11-03-2003
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Voting Order
Councilwoman lichter
Mayor Schmidt
Councilman Brown
Counci/manHammond
Councilwoman Rhodes
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
November 3,2003
COMMUNITY CENTER
I. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
None at this time.
3. PRESENT ATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONA TIONS
A. Recognition of appointed/reappointed Board/Committee members.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Please
state your name and address, and please limit your comments to five minutes or less.
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. I sl Reading, Ord. No. 2003-0-24, Dupuis and Jacobs at Edgewater LLC,
authorized agent for owners Gregory and Rose Hoffinan, requesting
annexation of 1. 46:!:: acres of property located at 3725 US I.
B. I sl Reading, Ord. No. 2003-0-25, Dupuis and Jacobs at Edgewater LLC,
authorized agent for owners Gregory and Rose Hoffinan, requesting a
Comprehensive Plan Future Land Use Map amendment for 1.46:!:: acres of
property located at 3725 USI from Volusia County Commercial to City
Commercial.
C. I sl Reading, Ord. No. 2003-0-26, Dupuis and Jacobs at Edgewater LLC,
authorized agent for owners Gregory and Rose Hoffinan, requesting a Zoning
Map amendment for 1.46:!:: acres of property located at 3725 USI from
Volusia County B-4W (General Commercial) to City B-3 (Highway
Commercial) .
D. 1"1 Reading, Ord. No. 2003-0-27, Dupuis and Jacobs at Edgewater LLC,
owners, requesting annexation of 6.85:!:: acres of property located east of US 1
and south of Canal Drive.
E. I sl Reading, Ord. No. 2003-0-28, Dupuis and Jacobs at Edgewater LLC,
owners, requesting a Comprehensive Plan Future Land Use Map amendment
for 6.85:!:: acres of property located east of US 1 and south of Canal Drive from
V olusia County Urban Medium Intensity and County Commercial to City
Low Density Residential with Conservation Overlay.
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City Council Agenda
November 3,2003
Page -2-
...
6. Public Hearings, Ordinances and Resolutions Cont.
F. 1 sf Reading, Ord. No. 2003-0-29, Dupuis and Jacobs at Edgewater LLC,
owners, requesting a Zoning Agreement and associated Zoning Map
amendment for 6.85:i: acres of property located east of US 1 and south of Canal
Drive from Volusia County R-4W (Urban Single Family Residential) and B-
4W (General Commercial) to City RPUD (Residential Planned Unit
Development).
G. Emergency Ord. No. 2003-0-30, imposing a temporary moratorium (six
months) on the consideration and permitting of private clubs, billiards, pools,
electronic games, game rooms, arcades, dance halls and similar indoor
entertainment and amusement facilities pending the establishment of
permitting criteria for such activities.
7. BOARD APPOINTMENTS
A. MPO Citizen Advisory Committee - Mayor's appointment to replace Nora
Jane Gillespie (pulled from agenda October 21,2003).
B. MPO Pedestrian Task Force - Mayor's appointment to replace Bob McGovern
(pulled from agenda October 21, 2003).
C. Citizen Code Enforcement Board - Councilwoman Rhodes to consider Board's
recommendation to fill the remaining term of Tony Fowler, who resigned due
to his business schedule.
8. CONSENT AGENDA - None at this time.
9. OTHER BUSINESS
A. Mariners Gate Subdivision - Edgewater Terrace Inc. requesting final plat
approval for a 75 lot single-family residential subdivision located east of Coco
Palm Drive, south of Pine Avenue and west of US 1.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
12. ADJOURN.
Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is before
Council. Please state your name and address, and please limit your comments to five
minutes or less.
2) All items for inclusion on the November 17, 2003, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, November 10, 2003.
Pursuant to Chapter 286, FS., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a
verbatim record of the proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact City Clerk Susan Wadsworth, 386-424-2407, prior to the meeting.
F:\agendas\110303reg
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AGENDA REQUEST
Date: October 13, 2003
PUBLIC
HEARING
RESOLUTION
ORDINANCE November 3, 2003
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
151 Reading - Ordinance No. 2003-0-24.
Dupuis and Jacobs at Edgewater LLC, authorized
agent for Gregory and Rose Hoffman, owners,
requesting annexation of approximately 1.46 acres of
property located at 3725 US Highway 1.
PROPOSED USE: Existing Mini-Warehouse
LOCATION: 3725 US Highway 1 (PID # 8448-00-00-0091)
AREA: 1.46:!: acres
CURRENT LAND USE: Mini-Warehouse
FLUM DESIGNATION: Commercial
ZONING DISTRICT: Volusia County B-4W (General Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Designation Zoning District
North Vacant V olusia County - V olusia County - B-4 W
Commercial (General Commercial)
East Vacant V olusia County - Urban Volusia County - R-4W
Single Family Residential (Urban Single Family
Residential)
South Warehouse V olusia County - V olusia County - B-4 W
Commercial/Urban Single (General Commercial / R-
Family Residential 4W (Urban Single Family
Residential)
West Vacant Commercial with B-3 (Highway
Conservation Overlay . Commercial)
AN-0302 - Hoffman
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Background: This parcel is currently developed as a mini-warehouse facility and shall maintain 0
its current usage. This parcel is contiguous to City limits due to the parcels to the west.
The Planning and Zoning Board voted to send a favorable recommendation for annexation at the
September 17, 2003 meeting.
Land Use Compatibility: The current use is compatible with the surrounding mix of existing
commercial uses and permitted uses along US Highway 1.
Adequate Public Facilities: This site has access to US Highway 1. City water is available and
sewer is available via lift station installation and a tie into the force main. This annexation shall
not affect any current level of service standard for public facilities.
Natural Environment: Soil types for this parcel is Orsino Fine Sand, 0-5% Slope. Vegetation
on this site is Generalized Urban, Pine/Xeric Oak.
Consistency with Comprehensive Plan: Annexation of this parcel is consistent with all
Comprehensive Plan requirements. The Future Land Use Map amendment will be processed and
submitted to the Department of Community Affairs and all other appropriate agencies.
Other Matters: There are no other matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2003-0-24, annexing approximately 1.46 acres of
property located at 3725 US Highway 1.
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MOTION
Motion to approve Ordinance No. 2003 -0-24 annexing approximately 1.46 acres of property
located at 3725 US Highway 1.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
Ch:h ' rr?-th ~I"'~
Robin ~atuslck
Paralegal
bH~
Kenneth R. Hooper
City Manager
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AN-0302 - Hoffman
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ORDINANCE NO. 2003-0-24
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 3725 US HIGHWAY NO. 1 (PARCEL
IDENTIFICATION #8448-00-00-0091), VOLUSIA COUNTY,
INTO THE CITY OF EDGEW A TER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY AND
REQillREMENTS CONTAINED IN THE COMPREHENSIVE
PLAN AND LAND DEVELOPMENT CODE; AMENDING THE
DESCRIPTION OF CITY OF EDGEW A TER CORPORATE
LIMITS; PROVIDING FOR FILING WITH THE CLERK OF
THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA
COUNTY PROPERTY APPRAISER AND THE
DEP ARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1.
Dupuis and Jacobs at Edgewater, LLC are the agent of record for Gregory N. and
Rose M. Hoffman who are the owners of certain real property located at 3725 US Highway No. I,
in V olusia County, Florida. Subject property contains approximately 1.46 acres more or less.
2. The owners have voluntarily petitioned the City of Edge water for annexation pursuant
to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
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Underlined passages are added.
2003-0-24
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5. During a meeting on September 17, 2003, the Planning and Zoning Board reviewed
the petition and recommended by a vote of 6 to 0 that the property be annexed into the City.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEW A TER, FLORIDA.
1.
Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edge water, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described in Exhibit "A" and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
Struck tmough passages are deleted.
Underlined passages are added.
2003-0-24
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are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTD.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E.
ADOPTION.
After Motion by
and Second by
the vote on the first reading/public hearing of this ordinance held on November 3, 2003, was as
follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
and Second by
,the
vote on the second reading/public hearing of this ordinance held on November 17, 2003, was as
Stl uck through passages are deleted.
Underlined passages are added.
2003-0-24
3
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 17th day of November, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
EXHIBIT" A"
Stmck tlllongh passages are deleted.
Underlined passages are added.
2003-0-24
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CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of November, 2003 under Agenda Item No.
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LEGAL DESCRIPTION
The Northerly 209.83 feet, as measured along the Easterly RlW of U.S. Highway No.1 of the
Southerly 629.78 feet of the Westerly 300 feet, East of said U. S. No.1 ofthe North 52.465 chains
of the Jane Murray Grant, in Sections 48 and 49 Township 18 South, Range 34 East, all lying East
of said U. S. Highway No.1 and being more particularly described as follows:
Commence at the concrete monument being located on the South line of the North line 52.465 chains
of the said Jane Murray Grant and the East RlW ofU. S. Highway No.1, a 158 foot RlW as now
monumented, thence N 22054'41" W along said East RlW a distance of 419.95 feet for the Point of
Beginning, thence continue N 22054'41" W, a distance of 209.83 feet to a PRM making the
Southwesterly comer of Lot 1, Waterway Park Section 1, as recorded in Map Book 19, Page 269 of
the Public Records of Vol usia County, Florida, thence N 68042'50" E, along the Southerly line of
said Lot 1 and its Easterly extension thereof, a distance of 300 feet thence South S 22054'29" E, a
distance of 21 0.23 feet thence S 68049'41" W, a distance of 300 feet to the Point of Beginning.
Containing 1.46 acres more or less.
Parcel #8448-00-00-0091.
Shuck tlllough passages are deleted.
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2003-0-24
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AGENDA REQUEST
Date: October 13.2003
PUBLIC
HEARlNG
ORDINANCE November 3. 2003
RESOLUTION
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
151 Reading - Ordinance No. 2003-0-25
Dupuis and Jacobs at Edgewater LLC, authorized agent for
Gregory and Rose Hoffman, owners, requesting a
Comprehensive Plan Future Land Use Map amendment for
approximately 1.46 acres of property located at 3725 US
Highway 1 from V olusia County Commercial to City
Commercial.
PROPOSED USE: Existing Mini-Warehouse
LOCATION: 3725 US Highway 1 (PID # 8448-00-00-0091)
AREA: 1.46:1: acres
U CURRENT LAND USE: Mini-Warehouse
FLUM DESIGNATION: Commercial
ZONING DISTRICT: Volusia County B-4W (General Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FL UM DesiJ!nation ZoninJ! District
North Vacant V olusia County - V olusia County - B-4 W
Commercial (General Commercial)
East Vacant Volusia County - Urban Volusia County - R-4W
Single Family Residential (Urban Single Family
Residential)
South Warehouse V olusia County - V olusia County - B-4 W
Commercial/Urban Single (General Commercial / R-
Family Residential 4W (Urban Single Family
Residential)
West Vacant Commercial with B-3 (Highway
Conservation Overlay Commercial)
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CPA-0303 - Hoffman
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Background: This parcel is currently developed as a mini-warehouse facility. This parcel is contiguous
to City limits due to the parcels to the west. The proposed amendment is considered small scale by the 0
Florida Department of Community Affairs (FDCA), and shall be submitted for review by all appropriate
agencies following formal adoption by City Council.
The Planning and Zoning Board voted to send a favorable recommendation the Comprehensive Plan
Future Land Use Map amendment at the September 17,2003 meeting.
Land Use Compatibility: The current use is compatible with the surrounding mix of existing commercial
uses and permitted uses along US Highway 1.
Adequate Public Facilities: This site has access to US Highway 1. City water is available and sewer is
available via lift station installation and a tie into the force main. This Comprehensive Plan Land Use
amendment shall not affect any current level of service standards for public facilities.
Natural Environment: Soil types for this parcel is Orsino Fine Sand, 0-5% Slope. Vegetation on this site
is Generalized Urban, PinelXeric Oak.
Consistency with Comprehensive Plan: The proposed Future Land Use Map amendment is consistent
with Goals, Objectives, and Policies of the City's Comprehensive Plan.
Other Matters: There are no other matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2003-0-25, amending the Comprehensive Plan Future Land Use
Map for approximately 1 .45 acres of property located at 3725 US Highway 1 from V olusia County Commercial 0
to City Commercial, and therefore authorizing Staff to submit the amendment to the Florida Department of
Community Affairs and other appropriate agencies.
MOTION
Motion to approve Ordinance No. 2003 -0-25, amending the Comprehensive Plan Future Land Use Map for
approximately 1.45 acres of property located at 3725 US Highway 1 from V olusia County Commercial to City
Commercial, and therefore authorizing Staff to submit the amendment to the Florida Department of
Community Affairs and other appropriate agencies.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~rrp~~
Robin Matusick '\
Paralegal
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City Manager
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CPA-0303 - Hoffman
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ORDINANCE NO. 2003-0-25
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY
COMMERCIAL TO CITY COMMERCIAL FOR PROPERTY
LOCATED AT 3725 U. S. HIGHWAY NO.1 (PARCEL ID
#8448-00-00-0091), EDGEWATER, FLORIDA; PROVIDING
FOR FINDINGS OF CONSISTENCY; AMENDING THE
FUTURE LAND USE MAP; PROVIDING FOR FILING WITH
THE FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS,
THE VOL USIA GROWTH MANAGEMENT COMMISSION,
THE REGIONAL PLANNING COUNCIL, AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1.
Dupuis and Jacobs at Edgewater, LLC is the agent of record for Gregory N. and Rose
M. Hoffman who are the owners of certain real property located at 3725 US Highway No.1, in
Volusia County, Florida. Subject property contains approximately 1.46 acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
applicants are requesting a Comprehensive Plan Amendment for the subject property. The requested
Amendment would change the Future Land Use Map designation from County Commercial to City
Commercial for the property described herein.
3. On September 17,2003, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
6 to 0, recommended that the City Council approve the request.
2003-0-25
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4. In a letter dated October 17,2003, the Legal Department notified the owners by mail
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of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property regarding the pending Amendment.
5. On November 3, 2003, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on November 17,2003, the
City Council held a public hearing to consider the change in the Future Land Use Map designation
after publishing notice of such hearing in the Observer on Thursday, November 6,2003.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
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amended and supplemented, said Article adopting the Comprehensive Plan ofthe City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Commercial for property described in the legal description contained
in Exhibit "A" and further located on the map as reflected in Exhibit "B" (which are attached hereto
and incorporated herein).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element which addresses
2003-0-25
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appropriate buffering between commercial and low density residential.
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner is hereby authorized and directed to amend the Future Land Use Map of
the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the
Future Land Use designation for the property described herein.
PARTD.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163 .3187( 1)( c )2, Florida Statutes (2002), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PART E.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART F.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2003-0-25
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Underlined passages are added.
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PART H. ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on November 3, 2003 is as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2003-0-25
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PASSED AND DULY ADOPTED this 17th day of November, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
2003-0-25
Stt tick tm ough passages are deleted.
Underlined passages are added.
5
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of November, 2003 under Agenda Item No.
6
EXHIBIT "A"
LEGAL DESCRIPTION
The Northerly 209.83 feet, as measured along the Easterly R/W of U.S. Highway No.1 of the
Southerly 629.78 feet of the Westerly 300 feet, East of said U. S. No.1 of the North 52.465 chains
of the Jane Murray Grant, in Sections 48 and 49 Township 18 South, Range 34 East, all lying East
of said U. S. Highway No.1 and being more particularly described as follows:
Commence at the concrete monument being located on the South line of the North line 52.465
chains of the said Jane Murray Grant and the East R/W ofU. S. Highway No.1, a 158 foot R/W as
nowmonumented, thence N22054'41" W along said East R/W a distance of419.95 feet for the Point
of Beginning, thence continue N 22054'41" W, a distance of 209.83 feet to a PRM making the
Southwesterly corner of Lot 1, Waterway Park Section 1, as recorded in Map Book 19, Page 269
of the Public Records of Vol usia County, Florida, thence N 68042'50" E, along the Southerly line
of said Lot 1 and its Easterly extension thereof, a distance of 300 feet thence South S 22054'29" E,
a distance of 21 0.23 feet thence S 68049'41" W, a distance of 300 feet to the Point of Beginning.
Containing 1.46 acres more or less.
Parcel #8448-00-00-0091.
2003-0-25
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Underlined passages are added.
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AGENDA REQUEST
Date: October 13, 2003
PUBLIC
HEARING
RESOLUTION
ORDINANCE November 3, 2003
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
1 st Reading - Ordinance No. 2003-0-26
Dupuis and Jacobs at Edgewater LLC, authorized agent for
Gregory and Rose Hoffinan, owners, requesting a Zoning
Map amendment for approximately 1.46 acres of property
located at 3725 US Highway 1 from V olusia County B-4 W
(General Commercial) to City B-3 (Highway Commercial).
PROPOSED USE: Existing Mini-Warehouse
LOCATION: 3725 US Highway 1 (PID # 8448-00-00-0091)
AREA: 1.46::1: acres
(.) CURRENT LAND USE: Mini-Warehouse
FLUM DESIGNATION: Commercial
C;
ZONING DISTRICT: Volusia County B-4W (General Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Designation Zoning District
North Vacant V olusia County - V olusia County - B-4 W
Commercial (General Commercial)
East Vacant V olusia County - Urban Volusia County - R-4W
Single Family Residential (Urban Single Family
Residential)
South Warehouse V olusia County- Volusia County - B-4W
Commercial/Urban Single (General Commercial / R-
Family Residential 4W (Urban Single Family
Residential)
West Vacant Commercial with B-3 (Highway
Conservation Overlay Commercial)
RZ-0307 - Hoffman
to
1;
Background: This parcel is currently developed as a mini-warehouse facility and shall maintain
its current usage. This parcel is contiguous to City limits due to the parcels to the west. 0
The Planning and Zoning Board voted to send a favorable recommendation to City Council for
the proposed Zoning Map Amendment at the September 17,2003 meeting.
Land Use Compatibility: The current use is compatible with the surrounding mix of existing
commercial uses and permitted uses along US Highway 1.
Adequate Public Facilities: This site has access to US Highway 1. City water is available;
sewer is available via lift station installation and a tie into the force main. This Zoning Map
amendment shall not affect any current level of service standard for public facilities.
Natural Environment: Soil types for this parcel is Orsino Fine Sand, 0-5% Slope. Vegetation
on this site is Generalized Urban, Pine/Xeric Oak.
Consistency with Comprehensive Plan: The proposed Zoning Map amendment is consistent
with the Goals, Objectives, and Policies of the City's Comprehensive Plan.
Other Matters: There are no other matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2003-0-26, amending the Official Zoning Map for 0
approximately 1.45 acres of property located at 3725 US Highway lfrom Volusia County B-4W (General
Commercial) to City B-3 (Highway Commercial).
MOTION
Motion to approve Ordinance No. 2003-0-26, amending the Official Zoning Map for approximately 1.45 acres
of property located at 3725 US Highway Ifrom Volusia County B-4W (General Commercial) to City B-3
(Highway Commercial).
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
C7\0k~~ ~
Robin Mahtsick \.: K nneth R. Hooper
Paralegal City Manager
o
RZ-0307 - Hoffman
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ORDINANCE NO. 2003-0-26
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4W (GENERAL
COMMERCIAL) TO B-3 (HIGHWAY COMMERCIAL) FOR
PROPERTY LOCATED AT 3725 U.S. HIGHW AY#l (pARCEL
IDENTIFICATION #8448-00-00-0091), EDGEW A TER,
FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF EDGEWATER; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Dupuis and Jacobs at Edgewater, LLC are the agent of record for Gregory N. and
Rose M. Hoffman who are the owners of certain real property located at 3725 US Highway No.1,
in V olusia County, Florida. Subject property contains approximately 1.46 acres more or less.
2.
The owners/applicants have submitted an application for a change in zoning
classification from County B-4W (General Commercial) to B-3 (Highway Commercial) for the
property described herein.
3. On September 17,2003, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On November 3, 2003, the City Council considered on first reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Observer
on October 23,2003.
Stltlck t\llohgl. passages are deleted.
Underlined passages are added.
2003-0-26
1
5. On November 17,2003, the City Council held a public hearing on the application
after publishing notice of such hearing in the Observer on November 6,2003, and notifying by mail
all property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10.
The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
B-4W (General Commercial) to B-3 (Highway Commercial):
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Underlined passages are added.
2003-0-26
2
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The following described real property all lying and being in the County of V olusia
and State of Florida.
The Northerly 209.83 feet, as measured along the Easterly R/W ofD.S. Highway No.
1 of the Southerly 629.78 feet ofthe Westerly 300 feet, East of said D. S. No.1 of
the North 52.465 chains of the Jane Murray Grant, in Sections 48 and 49 Township
18 South, Range 34 East, all lying East of said D. S. Highway No.1 and being more
particularly described as follows:
Commence at the concrete monument being located on the South line of the North
line 52.465 chains of the said Jane Murray Grant and the East R/W ofD. S. Highway
No.1, a 158 foot R/W as now monumented, thence N 22054'41" W along said East
R/W a distance of 419.95 feet for the Point of Beginning, thence continue N
22054'41" W, a distance of209.83 feet to a PRM making the Southwesterly comer
of Lot 1, Waterway Park Section 1, as recorded in Map Book 19, Page 269 of the
Public Records of Volusia County, Florida, thence N 68042'50" E, along the
Southerly line of said Lot 1 and its Easterly extension thereof, a distance of 300 feet
thence South S 22054'29" E, a distance of 210.23 feet thence S 68049'41" W, a
distance of 300 feet to the Point of Beginning.
Containing 1.46 acres more or less.
Parcel #8448-00-00-0091.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edge water, Florida, to reflect the change in zoning classification for the above described
property .
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
StlOGk t1uotlgh passages are deleted.
Underlined passages are added.
2003-0-26
3
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
Stltlck tluotlgl. passages are deleted.
Underlined passages are added.
2003-0-26
4
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PART G.
ADOPTION.
After Motion by
and Second by
vote on the first reading of this ordinance held on November 3, 2003, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
and Second by
vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Shtick tlllotlgh passages are deleted.
Underlined passages are added.
2003-0-26
5
, the
, the
PASSED AND DULY ADOPTED this 17th day of November, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Stlllck thlOtlgh passages are deleted.
Underlined passages are added.
2003-0-26
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
6
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of November, 2003 under Agenda Item No.
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AGENDA REQUEST
Date: October 13, 2003
PUBLIC
HEARING
RESOLUTION
ORDINANCE November 3, 2003
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
151 Reading - Ordinance No. 2003-0-27
Dupuis and Jacobs at Edgewater LLC, owners, requesting
annexation of approximately 6.85 acres of property located
east of US Highway land south of Canal Drive.
PROPOSED USE: 21 Unit single-family home subdivision.
LOCATION: East of US Highway I and south of Canal Drive. (PID # 8448-00-00-0090)
AREA: 6.85:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Urban Medium Intensity and Commercial
ZONING DISTRICT: Volusia County R-4W (Single family residential) and B-4W (General Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Desif!nation Zoninf! District
Volusia County - Single V olusia County - Urban Medium Volusia County - R-4W
North Family ResidentialIMini- Density/Commercial (Urban Single Family
Warehouse Residential) and B-4 W
(General Commercial)
Volusia County -Vacanti V olusia County - Urban Medium Volusia County - R-4W
East Single Family Residential Density (Urban Single Family
Residential)
Volusia County- Volusia County - Urban Medium V olusia County - MH-I W
South Manufactured Home Density (Mobile Home Park)
Subdivision
Volusia County - Mini- V olusia County - Commercial Volusia County - B-4W
West Warehouse, Vacant, (General Commercial)
Warehouse
AN-0303 - Dupuis
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Background: This parcel is currently vacant; the proposed development is a 21-unit single-family home
subdivision. The applicant has simultaneously applied for the Future Land Use Map and Zoning Map 0
amendments.
The developer is proposing the lots to be a minimum of7,700 square feet with a minimum width onO-feet and
a depth of 11 O-feet, side setbacks shall be seven and one-half feet (7 Y2 '). Stormwater retention will be on-site
and developed per the City's Stormwater regulations.
The Planning and Zoning Board voted to send a favorable recommendation to City Council for the annexation
of this parcel at the September 17, 2003 meeting.
Land Use Compatibility: The proposed subdivision is compatible with the residential uses to the east, north,
and south. The property to the west is zoned for commercial usage.
Adequate Public Facilities: This site has access to US Highway 1. City water is available; sewer is available
via lift station installation and a tie into the force main. Prior to final plat approval the developer shall install
all necessary infrastructure; this includes, but is not limited to streets, utilities, and streetlights. The V olusia
County Traffic Engineering Department has reviewed the proposed subdivision and has no objections. This
development shall not exceed any public facility level of service standard.
Natural Environment: Soil types for this parcel is Orsino Fine Sand, 0-5% Slope; Daytona Sand; 0-5%
Slope. Vegetation on this site is Generalized Urban, Pine/Xeric Oak.
The subdivision includes property designated to remain in a conservation easement and will be dedicated to the
Homeowners Association for ownership and maintenance.
o
Consistency with Comprehensive Plan: The annexation of this parcel is consistent with the Goals,
Objectives, and Policies of the Comprehensive Plan.
Other Matters: The preliminary plat will be brought before the Planning and Zoning Board and City Council
at a later date.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2003-0-27, annexing approximately 6.85 acres of property
located east of US Highway 1 and south of Canal Drive into the City of Edgewater.
MOTION
Motion to approve Ordinance No. 2003 -0-27, annexing approximately 6.85 acres of property located east of
US Highway 1 and south of Canal Drive into the City of Edgewater.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
o
AN-0303 - Dupuis
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ORDINANCE NO. 2003-0-27
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED EAST OF U.S. HIGHWAY #1 AND SOUTH OF
HIBISCUS ROAD AND WEST OF POINCIANA ROAD
(PARCEL IDENTIFICATION #8448-00-00-0090), VOLUSIA
COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA;
SUBJECT TO THE JURISDICTION, OBLIGATIONS,
BENEFITS AND PRIVILEGES OF THE MUNICIPALITY
AND TERMS OF THE PLANNED UNIT DEVELOPMENT
(PUD) ZONING AGREEMENT; AMENDING THE
DESCRIPTION OF CITY OF EDGEWATER CORPORATE
LIMITS; PROVIDING FOR FILING WITH THE CLERK OF
THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA
COUNTY PROPERTY APPRAISER AND THE
DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE
AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Dupuis and Jacobs at Edgewater, LLC are the owners of certain real property located
East of U.S. Highway #1, South of Hibiscus Road and West of Poinciana Road, Volusia County,
Florida. Subject property contains approximately 6.85 acres more or less.
2. The owners have voluntarily petitioned the City of Edge water for annexation pursuant
to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of voting District 4 of the City of Edgewater are hereby designated
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Underlined passages are added.
2003-0-27
1
to include the property described herein.
5. During a meeting on September 17,2003, the Planning and Zoning Board reviewed
the petition and recommended by a vote of 6 to 0 that the property be annexed into the City.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF
EDGEW A TER, FLORIDA.
1.
Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edge water, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality and
to the terms of that certain Planned Unit Development (PUD) Zoning Agreement which is attached
hereto and incorporated by reference as Exhibit "C".
2.
The boundaries of the City of Edge water are hereby redefined to include the property
described above and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 ofthe Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
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2003-0-27
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PART B.
AUTHORIZATION.
City Council hereby authorizes the Mayor to execute the associated Planned Unit
Development (PUD) Zoning Agreement for Pinehurst Subdivision (attached hereto and incorporated
herein as Exhibit "C").
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
Stl tick till otigh passages are deleted.
Underlined passages are added.
2003-0-27
3
PARTF.
ADOPTION.
After Motion by
and Second by
the vote on the first reading/public hearing of this ordinance held on November 3, 2003, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
AYE NAY
and Second by
, the
vote on the second reading/public hearing of this ordinance held on November 17, 2003, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stmck tmough passages are deleted.
Underlined passages are added.
2003-0-27
AYE NAY
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PASSED AND DULY ADOPTED this 17th day of November, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Stmck thlOugh passages are deleted.
Underlined passages are added.
2003-0-27
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of November, 2003 under Agenda Item No.
6
5
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South 630 feet of the West 840 feet, East of U. S. No. 1 Highway of the North
52.465 chains (3462.69 feet) of the JANE MURRAY GRANT, in Sections 48 and 49, Township 18
South, Range 34 East, more particularly described as follows:
Commence at a concrete monument being located on the South line of the North 54.465 chains of
the said JANE MURRAY GRANT and the East R/W ofU. S. Highway No.1, a 158 foot R/W as
now monumented; thence N 690 05' 51" E, a distance of 328.56 feet for the POINT OF
BEGINNING; thence N 22050' 16" W, a distance of210.26 feet; thence S 690 05' 04" W, a distance
of 128.17 feet; thence N 220 48' 19" W, a distance of210.21 feet; thence N 690 02' 58" E, a distance
of99.82 feet; thence N 220 46' 43" W, a distance of210.53 feet to the Southwest comer of Canal
Drive, a 50 foot right-of-way as now laid out; thence N 680 49' 18" E, along the Southerly right-of-
way of said Canal Drive, a distance of 448.20 feet; thence S 220 50' 24" E, along the Westerly right-
of-way of said Canal Drive and its Southerly prolongation, a distance of 632.62 feet; thence S 690
00' 56" W, a distance of 420.26 feet to the Point of Beginning.
Containing 6.85 acres more or less.
Parcel #8448-00-00-0090.
Str tick tmough passages are deleted.
Underlined passages are added.
2003-0-27
6
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AGENDA REQUEST
Date: October 13. 2003
PUBLIC
HEARING
RESOLUTION
ORDINANCE November 3. 2003
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
151 Reading - Ordinance No. 2003-0-28
Dupuis and Jacobs at Edgewater LLC, owners, requesting
Comprehensive Plan Future Land Use Map amendment for
approximately 6.85 acres of property located east of US Highway
I and south of Canal Drive from Volusia County Urban Medium
Intensity and County Commercial to City Low Density
Residential with Conservation Overlay.
PROPOSED USE: 21 Unit single-family home subdivision.
LOCATION: East of US Highway I and south of Canal Drive. (PID # 8448-00-00-0090)
AREA: 6.85:l:: acres
CURRENT LAND USE: Vacant
U FLUM DESIGNATION: Urban Medium Intensity and Commercial
ZONING DISTRICT: Volusia County R-4W (Single family residential) and B-4W (General Commercial)
U
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM DesiRnation ZoninR District
V olusia County - Single Family Volusia County - Urban Medium Volusia County - R-4W (Urban
North Residential/Mini- Warehouse Density/Commercial Single Family Residential) and
B-4 (General Commercial)
Volusia County -Vacanti Single Volusia County - Urban Medium Volusia County - R-4W
East Family Residential Density (Urban Single Family
Residential)
South Volusia County -Manufactured Volusia County - Urban Medium Volusia County - MH-IW
Home Subdivision Density (Mobile Home Park)
Volusia County - Mini- Volusia County - Commercial Volusia County - B-4W
West Warehouse, Vacant, Warehouse (General Commercial)
Background: This parcel is currently vacant; the proposed development is a 2 I-unit single-family home subdivision.
The applicant has simultaneously applied for Annexation and Zoning Map amendment. The proposed amendment is
considered small scale by the Florida Department of Community Affairs (FDCA), therefore shall be submitted for review
to all applicable agencies following adoption by City Council.
The developer is proposing the lots to be a minimum of7,700 square feet with a minimum width of70-feet and a depth of
lID-feet, side setbacks shall be seven and one-half feet (7 ~'). Stormwater retention will be on-site and developed per
the City's StonTJwater regulations.
The Planning and Zoning Board voted to send a favorable recommendation to City Council for the Comprehensive Plan
CPA-0304 - Dupuis
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Future Land Use Map amendment from Volusia County Urban Medium Intensity to City Low Density Residential with
Conservation Overlay at the September 17, 2003 meeting. 0
Land Use Compatibility: The proposed subdivision is compatible with the residential uses to the east, north, and south.
The property to the west is zoned for commercial usage.
Adequate Public Facilities: This site has access to US Highway 1. City water is available; sewer is available via lift
station installation and a tie into the force main. Prior to final plat approval the developer shall install all necessary
infrastructure; this includes, but is not limited to streets, utilities, and streetlights. The Volusia County Traffic
Engineering Department has reviewed the proposed subdivision and has no objections. This development shall not
exceed any public facility level of service standard.
Natural Environment: Soil types for this parcel is Orsino Fine Sand, 0-5% Slope, Daytona sand; 0-5% Slope.
Vegetation on this site is Generalized Urban, PineIXeric Oak.
The subdivision includes property designated to remain in a conservation easement and will be dedicated to the
Homeowners Association for ownership and maintenance.
Consistency with Comprehensive Plan: The Low Density Residential with Conservation Overlay Future Land Use
Map designation is compatible with all related elements of the Comprehensive Plan.
Other Matters: The preliminary plat will be brought before the Planning and Zoning Board and City Council at a later
date.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2003-0-28, amending the Comprehensive Plan Future Land Use Map for
approximately 6.85 acres of property located east of US Highway 1 and south of Canal Drive from V olusia County Urban
Medium Intensity to City Low Density Residential with Conservation Overlay, therefore authorizing Staffto submit the 0
amendment to Florida Department of Community Affairs and other appropriate agencies.
MOTION
Motion to approve Ordinance No. 2003 -0-28, amending the Comprehensive Plan Future Land Use Map for
approximately 6.85 acres of property located east of US Highway 1 and south of Canal Drive from V oIusia County Urban
Medium Intensity to City Low Density Residential with Conservation Overlay, therefore authorizing Staff to submit the
amendment to Florida Department of Community Affairs and other appropriate agencies.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
o
CPA-0304 - Dupuis
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ORDINANCE NO. 2003-0-28
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY
URBAN MEDIUM DENSITY AND COMMERCIAL TO CITY
LOW DENSITY RESIDENTIAL WITH CONSERVATION
OVERLAY FOR PROPERTY LOCATED EAST OF U. S.
HIGHWAY NO.1 AND SOUTH OF HIBISCUS ROAD AND
WEST OF POINCIANA ROAD (PARCEL ID #8448-00-00-
0090), EDGEW A TER, FLORIDA; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE
VOLUSIA GROWTH MANAGEMENT COMMISSION, THE
REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT
OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COpy OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Dupuis and Jacobs at Edgewater, LLC are the owners of certain real property located
East of U.S. Highway #1, South of Hibiscus Road and West of Poinciana Road, Volusia County,
Florida. Subject property contains approximately 6.85 acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
applicants are requesting a Comprehensive Plan Amendment for the subject property. The requested
Amendment would change the Future Land Use Map designation from County Urban Medium
Density and Commercial to City Low Density Residential with Conservation Overlay for the
property described herein.
2003-0-28
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3. On September 17,2003, the Planning and Zoning Board, sitting as the City's Local
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Planning Agency considered the change in the Future Land Use Map designation and by a vote of
6 to 0, recommended that the City Council approve the request.
4. In a letter dated October 17, 2003, the Legal Department notified the owners by mail
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property regarding the pending Amendment.
5. On November 3, 2003, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section 163.3 I 87(1)(c), Florida Statutes, on November 17,2003, the
City Council held a public hearing to consider the change in the Future Land Use Map designation
after publishing notice of such hearing in the Observer on Thursday, November 6,2003.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
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PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edge water, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Low Density Residential with Conservation Overlay for property
described in the legal description contained in Exhibit "A" and further located on the map as
reflected in Exhibit "B" (which are attached hereto and incorporated herein).
2003-0-28
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PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element which addresses
appropriate buffering between commercial and low density residential.
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner is hereby authorized and directed to amend the Future Land Use Map of
the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the
Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163 .3187( 1)( c )2, Florida Statutes (2002), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PART E.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART F.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
2003-0-28
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PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on November 3,2003 is as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2003-0-28
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PASSED AND DULY ADOPTED this 17th day of November, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
2003-0-28
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5
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of November, 2003 under Agenda Item No.
6
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South 630 feet of the West 840 feet, East of U. S. No.1 Highway of the North
52.465 chains (3462.69 feet) of the JANE MURRAY GRANT, in Sections 48 and 49, Township 18
South, Range 34 East, more particularly described as follows:
Commence at a concrete monument being located on the South line of the North 54.465 chains of
the said JANE MURRAY GRANT and the East R/W ofD. S. Highway No.1, a 158 foot R/W as
now monumented; thence N 690 05' 51" E, a distance of 328.56 feet for the POINT OF
BEGINNING; thence N 22050' 16" W, a distance of210.26 feet; thence S 690 05' 04" W, a distance
of 128.17 feet; thence N 220 48' 19" W, a distance of21O.21 feet; thence N 69002' 58" E, a distance
of99.82 feet; thence N 220 46' 43" W, a distance of210.53 feet to the Southwest corner of Canal
Drive, a 50 foot right-of-way as now laid out; thence N 680 49' 18" E, along the Southerly right-of-
way of said Canal Drive, a distance of 448.20 feet; thence S 220 50' 24" E, along the Westerly right-
of-way of said Canal Drive and its Southerly prolongation, a distance of 632.62 feet; thence S 690
00' 56" W, a distance of 420.26 feet to the Point of Beginning.
Containing 6.85 acres more or less.
Parcel #8448-00-00-0090.
2003-0-28
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AGENDA REQUEST
Date: October 13.2003
PUBLIC
HEARING
RESOLUTION
ORDINANCE November 3. 2003
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
1 sl Reading - Ordinance No. 2003-0-29
Dupuis and Jacobs at Edgewater LLC, owners, requesting Zoning
Agreement and associated Zoning Map amendment approval for
approximately 6.85 acres of property located east of US Highway
I and south of Canal Drive from Volusia County R-4W (Urban
Single Family Residential) and B-4W (General Commercial) to
City RPUD (Residential Planned Unit Development)
PROPOSED USE: 21 Unit single-family home subdivision.
LOCATION: East of US Highway 1 and south of Canal Drive. (PID # 8448-00-00-0090)
AREA: 6.85:l: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Urban Medium Intensity and Commercial
ZONING DISTRICT: Volusia County R-4W (Single family residential) and B-4W (General Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM DesiJ.mation Zonin~ District
V olusia County - Single Family Volusia County - Urban Medium Volusia County - R-4W (Urban
North ResidentiallMini- Warehouse Density/Commercial Single Family Residential) and
B-4W (General Commercial)
Volusia County -Vacanti Single V olusia County - Urban Medium V olusia County - R-4W
East Family Residential Density (Urban Single Family
Residential)
South V olusia County -Manufactured Volusia County - Urban Medium Volusia County - MH-IW
Home Subdivision Densitv (Mobile Home Park)
West Volusia County - Mini- Volusia County - Commercial Volusia County - B-4W
Warehouse, Vacant, Warehouse (General Commercial)
RZ-0308 - Dupuis
Background: This parcel is currently vacant; the proposed development is 21- unit single-family home subdivision. The
applicant has simultaneously applied for annexation and the Future Land Use Map amendment.
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The developer is proposing the lots to be a minimum of7, 700 square feet with a minimum width of70-feet and a depth of
110-feet. Stormwater retention will be on-site and developed per the City's Stormwater regulations.
The Planning and Zoning Board voted to send a favorable recommendation to City Council for the Zoning Map
amendment at the September 17, 2003 meeting.
Land Use Compatibility: The proposed subdivision is compatible with the residential uses to the east, north, and south.
The property to the west is zoned for commercial usage.
Adequate Public Facilities: This site has access to US Highway I. City water is available; sewer is available via lift
station installation and tie into the force main. Prior to final plat the developer approval shall install all the necessary
infrastructure; this includes, but is not limited to streets, utilities, and streetlights. The Volusia County Traffic
Engineering Department has reviewed the proposed subdivision and has no objections. This development shall not
exceed any public facility level of service standard.
Natural Environment: Soil types for this parcel is Orsino Fine Sand, 0-5% Slope ; Daytona Sand 0-5% Slope.
Vegetation on this site is Generalized Urban, PineIXeric Oak.
The subdivision includes property designated to remain in a conservation easement and will be dedicated to the
Homeowners Association for ownership and maintenance.
Consistency with Comprehensive Plan: The proposed zoning designation for this parcel is compatible with the
proposed Future Land Use Map designation of Low Density Residential. The Future Land Use Map is being amended
simultaneously with the zoning map amendment for consistency purposes.
Other Matters: There are no other matters associated with this site.
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STAFF RECOMMENDA nON
Staff recommends approval of Ordinance No. 2003-0-29, approving the Zoning Agreement and associated amendment to
the Official Zoning Map for approximately 6.85 acres of property located east of US Highway I and south of Canal Drive
from Volusia County R-4 (Urban Single Family Residential) and B-4W (General Commercial) to City RPUD
(Residential Planned Unit Development).
MOTION
Motion to approve Ordinance No. 2003 -0-29, approving the Zoning Agreement and associated amendment to the
Official Zoning Map for approximately 6.85 acres of property located east of US Highway 1 and south of Canal Drive
from Volusia County R-4 (Urban Single Family Residential) and B-4W (General Commercial) to City RPUD
(Residential Planned Unit Development).
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
01d~~~~
Robin Matu Ick
Paralegal
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RZ-0308 - Dupuis
2
ORDINANCE NO. 2003-0-29
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AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-4W (URBAN SINGLE
FAMILY RESIDENTIAL) AND B-4W (GENERAL
COMMERCIAL) TO RPUD (RESIDENTIAL PLANNED UNIT
DEVELOPMENT) FOR PROPERTY LOCATED EAST OF U.
S. HIGHWAY NO.1 AND SOUTH OF HIBISCUS ROAD AND
WEST OF POINCIANA ROAD (PARCEL ID #8448-00-00-
0090), EDGEW A TER, FLORIDA), EDGEW A TER, FLORIDA;
AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED
UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR
PINEHURST SUBDIVISION; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
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1. Dupuis and Jacobs at Edgewater, LLC are the owners of certain real property located
East of U.S. Highway #1, South of Hibiscus Road and West of Poinciana Road, Volusia County,
Florida. Subject property contains approximately 6.85 acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
classification from County R-4W (Urban Single Family Residential) and B-4W (General
Commercial) to RPUD (Residential Planned Unit Development) for the property described herein.
3. On September 17, 2003, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On November 3,2003, the City Council considered on first reading/public hearing
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~ 2003-0-29
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4. On November 3, 2003, the City Council considered on first reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Observer
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on October 23, 2003.
5. On November 17,2003, the City Council held a public hearing on the application
after publishing notice of such hearing in the Observer on November 6, 2003, and notifying by mail
all property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8.
The proposed change in zoning classification will not adversely impact public
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facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
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2003-0-29
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PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
R-4W (Urban Single Family Residential) and B-4W (General Commercial) to RPUD (Residential
Planned Unit Development):
The following described real property all lying and being in the County of V olusia
and State of Florida.
That part ofthe South 630 feet of the West 840 feet, East ofD. S. No.1 Highway of
the North 52.465 chains (3462.69 feet) ofthe JANE MURRAY GRANT, in Sections
48 and 49, Township 18 South, Range 34 East, more particularly described as
follows:
Commence at a concrete monument being located on the South line of the North
54.465 chains of the said JANE MURRAY GRANT and the East R/W of U. S.
Highway No.1, a 158 foot R/W as now monumented; thence N 690 05' 51" E, a
distance of328.56 feet for the POINT OF BEGINNING; thence N 22050' 16" W, a
distance of210.26 feet; thence S 690 05' 04" W, a distance of 128.17 feet; thence N
22048' 19" W, a distance of210.21 feet; thence N 690 02' 58" E, a distance of99.82
feet; thence N 220 46' 43" W, a distance of210.53 feet to the Southwest corner of
Canal Drive, a 50 foot right-of-way as now laid out; thence N 680 49' 18" E, along
the Southerly right-of-way of said Canal Drive, a distance of 448.20 feet; thence S
22050' 24" E, along the Westerly right-of-way of said Canal Drive and its Southerly
prolongation, a distance of632.62 feet; thence S 690 00' 56" W, a distance of 420.26
feet to the Point of Beginning.
Containing 6.85 acres more or less.
Parcel #8448-00-00-0090.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
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2003-0-29
3
the City of Edge water, Florida, to reflect the change in zoning classification for the above described
property .
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PART C.
AUTHORIZATION.
City Council hereby authorizes the Mayor to execute the associated Planned Unit
Development (PUD) Zoning Agreement for Pinehurst Subdivision (attached hereto and incorporated
herein as Exhibit "B").
PART D.
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 E.
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
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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 F.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART G.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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2003-0-29
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PARTH.
ADOPTION.
After Motion by
and Second by
vote on the first reading of this ordinance held on November 3, 2003, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
and Second by
vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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2003-0-29
5
, the
, the
PASSED AND DULY ADOPTED this 17th day of November, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2003-0-29
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CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
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Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of November, 2003 under Agenda Item No.
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THIS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esquire
FOLEY & LARDNER
III North Orange Avenue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW A TER
P.O. Box 100
Edgewater, FL 32132-0100
For Recordin~ Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT
PINEHURST SUBDIVISION
THIS AGREEMENT is made and entered into this day of ,2003 by
and between, the CITY OF EDGEW ATER, FLORIDA, a municipal corporation, whose mailing
address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred
to as "City") and DUPUIS & JACOBS AT EDGEW A TER, L.L.C., a Limited Liability Company,
whose address is 3432 Tamarind Drive, Edgewater, Florida 32141 (hereinafter referred to as
"Developer"). The purpose of this Agreement is to define the terms and conditions granting the
development approval of the subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 6.85 acres located East of U. S.
Highway # 1 and West of Canal Drive in Edgewater, V olusia County, Florida. The legal description
of the property is attached hereto as Exhibit "A" - Legal Description. The Record owner of the
subject property is Dupuis & Jacobs, LLC with Michael A. Dupuis as their authorized agent.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Pinehurst, as defined by the Master Plan, dated
(Exhibit "B" included herein), within one (I) year of required permit
approvals for this project or within eighteen (18) months of the effective date of this Agreement,
(Agreement/Zoning - Pinehurst Subdivision)
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whichever is greater. Developer's failure to initiate construction within the time frame identified
o herein may result in the City's termination of the Agreement. The City, at its sole option, may
extend the duration of this Agreement. This development must be consistent with the Master Plan
and must be approved by City Council prior to commencement of any authorized work. Final
approval shall include, but not be limited to utilities, stormwater, traffic, fire rescue, hydrants, law
enforcement, environmental, solid waste containment, and planning elements, including
landscaping, signage and pavement marking.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this Agreement
and in accordance with the City of Edgewater's current Land Development Code. The Developer
further agrees that all development will be consistent with the Pinehurst Master Plan dated
(Exhibit "B"). Pinehurst shall be developed consistent with the City's
development procedures. Final project approval may be subject to change based upon final
environmental, permitting, and planning considerations. Use of the property will be as follows:
A. Average Lot Size/Unit Count
Pinehurst shall not exceed a total of21 single-family dwelling units. The 21 single-family
o lots are planned to be 70' x 110' or greater. Based on the Final Subdivision Plan approval, the total
number of units may vary but the maximum residential units allowed for the Pinehurst Subdivision
shall not exceed 3.1 dwelling units per total acreage or a total of 21 units.
No lot will exceed a maximum building coverage of thirty percent (30%) with a maximum
impervious coverage of sixty percent (60%) per lot.
Minimum Lot Size:
Area - 7,700 square feet
Width - 70 feet
Depth - 110 feet
B. Minimum House Square Footage
The minimum gross house square footage shall be at least 1,250 square feet living area and
a minimum of a 350 square feet garage.
C. Minimum Yard Size and Setbacks:
Front - 25'
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(Agreement/Zoning - Pinehurst Subdivision)
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Rear - 20'
Side - 7.5' <..)
Side Comer - 15'
Maximum Height - 26'
Utility Easements - 10' front,S' sides
Wetlands - 25'
Swimming Pools - Rear - 7.5' to pool deck edge
Side - 5'
D. Roads
As indicated on the Master Plan, all roads will be public roads with a minimum right-of-way
width of fifty feet (50') and shall be dedicated to the City.
E. Retention Pond( s)
All Retention Pond(s) will meet the requirements of the St. Johns River Water Management
District and the City. The pond(s) are approximately .80 acres and will be owned and maintained
by the Homeowners Association.
F. Conservation Area/Recreation/Open Space
The Pinehurst Subdivision include property, 1.06 acres designated to remain in a natural U
state. The natural area, as shown on the Master Plan, will be dedicated to the Homeowners
Association for ownership and maintenance.
G. Signage
Signage for the subdivision will be located along the main entrance road (not within public
right-of-way) to the subdivision and must meet all requirements of the City of Edgewater Land
Development Code and a written easement dedicated to the HOA must be obtained for the location
of the sign.
H. Trees
There shall be a minimum of four (4) trees per each building lot. Said trees shall be 2 ~"
in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit "C" - Trees.
I. Irrigation
Individual lots, common areas and the entrance medians will be irrigated by wells or from
a surface water system upon proper permitting and approval.
(Agreement/Zoning - Pinehurst Subdivision)
3
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J. Model Homes and Temporary Offices
o Lots I, 2, 15 and 16 are designated for use as potential model home or temporary sales office
lots. A model home may be used as a sales office from the time the plat is recorded until such time
as the last lot is developed within the subdivision. Temporary structures, such as trailers,
recreational vehicles, and the like may be permitted as a temporary sales office while a model home
is under construction. Such temporary offices shall only be permitted for an interim period not to
exceed sixty (60) days or until completion of the first model home, whichever occurs first.
Model home construction prior to plat recording shall only be allowed upon compliance with
the following requirements:
(a) Provision for fire protection, including testing and approval of the water system by
the Florida Department of Environmental Protection (FDEP), if on-site hydrants are
required to service the area where the proposed models will be constructed.
(b) Construction of access roads to the model home sites prior to building permit
issuance, to the extent necessary to allow sufficient access by City vehicles for
inspections.
(c) Permanent utility connections cannot be made until the sanitary sewer system has
o been completed and certified to FDEP.
Additional requirements, restrictions and conditions may be imposed by the City to address
specific site or project concerns. A certificate of completion issued as provided in the Standard
Building Code shall be deemed to authorize limited occupancy of model homes.
Flags or insignias which read "model", "open", "open house" or any other phrase which
identifies property for real estate purposes may be displayed in the following locations and numbers.
The maximum height of such flags shall be eight feet (8') with a maximum size of fifteen (15)
square feet.
(a) Single-family or duplex model home lot, not to exceed two (2) flags.
K. Declaration of Covenants, Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and
By-Laws for the Homeowners Association will be recorded in the public records of V olusia County
at the time the final plat for Pinehurst is recorded.
L. Landscaping and irrigation plans must be submitted with final construction plans.
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(Agreement/Zoning - Pinehurst Subdivision)
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4.
M. Traffic calming devices shall be installed in two (2) locations within the subdivision.
FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Pinehurst is County Urban Medium Intensity and
Commercial but will be City Low Density Residential. The zoning designation for Pinehurst shall
be RPUD (Residential Planned Unit Development) as defined in the City Land Development Code.
The City ofEdgewater's permitted uses for RPUD are applicable to the development of the property
and consistent with the adopted Land Development Code.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system. All
water main distribution system improvements will be installed by the Developer and conveyed to
the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the
time of platting or in accordance with the requirements contained in Section 5.L.6. - Bonds as it
relates to performance bonds.
B. Developer agrees to connect to and utilize the City's wastewater transmission and
collection system. All wastewater collection and transmission system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City
and dedicated to the City prior to or at the time of platting or in accordance with the requirements
contained in Section 5.L.6. - Bonds as it relates to performance bonds.
C. The City has determined that reclaimed water is unavailable and will not be available
in the foreseeable future.
D. Developer agrees to provide on and off site current and future utility and drainage
easements for drainage and utility service consistent with this provision.
E. All electrical services will be underground.
F. Interior Roadway improvements and all associated right-of-ways shall be dedicated
to the City of Edgewater.
G. Off-site improvements, if needed (including but not limited to intersection
improvements, turn lanes, acceleration lanes, deceleration lanes, signalization) are the developer's
responsibility and shall meet all City, County and/or State requirements and approval.
H. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - Paid to City by applicant at the time of Building Permit Application.
(Agreement/Zoning - Pinehurst Subdivision) 5
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Sewer - Paid to City by applicant at the time of Building Permit application.
Q Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit
application.
City Road Impact Fee - Paid to City by applicant at the time of Building Permit
Application.
V olusia County Impact fees for Roads and Schools - Paid at City Hall by applicant
prior to a Building Certificate of Occupancy.
The amount of all required impact fees shall be at the prevailing rate authorized at the time
of building permit application.
1. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
J. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
K. Developer agrees to reimburse the City of Edge water for direct costs associated with
the legal review, engineering review and construction inspection related to the Pinehurst
development approval and the construction of required infrastructure improvements and the review
o and approval of the final plat.
L. The developer shall provide all public facilities to support this project including the
following:
1. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system.
4. Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the Subdivision. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
5. Developer is responsible for recordation of plat upon approval by the City of
Edgewater.
6. Bonds - A Performance Bond shall be 110% of the costs of all requirement
improvements. A Maintenance Bond equal to 10% of the cost of the infrastructure
improvements shall be provided to the City prior to recording of the Final Plat. The
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(Agreement/Zoning - Pinehurst Subdivision)
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Maintenance Bond shall be in effect for a two (2) year period.
Sidewalks shall be constructed on both sides of the streets/roadways and have a
minimum width of five feet (5') and shall be constructed prior to issuance of a
Certificate of Occupancy on each building lot. Developer shall provide a bond or
surety in a form acceptable to the City in the amount of$10.00 per lineal foot for
two (2) years. If sidewalks are not completed within two (2) years, the developer
will install the remaining sidewalks. Or, upon review and approval and at the City's
sole discretion, City may allow the developer to extend the sidewalk bond for an
additional two (2) year term.
Streetlights shall be maintained by the Homeowners Association and be installed by
the Developer at time of infrastructure or prior to the issuance of the first home's
certificate of occupancy.
6. CONSISTENCY OF DEVELOPMENT
7.
8.
The City agrees to issue the required permits for the development in the manner defined in
the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive
Plan and Land Development Code.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edgewater, by warranty deed and title insurance
free and clear of all liens and encumbrances, all roadway right-of-ways and utility easements as
required.
8. PERMITS REOUIRED
The Developer will obtain the required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health and Rehabilitative Services, St. Johns River Water
Management District, Army Corps of Engineers, and Florida Fish and Wildlife
Conservation Commission.
2. City of Edgewater - Annexation, Rezoning, Subdivision Plat approval, Subdivision
Construction Plan approval, all applicable clearing, removal, construction and
building permits.
(Agreement/Zoning - Pinehurst Subdivision)
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3. This site may require a V olusia County Environmental Permit.
4. 100 year flood elevation for this site is feet minimum finished floor elevation
shall be feet.
DEVELOPMENT REOUIREMENTS
9.
Failure of this Agreement to address a particular permit, condition, term or restriction shall
not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment, or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived, or as expressly provided or in this
Agreement.
Developer shall establish a mandatory Homeowner's Association (HOA) for the purpose of
maintaining the property and enforcing applicable covenants and restrictions. The mandatory HOA
will also be responsible for the streetlight requirements that result from the project including
payment to Florida Power and Light for installation, maintenance and power consumption and the
maintenance of the stormwater areas within the Pinehurst Subdivision, common area tracts as
o depicted on the plat, and private streets within the gated community. The HOA documents,
including applicable articles of incorporation; covenants and restrictions; and by-laws shall be
reviewed and approved by the City prior to final plat approval.
10. HEALTH SAFETY AND WELFARE REOUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other requirements
determined to be necessary by the City for the public health, safety, or welfare of its citizens.
11. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement,
the Developer shall file a written appeal to the City Manager. After receiving the written appeal,
the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot
resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City
Council is the final authority concerning this Agreement.
12. PERFORMANCE GUARANTEES
During the term ofthis Agreement regardless ofthe ownership of the Property, the Property
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(Agreement/Zoning - Pinehurst Subdivision)
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shall be developed in compliance with the terms of this Agreement and applicable regulations of the
City not inconsistent with, or contrary to, this Agreement.
13. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in interest
to the land subject to this Agreement or any portion thereof and shall run with the land and shall be
administered in a manner consistent with the laws of the State of Florida.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good faith
compliance with the terms ofthis Agreement. Ifthe City finds on the basis on competent substantial
evidence that there has been a failure to comply with the terms of this Agreement, the Agreement
may be revoked or modified by the City.
16. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties only
in writing by formal amendment.
19. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each shall
(Agreement/Zoning - Pinehurst Subdivision)
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execute and deliver to the other party such further documents and instruments, in form and substance
o reasonably necessary to confirm and/or effectuate the obligations of either party hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance.
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other party
to enforce any provision of this Agreement or because of a breach by the other party of any terms
hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's
fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate
levels, including bankruptcy proceedings, without regard to whether any legal proceedings are
commenced or whether or not such action is prosecuted to judgment.
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
o Captions of the sections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
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(Agreement/Zoning - Pinehurst Subdivision)
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Susan J. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
(Agreement/Zoning - Pinehurst Subdivision)
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Witnessed by:
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
Dupuis & Jacobs, LLC
Pinehurst Subdivision
Michael A. Dupuis
Christopher W. Jacobs
The foregoing instrument was acknowledged before my on this _day of _2003, by
MICHAEL A. DUPUIS & CHRISTOPHER W. JACOBS, who has authority to execute this
document on behalf of DUPUIS & JACOBS, LLC and PINEHURST SUBDIVISION, and who has
produced as identification and who did (did not) take an oath.
(Agreement/Zoning - Pinehurst Subdivision)
Notary Public
Stamp/Seal:
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EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South 630 feet of the West 840 feet, East of U. S. No.1 Highway of the North
52.465 chains (3462.69 feet) of the JANE MURRAY GRANT, in Sections 48 and 49, Township 18
South, Range 34 East, more particularly described as follows:
Commence at a concrete monument being located on the South line of the North 54.465 chains of
the said JANE MURRAY GRANT and the East R/W ofU. S. Highway No.1, a 158 foot R/W as
now monumented; thence N 690 05' 51" E, a distance of 328.56 feet for the POINT OF
BEGINNING; thence N 220 50' 16" W, a distance of21 0.26 feet; thence S 690 05' 04" W, a distance
of128.17 feet; thence N 220 48' 19" W, a distance of210.21 feet; thence N 690 02' 58" E, a distance
of99.82 feet; thence N 220 46' 43" W, a distance of210.53 feet to the Southwest comer of Canal
Drive, a 50 foot right-of-way as now laid out; thence N 680 49' 18" E, along the Southerly right-of-
way of said Canal Drive, a distance of 448.20 feet; thence S 220 50' 24" E, along the Westerly right-
of-way of said Canal Drive and its Southerly prolongation, a distance of 632.62 feet; thence S 690
00' 56" W, a distance of 420.26 feet to the Point of Beginning.
Containing 6.85 acres more or less.
Parcel #8448-00-00-0090.
(Agreement/Zoning - Pinehurst Subdivision)
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EXHIBIT "C"
TREES
I COMMON NAME II BOTANICAL NAME I
Elm Ulmus spp.
Hickory Carya spp.
Loblolly Bay Gordonia lasianthus
Magnolia Magnolia grandiflora
Red Maple Acer rubrum
Other Oak Species Quercus spp.
Red Bay Persea borbonia
Red Cedar Juniperus silicicola
Swamp Bay Persea palustris
Sweet Bay Magnolia virginiana
Sweet Gum Liquidambar styraciflua
Sycamore Platanus occidentalis
Turkey Oak Quercus laevis
o (Agreement/Zoning - Pinehurst Subdivision)
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ORDINANCE NO. 2003-0-30
AN EMERGENCY ORDINANCE OF THE CITY OF
EDGEW A TER, FLORIDA, IMPOSING A TEMPORARY
MORATORIUM ON THE CONSIDERATION AND
PERMITTING OF PRIVATE CLUBS, BILLIARDS, POOLS,
ELECTRONIC GAMES, GAME ROOMS, ARCADES, DANCE
HALLS AND SIMILAR INDOOR ENTERTAINMENT AND
AMUSEMENT FACILITIES PENDING THE
ESTABLISHMENT OF PERMITTING CRITERIA FOR SUCH
ACTIVITIES DURING THE MORATORIUM PERIOD;
PROVIDING FOR THE NON-ACCEPTANCE OF THE
OCCUPATIONAL LICENSE TAX RELATING TO SUCH
ACTIVITIES; PROVIDING THAT EXISTING BUSINESSES
WITH SUCH LICENSES SHALL NOT BE PERMITTED TO
MODIFY THEIR EXISTING BUSINESSES TO INCLUDE,
USE, HAVE OR ACCOMMODATE PUSH-BUTTON SLOT
MACHINES; PROVIDING FOR A PURPOSE AND
LEGISLATIVE FINDINGS, FOR GEOGRAPHIC AREA,
DURATION OF MORATORIUM AND EXTENSION
THEREOF AND PENALTIES; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR NON-CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. It is within the City's constitutional home rule power to provide municipal services
to our citizens, including regulation and licensing of certain businesses. The appropriate regulation,
licensing and permitting of businesses are vital to the public's health, safety, morals and welfare as
deficient or inadequate regulations can lead to public harm.
2. City Council has learned of certain activities within the City limits that are being
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Underlined passages are added.
2003-0-30
1
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proposed or considered to be proposed or considered which activities would harm the City's
()
economic and tourism development activities, that would adversely impact significantly and
adversely affect the public health, safety, morals and welfare.
3. The City deems it necessary to the public's health, safety, morals and welfare to cause
a study to be accomplished relative to the criteria for issuance of permits for private clubs, billiards,
pools, electronic games, game rooms, arcades, dance halls and similar indoor entertainment and
amusement facilities, and to place a temporary moratorium on the issuance of permits and the receipt
of the occupational license tax for such activities until the study is completed and the permitting
criteria is established, or until the expiration of this Ordinance, whichever occurs first.
4. This Ordinance pertains to the regulation of conduct within structures located within
the City of Edgewater in order to protect the public health, safety, morals and welfare and is not a
land use ordinance or a land development regulation.
5. This Ordinance was enacted as an emergency ordinance by at least a two-thirds vote
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of the City council in accordance with the provisions of Section 166.041 (3)(b), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
SECTION 1. PURPOSE AND LEGISLATIVE FINDINGS.
The above recitals are hereby adopted as the legislative purposes of this Ordinance and as
the City Council's legislative findings.
SECTION 2. IMPOSITION OF A TEMPORARY MORATORIUM UPON THE
CONSIDERATION AND PERMITTING OF PRIVATE CLUBS, BILLIARDS,
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2003-0-30
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POOLS, ELECTRONIC GAMES, GAME ROOMS, ARCADES, DANCE
HALLS AND SIMILAR INDOOR ENTERTAINMENT AND AMUSEMENT
FACILITIES.
All activities relating to the acceptance, review and action upon permit applications for private clubs,
billiards, pools, electronic games, game rooms, arcades, dance halls and similar indoor entertainment
and other indoor amusement facilities are temporarily suspended in order for the City ofEdgewater,
through its officials and staff, to have the adequate time and opportunity to conduct a study or studies
and comprehensively analyze the adequacy of application criteria, standards, and other approval
processes and procedures relating to the issuance of said permits within the City of Edgewater.
Accordingly, based upon the foregoing, there is hereby imposed a temporary moratorium on the
receipt of applications for licenses relating to private clubs, billiards, pools, electronic games, game
rooms, arcades, dance halls and similar indoor entertainment and other indoor amusement facilities.
During the time the temporary moratorium is in effect, no applications for permits for such activities
will be accepted by the City and no such new activities shall be permittable within the City. It is
unlawful for any person or entity to engage in the activities that are the subject of this Ordinance
without first obtaining a permit for such activity. During the period of time that the temporary
moratorium is in effect, the City shall not accept payment of the occupational license tax for such
activity.
SECTION 3. GEOGRAPHIC AREA.
The temporary moratorium established in this Ordinance shall be effective in the corporate
and municipal boundaries of the City of Edgewater.
SECTION 4. DURATION OF MORA TORIUM/EXTENSION.
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2003-0-30
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The temporary moratorium set forth in this Ordinance shall take effect immediately upon the
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effective date of this Ordinance and shall terminate six (6) months from the effective date. No
applications subject to the moratorium will be accepted by the City until the moratorium has expired.
City Council may extend the temporary moratorium established herein one (1) time for a
period not to exceed six (6) months upon the finding by City Council set forth in the Ordinance that
the problems giving rise to the need for the temporary moratorium established herein continue to
exist and that reasonable progress is being made in carrying out the specific and prompt plan of
corrective legislative action, but that additional time is reasonably needed to adequately address the
issues facing the City.
SECTION 5. NO MODIFICATION TO EXISTING BUSINESSES.
Notwithstanding any provision of the City Code or Charter, the City Council of the City of
Edgewater hereby prohibits businesses currently permitted from amending their current occupational
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license or modify their businesses to include, use, have, accommodate or increase the push-button
slot machines already in the business.
SECTION 6. PENALTIES.
Any person, firm, corporation or agent who shall violate any provision of this Ordinance or
who fails to comply therewith, or with any of the requirements thereof, shall be fined in an amount
not to exceed five hundred dollars ($500.00) or be imprisoned for a period not to exceed sixty (60)
days. Either or both penalties may be imposed. Each day a violation occurs constitutes a separate
offense.
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2003-0-30
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Nothing herein contained shall prevent the City from taking such other lawful action
including, but not limited to, resort to equitable legal action as it deems necessary to prevent or
remedy any violation of this Ordinance.
SECTION 7. 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.
SECTION 8. SEVERABILITY AND APPLICABILITY.
If any portion of this Ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this Ordinance. If this
Ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
SECTION 9. NON-CODIFICATION.
Provisions of this emergency ordinance shall not be codified in the Code of Ordinances of
the City of Edge water, Florida, but shall be filed with the City Clerk of Edgewater.
SECTION 10.
EFFECTIVE DATE.
This ordinance shall take effect immediately upon passage adoption.
SECTION 11.
ADOPTION.
After Motion by
and Second by
the vote on the first reading/public hearing ofthis emergency ordinance held on November 17, 2003,
Shuck tmough passages are deleted.
Underlined passages are added.
2003-0-30
5
was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 17th day of November, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Str uck tluough passages are deleted.
Underlined passages are added.
2003-0-30
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Donald A. Schmidt
Mayor
6
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of November, 2003 under Agenda Item No.
6
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AGENDA REQUEST
Date: October 20, 2003
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT Nov. 3, 2003 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Appointment of member to Citizens Code Enforcement Board to fill vacancy created by the
resignation of Tony Fowler.
BACKGROUND:
The requested appointment is for a Citizens Code Enforcement Board position that had recently
been vacated by the resignation of Tony Fowler. The Citizens Code Enforcement Board had met
the majority of the applicants at their October 16th meeting. The Citizens Code Enforcement
Board recommends the consideration of Elizabeth Donahue, Dan Grisell, or Jean Kayat to fill the
vacant position.
STAFF RECOMMENDATION:
Staff recommends the City Council fill vacancy of the Citizens Code Enforcement Board.
ACTION REQUESTED
Motion to appoint a citizen to the Citizens Code Enforcement Board to serve the remainder of
the term.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO. N/A
'- "- I '- Cle't'" en. ~
LW~AND
G Rl)/E 5, INC.
POST OFFICE BOX 280
EDGEWATER, FLORIDA 32132
TELEPHONE (904) 428-4425
FAX (904) 428-8181
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September 4, 2003
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The Honorable Donald Schmidt
Mayor, City of Edgewater
POBox 100
Edgewater FL 32132
Mayor Schmidt,
I have served on the Citizens Code Enforcement Board for the better of 8 years, 7 of those as
Chairman. During that time I served the city to the best of my ability, but new challenges lay
ahead. With the lack of cases ever reaching the board and my increasing duties with my own
business and the Gift Fruit Shippers Association, I feel it is time for me to step down. I hereby
tender my resignation effective July 30, 2003.
I thank you for giving me the opportunity to be a part of the growth of our city.
Re. spe.,~~fj1l~ S~bmitted7 /
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It-Anthony Fow~e( /
CITRUS GIFTS PACKED WITH T ehIIu !dueI..oJvi ~
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AGENDA REQUEST
Date: October 28, 2003
PUBLIC
HEARING
ORDINANCE
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
November 3. 2003
CONSENT
ITEM DESCRIPTION:
Edgewater Terrace Inc., requesting final plat approval for property located east of Coco Palm Drive,
south of Pine Avenue and west of US Highway 1, (Parcel ID # 8402-00-00-0100).
PROPOSED USE: 75-lot single-family residential subdivision to be known as Mariners Gate.
AREA: 25.l2::l: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Medium Density Residential
ZONING DISTRICT: RPUD (Residential Planned Unit Development)
VOTING DISTRICT: 3
SURROUNDING AREA
Current Land Use FL UM Desi/[nation Zonine District
North Single Family Low Density Residential and R-2 (Single Family Residential), R-
ResidentialN acant Medium Density Residential 4 (Multi-Family Residential) and
B-3 (Highway Commercial)
East Commercial/vacant Medium Density R-4 (Multi-Family Residential) and
Residential/Commercial B-3 (Highwav Commercial)
South Single Family Medium Density Residential R-4 (Multi-Family Residential)
ResidentiallDuplex
West Single Family Low Density Residential R-2 (Single Family Residential)
Residential
SD-0304 - Mariners Gate final plat 10-03
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Background
Edgewater Terrace Inc., is seeking final plat approval of a subdivision known as Mariners Gate. A mandatory 0
Homeowners Association is required for the maintenance of the property and enforcing applicable covenants
and restrictions. The HOA will also be responsible for the streetlight requirements that result from the project,
including payment to Florida Power and Light for installation, maintenance and power consumption and the
mandatory HOA shall be responsible for maintenance of the stormwater ponds within the Mariners Gate
subdivision.
The proposed use of this property is a 75-lot single-family home subdivision to be known as Mariner's Gate.
Parcels are to be 75' x 115' in size. The PUD Zoning Agreement allows the following setbacks:
Front - 25-feet
Rear - 20-feet
Side -7.5-feet
Side Corner - 18-feet
Council granted preliminary Plat approval on March 17,2003.
Construction Plan approval was granted on September 2,2003.
Land Use Compatibility
The property is adjacent to existing single-family residential/duplex developments, including Pelican Cove
West and Florida Shores, therefore the land use is compatible with the surrounding area.
Adequate Public Facilities
The property will have access via Falcon A venue and Coco Palm Drive. The installation of all necessary
infrastructure (roads, water, sewer, etc.) must be completed for this site prior to recording of the final plat. 0
This development shall meet all concurrency standards as set forth in the City of Edgewater Comprehensive
Plan and Land Development Code.
Natural Environment
The majority of this property has high soil suitability for development. The primary vegetation on-site is
upland hardwoods.
Consistency with Comprehensive Plan:
Pursuant to the policies in the Compressive Plan this request is specifically consistent with Goal 2 of the
Housing Element to provide a variety of housing types and costs.
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION:
Staff recommends final plat approval of Mariners Gate based on the condition that prior to recording of the
final plat, all revisions required by the City Surveyor, City Attorney, City Engineer, and City Staff are
successfully completed, as well as the formal acceptance by the City of a bond/surety device on all
infrastructure.
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SD-0304 - Mariners Gate final plat 10-03
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MOTION
Motion to approve the final plat of Mariners Gate based on the condition that prior to recording of the final
plat, all revisions required by the City Surveyor, City Attorney, City Engineer, and City Staff are successfully
completed, as well as the formal acceptance by the City of a bond/surety device on all infrastructure.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES y:,
NO
AGENDA ITEM NO. ~ . c. .
DATE: 3-\1.03
Respectfully Submitted By:
5D-0304 - Mariners Gate final plat 10-03
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Kenneth R. Hooper
City Manager