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08-03-1998 ~'" Q o ~ Votina Order Councilman Hammond Councilman Roberts Councilwoman Lichter Mayor Allman Councilman Gornto AGENDA CITY COUNCIL OF EDGEWATER August 3, 1998 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES A. Regular meeting of July 20, 1998 3. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (This is the time for the public to come forward with any comments they may have on any agenda items other than public hearings. Please state your name and address, and please limit your comments to five minutes or less.) 4. CITY COUNCIL REPORTS 5. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing - Ord. No. 98-0-05, Amending the Zoning Ordinance, Article VI (District Use Regulations and Requirements), Section 606.01 (B-2 Neighborhood Business District). 6. CONSENT AGENDA Items on the consent agenda are defined as routine in 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. First Amendment to Recycling Contract - Southard Enterprises, Inc. 7. OTHER BUSINESS A. Land Contract and Sale Agreement - for the purchase of property for Fire Station 57, requiring Mayor's signature. B. Blanken's Landing - SD-9601 final plat approval. Continued on page 2 '\ o o ., Agenda - City Council of Edgewater August 3, 1998 - Page 2 8. GENERAL CITIZEN COMMENTS/CORRESPONDENCE 9. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 1) Update on YMCA discussions 2) Response to VCOG/MPO concerning US 1 Arterial Investment Study 10. ADJOURN. NOTE: All items for inclusion on the August 17,1998, agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, August 10, 1998. Pursuant to Chapter 286, F.B., 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. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 904-424-2407, prior to the meeting. a:\agenda80.398 Water Quality and Quantity Monitoring Water quality and quantity data are collected throughout the District and are available to local governments. In some areas, interagency agreements have been developed to coordinate sampling efforts. Programs for volunteers to assist with sampling have been implemented in some counties. A model has been developed to assist local governments in predicting potential stormwater problem areas. Wellhead Protection Modeling On request, the District provides scientific modeling of public supply wells to identify local wellhead protection areas and assists local governments in developing programs to protect those areas. Well Plugging The District has a cost -share program for local governments to plug abandoned artesian and resource - threatened wells. These include wells of landowners, local governments and utilities. Agreements are in place in Indian River, Clay, Brevard and Seminole counties and the city of Jacksonville. Local governments that participate can assist landowners with plugging at no cost. Wells may also be plugged through individual agreements. Workshops Every year, the District hosts conferences. Workshops are available on such topics as land acquisition and management, flooding, erosion control, water conservation, stormwater management and water supply management. District staff can also assist in leadership programs for elected and appointed officials, for example, zoning and environmental advisory boards. Assistance and materials on a large variety of subjects are available to local governments. They are all free, just for the asking. For day -to -day government business, as well as for planning for future needs, the St. Johns River Water Management District has staff ready to help. The District's intergovernmental coordinators assist local governments in determining if District programs can meet their needs, and which staff can help. Here's a glance at those programs: Comprehensive Plan Technical Assistance kt The District can help local governments with their comprehensive plan amendments, evaluation and appraisal report (EAR) development and plan updates. A directory of maps and reports is available. Cost - share m -p /Ak / The District began two new cost -share programs in the 1996 -97 fiscal year. Funding is available to help local governments with stormwater planning and implementation and alternative water supply development. Environmental Education For information on any of the services listed, please contact the intergovernmental coordinator listed for your area or contact the Office of Policy and Planning at (904) 329 -4422. Published by the St. Johns River Water Management District P.O. Box 1429 Palatka, FL 32178 -1429 (904) 329 -4500 Visit us on the Internet: http: / /sjr.state.fl.us Free educational material is available from the District on topics such as Xeriscape landscaping, water conservation and stormwater management. Videos on stormwater pond maintenance and the Watershed Action Volunteers program are also available. The District cooperates with local W, school boards to create countywide and site specific public education programs. For more information on available publications, or for an order form, call the Office of Public Information at (904) 329 -4540 or 1- 800 - RALLY -22. Flood Credit Assistance The District provides data to communities so they can receive credits from the National Flood Insurance Program's Community Rating System. The credits can result in flood insurance premium reductions of up to 45 percent. St. Johns River Water Management District Flood Protection / Emergency Response The District's flood protection program complements local government efforts by focusing on regional flood issues and permitted stormwater systems. Non - regulatory activities include avoidance or resolution of regional flood problems through planning and research, floodplain mapping, local government technical assistance, limited cost - sharing, intergovernmental flood working groups, acquisition of floodplains and lands for regional stormwater parks and construction and operation of regional flood control facilities, where necessary. When counties are faced with a major or catastrophic disaster, the District partners with other state agencies to assist counties and local governments in emergency response and recovery efforts. Geographical Information System Maps Maps of public lands, floodplains, aquifer recharge, wetlands, potential surface water quality ,r problem areas, priority water resource caution areas and regionally significant habitat are available. A GIS atlas and data descriptions are available through the intergovernmental coordinators. In addition, county Water Resource Atlases are available for 17 counties. They include a variety of maps, information on related issues and a list of partnerships. These atlases are available on the District's web site at http: / /sjr.state.fl.us. Intergovernmental Coordination Meetings The District hosts and participates in forums for local governments to discuss growth management and environmental issues that span jurisdictions. Intergovernmental coordinators help various groups work together to solve major problems from flooding to water supply. Land Acquisition & Management The District uses Preservation 2000 and Save Our Rivers funds to buy lands throughout the District. A small portion of acquisition money — about 2 percent — comes from ad valorem taxes. Local government partnerships are very important to the success of the land acquisition program. In the 1996 -97 fiscal year, matching money amounted to 30 percent of the purchase price of District - acquired lands. About 60 percent of District lands are managed in cooperation with other agencies, and 98 percent of those properties are open to the public. The District's Five Year Land Acquisition and Management Plan and a recreation guide identifying each site are available for distribution to the public. Public lands protect floodplains and natural systems, and provide areas for wildlife and groundwater recharge. Pilot acquisition projects have been implemented to create stormwater parks and to address regional water supply issues. Staff can help local governments identify priority land acquisition areas, prepare state grant proposals and submit potential acquisition areas to the District for consideration. Local Government Partnerships Intergovernmental coordinators conduct partnership meetings with local governments to identify joint projects. The District's Governing Board and staff use the information about joint projects in strategic planning and budgeting, as well as in determining the priority of cost -share requests. Ordinance Development A directory of model land development and resource protection regulations is available to local governments. Topics include floodplain and stormwater management, efficient landscaping, and protection of shoreline, surface water, groundwater, wetlands and wellheads. Permit Assistance Local governments anticipating a permit for a major highway or a stormwater project can request a pre - application conference. Permitting staff welcome the opportunity to meet in advance of a permit application submittal to discuss any concerns or information needs. Local governments can also request information on permits being applied for in their area. Regional Water Supply Planning The state's water management districts are studying alternative water sources and are facilitating regional water supply planning to better manage our water supply. Representatives of water supply a utilities, local governments, agricultural operations and others advise the District on current and future water needs. Particular attention is being paid to areas identified as priority water resource caution areas in order to avoid potential adverse impacts and develop alternative strategies to meet long -term water supply needs. Surface Water Partnerships Major water resource projects are in place in the Upper St. Johns River Basin, the Indian River Lagoon, the Ocklawaha River Basin, Lake Apopka and the Lower St. Johns River Basin. Other project areas include the Little Wekiva River Basin, Lake Jesup, Orange Creek, St. Marys River and the Northern Coastal Basin. The District works closely with local governments to plan and implement projects that address issues such as flood protection, water quality and restoration of natural systems. Technical Reports and Data Information on water and natural resources is available at the District's library, outreach center in Palatka and Office of Public Information and on an Internet site at http: / /sjr.state.fl.us. Water Conservation Help is available to develop water conservation plans through the Office of Policy and Planning. A Xeriscape' demonstration garden and an indoor retrofitting program at District headquarters provide examples for local governments wanting to serve as models for their communities. In addition, the Office of Public Information sponsors courses on environmental landscaping, and has booklets or other printed materials available on such topics as retrofitting and water conservation. Y es!I'd like to learn more about the local government assistance offered by the St. Johns River Water Management District. ❑ Please have an intergovernmental coordinator contact me at the telephone number listed below. ❑ Please add my name to your Local Government Monthly Mailer. My address is below. ❑ Please call me regarding a presentation to our local commission/staff. ❑ Please send me information on the subjects I've checked. ❑ Alternative water supply cost - sharing ❑ Comprehensive plan technical assistance ❑ Geographic Information System maps ❑ Intergovernmental coordination meetings ❑ Regional water supply planning ❑ Water quality and quantity monitoring data ❑ Surface water restoration projects ❑ Water conservation assistance ❑ Wellhead protection modeling ❑ Well plugging program ❑ Stormwater cost - sharing ❑ Flood protection information ❑ Flood credit assistance ❑ Permit assistance ❑ Land acquisition and management ❑ Environmental education ❑ Technical reports and data ❑ Workshop listing ❑ Ordinance catalog Name Local government Address City Daytime telephone E -mail address Other areas of interest: Intergovernmental coordinators for the St. Johns River Water Management District Gene Caputo Alachua, Lake, Marion, Putnam and Flagler counties (Palatka Service Center) P.O. Box 1429 Palatka, FL 32178 -1429 (904) 329 -4437 SC 860 -4437 FAX (904) 329 -4485 Kraig McLane Baker, Bradford, Clay, Duval, Nassau and St. Johns counties (Jacksonville Service Center) 7775 Baymeadows Way Suite 102 Jacksonville, FL 32256 (904) 448 -7904 SC 880 -7904 FAX (904) 730 -6267 Nancy Christman Orange, Seminole, Volusia and Polk counties (Orlando Service Center) 618 E. South St. Orlando, FL 32801 (407) 897 -4346 SC 342 -4346 FAX (407) 897 -4354 Marguerita Engel Brevard, Indian River, Okeechobee and Osceola counties (Melbourne Service Center) 305 East Drive Melbourne, FL 32904 (407) 676 -6606 SC 350 -6606 FAX (407) 722 -5357 Title State Zip Code Evening telephone ( BUSINESS REPLY MAIL FIRST -CLASS MAIL PERMIT No. 10 PALATKA, FL POSTAGE WILL BE PAID BY ADDRESSEE ST. JOHNS RIVER WATER MGMT DISTRICT ATTN: OFFICE OF POLICY AND PLANNING P. O. BOX 1429 PALATKA, FL 32178 -1429 NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES ----------------------------------------- CUT ON DOTTED LINE Lake Legislative Action The Lake Apopka Restoration Act of 1996 set aside $20 million toward the purchase of 13,000 acres of farmland on the north shore of the lake, with a mandate to create a stormwater management system to reduce the flow of harmful discharges from the farms if land purchases fall short. Federal funding for restoration was obtained by the District in the form of $26 million from the U.S. Department of Agriculture's Wetland Reserve Program. In 1997, SB 1486 provided an additional $45 million to complete the acquisitions. Apopka SJRWMD Response The District has entered into contracts to acquire the key parcels around Lake Apopka, accomplishing 95 percent of the land acquisition goal to implement the Lake Apopka Restoration Act of 1996. Negotiations are continuing with other farmers who own land on the northern edge of the restoration area. Expedited Permitting Program Legislative Action SB 1154 amended the expedited permitting and local comprehensive plan amendment review process for economic development projects by adding a local government option, reducing the size of allowable projects in terms of jobs, and defining certain new procedures. The process provides for a statement of permitability within 30 days of the pre - application meeting with permit team members, and final agency action on permit applications within 90 days after receipt of completed applications. SJRWMD Response The District finalized a memorandum of agreement with the Office of Tourism, Trade, and Economic Development for the expedited processing of economic development projects under SB 1154. District staff participated on the team that tried to attract a $410 million Boeing project to Brevard County. Boeing opted to go to Alabama, where $400 million in corporate income tax relief was offered. However, the regulatory process seemed to work effectively. Florida Space Coast Economic Development Council Director Lynda Weatherman complimented all the agencies involved, including the District. District staff are is currently working on a Winn Dixie expansion project near Baldwin in northwest Duval County. Water Control Districts LegislativeAction HB 501 created, repealed, and revised provisions relating to water control districts. The bill changed the name and implementation requirements for water control plans, formerly known as "plans of reclamation." Plans must be reviewed and revised by October 1, 2000, and every five years thereafter to meet minimum standards, such as including engineering drawings and reports, current budget information, and administrative structure. Review of the water control plans was shifted from DEP to the WMDs. SJRWMD Response The District has attended two workshops with the special districts to discuss implementation of the bill. The District has offered technical assistance and review of drafts to assist with plan development. Review of the plans will help provide early guidance to water control districts on future permitting requirements, coordinate surface water quality efforts in major project areas such as the Indian River Lagoon, and assure communication on potential land acquisition and flowage easement issues. St. Johns River Water Management t The 1997 Legislature took a variety of key actions related to water and natural resources. Three of the most far - reaching pieces of legislation addressed water supply, land management, and Lake Apopka. Some of the other bills that related to water management districts Dealt with expedited permitting, water control districts, and Surface Water Improvement and Management (SWIM) funding. This legislative update summarizes key elements of that legislation and actions the St. Johns River Water Management District (District) has taken to respond to new requirements and responsibilities. Water Legislative Action HB 715 addresses water supply planning, minimum flows and levels (MFL), long -term consumptive use permits, and water management district (WMD) governance. Water Supply Planning provisions required the WMDs to: • Complete a 20 -year Districtwide water supply assessment by July 1998 • Identify water supply planning regions where supplies are inadequate to meet current or future water supply needs • Initiate regional water supply planning for priority regions by October 1998 • Include the following in regional plans: water demands for 20 years, options to meet those needs, cost and funding sources for each option, and a list of WMD water resource projects to support water supply development Minimum Flows and Levels requirements directed the WMDs to: • Develop an annual MFL priority list and schedule, including waters expected to experience impacts • Report MFLs established within the planning region in each regional water supply plan 71 W. Gl1� / Supply • Develop recovery or prevention strategies for water bodies that are below or are projected to fall below MFLs Water Supply Permit provisions were changed to: • Require WMDs to grant a 20 -year consumptive use permit if requested by applicants, if there is sufficient data to provide reasonable assusrance that the permit conditions will be met for that period of time • Allow WMDs to require 5 -year compliance reports for 20 -year permits and to modify those permits where necessary to ensure that initial permit conditions will be met WMD Governance changes related to budget reporting, governing board appointments, and executive director selection. Three primary provisions required each WMD to: • Furnish their tentative and adopted budgets and annual audits for review and comment to the Governor, Legislature, DEP, and all counties in the District • Obtain the Governor's approval of the WMD budget • Develop, with the Governor's Office, a new standard budget reporting format using specific revenue and expenditure categories District Water Supply continued Land Management continued SJRWMD Response Water Supply Planning — The District completed a Needs and Sources Assessment in 1994 that will be updated in 1998 to include water supply projections through the year 2020. More than 38 percent of the District was identified as a Priority Water Resource Caution Area, defined as an area with current or projected water supply problems. impelemeted without unacceptable impacts. Plans are scheduled to be completed in the fall of 1999. Minimum Flows and Levels have been determined for 75 lakes and one spring. Forty-four levels have been adopted by rule. The District submitted a priority MFLs list to DEP in November, as required. Water Supply Permit Requirements — The District has begun to issue 20 -year permits under the criteria provided. SWCD Coordination — SWCD representatives have been added to each of the District's Regional Recreational Advisory Councils and will participate in the management review teams. Two less- than -fee acquisitions and two full fee acquisitions with continued agricultural use are currently under consideration for SWCD management in Brevard, Lake, and Seminole counties. Management Review Teams — Prior to passage of HB 119, the District had established three recreational advisory committees to provide input on land management planning and implementation in each region of the District. Since the bill passed, the District has expanded those councils to include private land managers and a member of the local SWCD. Reviews of many plans in each region have been scheduled. Reviews will include assessment of the land management plans and supporting documentation, such as burn plans and reports. A tour of the property is included to allow members to see how the plans are being implemented. The District had established an advisory group and begun alternative water supply investigations to be used for water supply planning prior to the new legislation. Kick -off meetings for the planning process were held in four key areas last fall. Similar meetings are being scheduled in other areas within the next three months. Follow -up work group meetings will be held during the year. Their purpose is to bring all interested parties together to identify water supply strategies that can be WMD Governance — District staff have worked with the Governor's Office staff to develop a standard WMD budget reporting format. The Governor's Office completed a thorough review of the District's fiscal year 1997 -98 budget and approved it. Land Management Legislative Action HB 1119 directed the WMDs to complete a study of needs and priorities for the remaining three years of P2000; specified procedures for management of state lands and natural resources; provided that soil and water conservation districts be considered in the management of fee simple and less- than-fee lands with continued agricultural use; and encouraged volunteer and cross - agency cooperation in land acquisition and management. The District has begun or completed implementation of many of these requirements, as follows: P2000 Study provision required each WMD to: • Determine what ecological resources are inadequately represented and which approved projects can best fill that need • Identify significant natural areas and watersheds that can be conserved by conservation easement or other less -than -fee technique • Outline the minimal lands needed to effectively protect and manage partially completed acquisition projects • Complete the study by October 1, 1997 Soil and Water Conservation District (SWCD) Coordination provisions required that the WMDs must first consider a SWCD to manage and monitor any fee simple or less -than -fee acquisition that is or will be used for agricultural purposes. Management Review Team provisions required establishment of regional review teams with specified membership including a local resident, a private land manager, and representatives of various agencies, the local SWCD, and a conservation organization. The teams will be used to review management plans developed for each parcel purchased by the District. SJRWMD Response P2000 Study was completed by October 1, 1997. The District's report contains a priority list of 140,000 acres for which the remaining approximately $70 million in P2000 funds will be used. This list emphasizes regional water resource values including water supply. Of the lands targeted, 30 percent are within CARL projects and 50 percent to 60 percent are potential partnership projects with cooperating agencies and local governments. Major potential less- than -fee projects included are Ranch Reserve and the Northeast Florida Pinelands Initiative. The Pinelands Initiative focuses on pine plantations in the Nassau, St. Marys, and Lower St. Johns River basins. Ranch Reserve, in the Upper St. Johns River Basin, consists of four ranches west of the St. Johns River in Osceola County. The headwaters of several streams flow from these lands into the St. Johns River Marsh in the Upper St. Johns River Basin Project. Escape Ranch, the large central tract, has been placed under conservation easement by the District. Surface Water Improvement Management Legislative Action In 1987, the Florida Legislature enacted the Surface Water Improvement and Management (SWIM) program to improve and protect the state's surface water;. Initially, the legislation required WMDs to provide a 20 percent match to the state's 80 percent funding. This directive was revised in recent years to require a 40 percent match from the three most populous districts. In reality, the District's match has increased dramatically as a result of decreases in the state's annual SWIM allocation. The District's share of state SWIM funding has dropped from more than $5 million in 1987 to just under $400,000 for the 1997 -98 fiscal year. The District's ad valorem revenues, federal funding and other funding sources are providing the remaining appropriation of $13.4 million for this year. The reduction in the state's contribution has increased the use of WMDs' ad valorem dollars and deferred many partially completed projects. The District has set priorities and funded the most critical projects to ensure that public investment in those efforts is not lost. In order to temporarily alleviate the funding shortfall, appropriations bill SB 2402 directed a portion of recycling grant funds to the SWIM program and aquatic plant management for fiscal year 1997 -98 only. The bill created the Solid Waste Management Trust Fund Review Commission ( SWMTFRC) to evaluate funding strategies for meeting the future needs of solid waste management, SWIM, and aquatic weed control. SJRWMD Response The District has provided information and support to the SWMTFRC regarding SWIM activities and funding needs. A final report from the SWMTFRC is due January 30, 1998. Review Commission Recommendations The final draft report from the Review Commission states: The SWIM program funding needs range from a low of $12 million to a high of $40 million, depending on the scope of the program. The Commission recommends that SWIM receive state funding of $25 -30 million a year. The mid -level range will allow the program to achieve results at the level envisioned by the Legislature and needed to restore and protect the state's priority water bodies. NEEDS ARE GROWING • In 1990, consumptive water use districtwide totaled 11 *g NAGEMENt If you would l supply plannij programs and River Water M or write any of St. Johns River P.O. Box 1429 Highway 100 1 Palatka, FL 32" (904) 329 -4170 (904) 329 -4422 (904) 329 -4540 Or visit us on i http: / /sjr.stat( 70-4LO I.i Within the next few years, the St. Johns River Water Management District will develop a regional water supply plan that will assure affordable and dependable sources of water. The plan will be developed cooperatively with local and regional governments, major water suppliers and users, and interested citizens. Our goal is to resolve water supply issues before they become major problems. Here is why we need a regional water supply plan and how you can help. Y' Walerfor the C7cuture BAKER DUVAL CLAY y BRADFORD' Green Springs St. Augustine ST. JO N Gai sesville Palatka ALACHUA PUTNAM Bunnell BAKER L _ �� FLACLER MARION Ocala � tRADFORD DeLand VOLUSIA ( \ \HNS WORK GROUP Leesburg F Sanford AREA IV /� LAKE I I SEMINOLE Orlando ORANGE Priority Water \ Resource Caution Areas define OSCEOLA regions where alternative water _ supply strategies �" are needed to meet POLK future needs EXISTING SOURCE IS LIMITED • The Floridan aquifer provides almost all of the existing public supply and a large part of the agricultural supply. a' • This source is of good quality, economical, and highly reliable. Daytona Beach M elbourne BREVAR NEED NEW WATER 'PLY SOURCES • New approaches may require: - New sources - Better managed existing sources - More water conservation `rn "" "AfZTICIPATION IS VITAL • With your input, the District will develop workable regional water supply plans • The Floridan aquifer cannot provide all future water supplies without: - Damaging wetlands - Reducing spring flows - Increasing salt water intrusion - Creating interference among users • To be successful, we must work together to: - Identify and avoid water use conflicts - Minimize costs while protecting our natural resources - Develop a permitable plan PLAN DEVELOPMENT IS UNDERWAY WORK GROUP MARION l WORK VOLUSIA CROUP • The District has: AREA LAKE SEMINOLE o . ORANGE -J --- LJ J - Investigated alternative water supply strategies, including: - surface water - brackish ground water - artificial recharge - reclaimed water for irrigation >U RCE GIVEN PROTECTION • All water supply plans will: - Avoid or mitigate wetlands impacts - Avoid significant spring flow reductions - Protect the integrity of the Floridan aquifer - Identified work group planning areas Water - Set a plan development schedule supply Planxung Work Group • Join our effort now. ` Areas - A \ OSCEOLA POLK `- BREVARD� r -. �- BAKER DUVAL AREA V CLAY tRADFORD I ( \ \HNS WORK GROUP ST.lO AREA IV 1 WORKGROUP ALACHUA PUTNA AREA III L_ FLAGLERI WORK GROUP AREA 11 - Identified work group planning areas Water - Set a plan development schedule supply Planxung Work Group • Join our effort now. ` Areas - A \ OSCEOLA POLK `- BREVARD� 3 ss Lake 1 Monroe Atlantic Ocean V usia _ Seminole 2 50 P ; _,... CL Al 7 0 Cape Orange 3 OCanaveral 3 11 4 1 ,9 _..- g - Melbourne 6 1 7 ® 7 ` 1 95 � 0 9 8 Br vard 0 Blue Cypress Vero Lake 3 Beach Osce 1 Indian ver Project Update Upper St. Johns River/ Indian River Lagoon Basins Legend Upper St. Johns River Basin - Indian River Lagoon Basin Water /A County boundaries N Major roads N SJRWMD boundary Water supply planning 2Q Water supply demonstration project 03 Water supply construction cost -share ® Minimum flows and levels Q Upper St. Johns River Basin project © IRL dredging and stormwater retrofit City of Palm Bay stormwater park ® Stormwater cost -share Q IRL wetland restoration t1�( Brevard Zoo exhibit 0 Lake Washington weir 1© St. Johns River Celebration 1© Abandoned artesian well plugging Blueway acquisition project ® Less - than -fee acquisition Recreation sites Environmental education 1® Brevard County stormwater mapping Note: Numbers on map represent general locations of selected projects. St. Johns River Water Management District St. r wvr� The projects described below are in progress or recently completed. This list represents activities and studies that will have direct consequences related to water supply, flood protection, water quality, or natural systems; it does not present a comprehensive collection of District projects in these basins. Johns River Water Management District Water Supply Planning__ A two -year planning process was initiated by the District in the fall of 1997 with the establishment of work group areas. Depicted in the Water 2020 brochure, these areas are based on locations where impacts to water quality, natural systems, or existing legal users are predicted to occur. Work groups consist of representatives of major water suppliers, local govern- ments, environmental organizations, public interest groups, and developers. Working closely with the District, each group will develop a regional water supply plan. Public participation in the planning process is encouraged. Parts of Work Group Areas I and II are in this basin group. The planning process for Area II, composed of Volusia County, south Flagler County and the southeast comer of Putnam County, is directed by the Volusian Water Alliance, which consists of county and municipal governing bodies. The District provided $250,000 to help set up the Alliance, and $125,000 for a consultant to serve as their staff and prepare a regional water supply plan. Brevard County, part of Area I, will also be developing a plan of its own, which will be integrated with the Area I plan. A Brevard Water Supply Board has been formed by all the local governments in the county to oversee Brevard work group activities. Public information workshops were held in November 1997 for Areas I and II. The first set of work group meetings were scheduled for the last week in January. © Water Supply Demonstration Project The District is investigating the technical, being assessed as a means of avoiding undesirable environmental, and economic feasibility of various impacts from groundwater withdrawals. Results will be alternative water supply strategies. As a part of these available for use in the development of the regional water investigations, at the City of Titusville wellfield the supply plans. feasibility of augmenting the water level of wetlands is 4 Water Supply Construction Cost -share The District awarded the following cost -share funds to support the development of alternative water supply sources: • $ 17,876 to the City of Rockledge for a reclaimed water transmission line • $ 60,000 to the City of Cocoa for collection and piping of stormwater to supplement wastewater for reuse • $ 75,QOb to Indian River County for a reverse osmosis facility • $ 75,000 to the City of Cape Canaveral to upgrade its treated wastewater to the level required for public access, for uses such as landscape irrigation and parks • $ 75,000 to Brevard County for reclaimed water transmission lines • $150,000 to New Smyrna Beach for reclaimed water transmission lines 4M Minimum Flows and Levels Minimum flows and levels are established to preserve the determined for the St. Johns River downstream from health of lakes and streams and their associated wetlands Lake Washington. Minimum flows and levels are used in while allowing for water withdrawals or diversions. the water supply planning process and protected through Levels have been determined for South and Fox lakes the water use and surface water permitting programs. and Lake Washington. Flows and levels have been _ © Upper St. Johns River Basin Project One of the largest wetland restoration projects in the world, this undertaking incorporates flood control, habitat, water quality, and water supply components. A cooperative effort with the U.S. Army Corps of Engineers, it encompasses 235 square miles and stretches 75 miles from the Florida Turnpike in south Indian River County to U.S. 192 in central Brevard County. In the past year, the restoration of more than 2,000 acres of pasture to herbaceous marsh along Sixmile Creek was initiated, plugs in the C -40 Canal were modified to improve marsh habitat in the St. Johns Marsh Conservation Area, and most of the land needed to implement the C -1 Re- diversion Project was acquired. The re- diversion will reduce the amount of Upper Basin runoff that currently drains into the Indian River Lagoon (IRL), upsetting salinity levels and adding nutrients and sediment that foster algal growth and destroy seagrass beds. Benefits of this project will be enhanced by cooperative efforts of the District and local governments in the Turkey Creek subbasin, including implementation of stormwater master plans currently under development for the cities of Palm Bay and Malabar. O IRL Dredging and Stormwater Retrofit Diversion of runoff into the Indian River Lagoon has resulted in the accumulation of muck, which affects water quality and seagrass beds. Plans have been completed and permits requested for muck removal projects in Turkey Creek and Crane Creek. Turkey Creek dredging is associated with re- establishment of natural flows by the C -1 re- diversion. Stormwater treatment projects such as sediment control or retention systems for the cities of Titusville, Satellite Beach, Indialantic, Melbourne, and Malabar are receiving $200,000 from the District. $158,000 in IRL license plate revenues is targeted to water quality and habitat improvement in Volusia, Brevard, and Indian River counties. Throughout the IRL Basin, small-scale District/local government cooperative projects - demonstrate stormwater treatment techniques such as baffle boxes, curb inlet traps, swale systems, and planting of shoreline vegetation. Larger undertakings include construction of sediment traps for Cape Canaveral, Cocoa Beach, Sebastian and other cities. O City of Palm Bay Stormwater Park Environmental preservation will be combined with public recreation at the Palm Bay Stormwater Park to be developed in conjunction with the six- laning of a portion of U.S. 1. The city plans to create a park on 11 acres purchased by the District, Florida Department of Transportation and Florida Communities Trust along the Indian River Lagoon. In addition to a stormwater pond, the park will include nature trails, a pavilion, and restroom facilities. The project will improve water quality in the lagoon, protect an important Ais Native American archaeological site, provide passive public recreation, and preserve the lagoon shoreline. Stormwater Cost - share For fiscal year 1996 -97, the District awarded cost -share funds for the following stormwater projects: • $ 10,000 to Brevard County for construction of a retention pond • $ 15,000 to Indian River County for stormwater re- routing • $ 15,000 to Volusia County for the Silver Sands swale demonstration project to treat stormwater before it discharges to the Indian River • $ 17,500 for establishment of a stormwater utility in the City of Satellite Beach • $ 18,000 for stormwater master planning in the City of Cocoa Beach O 1 R Wetland Restoration By the 1970s, 40,400 acres representing 75 percent of the salt marshes and mangrove forests along the Indian River Lagoon had been diked to control mosquito breeding. Re- establishing the link between those wetlands and the lagoon restores habitat for juvenile fish and other estuarine animals. Last year the District reconnected 5,440 acres, bringing the total to more than 18,000 acres reconnected, while maintaining mosquito control where needed. 10 Mangrove plantings continued along the lagoon from Sebastian to Jupiter, with 12 to 15 sites added per year for a total of 46 sites and approximately 8,000 plants. Start-up money for this project was awarded by the U.S. Fish and Wildlife Service's Southeast Ecosystem Management Fund to the District, which gave it to the Environmental Learning Center in Indian River County to serve as coordinator. Twenty-five agencies now participate. Brevard Zoo Exhibit An area adjacent to a 12 -acre restored wetland at the Brevard Zoo will become home to an exhibit designed to help visitors experience the area's unique environment. The exhibit is proposed to include aquariums for fish and other creatures reflecting the diverse marine life and habitats that are unique to Floridas east coast, from the inland freshwater to the coastal ecosystems. A boardwalk along an interpretative path is planned to lead visitors through the wetland to the aquarium exhibit. The project is a joint effort of the East Coast Zoological Society of Florida, the Space Coast Sportfshing Foundation, Sea World, and the District. z m Lake Washington Weir A water control structure on the north end of Lake Washington maintains water levels in the lake to protect the drinking water supply for the Melbourne area. The South Florida Water Management District and Brevard County built the existing sheetpile weir as a temporary structure in 1976, prior to transfer of the area to SJRWMD. The District plans to install a permanent concrete replacement in 1998 with assistance from the City of Melbourne. The new weir will allow flow through the bottom of the structure in order to maintain minimum river flows downstream, and will provide much easier access for airboats and small conventional boats. ® St. Johns River Celebration In this one -day event, 1,065 volunteers in Volusia, District and Keep Florida Beautiful to clean up the river Brevard and Indian River counties collected almost 90 and its major tributaries. tons of trash. This event is co- sponsored annually by the ® Abandoned Artesian Well Plugging Free - flowing wells waste water and can contaminate freshwater. By the end of September 1997, the District drinking water supplies by leakage of poor quality water had plugged or repaired a total of 532 such wells in the through corroded casings, seepage from the land surface, Indian River Lagoon Basin and 139 in the Upper St. or induced saltwater intrusion resulting from the loss of Johns River Basin. 4► Blueway Aquisition Project Application was made to the CARL program for half of the money needed to purchase almost 9,000 acres of impounded salt marshes and mangroves along the Indian River Lagoon in Volusia, Brevard, Indian River, St. Lucie, and Martin counties. This project represents the cooperative work of the St. Johns River and South Florida water management districts, the Indian River Lagoon National Estuary Program, The Nature Conservancy, and the five counties containing land identified for acquisition. It is ranked No. 15 in the bargain /shared category. Funding for CARL projects will be decided in early 1998. ® Less- than -fee Acquisition A conservation easement was placed on more than Johns River Basin Project. Home to high -quality wildlife 11,000 acres of the Escape Ranch in Osceola County. Its populations, it is particularly important for sandhill purchase protects the headwaters of three creeks that cranes, caracara, red cockaded woodpeckers, and an flow east into the St. Johns River Marsh in the Upper St. experimental group of whooping cranes. m Recreation Sites Three Forks Marsh and Ft. Drum Marsh Conservation Additional activities available at Three Forks Marsh are Areas are now open for recreational use. Both properties fishing, airboating and other boating. These properties provide opportunities for hiking, primitive camping at constitute a significant portion of the Upper St. Johns designated sites, bird - watching, canoeing, and seasonal River Basin Project. hunting. Ft. Drum Marsh also offers bicycling. iD Environmental Education The District's Legacy program works with local teachers Area. At Oslo, students have completed construction of to provide students with hands -on experience in the handicapped and interpretive trails. At Blue Cypress, management of conservation areas. This program is canoe trails and interpretive materials are to be currently in operation at the Oslo Road Conservation completed by the spring of 1998. Area and the Blue Cypress Marsh Water Conservation m Brevard County Stormwater Mapping The District provided $50,000 to the county for Collection of this information is the first step in mapping all water bodies and drainage- related facilities, developing a countywide stormwater master plan. and will assist with quality assurance of the maps. K AGENDA REQUEST C.A. NO.: 98 -106 on PUBLIC Date: July 27, 1998 HEARING 08/03/98 RESOLUTION CONSENT dap x OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Ordinance No. 98 -0 -05 - Amending Article VI (District Use Regulations & Requirements) Section 606.01 (B -2 Neighborhood Business District) BACKGROUND: On July 20, 1998, City Council approved on first reading Ordinance No. 98 -0 -05 (attached) which amends Section 606.01 (B -2 Neighborhood Business District) by deleting the three (3) employee cap for machines and repair and light manufacturing. The Notice of Public Hearing was published in the Observer on July 24, 1998. RECOMMENDATION /CONCLUSION: Staff recommends that the City Council consider adoption of Ordinance No. 98 -0 -05. FUNDS AVAILABLE: (ACCOUNT NUMBER) /t✓ (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) /y, PREVIOUS AGENDA ITEM: DATE: Respectfully submitted, t ate,' zL- Nikki Clayton J2 City Attorney Concurrence: Kenn th R. Hooper Interim City Manager c yqWxe 2z "kral Lynne fiaskett Planning Division Manager YES NO X AGENDA ITEM NO rmw ORDINANCE NO. 98-0-05 AN ORDINANCE OF THE CITY COUNCIL OF EDGEWATER, FLORIDA; AMENDING THE ZONING ORDINANCE, ARTICLE VI (DISTRICT USE REGULATIONS AND REQUIREMENTS), SECTION 606.01 (B -2 NEIGHBORHOOD BUSINESS DISTRICT) BY DELETING THE THREE (3) EMPLOYEE CAP FOR MACHINES AND REPAIR AND LIGHT MANUFACTURING; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On May 27, 1998 and June 24, 1998, the Planning and Zoning Board reviewed and recommended approval of lifting the three (3) employee cap for Light Manufacturing in the B -2 District. 2. The Planning and Zoning Board by a vote of 5 -2 recommended approval of the amendment. 3. During the July 6, 1998, City Council meeting Council decided that the Zoning Ordinance be consistent by lifting the three (3) employee cap for both Machines and Repair and Light Manufacturing in the B -2 District. 4. It is in the best interests of the citizens of Edgewater that Section 606.01 be amended accordingly. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDMENT OF SECTION 606.01 (B -2 NEIGHBORHOOD BUSINESS DISTRICT), OF THE ZONING ORDINANCE, CITY OF EDGEWATER, FLORIDA. Section 606.01 is amended as follows: Struek Neagh passages are deleted. Underlined passages are added. 98 -0 -05 1 Section 606.01. B -2 Neighborhood Business District. (b) Permitted uses: Abstracting Accommodations Adult day care centers Agents or agencies Animal clinics (no outdoor boarding) Appliance and repair shops Auction service excluding motor vehicles, motorcycles, boats or any other items or equipment which require licensing from Volusia County or the State of Florida. Auto paint and body shops - - To be allowed in that area of land along the Florida East Coast railroad tracks from Indian River Boulevard to 30' Street in the city. Automobile sales, new and used - - To be allowed in that area of land along the Florida East Coast railroad tracks from Indian River Boulevard to 30' Street in the city. Automobile tune -ups and front end alignments Bakeries, nonmanufacturing Barber and beauty shops Bicycles for rent Blueprint, photostat, etc. Brokers Carpet and rug cleaning Children's nursery or day care Cleaning; cleaning and pressure pick -up stations; self - service Communication facilities: Buildings for radio, television, telephone and telegraph Convalescent and nursing homes Convenience food stores Drugstores and pharmacies Dry cleaning establishments Florists Government buildings and offices Grocery stores Hardware stores Health clubs Sfi aek thfeugh passages are deleted. Underlined passages are added. 98 -0 -05 2 Housecleaning enterprises Income tax services Insurance companies Jewelry stores Laundries, including self - service Lawn service and care Lending agencies Machines and repair, Manufacturers (light), not to exeeed thfee (3) employees Men's and women's figure salons Merchants, retail and stock up to $5,000.00 Merchants, wholesale and stock up to $10,000.00 Messenger service Miniwarehouses may be permitted under the following conditions: (a) Miniwarehouse buildings shall be screened from the public right -of- way by a six -foot high opaque fence or wall with a ten -foot landscape buffer planted along side the street side of the wall. All landscape buffer area shall be provided on all boundaries facing residential districts. (b) The project shall be completely fenced, walled, and designed to limit ingress and egress through a controlled and lockable access point. This shall be limited to one two -way access points or two (2) one -way access points. (c) Miniwarehouse units shall not contain any provision for electric, potable water, or sewer services within the confines of the warehouse units. Lighting and hose bibs for cleaning purposes may be installed on the outside of the warehouse structures. (d) Bathroom facilities will be provided at a central facility at a ration of one bathroom per each fifty (50) units, or fraction thereof. (e) Miniwarehouses are to be used solely for storage purposes. No other commercial use or business shall be permitted within the facility. However, one office unit attached by common walls or floors as a part of the miniwarehouse facility may be provided for use of the warehouse manager. (f) No storage of flammables, weapons, ammunition, explosives, hazardous, or illegal substances or materials is allowed. Newspaper offices and printing shops Office and household equipment sales Pool rooms Professional offices and general offices, including but not limited S6-aek thfeugk passages are deleted. Underlined passages are added. G- IFI3111y 3 12 to the following professions and businesses: Accountants, architects, consultants, dentists, engineers, financial, insurance, lawyers, medical and stockbrokers. Real estate brokers Recreational business, including archery ranges, bowling alleys, boxing or sports arenas, golf driving ranges, miniature or par three golf courses, skating rinks, swimming pools. Rent -all Residential (with minimum lot size, yard size, and floor area as follows): (1) Minimum lot size: Area: Eight thousand two hundred fifty (8,250) square feet. Depth: One hundred ten (110) feet. Width: Seventy -five (75) feet. (2) Minimum yard size: Front yard: Thirty (30) feet. Interior side yard setback: Ten (10) feet. Side yard setback on comer lot: Twenty -five (25) feet. Rear yard: Twenty (20) feet. (3) Minimum floor area: One thousand two hundred (1,200) sq.ft. for each dwelling unit. Restaurants, type "A" Retail stores err► Shoe repair shops Taxicab and bus stands and terminals Telecommunication facility, unmanned. Telephone companies Telegram companies PART B. 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 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 Z5 &L-uek thfough passages are deleted. Underlined passages are added. 98 -0 -05 4 In 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 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 place upon adoption. PART F. ADOPTION After Motion by Councilman Roberts and Second by Councilman Hammond, the vote on the first reading of this ordinance held on July 20, 1998, was as follows: Mayor Randy G. Allman AYE Councilman Jim Gornto AYE Councilman Myron F. Hammond AYE Councilman Gary W. Roberts AYE Councilwoman Judy Lichter AYE After Motion by and Second by , the vote on the second reading of this ordinance was as follows: Mayor Randy G. Allman XXX Councilman Jim Gornto XXX S6-uek through passages are deleted. Underlined passages are added. 98 -0 -05 5 Councilman Myron F. Hammond Councilman Gary W. Roberts Councilwoman Judy Lichter PASSED AND DULY ADOPTED this ATTEST: Susan J. Wadsworth City Clerk day of ' 1998. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Randy G. Allman Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney Stfuek tue"t passages are deleted. Underlined passages are added. 98 -0 -05 on (.q. AGENDA REQUEST C.A. NO.: 98 -107 Date: July 27, 1998 PUBLIC HEARING RESOLUTION ORDINANCE OTHER CONSENT 08/03/98 BUSINESS ITEM DESCRIPTION /SUBJECT: CORRESPONDENCE First Amendment to Recycling Agreement - Southard Enterprises, Inc. - 2 year extension BACKGROUND: On October 4, 1993, the City entered into a Recycling Agreement with Southard Enterprises, Inc.. At the option of the parties involved, the Agreement may be renewed for two additional two year terms. Both the City and Southard wish to extend the Agreement for an additional period ending on September 30, 2000. All other terms will remain the same. RECOMMENDATION /CONCLUSION: Staff recommends that the City Council consider approval of the First Amendment to Recycling Agreement. FUNDS AVAILABLE: (ACCOUNT NUMBER) 47534-52340 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: Respectfully submitted, �' a 1� 5 C L-4 -4-6� Nikki Clayton ^ Q Jcmx J City Attorney YES NO X AGENDA ITEM NO Concurrence: Kenneth R. Hooper Interim City Manager Terry Wadsworth Director of Environmental Services rmw FIRST AMENDMENT TO RECYCLING AGREEMENT THIS FIRST AMENDMENT TO RECYCLING AGREEMENT made this day of , 1998, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereafter "City ") and SOUTHARD ENTERPRISES, INC., (hereafter "Contractor "). '\rr WrIW SSETH, that the parties hereto have agreed to amend that certain Agreement between the parties dated October 4, 1993, such that: A. Section II: Term and Termination - the City and Contractor have hereby exercised their option to renew the Agreement for an additional two -year period. The term of the Agreement is extended for an additional two (2) year period ending September 30, 2000. - B. The parties acknowledge that all other terms, provisions and conditions of the aforesaid original Agreement dated October 4, 1993, and all additions thereto not amended or changed by the provisions of the Amendment are republished, ratified and reaffirmed by the parties hereto and shall remain in full force and effect. IN WITNESS, WHEREOF, the parties have caused this First Amendment to Recycling Agreement to be made and entered into the day and year first written above. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy G. Allman City Clerk Mayor APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney WITNESSES: SOUTHARD ENTERPRISES, INC. By: Leonard E. "Duke" Southard Dated: (AgreemnARecy1ing- Amendment #1) �ECEIV JUL 2 O 1998 SOUTHARD'S RECYCLING 1290 Turnbull Bay Road New Smyrna Beach, FL 32168 (904)428 -3307 DATE: July 23, 1998 TO: City of Edgewater Officials & Council REFERENCE: Renewal of recycling contract MANAGER gr This is to inform you that the contract for curbside residential recycling pickup is up for renewal as of September 30, 1998. The contract can be renewed for a period of two(2) or four(4) years upon agreement by Southard's and the City of Edgewater. We plan to renew under the same conditions as stated in the original contract. Whether it will be for 2 or 4 years will be decided later by mutual agreement. We have had excellent participation by the residents of Edgewater and have met and exceeded the state mandate for 30% reduction in the waste stream thru recycling. Thank you for your consideration on this matter. Sincerel« na CC: Randy Allman, Mayor Ken Hooper, City Manager James Gornto, Councilman Myron Hamond, Councilman Gary Roberts, Councilman Judith Lichter, Councilwoman J •A. AGENDA REQUEST DATE June 27. 1998 OTHER CONSENT BUSINESS 08/03/98 PUBLIC HEARING RESOLUTION ORDINANCE ITEM DESCRIPTION /SUBJECT: Mayors signature on the Land Contract and Sale Agreement for the purchase of property for Fire Station #57. BACKGROUND: In May of 1998, Council approved the purchase of 5 parcels of property and enter into Cross - Easement Agreements with the Edgewater Fire/Rescue Association. The property is located at the Northwest intersection of Hibiscus and 27th Street and will and will utilized for the construction of Fire Station 57. RECOMMENDATION /CONCLUSION: Staff recommends closing on the Purchase and Sale Agreement with the Edgewater Fire/Rescue Association. FUNDING SOURCE: Funds remaining from the sale of the old Mango Tree Station ( #56) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NLA PREVIOUS AGENDA ITEM: YES Concurrence: Kenneth Hooper, Interim City Manager NO X_ Respectfully submitted, e44 qZY2 5Z r Chie ac .Barlow, Acting Depaftment of Fire/Rescue Services City Attorney: Y Nikki Clayton ADDENDUM TO PURCHASE AND SALE CONTRACT BETWEEN THE CITY OF EDGEWATER AND EDGEWATER VOLUNTEER FIRE/RESCUE ASSOCIATION, INC. THIS AGREEMENT, made this 54�1 day of , 19 QB , by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation, (hereinafter referred to as "City "), whose address is 104 North Riverside Drive, P. O. Box 100, Edgewater, Florida 32132 -0100 and EDGEWATER VOLUNTEER FIRF./RES ASSOCIATION, INC., a non -profit organization (hereinafter referred to as "Association "), whose address is P. O. Box 1027, Edgewater, Florida 32132 -1027. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and mutual covenants as set forth herein and other good and valuable consideration, City and Association agree as follows: 1. PURPOSE The City and Association are working to improve fire /rescue services throughout the City of Edgewater. The Association owns parcels of property located in the 2600 block of Hibiscus Drive, Edgewater, Florida. The City would like to purchase five (5) parcels of property owned by the Association in order to construct a new fire station for the benefit of all City residents. The Association has agreed to sell said parcels of property to the City pursuant to a Purchase and Sale Contract of even date herewith and subject to terms and conditions of this Addendum. The , %W Association will construct a Community Activity Center on the remaining parcels of property (AgreemnAAddendum- City &Fire Volunteers) 1 adjacent to the Subject Property on Hibiscus Drive. 2. SUBJECT PROPERTY. The property subject to this Agreement is located within the 2600 block of Hibiscus Drive in the Florida Shores Subdivision, Edgewater, Florida, and is more specifically described as follows: Lots 6801, 6802, 6803, 6804 and 6805, Block 221, Florida Shores Unit No. 7, as recorded in Map Book 23, Page 131 of the Public Records of Volusia County, Florida 3. RESPONSIBILITY OF ASSOCIATION The Association agrees to do the following: a. Perform its obligations under the Purchase and Sale Contract of even date herewith. b. Bear sole financial responsibility relating to construction and maintenance of the Community Activity Center; C. Grant the City priority relating to usage of the Community Activity Center; d. Enter into Cross - Easement Agreement with the City in particular relating to Lot 6806 authorizing shared access for ingress and egress and granting City the right to use the entire parking area for parking of City vehicles and equipment and use for various training evolutions, hose testing/maintenance and public education demonstrations. e. Amend Article XI - Disband, Section I - Liquidation of the Association By -Laws by the following: (Ag reemnAAddendum- City &Fire Volunteers) 2 ARTICLE XI - DISBAND Section I - LIQUIDATION In the event that the Edgewater Fire and Rescue Association Inc. ceases to exist as a functioning Association in the support of the Edgewater Fire and Rescue Department, all money and any existing assets belonging to the Edgewater Volunteer Fire and Rescue Association Inc. will be liquidated in the following manner. All existing properties with exception of Lots 6801 through 6811, inclusive, Block 221, Florida Shores Unit No. 7 will be auctioned off to the highest bidder at public auction and any money received will be combined with our existing treasury. All money will be evenly divided amongst the following non profit organizations. Boy Scouts of America - Edgewater Troops Girl Scout of America - Edgewater Troops Edgewater Parent - Teacher Assoc. (PTA) Disabled American Veterans (DAV) Edg. Branch Edgewater Rotary Club The property described as Lots 6801 through 6811, inclusive, Block % 221, Florida Shores Unit No. 7, and all improvements will be deeded to the City of Edgewater. 4. RESPONSIBILITY OF CITY The City agrees to do the following: a. Perform its obligations under the Purchase and Sale Contract of even date herewith. b. Engage the services of Gee and Jenson to design a Master Site Plan for the Fire Station and Association Community Activity Center in accordance with a mutually agreed upon Scope of Services. C. Design, permit and construct a parking lot of approximately 20 spaces on Lot 6806 subject to the Cross - Easement Agreement. d. Assume at closing payment of all impact fees assessed on the City acquired land. (Ag reemnAAddendum- City&Fire Volunteers) 3 5. PROJECT MANAGER The Project Manager for the City is Tracey Barlow, Acting Chief of Fire/Rescue Services, who can be reached at (904)424 -2445. The Project Manager for the Association is Carmel Shearer, who can be reached at (904)409 -3333. The parties each shall direct all matters arising in connection with the performance of this Agreement, other than as specifically set forth herein, to the attention of the other party's Project Manager for attempted resolution or action. The City's Project Manager shall be responsible for interpretation and overall resolution of Association's questions. The Association's Project Manager shall be responsible for overall coordination and oversight relating to the Association's performance of this Agreement. If the City's Project Manager cannot resolve the situation, an Appeal will be forwarded to the City Council whose decision shall be final. 6. FINAL RECORDS The Association shall allow public access to all documents, papers, letters, or other material made or received by the Association in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 7. HOLD HARMLESS. The Association agrees to forever save and keep harmless and fully indemnify the City, its Officers, employees and agents of and from all liabilities, damages, claims, recoveries, costs and expense because of loss of, or damage to, property, or injury to or deaths of persons in any way arising out of or in connection with the performance of this Agreement except as shall have been occasioned by the sole negligence of the City. 8. ASSIGNMENT (Ag reenwAAddendum- City&Fire Volunteers) 4 Association shall not assign this Agreement or its obligations hereunder without the prior written consent of the City. 9. ATTORNEY'S FEES AND COSTS In the event the Association defaults in the performance of any of the terms, covenants and conditions of this Agreement, the Association agrees to pay all damages and costs incurred by the City, including reasonable attorney's fees. 10. NOTICES All notices or other communications required or permitted 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: Legal Department *4W City of Edgewater P. O. Box 100 Edgewater, Florida 32132 -0100 (904)424 -2403 If to Association: Carmel Shearer Edgewater Volunteer Fire/Rescue Association, Inc. P. O. Box 1027 Edgewater, Florida 32132 -1027 1 %W (904)409 -3333 With conies to: City Manager City of Edgewater P. O. Box 100 Edgewater, Florida 32132 -0100 (904)424 -2404 Tracey T. Barlow Acting Fire Chief City of Edgewater P. O. Box 100 Edgewater, Florida 32132 -0100 (904)424 -2445 (Agreemnt\Addendum- City &Fire Volunteers) 5 11. INDULGENCE NOT WAIVER The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 12. AMENDMENTS This Agreement may only be amended by a written document signed by both parties. 13. BINDING EFFECT All of the terms and provisions of this Agreement, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 14. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida. 15. INTERPRETATION; VENUE In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Seventh Judicial Circuit for Volusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justiciable in federal court. (Ag reemnt\Addendum-City &Fire Volunteers) 6 IN WITNESS WHEREOF, the parties have caused this Agreement to be entered into the date and year first written above. ATTEST: Susan J. W dsworth City Clerk CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA B Raddyy G. Allman Mayor APPROVED FOR FORM AND CORRECTNESS: IZ4��i 6�� L Nikki Clayton City Attorney ATTEST: Secretary EDGEWATER VOLUNTEER FIRE/RESCUE ASSOCIATION, INC. By: x ';' J armel Shearer President Dated: gA ' y�� /SS (Agreemnt\Addendum- City &Fire Volunteers) 7 � l N I 4 m o- M �t HN5CLr. L:�Na -4E -- Pr�sE - moo \ �i m - A prWsF. COS : Iz spas T"rde Tti10 = c.o Q W FE W 5� �t GEE JEN D vs Xgla"m CAD FU ,g. - 1 . L AGENDA REQUEST Date: Jul 27 1998 PUBLIC HEARING RESOLUTION ORDINANCE CONSENT AGENDA OTHER BUSINESS_ CORRESPONDENCE ITEM DESCRIPTION/SUBJECT: Final Plat approval for Blanken's Landing - SD -9601 BACKGROUND: John Blanken, owner of Sunrise Homes, is requesting final plat approval for a five lot subdivision to be known as "Blanken's Landing ". The required infrastructure improvements have been completed and approved. The Planning and Zoning Board met on April 29, 1998 and moved 7 -0 to recommend approval. A maintenance bond has been posted as required by the Land Development Code. RECOMMENDATION /CONCLUSION: Staff recommends approval of the final plat. FINANCIAL IMPACT: N/A FUNDS AVAILABLE: Account Number: N/A (Specify if Budget Amendment is Required) PREVIOUS AGENDA ITEM: YES X NO Date: Agenda Item No Page -2- SD -9601 - Blanken's Landing Respectfully submitted Lynne Maskett Planning Division Manager Concurrence: K neth Hooper Interim City Manager J 6� �An 4 &�� Nikki Clayton by City Attorney LP:smp c: \ldra \agen rqB \blanken.sub CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY INFORMATION S UMMARY CASE # SD -9601 PROJECT NAME: Blan6n's Landing APPLICANT /AGENT: John Blanken OWNER: Sunrise Homes REQUESTED ACTION: Final Plat Approval PROPOSED USE: Residential LOCATION: 2nd Street - East and West of Riverside Drive AREA: 2.04 Acres EXISTING LAND USE: Vacant Residential FUTURE 1RE LAND USE: Low Density Residential ZONING DISTRICT: R -1, Single - family Residential and R -2, Single - family Residential SURROUNDING AREA EXISTING LAND USE /FUTURE LAND USE /ZONING DISTRICTS: NORTH: Single - family Residential/Low Density Residential/R -2 SOUTH Single - family Residential/Low Density Residential/R -2 SST: Single - family Residential & IntraCoastal Waterway /Low Density Residential /R -1 R -1A NVEST: Single- family Residential/Low Density Residential/R -2 Applicable Section(s) of Code: Section 501, Subdivision and Platting Requirements of the Land Development Code and all other applicable regulations associated with subdivision and platting procedures. *00, :smp c:udra\inf0.sumisd9601 MEMORANDUM TO: Land Development and Regulatory Agency FROM: Lynne Plaskett, Acting Director of Community Development `' DATE: April 24, 1998 SUBJECT: SD -9601 - Blanken's Landing, Final Plat Approval Ba&round: John Blanken, owner of Sunrise Homes, Inc. is requesting final plat approval for a live lot subdivision to be known as Blanken's Landing. The required infrastructure improvements have been completed and approved. A development order was issued b the former Director of Community Development on January 9, 1997. Building permits have been issued for two model homes in accordance with Section 501.03 of the Land Development Regulations. The homes can not receive a certificate of occupancy until the final plat has been approved. Recommendation: Staff recommends approval to council of the final plat. LP:smp C \ldm \dept..tVd9601 R e !quest: ENGINEERING DEPARTMENT MEMORANDUM DATE: April 24, 1998 TO: Lynne Plaskett, Interim Director of Community Development FROM: Kyle W. Fe le City En ineer /Public Works Director Y 9 Y� Y 9 SUBJECT: Blanken's Landing Final Plat Approval Engineering concurs with the survey and legal description conducted by Lucas Surveying, Inc. on October 7, 1997 for the above subdivision, but several interior drainage easements are required to reflect the revisions John Blanken and I agreed to. Our discussion involved creating a drainage system along and parallel with the westerly property line of Lot 1 (±147.01 feet) and the southerly property line of Lot 1(±180 feet). These site drainage changes require 10 feet easement such that they are established for a particular reason and can be maintained as such. KWF:rsm Charles Becker, 220 Raken Drive - Mr. Becker said the paint and body "label" was pretty strong. It is not his intent to open a paint and body shop. He just wants to provide painting of auto parts as an accessory to the auto repair category. Mr. Becker brought information pertaining to the spray booth that he would like to have installed in his building. He said the spray booth would meet all requirements. Mr. Becker said he would just life a "full auto repair business ". Mr. McKever, 1524 Monroe Drive - Mr. McKever said he doesn't want his residential neighborhood affected by possible pollution by allowing this request. Mr. William Armstrong - Mr. Armstrong stated he doesn't want the text amendment as he can hear everything going on in the body shop now. Chairman Masso inquired of Ms. Plaskett whether this request would affect all of the B -3 zoning district. Ms. Plaskett replied yes, it is not site specific. As there were no additional comments from the public, Chairman Masso closed the public hearing and asked for Board discussion. Mr. Garthwaite stated he feels allowing this request would be unfair to the neighbors. Mr. Zeese asked Mr. Becker to explain what is being conducted on the site at this time. Mr. Becher said only auto repair is being done and his intent is to put a spray booth in one of the existing bays. Mr. Zeese asked Ms. Plaskett if the request could be worded to include only Mr. Becker's site. Ms. Plaskett replied no, as this would be like spot zoning. The Board having no further questions Chairman Masso asked for a motion. Mr. Garthwaite moved to recommend denial of the text amendment to the City Council, seconded by Mr. Hildenbrand. Motion CARRIED 6 -1 TO DENY the text amendment. Mr. Zeese voted to approve. NEW BUSINESS SD -9601 - Blanken's Landing, John Blanken requested final Plat Approval for a five lot subdivision. Planning and Zoning Board Regular Meeting April 29, 1998 W Chairman Masso asked Ms. Plaskett for staff's recommendation. Mr. Plaskett said Mr. Blanken, owner of Sunrise Homes, Inc., is requesting final plat approval for a five lot subdivision, known as Blanken's Landing. She said all required infrastructure improvements have been installed and a development order was issued in January of 1997; and building permits were issued for two model homes in accordance with Section 501.03 of the Land Development Regulations. Ms. Plaskett explained the homes can not receive a certificate of occupancy until the final plat has been approved. She said staff recommends approval to City Council of the final plat. Ms. Plaskett said the recommended approval reflects the City Engineer's approval providing the applicant accomplishes the City Engineer's requirement of an additional 10 foot drainage easement on the westerly and southerly line of Lot 1 be added to the plat. Chairman Masso noted that the applicant was not available and moved on to the Board's discussion items. Mr. Garthwaite questioned the front footage measurements of which Ms. Plaskett explained how front setbacks are determined on a cul de sac. Mr. Garthwaite also asked if the Fire /Rescue Department had approved the plan. Ms. Plaskett replied, yes. There being no subsequent discussion the Chairman asked for a motion. Mr. Garthwaite moved to recommend to City Council approval of the final plat to include the City Engineer's comments. Seconded by Ms. Agrusa. The motion CARRIED 7 -0. DISCUSSION ITEMS A. Community Director's Report Ms. Plaskett had no report at this time. B. Chairman's Report Chairman Masso had no report at this time. C. Agency Member's Report Mr. Garthwaite questioned the front location of the Eckerd Drug Store project. Ms. Plaskett said she believed it to be on Indian River Boulevard. Ms. Plaskett Planning and Zoning Board Regular Meeting April 29, 1998 7 v I i 1 I i I I K E Y A 1 N 0 E R O F L 0 T 1 4. f1 E N 0 E L L S H 0 Y E S T E A 0 P E A Y A 4 0 0 K 3, ► A 0 E 7 3 ! 1 T O T E M P A A K ^ o. ,. n r A 0 E 4 6 N V m I I I l a XI -m ' rETl A10I JURISDICTIONAL LINE C _ IFR SHI IL ET STORES NOVEMBER 0. 1996 . C.O.E. 1 N ' N 64' 13'00'E 394.99' (A 50.00' � AIIROSH4TE MEAN HIGH ■1TER IDETERM14ED S7 I'SUAL YETHODI L r CURVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD GEARING , 1 50'24'41' 35.00' 30. a0' 16.17' 29.x1' N 63'1/'39'Y i I C C 2 67.31 50.00' $a.96' 33.45' 55.61' 61.72' N SS•43'Sa'7 N 14'09'71'E , C 7 76'1]'00 50.00' 66.$1' 50.00' 42.52' ]9.22' 54,14' 77.17' 3 76 ' fTl i m C 4 9t•]J'26' 49'17'54' 50.00' 13.02' 22.94' 41,71' S 04 IT"i C S 35.00' 29.91' IS.95' 29.07' S 04 , C 6 49'00'27' EAST: THENCE NORTH 25 WEST, 147.12 =EET: THENCE NORTH 25' PEST. 983.58 FEET FOR THE POINT OF BEGINNING. SAID POINT BEIPIG ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID In ! LOT 18: THENCE NORTH 64'13' EAST ALONG SAID EASTERLY VROLONGA O i I LINE .4FARINO DISTANCE N'ATER'.7AY: THENCE NORTH 26' 14'20' 'NEST. 148 FEET: THENCE SOUTt 64 WEST. 394.5 'FEET THENCE SOUTH 25' EAST.148 FEET TO I Q L 1 N 23.49'19•'R 40.00' I I ! L 2 S 26•I4'36'E 39.94' I L 3 S 33'43'SO'E 30.25' i L 4 S 2a'S2'S9'F 4.77' , I SPECIAL NOTE: CARLE TELEVISION COMIAM ES ARE HERE9T GR V1 ED THE RIGHT IITILITT CASEMENTS FOR THEIR SERVICES. IF.S. 1771 I TO USE I , I , a DENOTES 4'1 4* COYCII[l( Y6NW ENT WITH ---- '•�--- � - - -.. �_.- _�•- � - - - -- 112 IRON ROD, 140 IDENTIf ICATION - ❑ 4 ' CO ED ELS 41 SETH 4�s SR THOMAS AVE. SO• •. OEIgTCS 1 IRON A PLASTIC CAP ►CP PLS 4ISS. N V m I I I l a XI -m ' rETl A10I JURISDICTIONAL LINE C _ IFR SHI IL ET STORES NOVEMBER 0. 1996 . C.O.E. �. N 64' 13'00'E 394.99' (A 50.00' ! R O AIIROSH4TE MEAN HIGH ■1TER IDETERM14ED S7 I'SUAL YETHODI L r TRACT - A - (RECREATIONAL) tyanT 80.00 .na +. S 6 =' 13'00'w 396.68' Ina unona V1 I - , I � < I A B LANKEN 7 S LA I A SUBDIVISION IN SECTION 33. TOWNSHIP 17 SOUTH. RANGE 3 CITY OF EDGEWATER. COUNTY Or VOLUSIA, STATE OF FLORID p LEGAL DESCRIPTION: THE SOUTH 148 FEET OF THE EAST 605 FEET fT? I OF LOT 18. MENOELL'S HOMESTEAD PER MAP BOOK 3. PAGE 73. PUBLIC S RECORDS OF VOLUSIA COUNTY. FLORIDA. TOGETHER WITH THE OUTH p 40 FEET OF THE FOLLOWING DESCRIBED PROPERTY: COMMENCE AT THE i SOUTHE,.ST CORNER OF SECTION 33. TOWNSHIP 17 SOUTH. RANGE 34 EAST: THENCE NORTH 25 WEST, 147.12 =EET: THENCE NORTH 25' PEST. 983.58 FEET FOR THE POINT OF BEGINNING. SAID POINT BEIPIG ON THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID In ! LOT 18: THENCE NORTH 64'13' EAST ALONG SAID EASTERLY VROLONGA O i 397.7 FEET 70 THE WEST RIGHT OF WAY LINE OF THE INTRACOASTAL N'ATER'.7AY: THENCE NORTH 26' 14'20' 'NEST. 148 FEET: THENCE SOUTt 64 WEST. 394.5 'FEET THENCE SOUTH 25' EAST.148 FEET TO i I POINT 0� BEGINNING. I I ! 1( ►" 1990 DECLARATION OF COVENANTS, RESTRICTIONS AND CO FOR BLANKEN'S LANDING 11W THIS DECLARATION is made on the day of , 1997, by SUNRISE HOMES AND REN'T'ALS, INC., A Florida Corporation, hereinafter referred to as "Declarant ". WITNESSETH: WHEREAS, Declarant is the owner of the following described real property located in the County of Volusia, State of Florida: The South 148 feet of the East 605 feet of Lot 18, MENDELL HOMESTEAD, per Map Book 3, Page 73, Public Records of Volusia County, Florida, together with the South 40 feet of the following described property: Commence at the Southeast corner of Section 33, Township 17 South, Range 34 East: Thence North 25 Degrees 06' 40" West, 147.12 feet: thence North 25 .Degrees West 983.58 feet for the point of beginning, said point being on the Easterly prolongation of the South line of said Lot 18: Thence North 64 Degrees 13' East along said Easterly prolongation 397.7 feet to the West Right of Way line of the Intracoastal Waterway: Thence North 26 Degrees 14' 20" West 148 feet: Thence South 64 Degrees 13" West 394.5 feet: Thence South 25 Degrees East 148 feet to the point of beginning. WHEREAS, Declarant has subdivided the above described real property and has created Lots 1, 2 3, 4, 5, and Tract A of BLANKEN'S LANDING, unrecorded Subdivision number The Legal description for each of the lots and for Tract A are set forth on Exhibit '1' attached hereto and by reference made a part hereof. WHEREAS, Declarant intends that the Owners of the individually numbered lots shall have access to the river over Tract A and shall otherwise share ownership and use of Tract A as tenants in common. NOW, THEREFORE, Declarant hereby declares that all of the above described real property shall be held, sold, and conveyed, subject to the following covenants, restrictions and conditions, which are for the purpose of protecting the value and desirability of the land, and said covenants, restrictions and conditions shall run with the land and be binding upon all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE 1. A. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any of the individually numbered lots specifically described on Exhibit '1'. B. "Common Area" shall mean all of. the real property described as Tract A, including any and all riparian rights and water rights of every kind and nature appurtenant thereto. C. "Lot" or "lots" shall mean and refer to any one; or more, of the parcels of land described on Exhibit '1' hereto, which are individually numbered 1, 2, 3, 4, or 5. D. "Declarant" shall mean and refer to Sunrise Homes and Rentals, Inc., a Florida Corporation, which at this time, is the fee simple owner of all of the real property described on Exhibit '1', and includes the entire parcel of real property subdivided into BLANKEN'S LANDING, unrecorded Subdivision number ARTICLE II. PROPERTY RIGHTS A. Declarant shall convey the fee simple title to the individually numbered lots to others for use as single family residential lots. B. The Declarant shall convey with each individually numbered lot an undivided 1/5th interest in Tract A of B •ANKE S LANDING. C. The Owners of the individually numbered lots shall have the right to use Tract A for recreational purposes and for access to the river. D. The Lot Owners shall share the exclusive use of Tract A, but no individual Owner shall exert dominion and control over Tract A exclusive of the other Owners. Ownership and control of Tract A shall be undivided interests as a group of tenants in common, and at all times the Owners' individual use must be in compliance with the restrictions of all applicable governmental authorities. *MW E. The Declarant has improved Tract A with a dock extending out into the water from the eastern shore of the upland of Tract A. Each individual Lot Owner may use the boat slip which has been designated with a number corresponding to the individual lot numbers. A sketch of the dock and slip arrangement is attached hereto as Exhibit '2' and is incorporated herein by reference. Each Owner shall have exclusive possession and control of their designated slip area for the purpose of mooring or docking a vessel. Nothing herein contained shall be construed to prevent any Owner from fishing, s wimmin g, diving or otherwise using and enjoying the entire dock and water area, provided said use is in harmony with and not detrimental to the docking of vessels by other Owners. ARTICLE III. TENANTS IN COMMON A. Each Lot Owner shall own an undivided one -fifth (1 /5th) interest in Tract A as a tenant in common with all of the other Lot Owners. B. Maintenance and repair of the improvements on Tract A, and NOW Construction of further improvements to Tract A shall be an equally shared responsibility, but shall be governed by majority rule of the five Lot Owners. C. By accepting delivery of a deed to the lot, each Owner accepts personal liability for their respective share of all costs and expenses associated with ownership, operation, maintenance, repair and /or improvement of Tract A. This covenant of liability attributable to each Owner individually shall also include a covenant that the financial liability shall constitute a lien or charge against the individually numbered lot and its undivided share of Tract A. ARTICLE IV USE OF PROPERTY A. No nuisance shall be permitted to exist or be operated upon any portion of Tract A, or the water area lying easterly thereof, so as to be detrimental to any of the lots or their occupants. B. No overnight parking of commercial vehicles, recreational vehicles, boat trailers or camper trailers upon Tract A shall be permitted. C. No business activity shall be permitted to be conducted on, or from, Tract A. D. All use of Tract A must be in compliance with the applicable governmental regulations and ordinances. ARTICLE V. GENERAL PROVISIONS A. The covenants, conditions and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless at the expiration of the twenty (20) year term, or any ten (10) year extension period, the covenants, conditions, and restrictions are expressly terminated by an instrument signed by eighty (80 %) percent of the Owners of the individually numbered lots. A termination must be recorded in the Public Records of Volusia County, Florida. All Owners shall be bound by all covenants, conditions and restrictions contained herein with regard to the use and enjoyment of Tract A. B. This Declaration may be amended at any time by an instrument signed by eighty (80 %) percent of the Lot Owners. Any amendment must be recorded in the Public Records of Volusia County, Florida. C. An Owner shall have the right to enforce, by a proceeding at law or in equity, any and all restrictions, conditions, covenants, reservations, liens, and charges now or hereinafter imposed by the provisions of this Declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed to be a waiver of the right to do so thereafter. D. Invalidation of anyone of these covenants or restrictions by judgment, court order, or by operation of law shall in no way affect any other provisions, which shall remain in full force and effect. E. After the Construction of the dock in substantial conformity to the depiction thereof on Exhibit '2', the Declarant shall have no obligation to provide any additional improvements, maintenance or repair, other than as a Lot Owner. To the extent Declarant continues to own Lots, Declarant shall bear a prorata share of the expenses of maintenance, repair and /or improvement of Tract A. GENERAL RESTRICTIONS USE AND OCCUPANCY 1. Maintenance and Repair: All dwellings, structures, buildings, outbuildings, walls, driveways and fences placed or maintained on the Properties or any portion thereof, shall be at all times be maintained in good condition and repair. 2. Ground Maintenance a) Grass, hedges, shrubs, vines and mass plantings of any type on each lot shall be trimmed and shall at regular intervals be mowed, trimmed and cut so as to maintain the same in a neat and attractive manner. b) No weeds, vegetation, rubbish, debris, garbage, waste materials, or materials of any kind whatsoever shall be placed or permitted to accumulate upon any portion of a Lot, which would render it unsanitary, unsightly, offensive, or detrimental to the Properties in the vicinity thereof or to the occupants of any property in the vicinity. 3. Animals. Birds and Fowl: No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that a reasonable number of dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes. 4. Laundry: No clothes, sheets, blankets or other articles shall be hung out to dry in the side or front yard of any lot except in a service yard or yard enclosed by a lattice, fence, wall or other screening device. 5. Boat and Vehicle Storage No automobile, truck, trailer, boat trailer, or other vehicle, and no boat of any kind shall be parked, left or stored upon any single family lot, unless it is parked, left, or stored in a garage or other enclosure of a minim of six feet in height, so it is not open to view by the public or owners within the subdivision. Provided, however, that automobiles may be parked on a finished driveway on any single lot for a maximum period of 48 hours, if said automobile is owned or is intended for use by the Owner or occupant of the Living Unit on the Lot, and such automobile is in a good state of repair. 6. Nuisances: No noxious or offensive trade or activity shall be %W permitted on any Lot or Living Unit, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 7. Preservation and Maintenance of Slopes Banks and Swales: No person shall reconstruct, damage, destroy, open, reduce, remove, alter, modify or install any thing or improvement within, over or upon any bank, slope or swale within the Properties without first obtaining Association approval. No construction or excavation in the proximity of any canal, bank, slope or swale shall be permitted which would impair the stability of the slopes in said areas. 8. Swimming Pools: S wimmin g Pools may be constructed on any Lot provided that access to them from outside the lot is controlled from all directions by fencing and the residential structure, or by screened enclosures. 9. Recreational Area: The recreational area shall be used and conveyed solely with the provisions herein and with the following covenants, terms and conditions: a) No more than ten percent of the wetlands within the property boundary shall be disturbed, whether filled, cleared or otherwise altered without a mitigation plan approved by the City. b) A wetlands protection buffer shall be maintained around all wetland vegetation. The buffer shall begin at the wetland vegetation line and extend upland a distance of twenty -five feet. The buffer shall include canopy, understory and ground cover of preserved existing vegetation or planted native species. c) Vertical seawalls and /or bulkheads shall not be used for erosion control or shoreline stabilization. d) A shoreline protection buffer shall be established at a line extending fifty feet laterally upland from the mean high water mark. No development shall be permitted within the buffer with the exception of a pervious walkway for reasonable access to the water. e) No more than twenty percent of the shoreline may be altered for reasonable access. The remainder of the shoreline shall be maintained in unaltered native vegetation. f) The remainder of Tract 'A' shall be used solely as permanent recreational open space. IN WITNESS WHEREOF, the Declarant herein, has caused this document to be executed this day of , 1997. SUNRISE HOMES AND RENTALS, I BY: JOHN BLANKEN, President STATE OF FLORIDA '�✓ COUNTY OF VOLUSIA The foregoing was acknowledged before me this day of , 1997, by JOHN BLANKEN, President of SUNRISE HOMES AND RENTALS, INC. MEMO To: City Council, Edgewater Florida From: Taras Stratechuk Subject: Concern about contamination of underground water Date: August 1, 1998 Dear city council members, I am today informally representing a group of Volusia County residents who live on property adjoining the old Edgewater city landfill on Airpark Road. Our homes are located in Volusia County adjoining the city of Edgewater. Most of us live on Oak Trail in the Stanley Acres subdivision and our homes have individual well water systems. We are deeply concerned that the old landfill, although presently not active, may be contaminating our underground water supply with PCB's , Dioxin or other dangerous chemicals. Our concern involves not only possible existing contamination but also future contamination that may occur as these chemicals gradually leech further into our underground water supply. Since the former landfill is the property of the city of Edgewater, we would like city staff personnel or city officials to kindly discuss these concerns with us. We are at this time also asking the city to please offer suggestions, guidance and/or instructions regarding the best way to proceed in these discussions. Yours very sincerely, Tomas Stratechuk 2942 Oak Trail Edgewater, Florida 32141 tel: 426 -5159 '( •C Z Ms. Barbara Davis, Director Metropolitan Planning Organization 1190 Pelican Bay Drive Daytona Beach, FL 32119 -1381 Re: US I Arterial Investment Study (AIS) Dear Ms. Davis: 0, �J July 29, 1998 The Edgewater City Council received a presentation on July 20, 1998, by Andre' E. Lauzier of Transportation Engineering, Inc. (TEI). Mr. Lauzier described the US 1 study area and identified several expansion alternatives that would be evaluated. The options include: 1. Expand US 1 to six -lanes requiring additional right -of -way (ROW). 2. Expand US 1 to six -lanes within the existing ROW. 3. Maintain four lanes and existing medians to expand turn lanes, intersection improvements and safety features. 4. No build scenario - (no capital improvements). The City Council was requested to provide comments concerning the feasibility of the described alternatives. Based on the existing traffic counts and projected future traffic counts, it appears that the segment of US 1 within the City of Edgewater will not require the six - laning of US 1 in the foreseeable future. The City of Edgewater would respectfully request that the following City comments be included in the AIS Report: 1. The City of Edgewater is opposed to a road - widening program that would require additional ROW resulting in a loss of any active business. 2. The City requests that alternative north -south corridors be investigated to provide relief for US 1 traffic. Corridors to be considered include Williamson Boulevard and Mission Road. 3. The City is supportive of intersection improvements, signalization and turn lanes to improve the US 1 capacity and safety. 4. The City supports median beautification and will provide reclaimed water for irrigation. 5. The City does not support a six -lane program at this time. Ms. Barbara Davis US 1 AIS Page -2- If you have any questions, please contact me at 424 -2404. Sincerely, Randy G. Allman Mayor RGA:lizm cc: ?? cAcorresp \us 1 ais.729