent by the required 25 foot landscape buffer.
2) Are conditions or land use patterns changed or changing?
Conditions in the area have not changed appreciably in recent years. The present
pattern of land use has remained stable. Changing conditions have not lessened the
viability of the subject parcels present zoning classification.
3
RZ -9204 - Rezoning from R -5 to 1 -1
John W. Sikes, Applicant
Recommendation:
Based on the findings outlined above the Department of Community Development
supports the applicant's request. Staff recommends the FLUM be changed to
Industrial and the property rezoned to 1 -1.
MPK/smp
"' c:lldralcorrespo1rz9204
low
4
MEMORANDUM
�... TO: Mayor and City Council
FROM: Sondra M. Pengov, Secretary Land Development and Regulatory Agency
DATE: February 23, 1993
SUBJECT: RZ -9204 - John W. Sikes, Rezoning Request
The following is an excerpt of the Land Development and Regulatory Agency,
February 11, 1993 meeting for RZ -9204 - John W. Sikes, Rezoning Request.
Chairman Helisten asked Mr. Karet to review the rezoning request. Mr. Karet stated
that Mr. Sikes is requesting a rezoning on half of a .27+ acre parcel from the R -5
Multi- family District to the 1 -1 Light Industrial District. Mr. Karet stated the motivation
behind this request is a contract purchaser wishes to construct a small industrial
io,„► building, and lot 246 is not large enough to support a building and meet other districts
requirements, such as buffering .
Mr. Karet said Section 163.3194 of the Florida Statues requires all development
actions within the City be consistent with the Edgewater Comprehensive Plan. Mr.
Karet explained the applicant has asked that the Future Land Use Map designation on
his property be changed to Industrial so that the 1 -1 zoning classification will be
consistent with the comprehensive plan.
Mr. Karet addressed the amendment to FLUM and the zoning change. He said staff
recommends the FLUM be changed to Industrial and the property rezoned to 1 -1. -
Chairman Helisten read a letter received from Ms. Leona Carpenter of 129 Cheetah
Drive, objecting to the applicants request.
"rr
•
Page -2-
RZ -9204 - John W. Sikes
Mr. Luis Geil, authorized agent for Mr. Sikes said he didn't feel the small rezoning
would affect the residence of Ms. Carpenter. Mr. Sikes also indicated the proposed
building would, with the required landscaping, damper the noise from F.E.C.
Mr. Fazzone questioned whether Ms. Carpenter bought her current residence under
the present zoning. Mr. Karet replied yes and he thinks Ms. Carpenter expected a 50
foot lot in between her and the subject lots. Mr. Karet explained that if the request
was approved Ms. Carpenter would have a 25 foot landscape buffer separating her
from the industrial building.
The Board reviewed and discussed the conceptual drawing submitted by the applicant,
Mr. Karet pointed out that this had been presented to the Board so that they could see
how the lot was split zoned. Mr. Karet further explained that the sketch was only
illustrative and should not be the basis of the actual decision.
*ow After further discussion, Mr. Masso moved to accept the request to modify the Future
Land Use Map and the zoning change, Chairman Hellsten passed the gavel to Mr.
Fazzone and seconded the motion. Motion CARRIED 4 -1. Mr. Hildenbrand vote no.
c:11dra\rz9204
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AGENDA REQUEST
Date: February 23,•
NEW UNFINISHED
CONSENT BUSINESS BUSINESS 3/1/93
PUBLIC
HEARING RESOLUTION ORDINANCE
ITEM DESCRIPTION /SUBJECT:
Update on idle zone on Indian River by Jeff Bracey
BACKGROUND:
Jeff Bracey has asked to update the City Council on the status of
the idle zone in the Indian River.
RECOMMENDATION /CONCLUSION:
At the conclusion of the presentation, Council should determine
whether any action on its part in reference to this issue is
``'' appropriate. Please note that this is a highly controversial issue
and has been involved with legal challenges. It should be
thoroughly discussed before any action is taken.
FUNDS AVAILABLE: ACCOUNT NUMBER:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES X NO
DATE: 3/16/92 AGENDA ITEM NO. 7.B.
Respectfully submitted,
o t 7
eorge . McMahon
City Manager
NEW BUSINESS (Continued)
Appointment to Land Development & Regulatory Agency due to expiration of term
of Pete Hellsten - Councilman Hays moved to reappoint Pete Hellsten.
Councilperson Martin seconded the nomination. Councilman Hays commended Mr.
Hellsten for the excellent job. Motion CARRIED 5 -0.
N ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS
First Reading:
Ord. 92 -0 -4 Amending Zoning Ordinance in regard to community residential homes
Community Development Director Mark Karet gave a brief explanation of the adult
congregate living facilities. City Attorney Krista Storey reviewed legislative
requirements concerning these homes. There was discussion on licensing
regulated by the Department of Health and Rehabilitative Services.
Monty McMullen, 502 Halyard Circle, referred to disaster planning for these homes
and the ability of these units to fit into any neighborhood.
Pete Hellsten, 1717 B S. Riverside Drive, Chairman of Land Development &
Regulatory Agency, spoke about concern for the 60 day period. There was
discussion of whether the applicant should have right of appeal to the Council.
Mayor Wessler read the Ordinance. Councilman Jones moved they adopt 92 -0 -4.
Councilman Hays seconded the motion. Motion CARRIED 5 -0.
Second Reading: (Public Hearing)
None
r.• UNFINISHED BUSINESS
Utility billing for winter residents /vacant property owners - minimum bill
relief (Tabled September 16, 1991) - Councilperson Martin moved to remove this
from the table. Councilperson Gillespie seconded the motion. Motion CARRIED
5 -0. City Manager George McMahon displayed comparison utility figures to
several other cities in Volusia County.
John Wilkinson, 126 E. Ocean Avenue, spoke on figures he'd received and
requested at least partial relief on water, sewer, and refuse billing. He
reviewed alternates for relief such as a break for zero usage, 1,000 or less,
and 2,000 or less. Utilities Director Terry A. Wadsworth explained the need for
every household to be a part of paying for the capital expenditures and his
concern for the negative impact on revenue. There was discussion about the
break for recycling and looking at rates in July as provided for in the Code.
Pete Hellsten, 1717 B. S. Riverside Drive, suggested people who use more water
should pay more, or perhaps be penalized, so that there's an incentive to
conserve.
Cliff Clark, 1818 Evergreen Drive, spoke about paying minimum bills for 7 -1/2
years for zero usage and requested relief, if possible.
There was discussion about reducing garbage fees and availability of service
whether the residents are full time or part time and permanent residents having
to pay excess costs for those who are not here. Consensus was the matter would
be reviewed in July during budget time and to look at the rates then as provided
for in the Code with concern expressed that reduced income could hurt the CIP.
Mr. Wilkinson asked that costs be separated with capital requirements and vacant
homes. He noted the low users are subsidizing existing residents.
Mayor Wessler called a recess at 8:17 p.m. and called the meeting back to order
at 8:28 p.m.
Presentation by Jeff Bracey re wIdleltimii the'Indian kiAr
Hal Spence, Attorney at 221 North Causeway, New Smyrna Beach, distributed
leaflets regarding the manatee protection zones. He stated this is an
unreasonable restriction on boaters with a devastating affect on cities in
Volusia County. He gave a lengthy explanation of contacts in Tallahassee and
the various speed zones. He noted he's appealing this from an economic impact.
There was discussion regarding the lack of City input into the process and the
economic impact of officers and equipment needed to enforce these rules.
2 Council Regular Meeting Minutes
March 16, 1992
UNFINISHED BUSINESS (Continued)
Presentation by Jeff Bracey re:, Idle- lefriWthi ` ° Indian , River (Continued)
Jeff Bracey, Oak Hill, spoke about a speeding ticket and warning he'd received.
Pete Hellsten, 1717 B S. Riverside Drive, spoke about racing outboards and
concerns from environmentalists and boating operations with need for compromise.
Rick Rollins, 2640 W. Highland Park Road, DeLand, President of Citizens for
Responsible Boating and owner of a fish camp, spoke about a ticket he received
and statistics regarding manatee deaths. He also spoke about the hearing
before the hearing officer in Tallahassee and requested Council write to the
Governor and cabinet stating it's an unworkable law.
D. K. Smith, S. Glencoe Road, New Smyrna Beach, referred to the amount of time
he spends fishing and the time needed to travel because of idle speed, thereby
causing an economic impact.
Scott Porta, 1818 Date Palm, spoke about the money generated to help the manatee
and this division between the boaters and environmentalists.
There was discussion about invading the manatee habitat by going at slow speeds
compared to sailboats.
D. K. Smith requested Edgewater contact DeLand, Oak Hill, and New Smyrna Beach,
and collectively do this. Mayor Wessler agreed and no Council member objected.
low William Anderson, 1730 Pine Tree Drive, spoke about violations, speeding, beer
drinking, and accidents on the water and said they should pay fines if they
don't follow the rules.
Mr. McMahon suggested legislators be contacted since the Department of Natural
IL Resources takes direction from them.
A ltional Engineering services by Dyer Riddle, Mills & Precourt, Inc. for
advanced wastewater treatment plant for $145,781 (Tabled March 2, 1992)
Councilperson Gillespie moved to remove this from the table. Councilman Jones
seconded the motion. Motion CARRIED 5 -0.
Councilperson Gillespie commented on the 16" and 12" lines, hydraulics and the
time spent on the grant application. Mr. Dan Allen of Dyer, Riddle, Mills &
Precourt, Inc. briefly spoke about pump size and noted there was no effect on
the financing. City Engineer Gates Castle stated he and the Utilities Director
reviewed this and feel the expenses are justified and are recommending approval.
Councilperson Martin moved to approve the payment. Councilman Jones seconded
the motion. Motion CARRIEd 5 -0.
COUNCIL /OFFICERS REPORTS
`ow City Attorney - City Attorney Krista Storey recommended Council not attend the
advisory board and committee meetings because some of the issues may be an
appeal to the City Council and Council must decide the issue on a clean slate
presented at that meeting.
City Manager - City Manager George McMahon explained he and Mr. Munoz will work
with the local bank on the escrow agreement and there won't be a fee involved.
Mr. McMahon stated Parks and Recreation Director Jack Corder will prepare a
report regarding a committee to look into availability of bike path grants.
City Council
Councilman Jones apologized for being late due to a problem at his home.
Councilman Jones stated he's preparing a package on Menard -May Park swimming
for the Citizens Council Advisory Committee. No Council member objected.
Councilman Hays commented on a February 21st letter regarding bill 962 on solid
waste management funds disbursement. Councilperson Gillespie requested Mr.
McMahon make a statement on behalf of the City.
``r
3 Council Regular Meeting Minutes
March 16, 1992
It
1
6/'
NEW BUSINESS (Continued)
Proposal for Hammack Enterprises to do personnel study and legally required work
for compliance with Federal Americans with Disabilities Act requirements for
$19,640 (Continued)
Councilperson Gillespie moved to accept the recommendation of the City Manager
and City Attorney. Councilman Hays seconded the motion. There was discussion
.,. regarding the date for compliance, enforcement of that date, and need for a
personnel manual. Motion CARRIED 4 -1. Councilman Jones voted N0.
Mayor Wessler called a recess at 8:35 p.m. and called the meeting back to order
at 8:39 p.m. She requested that the item under unfinished business regarding
the financial advisors contract be moved up to this time and there was no
objection.
UNFINISHED BUSINESS
Financial agreement with Raymond James & Associates, Inc. and invoices related
to the Capital Improvement Plan - Councilperson Gillespie expressed concern that
no written consent of Council was received when a member left the firm. Stan
Livengood, Vice President, Raymond James & Associates, spoke regarding the
wording in the contract regarding bonds and the State Revolving Fund loans and
the question of payment of the invoices for work done the past two years. He
also spoke on his involvement with the special assessment process.
Councilman Hays moved to accept the recommendation to terminate the agreement
with Raymond James & Associates. Councilperson Gillespie seconded the motion.
Motion CARRIED 5 -0.
There was discussion about the amount paid to date to Raymond James, with Mr.
Livengood noting it was about $30,000. Councilman Jones moved that they enter
into negotiations with Raymond James with our staff and theirs and come to an
agreement one way or the other of who is right and who is wrong, and if needed
to go to arbitration, so be it. Councilman Hays seconded the motion. Motion
CARRIED 4 -1. Mayor Wessler voted NO.
There was discussion about starting the 90 day rundown on the contract and the
restructuring of the escrow with the bond anticipation notes. Councilman Hays
asked that it be included with the negotiations.
NEW BUSINESS
Presentation by Jeff Bracey re: zone in the Indian River
Jeff Bracey, Oak Hill, spoke on the cost of tickets for speeding on the river
and the need for higher limits for commercial fishermen. There was discussion
about recreational activities on the river with Councilperson Martin expressing
opposition to increased speed limits. Mayor Wessler requested that Attorney Hal
Spence be invited to the next meeting to discuss this because of his work in this
area. Mr. Bracey commented on Boston Whaler's permission to speed test boats
at 60 miles per hour in that same river. Mayor Wessler suggested Council let
Mr. McMahon know if they want to invite someone else.
Presentation by Martha Vaughn re: endorsement of Bouchelle property to be
purchased by the State because of environmental sensitivity - Ms. Vaughn
requested Council's support for purchase of this land on the Beachside between
10th and llth Street to the South and back around behind Cedar Dunes for a park
recreation area. She noted it was supported by the City of Oak Hill and the
Chamber and it's part of Preservation 2000 with about 65 acres upland and the
rest is marsh and islands. Councilperson Gillespie moved they endorse the
preservation of this for future generations. Councilman Jones seconded the
motion. Motion CARRIED 4 -1. Councilperson Martin voted NO.
Additional Engineering services by Dyer, Riddle, Hills & Precourt, Inc. for
advanced wastewater treatment plant for $145,781 - Councilperson Gillespie moved
to TABLE this to the next meeting to be fair to Dyer, Riddle because due to her
schedule she wasn't able to pick up her agenda until Thursday night and didn't
have time to research it thoroughly. Dan Allen, Dyer, Riddle, Mills & Precourt,
reviewed the various items covered under these charges. Councilman Hays seconded
the motion. Motion CARRIED 5 -0.
'err
2 Council Regular Meeting Minutes
March 2, 1992
4- •
CITY OF EDGEWATER
.•
, 104 N. RIVERSIDE DRIVE
. P.O. Box 100 - Edgewater, Florida 32132-0100
(904)428-3245 Sun Com 371-7005
01 Pi., 04 February 24,1993
'T
Perry Barrett,
CIO Ponderosa Homes Enc.
602 Indian River Blvd.
Edgewater Fl. 32141
Dear Mr. Barrett,
This department recently feceive an application for a buildino
p for 421 F:anduiper Ct. F1E be .2dv1=0 tOat .F.nrvy
submitted indicats a 1c width of fifty fivg (5771 fc=pt. rpde
requires a minimum of seventy five (75') for a single family
home. The p n not be prre until the minimum
requirements have been met.
Sincerely,
Lynne Plaskett,
Assistant Director of Com Development
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CITY OF EDGEWATER Felifth
P.O. Box 100 „ .
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Edgewater, FL 32132-0100 . •
P 3 I3 0 8 7 9 17
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. • • .•
PERRY BARRETT
C/0 PONDEROSA HOMES
602 INDIAN RIVER BLVD
EDGEWATER .FL 32141
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t ' CITY COUNCIL OF EDGEWATER . • . s• • '',? ri:.:.t.:,
SPECIAL MEETING AND WORKSHOP :4LI ' . ''''''. 7 .i fTI;
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, MARCH 24, 1986 •" , ,. ,-,:',',. :„. 4
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‘,"' MINUTES f; • . ,''.;,^.:,! .
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Mayor Baugh called the meeting to order at 3:02 P.M. in the Commu
Center. He stated the purpose for the meeting vas for a review of the
'44 Planning and Zoning Board recommendations and actions taken at their
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142 March 20, 1986 meeting. '2 ' : , . :• ..:'1:
,v,t!
ROLL CALL . . 1 . ' '' • NAV '
.,.'e
Hayor Earl Baugh Present Councilman James Inman Prestent:9
Councilman Louis Rotundo Present City Attorney JoseAlvarez Present
Councilman Russell Prater Present City Clerk Connie Martinez Present.
Councilman Neil Asting Present Chief Lawrence Schumaker Present
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Mayor Baugh stated that he'd received a letter from Attorney Woods regarding
the Planning and Zoning actions taken regarding Pelican Cove West. City ' : "'
Clerk Martinez read the March 20th letter from Attorney Woods in which he
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requested a special meeting as soon as possible. Mayor Baugh said he feels ..
this is important and they should discuss it and get it worked out. He .' : . ,:- • I
! : i asked Dennis Fischer to show Council what he could to clear it up.
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k'' Denvis Fischer. Building Official. pointed out that City Attorney Alvarez
order
had listed a chronological of events at the last Planning Board meeting .t.
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He displayed a pictorial of lot sites and guidelines asto requirements. He
pointed out that in 198Z when it was accepted there vas a variance for the lot
sizes and in R-4 they called for 75 by 115 lots and a variance was given on • , ; :l.' , :- , :.• '
;..4„ 801 of the lots that did not have the 115 foot depth. He said most are 100 to •, ;:.• ,, .
ole,, - ....- •
. 105 foot depth. He said they vere broken down to 50 foot lots with duplexes A .
on 100 by 105 foot lots. He noted that it comes to 4.93 dwelling units per '
.. 1 acre which is below the 5 per acre requirements at that time. He said the t :.•,;,;
variance was for the change from 75 by 115 to 50 by 105 foot lots. He stated ,
that R-4 setbacks have changed since 1992 as prior setbacks were 25 feet with '',.
20 feet in the rear and 10 feet on each side. He said the side setbacks have ::„. : ; :. ''' : 4
not changed but the front and rear did. He said since the variance was given
...-,- the setback requirements changed from 25 to 40 feet for R-4 and rear from : .-„:: • tl,
20 to 25 foot. He asked if they have to conform to existing setbacks or the .:'
existing R-4 setbacks when the variance vas given. City Attorney Alvarez : .&::1:''L:t •
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said they'd go with the initial as they can't change rules during the game.
Hr Fischer s
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. tated it would be 25 foot front setback and 20 foot rear and „ . :. -,.: ....,„:‘ •
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10 foot aides. ..,I.v,
. . Hr. Fischer then questioned the 9 permits pending for single family homes.
He said the applications for single family are on 50 foot lots and some "' )'.,'
lAiP, lot. ..-4.ii
larger with part of the next He stated this will decrease the number * '.... .
of units per acre and will not violate the cap of 5 per acre. He added that ',
the way it's set up with duplexes, it will be 5 per acre.
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A Councilman Asttng said they have to honor the Council actions in 1982.
.;:;-.. Mayor Baugh noted that was the recommendation of Planning and Zoning and
the Council in 1982. City Attorney Alvarez agreed and asked if Council
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ha any q
d anuestions for hive.
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Councilman Rotundo asked if Hr. Carder is planning to build all single family :\!
hoses on this parcel. Hr. Carder stated that when they originally applied ''''.°, • ''' .-
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to Planning and Zoning for Pelican Cove West he'd requested that they wanted'
to do it the way they did in their first, venture of zero lot lines in
i. •,-, , , r Cove. He said they built 4 units on 2 lots which were 55by 90 and eingleir&a '
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fasily 50 by 100 and duplexes on 50 by 80 foot. He said in Pelican Cove Wet -I'.-:• l ,4... • , ...,
on about 95 hose ! they put single family on 75 foot lots and on 100 foot lots,I,A't
and duplexes on 50 by 100 and single family that went through Planning
on 50 by 110 foot lots. He noted that all met the 1200 foot minimum require-11,;'
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,., cent on floor eras. and they'd like to continue to do this in the balance
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the subdivision. He said that from a sellable standpoint they haveabout:144; 1 4:1
patio hones available for sale and single family homes, with thaexcaptionOt4;Pi '
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1, have been sold. He reviewed the price ranges for the various 'size bomea; !f) .
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and the different sized lots for those who wanted less yard to maintain.:W.
He added that they went to put 8 modelein the subdivision':.for4eoplittoW4
choose from. and they could have 1,,11.or 2 lota,',Whitairer'theywant ' 1.W;:Arial,-.
said they sant to do this in developing part of4hisVeubdivi8i0n:4,0a$
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!, their tlarch 20, 1986 meetina . (Continued) •-', , ., ,.•,‘. .,,,, :,.., - S. , . 1i., i`,, ‘'''''':.■
L Councilmen Asting asked if Phase II will be mostly 'single family.houtei;and4
. °:,".•• Hr. Carder replied there would be about 25 'to 3T,single family;hasteit•
1 Councilman Rotundo asked City Attorney Alvarez ifltitould be fair
'. ''•.4, , feasible if they would go to'single family:from duplexes iCthily'littitItAxNeSt''''
I r the building code requirements. City Attorney Alvarez' stated. that -; the, R - iv
' -- ,i,,, .,, ; ...ei I zoning district in the Code allows as a principle use single` families 'or .`,"`
-. , — „, . i duplex patio homes and either can be built.','N He added"that the:
,' •.,. :....t. ; when the project was approved in 1982 there was a set of plancthat'tsindicatt""`:•■•
• I a series of patio homes or duplexes, and when they came in forAuilding permitap
i for single family homes, administration was concerned because it was. different :g
i s , , 4: .:1, :,-,,,,'1 . ,L from what's shown. Ile said to prevent any raisunderatandinces to ,tir.0 Fischer' BM
it' .: s ,
; approving or not approving was why this meeting was calleCiandlto',elininate
/ 1r -; ..Y,4t: ' ;:i. , misconceptions, rumors, and substitutions. '. He again stated't,thatkainglet.family ;:;"'?
or duplexes are allowed in R:.-4, and the setbacks:and sida,yardS have::10..be' ,..
' the ones existing when it was approved, as they'can't be changed now,thatthe..
.•,,• ....:::‘,,v:ii streets are built. He noted that single iamily;instead of•duplextlistheiV
1,',I7e.A44'W.4 advantage with density and demand for services'.': said'aOlong'aa
buildings stay within!the setbacks' in existences.whenr the proj act vas approved,: -
-"! .vi:Ak 4 .,..-.. and that Dennis Fischer is comfortable with!those dimensions and' they're 'Iri!
the permitted uses, end density doesn't go'beyond what wasallowed in; 1982, --•.:
then they're building` according to CounciVa intentions. t ile added',that' from ••.t
.'' •,t,'•'-':`trrtt..$...,4 .
ig.xm,A,f1v4,:.iv,z,i a legal point of view, the drawings are approved and he has a right to:builC: ',.
_,.... r.:,, e,•••./ ist Councilman Asting moved that J. C. Carder be permitted to continue development ',.:
'';',\``'Wt4;140/' 1 of Pelican Cove West in accordance with the actions of the 1982 Council. ' ' .' '?.
'4>;:: Mayor Baugh noted that will allow both single and duplex and Councilman , t, ,I.
'ri,',' . ,4 • &sting agreed. Counciltaan Rotundo seconded the motion. Notion CARRIED 5-0 '4)
Mayor Baugh advised Hr. Carder that he can building. :i• .'i 'tip'i.: r. +•. f ...
,' Mayor Baugh called a 5-minuta recess at 3:22 P.M, as taembers of the.audience'.:,;,
'''' ' 3 '1 ' were leaving. Hayor,Baugh called the meeting back in session at'3:2
.,--u.!4,-...e— • C.ouncillean A.sting stated that when he was at the meeting on Thursday . there' ti,,,:t:'-,F.`"
':•!.., 4 - . ',.; • `.. . nothing in the Code that had a provision for an upholstery shop which yas' it
f,i'' .. :1:•',?,,-*., y compatible vith that zoning. He made a motion that upholstery shops bei : k.
L W. „, „.4-y'i '. , i , ik-1., .'i:, '. P i ' Councilman Inman seconded the motion. City Clerk Martinez noted that 'the - •
, •*k ,•.. .i; upholstery shop vas in the permitted uses of 13-3 and when they revised the.
li".,• l '•,` '_:.';'.':f •,• Mayor Baugh stated they have an upcoming mat on the Montesano cas• and he'd'' •1:1,
: , ,011 1 . 5 „ . c o . . . like the Attorney to contact the insurance atttorney to continue at the' ' - ' ,-,':
"iIV ?A,J. Y same rate he vas charging at the time. He added that he knows the case and '.,.:
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If
' they need Council authorization to have then continue vith the case. .:••••.• z•t,:' : 41
11 n . ,-4i!re. 4 :,,t ,q% t, Attor-ney Alvarez stated for the record that the name is David Walsh. . Motion • • N
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1 , 3 . Councilman Rotunda asked if they can appoint a member to 'the Board now 'and .:.+.',
'-' - ,3,3,- ., City Attorney Alvarez replied he didn' t think so. Mayor Baugh' noted. it • wean' t '- :
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March 1, 1993
Mark Karet
Lynne Plaskett
Dept. of Community Development
City of Edgewater
P.O. Box 100
Edgewater, FL 32132
Please find enclosed copy of your certified mail, P 360887917.
Also enclosed is copy of minutes from a "special meeting and
workshop" held on March 24, 1986. After reviewing the minutes
of this meeting, please put it in writing that you will process
the permits that we have applied for on the 50' and 55' lots in
Pelican Cove West. I would like this done by the close of bus-
iness today so I might expedite the permits I have applied for
so we may construct these pre -sold homes. Please keep in mind
you just processed one permit for 426 Sandpiper Court and it
was also on a lot that had a net width of less than 75'.
Sincerely,
Perry R. Barrett
Ponderosa Homes, Inc.
Hand - delivery