05-05-2003 - Workshop/Regular
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"PUBLIC NOTICE"
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The Edgewater City Council will hold a Workshop Session at 6:00 p.m., Monday, May 5,
2003, in the Community Center to discuss utilizing the services of a Special Master for Code
Enforcement and Animal Control hearings and recreational programs.
Voting Order
('.oIJml@nH~
Councilwoman.Rhodes
Councilwomanlichter
Mayor Schmidt
Councilman Brown
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
May 5, 2003
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Regular Meeting of March 17,2003
3. PRESENT A TIONS/PROCLAMA TIONSJPLAQUESfCERTIFICA TES/DONA TIONS
A. Recognition of appointed/reappointed Board/Committee members.
B. Chris Fisher, Commander for local American Legion #285, presenting a
donation check for the Citizen's Crime Watch Association.
C. Mayor Schmidt proclaiming May 18-24, 2003, as "Emergency Medical
Services Week."
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. 2!l4 Reading, Or-<1. No. 2003-0-03, amending the Land Development Code in
its entirety to be consistent with recommendations made by staff, the
Planning and Zoning Board and City Council. (1 ~ Reading, March 17, 2003,
item 6.D.)
B. 2!l4 Reading, Ord. No. 2003-0-07, Mary Hansen, Esquire, agent for Seashore
Marina LLC, is requesting annexation of property located at 4115 south US
1 into the City of Edgewater.
C. 2nd Reading, Ord. No. 2003-0-08, amending the Future Land Use Map from
County Commercial to City Commercial with Conservation Overlay for .372:
acres of property located at 3665 S. Ridgewood Avenue.
D. 1 sl Reading, Ord. No. 2003-0-11, granting a change in zoning classification
from County B-4 (General Commercial) to B-3 (Highway Commercial) for
property located at 3665 S. Ridgewood Avenue.
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City Council Agenda
May 5, 2003
Page -2-
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6. Public Hearings, Ordinances and Resolutions Cont.
E. 2nd Reading, Ord. No. 2003-0-09, amending the Future Land Use Map from
County Commercial to City Commercial with Conservation Overlay for 7. O:t
acres of property located along the west side of US 1 and south of the East
Wind Subdivision.
F. 1 st Reading, Ord. No. 2003-0-12, granting a change in zoning classification
from County B-4 (General Commercial) to B-3 (Highway Commercial) for
property located along the west side of US 1 and south of the East Wind
Subdivision.
G. 2nd Reading, Ord,. No. 2003-0-10, amending the Future Land Use map from
County Urban Low Intensity to City Low Density Residential for property
located at 117 Palm Breeze Drive.
H. 1 st Reading, Ord. No. 2003-0-13, granting a change in zoning classification
from County R.3 (Urban Single Family Residential) to City R-3 (Single
Family Residential) for property located within the Palm Breeze Drive
Subdivision which is on the east side of US 1 south of Pyramid Park.
1. 1 st Reading, Ord. No. 2003-0-14"granting a change in zoning classification
from County R-3 (Urban Single Family Residential) to City R-2 (Single
'Family Residential) and from County-B-4 (General Commercial) to CityB-3
(Highway Commercial) for certain property located within the Rankin Drive
Subdivision).
J. Res. No. 2003-R-04, amending the Schedule of Charges /Fees in Section 17-
31 (Fees) of Article IV (Towing or Impounding of Vehicles) Chapter 17
(Traffic); and approval of Addendum # 1 to the Wrecker Services Agreement
with Edgewater Garage, Inc.
7. BOARD APPOINTMENTS - None at this time.
8. CONSENT AGENDA
Items on the consent agenda are defined as routine in nature that do not warrant detailed
discussion or individual action by the Council; therefore, all items remaining on the consent
agenda shall be approved and adopted by a single motion, second and vote by the City
Council. Items on the consent agenda are not subject to discussion. One of the most basic
rules of a consent agenda is that any member of the City Council may remove any item
from the consent agenda simply by verbal request at the City Council meeting.
Removing an item from the consent agenda does not require a motion, second or a vote; it
would simply be a unilateral request of an individual Council member.
A. Federal Byrne Anti.Drug Abuse Act Grant - staff requesting approval to
accept grant funds in the amount of $27,435.00 to be used for costs
associated with G. R.E. A. T. Youth Affairs program.
9. OTHER BUSINESS
None at this time.
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City Council Agenda
May 5, 2003
Page -3-
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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 orless.
2) All items for inclusion on the May 19, 2003, agenda must be received by the City Manager's
office no later than 4:30 p.m. Monday, May 12,2003.
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.
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.
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'rnclamatfnn
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WHEREAS, emergency medical professionals and volunteers provide
medical care to victims of sudden life-threatening injuries and illnesses, often under
stressful conditions and in high-risk situations, to save lives of others; and
WHEREAS, emergency medical personnel must rapidly assess, manage, and
effectively provide care in nnpredictable situations requiring life and death judgments;
and
WHEREAS, emergency medical personnel area often the first contact many
residents and visitors to Florida have with the health care system, and these personnel
provide education, assessment, prevention, and referral services in addition to their
emergency activities; and
WHEREAS, the residents of and visitors to the State of Florida benefit dally
from the efforts of skilled dispatchers, rust responders, emergency medical technicians,
paramedics, emergency and trauma nurses, educators, emergency and trauma
physicians, and support personnel; and
WHEREAS, it is critical the general public be made aware of, understand
and support, and effectively use its local emergency medical services system; and
WHEREAS, recognition is due to all emergency medical personnel serving
in a variety of roles for their unselfish dedication to Florida's residents and visitors.
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NOW, THEREFORE, I, Donald A. Schmidt, Mayor of the City of Edgewater,
Florida, do hereby proclaim May 18-24, 2003, as
"EMERGENCY MEDICAL SERVICES WEEK"
with a special emphasis on encouraging the people of Florida to observe this week with
appropriate programs, ceremonies and activities.
In Witntss B4trtof 9 have herreunto get my hand and cauged the glleat
geaQ o~ the .t, ~ 8dgewatell to 'be a~~lXed
Done at the Edgewater City Hall in the
County of Volusia STATE OF
FLORIDA this 25th day of April
in the Year of Our Lord
two thousand and three
g-J/aQJdY
Mayor
ty Clerk
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AGENDA REQUEST
Date: April 25. 2003
PUBLIC
HEARING X
RESOLUTION
ORDINANCE Mav 5.2003
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Ordinance No. 2003-0-03
Amending the Land Development Code in its
entirety to be consistent with recommendations
made by StatT, the Planning and Zoning Board and
Council.
BACKGROUND:
The Planning and Zoning Board reviewed the proposed Land Development Code at their
November 13,2002 regular meeting and recommendations were made to Council. Two
workshops presenting all revisions and recommendations were held prior to the regular Council
meetings of December 16,2002 and March 3,2003. The Land Development Code has been
revised in a strike-thru and underline fashion to include those recommendations.
City Council voted to approve the Land Development Code at first reading on March 17,2003.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance No. 2003-0-03 amending the Land Development
Code.
ACTION REQUESTED:
Motion to approve Ordinance No. 2003-0-03.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
March 17. 2003
AGENDA ITEM NO.
6D
Respectfully Submitted By:
~-'\ 'Y-~.~~iI
Robin Matusick Kenneth R. Hooper \~
Paralegal City Manager
Land Development Code
ORDINANCE NO. 2003-0-03
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; AMENDING CHAPTER 21, (LAND
DEVELOPMENT CODE) IN IT'S ENTIRETY; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
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WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, Chapter 163.3202, Florida Statutes requires adoption of a unified Land
Development Code which contains all regulations related to the development ofland in the City; and
WHEREAS, on July 10, 2000, City Council adopted Chapter 21, known as the Land
Development Code; and
WHEREAS, upon enactment, it was determined by City Council and Staff that any
scrivener's errors would be corrected by amending specific Articles contained in the Land
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Development Code; and
WHEREAS, certain Articles have been corrected for scrivener's errors and Staff
recommends that Chapter 21 (Land Development Code) should be amended at this time to correct
outstanding minor scrivener's errors and to modify other outstanding issues in an effort to provide
consistency between the Land Development Code and the Comprehensive Plan.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water,
Florida:
Stltl~k through passages are deleted.
Underlined passages are added.
2003-0-03
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PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA.
Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby
amended in it's entirety as set forth in Exhibit "A" which is attached hereto and
incorporated herein.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
StI tick till <mgh passages are deleted.
Underlined passages are added.
2003-0-03
2
PART E.
EFFECTIVE DATE.
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This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on March 17,2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by
and Second by
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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
StI tlck thlOtlgh passages are deleted.
Underlined passages are added.
2003-0-03
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PASSED AND DULY ADOPTED this 5th day of May, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
F or 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
StI tick till otlgh passages are deleted.
Underlined passages are added.
2003-0-03
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5th day of
May, 2003 under Agenda Item No.
4
1.
2.
3.
Current photograph of the vehicle;
Description of restoration plane s) including a schedule;
Vehicle identification number.
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c. A vehicle restoration permit authorized the following:
1. Restoration may be performed in an open area. When stored the vehicle shall be
stored in an area not visible to the public or neighboring propertied.
2. A vehicle being restored shall be stored in an area hidden from view by opaque
fencing, stockade. chain link fencing with slating. or masonry wall. sCIccning,
custom car cover, or stored inside a garage.
d. The term of the permit shall be one (1) year. Additional renewals will be available
provided that restoration progress is consistent with the vehicle restoration application.
e. Vehicles being restored shall be owned by the occupant of the property.
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Donor vehicles stored on property to supply parts for the permitted restoration vehicle
shall comply with all of the above.
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21-34.06 - Watercraft, Watercraft Trailers, Motor Homes, Trailers, Recreational Vehicles
Trailers and Campers
The purpose of this Section is to establish criteria for the parking and storage of watercraft,
watercraft trailers, motor homes, trailers, recreational vehicle trailers and campers on property
designated for residential areas.
a. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall have a current and valid
license tag, except any boat or trailer out of view of the general public or neighboring
properties shall not be required to have a valid license tag.
b. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall be maintained in an
operable condition. Repairs shall not exceed three (3) months.
c. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers may be parked or stored in a driveway, immediately parallel to the driveway,
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alongside the house or in the backyard subject to the following condition:
1. No watercraft, watercraft trailers, motor homes, trailers, recreational vehicle
trailers and campers or any part thereof may rest on or occupy airspace past the
property line.
2. Watercraft must be stored on operable trailers.
d. Boat motors of watercraft parked or stored on property designated for residential use
shall not be operated before 7 a.m. or after 10 p.m.
e. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall not be used as a dwelling,
nor shall waste materials be permitted to discharge.
f. Watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers stored on property designated for residential use shall meet reasonable standards
of appearance and maintenance as follows:
1.
The ground beneath the watercraft, watercraft trailers, motor homes, trailers,
recreational vehicle trailers and campers shall be kept free of debris, including
weeds and grass in excess of twelve inches (12").
2. Watercraft trailers, motor homes, trailers, recreational vehicle trailers and
campers tires shall be inflated to tire specifications.
3. The watercraft, watercraft trailer, motor home, trailer, recreational vehicle trailer
and camper shall be kept clean and not be allowed to become a nuisance that can
be detected beyond the owner's property line.
4. Only routine repairs and maintenance may be performed on watercraft, watercraft
trailers, motor homes, trailers, recreational vehicle trailers and campers parked in
front yards.
g. The owner of the watercraft, watercraft trailers, motor homes, trailers, recreational
vehicle trailers and campers must reside on the premises where the item is parked or
stored. Additional property owned by the resident adjacent to the residence is considered
to be a part of the premises for this purpose. The vehicles shall not be used for
residential purposes, except during an emergency or natural disaster.
h. Visitors may reside in their motor homes on property designated for residential use for a
Rev. 2/03 (policiesProcedures/LandDevelopmentCode) III -17
maximum ofa two (2) week period with a permit. Waste material shall not be permitted 0
to discharge. A visitor residing in a motor home can be permitted no more than twice in
a six-month period. These permits shall be issued by the City Clerk's office and
prominently displayed so as to be visible from the street.
1. A limit of one (1) vehicle (watercraft, watercraft trailer, motor home, trailer, recreational
vehicle trailer or camper) per 4,000 sq. ft. oflot area shall be allowed to be parked in the
front setback and/or side yard. Additional vehicles may be parked in those areas for no
longer than two (2) weeks.
21-34.07 - Salvage Yards
The purpose of this Section is to control the operation of salvage yards and similar uses.
a. Salvage yards shall comply with the conditional use standards for the 1-2 zoning district.
b. The site shall be a minimum of 40,000 square feet and a maximum of200,000 square
feet, and shall conform to the buffer yards requirements described in Article V, Section
21-54.
c.
All sites shall be enclosed by an eight foot (8') high opaque. fence stockade or chain link
fence with slatting or masonry wall. Existing sites with chain link fence shall be
enclosed with slatting. New sites shall require stockade fencing or masonry wall.
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d. Nothing stored shall be visible above the height of the fence or wall.
e. Occupational license shall be required.
f. No storage or parking of items under control of the salvage yard shall be permitted
outside of the fence or wall.
21-34.08 - Refuse and Dumpsters
The purpose of this Section is to control the placement and operation of refuse and dumpsters
and similar such uses.
a. Dumpsters on commercial, industrial and multi-family properties shall be enclosed from
view with a six foot (6') high opaque fence stockade fence. chain link fence with slatting
or masonry wall and gate. Existing sites with chain link fence shall be enclosed with
slatting. New sites shall require stockade fencing or masonry wall.
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b.
No dumpsters, containers or containment areas shall be permitted in any public right-of-
way.
c. Gates shall be kept closed at all times except on designated pick up days.
d. Dumpsters and/or containers can not be delivered, emptied or removed during the hours
often p.m. (10:00 p.m.) to six a.m. (6:00 a.m.) 5G'\1Gll a.m. (7.00 a.m.).
e. Containment areas shall be maintained in a clean and orderly manner so as to not
produce a nuisance at all times.
21-34.09 - Kennels
The purpose of this Section is to minimize conflicts of noise, odor and health hazards created by
kennels. In addition to the regulations as set forth within the district(s) in which the use is
located, the following minimum regulations shall apply:
a.
Commercial kennels are limited to the raising, breeding boarding, and grooming of
domesticated animals. Farm animals such as pigs and chickens or exotic animals such as
snakes are expressly prohibited.
b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a
sanitary facility approved by the City Engineer.
c. No animal having a disease harmful to humans shall be boarded or maintained in the
facility.
d. No building or other structure nor any dog run shall be located within 150 feet (150') of
any residential use.
e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and
7 A.M.
f Kennels are required to receive a commercial kennel license from the V olusia County
Animal Control Department and City of Edgewater Occupational License after receiving
a Certificate of Occupancy from the City.
Rev. 2/03 (PoliciesProceduresILandDevelopmentCode) III-I 9
g.
See Chapter 5 of the Code of Ordinances, City of Edge water, Florida.
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21-34.10 - Solid Waste Receptacles, Residential
a. Containers may be placed in the adjacent street right-of-way the evening before the
scheduled pick up service, and shall be removed no later than 11 :00 PM on the day of
scheduled pick up service.
b. All solid waste shall be placed in containers with lids that deter animals from accessing
the containers.
c. All containers shall be stored on the premises of the owner or tenant, behind the front
dwelling line, until containers are placed at the right-of-way on scheduled pick up days.
d. It shall be the duty of any person owning or controlling a house or other building or
premises to remove any uncontained solid waste on both the subject parcel and the
adjacent right-of-way.
e. Regulations regarding multifamily, commercial and industrial solid waste collection
requirements are found in Section 21-34.08.
f.
Yard waste (pine needles, leaves, etc.) are to be properly contained before placement at
the right-of-way. Tree cuttings and yard waste too large to contain shall be placed at the
right-of-way in piles no larger than 4'x4'x4' (4 feet high, 4 feet deep, 4 feet wide) total.
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g. Tree removal on an nnimpI 0 v ed any lot shall be the responsibility of the owner or
contracting tree removal company. Tree removal on an improved lot shall be the
fGspollsibilit} of the Gontracting tree seniee.
21-34.11- Mini-warehouses
Mini-warehouses may be permitted under the following conditions:
a. Mini-warehouse buildings shall be screened from the public right-of-way by a minimum
of a six foot (6') high opaque fence stockade fence or chain link fence with slatting or
masonry wall with a ten foot (10') high wide landscape buffer planted adjacent to the
street side and on all boundaries facing residential districts. Existing sites with chain link
fence shall be enclosed with slatting. New sites shall require stockade fencing or
masonry wall.
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21-36.01 - Purpose
This section includes those accessory uses and detached structures that are subordinate to the
main use or building and located on the same lot. The term other accessory buildings shall
include, but not be limited to such structures as greenhouses, gazebos, storage buildings, storage
shed, garages, carports and the like.
21-36.02 - General Regulations
a. The principal permitted use must be built or permitted prior to a permit for an accessory
use is issued.
b. All accessory uses, buildings and structures shall be located on the same lot as the
principal or permitted use.
c. No accessory use, building or structure shall exceed the height limit shown in that
district.
Accessory buildings shall not be rented or otherwise used as a dwelling unit.
No accessory structure may be located within a public right-of-way or public easement.
All accessory structures are required to obtain a building permit.
No accessory structure may be located in any front yard in any zoning district.
Accessory buildings shall conform to the setback requirements described in Table V -1.
No accessory building may be located within any required parking area, landscape area
or storm water facility area.
J. Accessory buildings shall be limited to 2 per parcel.
k. Storage sheds of 120 sq. ft. or less may be located five (5') feet from rear and side
property lines.
21-36.03 - Outdoor Storage and Display: Commercial, Industrial
The purpose of this Section is to provide regulations for the location of outdoor storage and
Rev. 2/03 (policiesProcedures/LandDevelopmentCode) 1lI-25
display facilities where such storage is an accessory use and a part of normal operations on the
premIses.
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a. Outdoor storage and display may be permitted in conjunction with the uses allowed in
certain commercial and industrial districts as indicated in Table lli-3. Such outdoor
storage or display shall not be located adjacent to any residential district or use unless
such storage or display is screened from the view of the neighboring residential district or
use.
b. No outdoor storage may be located in any required front yard, parking areas, fire zones,
loading areas, or access lanes.
c. All outdoor storage areas shall be screened from view by a six foot (6') high opaqUG
stockade or chain link fence with slatting fence or masonry wall. However, the wall or
fencing shall not interfere with the flow of traffic entering or leaving the site. Existing
sites with chain link fence shall be enclosed with slatting. New sites shall require
stockade fencing or masonry wall.
d.
Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and
similar materials which are subject to being scattered or blown about the premises by
normal weather conditions shall be contained by an adequate enclosure. No outside
storage area or building shall be located in a public right-of-way, utility, or drainage
easement.
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e. Commercial outdoor display of merchandise may be permitted as an accessory use within
the required front, side, or rear yard areas, providing that such outdoor display shall not
be located adjacent to a local residential street.
f. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten
feet (10') from the front and side comer property line and five feet (5') from the interior
side and rear property line. Landscaping shall be installed in this area on any adjacent
local street.
g. All display merchandise and related display equipment shall be removed at the close of
business each day. No outdoor display areas shall be permitted within required parking
spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles,
or driveway entrances or exits.
h. All unattended machines dispensing a product. with the exception of ice and water
machines. LP gas. newspaper machines (general circulation). shall be located indoors.
Rev. 2/03 (policiesProcedureslLandDevelopmentCode) ill-26
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clear, destroy, or alter any wetland or wetland buffer as defined in Article IT on any lot or portion
thereof without obtaining a wetland alteration permit in accordance with the provisions of this
article. An applicant must obtain the all other required permits from the all appropriate federal,
state 01 connty agencies. VlheIC applicable, federal, state 01 comlt} permits tnaJ eliminate. the. need
to obtain a Ciry VI etlands Altcration PGnnit. A wetland alteration permit must be obtained from the
City and/or Volusia County at the discretion of the City. Wetland Alteration Permits may be issued
concurrent or in conjunction with other land development permits. It is the intent ofthis section that
construction of a single-family dwelling on upland areas which do not alter by removing, filling,
draining, dredging, clearing or destroying any wetland or wetland buffer shall not require a separate
wetland alteration permit pursuant to this section.
21-41.04 - Buffer Requirements
a. A minimum buffer of fifty feet (50') upland from the mean high water line and a minimum
of twenty-five feet (25') upland from the wetland boundary shall be established adjacent to
and surrounding all wetlands. The buffer may coincide with the required setback on a lot
under Article lIT. There shall be no development activities in the buffer, except for direct
access to water bodies.
b.
Maintenance activities which does not have a significant adverse effect on the natural
function of the buffer may be allowed within the buffer. The activities which may be
permitted include but are not limited to pruning, planting of suitable native vegetation,
removal of exotic and nuisance pioneer plant species, and the creation and maintenance of
walking trails. See Section 21-53.07 for shoreline protection standards.
SECTION 21-42 - FLOOD PLAINS
21-42.01 - Comprehensive Plan Reference
The provisions of Section 21-42 - Flood plain areas are consistent with and implement the
Comprehensive Plan contained in the Future Land Use Element, Coastal Element, and Conservation
Element.
21-42.02 - Disclaimer of Liability
The degree of flood protection required by this Section is considered reasonable for regulatory
purposes and is based on accepted engineering standards. This Section does not imply that land
outside the areas of special flood hazard, or uses permitted within such flood hazard areas, will be
free from flooding, or flood damages, and shall not create liability on the part of the City of
Edgewater, or any officer, or employee thereof
21-42.03 - Applicability
Rev.2/03 (policiesProceduresILandDevelopmentCode) IV-2
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TABLE V-I FOOTNOTES
50 feet upland from mean high water line along the Indian River and its tributaries
Setbacks for single family homes in multifamily zoning districts shall be the same as the R-2
District
50 feet when adjacent to residential zoning/use
25 feet upland from wetlands vegetation along the Indian River and its tributaries
2 story dwellings shall increase side setback additional 5 feet on river, lakes, golf course &
common open space.
From cartway
Zero setback abutting RR
Modular homes permitted in these districts only.
Abandoned/non-developed streets in Florida Shores only require fl ten (10) feet side comer
setback.
(10) 3 or more units shall comply with density and other requirements for site plan approval.
(11) Side comer lots shall have two (2) side yard setbacks, no rear
(12) Side comer setbacks shall be the same as front yard
(13) Minimum lot square footage shall be calculated based on the btlild,wle minimum lot width.
minimum lot depth. and/or uplands area.
(14) All properties located on SR 442 shall have a forty foot (40') setback from the newright-of-
way lines.
(15) Single family or duplex uses in the R-4 and R-5 district shall have a minimum lot size of75
feet by 115 feet.
(16) Any parcel with frontage on S.R. 442 (Indian River Boulevard) west of the Florida Shores
Subdivision must be rezoned to a p.nD. (Planned Unit Development) prior to any
development.
(17) Commercial gasoline pump island canopies setbacks shall be at least 20-feet from the front
property line and five (5)-feet from the side property line.
Rev. 2/03 (policiesProcedures/LandDevelopmentCode) V-3
21-55.06 - Specimen Trees
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Specimen trees shall not be removed without a Tree Removal Permit or as part of an approved
development plan. Pursuant to Section 50-71, V olusia County Code of Ordinances as amended and
the Stipulated Comprehensive Plan Agreement, the following trees are designated as Specimen
Trees.
Common Name
Elm
Hicko
Loblo11 Ba
Ma olia
Maple Red Maple
Other Oak S
Red Ba
Red Cedar
Swam Ba
Sweet Ba
Sweet Gum
S camore
Turke Oak
21-55.07 - Protection Standards
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a. All development projects shall provide a plan to protect historic and/or specimen trees after
construction has occurred on a site. Such plan may include, but not be limited to,
conservation easements, common open space, tree protection easements, deed restrictions
and homeowner association documents. Pursuant to the Stipulated Agreement, the
minimum protection requirements for historic and specimen trees are as follows:
Number of Trees Minimum Tree Protection
less than 2.9 per acre 80 percent
3.0 to 5.0 per acre 65 percent
5.1 to 8.0 per acre 50 percent
8 0 Dlus ner acre 4 ner acre
b. All proposed development projects shall be required to include a tree survey by either a
licensed Surveyor, or Arborist, locating all Specimen Trees.
c. All trees to be preserved shall be identified on site by harmlessly marking or banding.
Rev. 2/03 (policiesProcedureslLandDevelopmentCode) V -28
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structure, then the nonconforming use of the structure may not be restored, with the
following exception:
a. Any existing single-family residential use considered non-conforming and
permitted prior to the adoption of this Code may be permitted to restore
damaged or destroyed buildings. not to exceed the existing footprint (prior
to the damage or destruction). unless approval of a variance is granted by
City Council to expand the footprint ofthe structure. City Council may also
consider requests to waive the application fee.
21-71.02 - Non-Conforming Structures
a. Authority to Continue. Nonconforming structures may continue in accordance with the
provision of this Section.
b. Ordinary Repair and Maintenance. Normal maintenance and repair of nonconforming
structures may be performed.
c. Expansions. Any expansion of a nonconforming structure shall be in conformance with the
provisions of this Article. This shall not prevent expansion as long as the nonconformity is
not increased. A nonconforming structure may be altered or enlarged into a required setback
which already contains an encroachment as long as the existing setback is not reduced
further.
d.
Relocation. A nonconforming structure that is moved shall thereafter conform to the
requirements of this Code.
e. Termination Upon Damage or Destruction. Any part of a nonconforming structure that
is damaged or destroyed to the extent of fifty percent (50%) or more of the assessed value
of said structure shall not be restored unless that part conforms to the provisions of this
Code, with the following exception:
.L Any existing single-family residential structure considered non-conforming and
permitted prior to the adoption of this Code may be permitted to restore damaged
or destroyed buildings. not to exceed the existing footprint (prior to the damage or
destruction). unless approval of a variance is granted by City Council to expand the
footprint of the structure. City Council may also consider requests to waive the
application fee.
21-71.03 - Non-Conforming Lots of Record
Legally Nonconforming Lots of Record. Any lot created prior to June 17, 1974, shall be
considered legally nonconforming if the lot has a width of at least forty (40) feet and an area of at
least three thousand six hundred (3,600) square feet. Any lot created between June 17, 1974, and
Rev. 2/03 (policiesProceduresILandDevelopmentCode) VII - 2
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AGENDA REQUEST
Date: April 24. 2003
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE May 5. 2002
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Ordinance No. 2003-0-07
Mary D. Hansen, Esquire, agent for Seashore Marina
LLC, contract purchaser, and is requesting annexation of
certain real property located 4115 South U.S. Highway I
into the City of Edgewater.
PROPOSED USE: Marina and related facilities to be known as Seashore Marina
LOCATION: East of US Highway 1 and south of the Hacienda Del Rio, and north of Boston Whaler (Pill #
8538-01-00-0100)
AREA: 60:l:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia County -Industrial
ZONING DISTRICT: Volusia County 1-3W (Waterfront Industrial)
VOTING DISTRICT; 4
SURROUNDING AREA
Current Land Use FLUM Desil!nation Zoninl! District
North Hacienda Del Rio V olusia County - Urban V olusia County MH-I W
Medimn Intensity (Mobile Home Park)
East Indian River Indian River Indian River
South Boston Whaler V olusia County - Industrial Volusia County 1-3W
(Waterfront Industrial)
West Vacant V olusia County -Industrial Volusia County I-I (Light
Industrial) & 1-4 (Industrial
Park)
AN-020 I-Seashore Marine
Background: The current owner of this property is Volusia County. The applicant's client is currently in 0
negotiations with V olusia County to purchase this site and the applicant has requested a public hearing by the .
Planning and Zoning Board prior to the closure of the sale of this property.
The property is the former site of Pre-Stress Concrete and is contiguous to the recent annexation of the
Hacienda Del Rio highway frontage parcel. Attached is the conceptual plan and Annexation Agreement
for the marina and related facilities.
The Planning and Zoning Board voted to send a favorable recommendation to City Council for the annexation
at the regular meeting of March 12,2003.
City Council voted to approve the annexation at first reading on April 14, 2003.
Land Use Compatibility: The proposed use will provide a suitable transition and buffer between the
residential and industrial uses.
Adequate Public Facilities: This site is within the City retail water and sewer service area and has access to
US Highway 1. A preliminary concurrency assessment shows no adverse effects on the City's Level of
Service standards. A detailed concurrency analysis shall precede construction approval.
Natural Environment: Prior to any development, a detailed environmental assessment must be provided.
The developer must also obtain all required State, County, and City permits prior to any construction.
Other Matters: A Comprehensive Plan Land Use Amendment and Rezoning will occur at a later date.
STAFF RECOMMENDATION: 0
Staff recommends approval of Ordinance No. 2003-0-07 for the annexation and the associated
Annexation Agreement for 60:1: acres of property located at 4115 S. US Highway 1, south of the Hacienda
Del Rio Mobile Home Park and north of Boston Whaler.
ACTION REQUESTED:
Motion to approve Ordinance No. 2003-0-07 for the annexation and the associated Annexation
Agreement for 60:1: acres of property located at 4115 S. US Highway 1, south of the Hacienda Del Rio
Mobile Home Park and north of Boston Whaler.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: ADril 14. 2003
AGENDA ITEM NO. 6E
Respectfully Submitted By:
~'-tJ~lCJ) \(~~\-\06:)'~t"
Robin Matusick "--- Kenneth R. Hooper \ \
Paralegal City Manager
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AN-020 I-Seashore Marine
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ORDINANCE NO. 2003-0-07
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 4115 SOUTH U. S. HIGHWAY #1 (PARCEL
IDENTIFICATION #8538-01-00-0100), VOLUSIA COUNTY,
INTO THE CITY OF EDGEW A TER, FLORIDA; SUBJECT
TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY AND TERMS OF
THE ANNEXATION AGREEMENT; AMENDING THE
DESCRIPTION OF CITY OF EDGEW ATER CORPORATE
LIMITS; PROVIDING FOR FILING WITH THE CLERK OF
THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOL USIA
COUNTY PROPERTY APPRAISER AND THE
DEP ARTMENT 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.
Mary D. Hansen, Esquire is the agent of record for Seashore Marina, LLC who is the
contract purchaser for property owned by the County of V olusia. Subject property is located at 4115
South U. S. Highway #1, in Volusia County, Florida and contains approximately 60 acres more or
less.
2. The contract purchaser has voluntarily petitioned the City of Edgewater 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
Stt tick tln ough passages are deleted.
Underlined passages are added.
2003-0-07
1
to include the property described herein.
5. During a meeting on March 12,2003, the Planning and Zoning Board reviewed the
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petition and recommended by a vote of 7 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 Annexation 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
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described above 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 ofthis 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.
Struck thtotlgh passages are deleted.
Underlined passages are added.
2003-0-07
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PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
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 date of closing and recorded documents reflecting that
County of V olusia deeds title to Seashore Marina, LLC.
PART E.
ADOPTION.
After Motion by Councilman Hammond and Second by Councilman Brown, the vote on the
first reading/public hearing of this ordinance held on April 14, 2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
-2L
Councilman Myron F. Hammond
-2L
Councilwoman Harriet E. Rhodes
ABSENT
Councilwoman Judy Lichter
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ABSENT'
St1 uck tmough passages are deleted.
Underlined passages are added.
2003-0-07
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on May 5, 2003, 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 5th day of May, 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 tlc.k tin ongh passages are deleted.
Underlined passages are added.
2003-0-07
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 5th day of
May, 2003 under Agenda Item No.
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EXHIBIT" A"
LEGAL DESCRIPTION
That part of the south 924 feet as measured on the East right of way line ofU. S. Highway No.1,
Highway of Lots 1,4 and 22, Assessor's Subdivision of the C. E. McHardy Grant as recorded in Map
Book 3, Page 152, Public Records of Volusia County, Florida, lying north of Riverfront Estates
Subdivision as recorded in Map Book 19, page 18, Public Records of V olusia County, Florida, and
that part of Sections 13 and 24, Township 18 South, Range 34 East, lying EastofU. S. Highway No.
1 , and between the Westerly projection of the North and South lines of the above-described property.
Contains approximately 60 i: acres.
Parcel #8538-01-00-0100.
Subject to that certain Utility Easement in favor of V olusia County recorded June 3, 1992 in Official
Records Book 3749, Page 4119, Public Records of Vol usia County, Florida.
St1 tIck tIn 0 ugh passages are deleted.
Underlined passages are added.
2003-0-07
5
DRAFT
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o ANNEXATION AGREEMENT
oTmS AGREEMENT is made and entered into by and between, the CITY OF
EDGEW A TER, FLORIDA, a municipal corporation, located at 104 North Riverside
Drive, Edgewater, Florida, 32132, (hereinafter referred to as "City") and SEASHORE
MARINA, LLC, a Florida limited liability corporation in good standing, Thomas Krug,
President (hereinafter referred to as "Seashore").
WHREAS, the County of Vol usia, Florida is the record owner of the property
that is the subject of this Agreement, and authorizes the annexation petition filed by the
,?ontiact purchaser of the property subject to the tenns of this. Agreement; and
WHEREAS, Seashore is the contract purchaser of the property that "is the subject
of this Agreement; and
o WHEREAS, to have the right to develop under City regulations and to connect
and use City utilities, Seashore has caused.a Petition for Voluntary Annexation to be filed
fo,r the property described in Exhibit "A"; and
WHEREAS, the City is desirous of annexing said property, and has satisfied
itself that the conditions for anne~tion and the economics thereof are satisfactory.
.NOW, THEREFORE, based on the foregoing~ the parties agree as follows:
1. DESCRIPTION
The property which is the subject ofthis Agreement consists of approximately
60 acres located at 4115 South U.S. 1. The property is more specifically described in the
legal description, which is attached hereto and incorporated by reference as Exhibit "A".
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2. PERMITTED USES
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City acknowledges the proximity of the annexed area to be the Intracoastal
Waterway: The City also acknowledges that the most conceptually suitable use of the
. property is for a commercial marina and associated uses including, but not limited to,
boat sales and showroom; ship's store; boatel; restaurant; boat ramp; and
pool/playground area.
The property will be zoned as BPUD, to include a zoning agreement and
preliminary plan which will be applicable to further development of the property until
such time as the City administratively amends its comprehensive plan and future land use
map. Such amendment shallbeaecomplished within two (2) years of the effective date
of this annexation. After annexation, any new development within the annexed area shall
. . be developed incompliance with all applicable City. ordinances, resolutions, and .
regulations effective at that time, unless o1:h,erwise provided herein or unless the BPUD is
amended.
3. UTILITIES
Seashore agrees to connect to and utilize the City' swater and wastewater
. . . .
distribution systems prior to City's issuance of a certificate of occupancy (CO) for the
marina development. Seashore agre~s to pay normal connection and impact fees
associated with these systems. Seashore agrees to provide all required collection,
distribution and transmission systems and tequiTed utility easements for services.
The. City warrants that it has sufficient water and sewer capacity to serve
Seashore's development in accord with E~bit"B", and that it will reserve such capacity
upon payment of a capacity reservation fee.
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4. ROADS
Seashore shall provide a traffic analysis and shall install acceleration,deceleration, and
turn lanes as required by the City Engineer or the Florida Department of TranSportation
(FDOT).
5. PERFORMANCE GUARANTEES
Should any part of the annexed area be sold to'an individual or corporation not
already a party to this Agreement,. the successor purchaser of the property shall be bound
by the terms of this Agreement and applicable regulations to the City, where not
inconsistent with, or contrary to, this Agreement. Accordingly, the City shall record the
Agreement with the Clerk of Circuit Court ofVolilsia County at Seashore's expense. In .
the event Seashore fails to close on the property within sixty (60) days of the date of the
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second reading of the ~exation ordinance, the ordinance and this annexation agreement
shall be void and of no effect..
6. CONSISTENCY OF DEVELOPMENT
. The CitY agrees to permit the development of the annexed area in the manner
defined by this Annexation Agreement, the attached exhibits, and applicable City
ordinances consistent With, and not contrary to, the terms of this Annexation Agreement,
. . and subject to the terms of any development agreement between Seashore and City. In
. the case of conflict or inconsistency, this agreement and the BPUD agreement shall
. control.
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7. AMENDMENT
This Agreement may only be amended in writing, upon mutual consent of the.
parties.
8. STATUTORY CONFLICT AND FAll.-URE TO ADDRESS
PARTICULAR MATTERS
To the extent there is a conflict between this Agreement and any existing City
. resolution, regulation or ordinance, this Agreement shall control. However, all other
'applicable City ordinances in effect at the tittle of execution of this Agreement continue
to apply. Further, .the failure of this Agreement to address a. particular permit, condition,
term or restriction shall not .excuse the necessity of complying with the law governing
said permitting requirements, conditions, tern.is or restrictions.
9. APPEAL..
If Seashore is aggrieved by any decision of any City department head interpreting
the tertils of this Agreement, it,shall first file a written appeal with the City Manager. If
. Seash<?i'e or the County is aggrieved by a decision of the City Manager, an appeal shall be
made to the City Council. The appeal shall be initiated by the filing of a written request
, .
With the City Manager for placement of the issue on the City Council agenda After
. receiving the request, the City Manager shall place the matter on the next available City
Council agenda. .
10. BINDING EFFECT .
All of the terms and provisions of this Agreement, shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective legal representatives
. .
and their successors in title and interest. The provisions of this. Agreement and all
4
approve~ p!ans shall run with the land, and shall be administered in a manner consistent .
with the laws of the State of Florida.
. .
11. GOVERNING LAW
. ThisAgreement shall be governed by the laws of the State of Florida.
12. EFFECTIVE DATE
The annexation and this annexation agreement shall be effective as of the date.
that V olusia County closes with Seashore on the property.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made
and entered into the date and year last written below.
ATTEST:
CITY COUNCll.. OF THE
CITY OF EDGEWATER, FLORIDA
)
By:
Donald A. Schmidt
. Mayor
Susan J. Wadsworth
City Clerk
. Dated:
. APPROVED FOR FORM AND
CORRECTIVENESS:
Robin M. Matusek
Legal Assistant
Witnessed by:
. OWNER: .
. Thomas Krug,President
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STATE OF FLORIDA
COUNTY OF VOLUSIA
Dated:
The foregoing instrument was acknowledged before me this _ day of
.. 2002, by Thomas Krug, President of Seashore Marina LLC, who is
personally known to me and who did not take an oath.
Notary Public
Printed Name of Notary
Commission No.
Expires:
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Krug Marina Legal Description
EXHIBIT A
LEGAL DESCRIPTION (Tax Parcel Number 8538-01-00-0100):-
That part of the South924 feet as measured on the East right of way line of U.S. No.1
Highway of Lots 1,4 and 22, Assessor's Subdivision of the C.E. McHardy Grant, as-
reco~ded in Map Book 3, Page 152, Public Records of Vol usia County, Florida, lying
north of Riverfront Estates Subdivision as_ recorded in Map Book 19, Page 18, Public
- Records of V olusia County, Florida, and that part of Sections 13 and 24, Township 18
South, Range 34 East, lying East of U.S. No. 1 Highway and between the Westerly _
projection of the North and South lines of the above-descnbed property. -
Subject to that certain Utility Easement in favor of Vol usia County recorded June 3, 1992
in Official Records Book 3749, - Page 4119-, Public Records of Vol usia Courity,:Florida.
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PUBLIC
HEARING
x
BOARD
APPOINTMENT
ITEM DESCRIPTION
Ordinance No. 2003-0-08
AGENDA REQUEST
Date: April 22. 2003
RESOLUTION
~.c.
ORDINANCE Mav 5. 2003
OTHER
BUSINESS
CONSENT
An Ordinance of the City of Edgewater amending the
Comprehensive Plan OrdinFJDce No, 90-0-18, as amended,
by amending the Official Future" Land Use Map from
County Commercial to CifJ Commercial with
Conservation Overlay for property located at 3665 South
Ridgewood Avenue. .
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
BACKGROUND
This parcel was annexed into the City of Edgewater in February 2002. For consistency with the,City of.
Edgewater Comprehensive Plan, the City is submitting an application requesting "a Comprehensive Plan
Amendment for property owned by Willie Wood but transferred to Kimberly A. Rash and Lisa Miller on
March 13, 2003 by warranty deed.
PREVIOUS AGENDA ITEM:
DATE:
Avril 2 L 2003
City Council approved the Ordinance at fIrst reading. on Appl21, 2003. Once adopted this small scale
amendment will be transmitted to the Florida Depa.1ment of Community Affairs and other appropriate
regulatory agencies, as well as all municipalities in V olusia County.
STAFF RECOMMENDATION
Staff recommends adoption of Ordinance No. 2003-0-08 amending the Future Land Use Map from County
Commercial to City Commercial with Conservation Overlay for .37;r acres of property located at 3665
South Ridgewood Avenue.
ACTION REQUESTED
Motion to approve Ordinance No. 2003-0-08 amending the Future Land Use Map from County
Commercial to City Commercial with Conservation Overlay for .37:i: acres of property located at 3665 South
Ridgewood Avenue.
Respectfully Submitted By:
CPA.{)212 - Wood
YES X
NO
AGENDA ITEM NO.
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Paralegal
6A
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Kenneth R. Hooper
City Manager
CITY OF EDGEW A TER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
CASE # CPA-0212
OWNER: Kimberly A. Rash and Lisa Miller
APPLICANT: Kimberly A. Rash and Lisa Miller
REQUESTED ACTION: Amend the Comprehensive Plan Future Land Use Map to include
property as Commercial (Currently Volusia County Commercial).
LOCATION: 3665 S. Ridgewood Avenue
PROPOSED USE: Commercial with Conservation Overlay
AREA: .37::1: acres
CURRENT LAND USE: Vacant
FUTURE LAND USE MAP DE SIGNA TION: V olusia County Commercial
VOTING DISTRICT: 4
PARCEL NUMBER(S): 8413-03-00-0070
SURROUNDING AREA
Current Land Use FLUM Designation Zoning District
North Vacant V olusia County Commercial Volusia County B-4 (General
Commercial)
East Vacant V olusia County Commercial V olusia County B-4 (General
Commercial)
South Vacant Volusia County Commercial Volusia County B-4 (General
Commercial)
West Vacant V olusia County Commercial V olusia County B-4 (General
Commercial)
CPA-0212- willie wood
Page 1 of2
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BACKGROUND
This property is vacant and is located on the east side of U.S. 1, east of the proposed Edgewater
Lakes Subdivision. City Council voted to adopt Ordinance No. 2002-0-01 at second reading on
February 11,2002 to annex said property.
Land Use Compatibility: The county land use designation for this area is commercial, although
there are no immediate plans for development. The existing and proposed land use is compatible
with the mix of uses in the surrounding area.
Adequate Public Facilities: This site is within the City retail water and sewer service area and has
access to US Highway 1.
Natural Environment: The vegetation consists of the xeric/scrub forest variety with saw palmetto.
The soils have a medium potential for community development.
Consistency with Comprehensive Plan: A Future Land Use designation of Commercial is
compatible with the Comprehensive Plan.
CPA-0212- willie wood
Page 2 of2
.
,
ORDINANCE NO. 2003-0-08
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AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18 AS AMENDED, BY AMENDING THE OFFICIAL
FUTURE LAND USE MAP FROM COUNTY COMMERCIAL
TO CITY COMMERCIAL WITH CONSERVATION OVERLY
FOR PROPERTY LOCATED AT 3665 SOUTH RIDGEWOOD
AVENUE, 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. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
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submitted an application requesting a Comprehensive Plan Amendment for property was owned
previously_ by Willie Wood but transferred to Kimberly A. Rash and Lisa Miller on March 13, 2003
by Warranty Deed. The subject property is located at 3665 South Ridgewood Avenue, Edgewater,
Florida and contains approximately .37:J:. acres. The requested Amendment would change the Future
Land Use Map designation from County Commercial to City Commercial with Conservation
Overlay for the property described herein.
2. In a letter dated February 20, 2003, the Planning Department notified the owners by
mail of the property of the pending Amendment for their property.
3. On March 12, 2003, the Planning and Zoning Board, sitting as the City's Local
2003-0-08
StI tl.:k tin ol1gh passages are deleted.
Underlined passages are added.
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Planning Agency considered the change in th~ Future Land Use Map designation and by a vote of
7 to 0, recommended that the City Council approve the request.
4. On April 21, 2003, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
5. Pursuant to Section 163.3187(1)(c)~ Florida Statutes, on May 5, 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, April 23, 2003.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW ATER, 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
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 Commercial 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).
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.
2003-0-08
Stltlck throngh passages are deleted.
Underlined passages are added.
2
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.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2003-0-08
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PART H. ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
first reading of this ordinance held on April 21, 2003 is as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Myron F. Hammond
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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
2003-0-08
Shtick tl'l1ongh passages are deleted.
Underlined passages are added.
4
PASSED AND DULY ADOPTED this
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
2003-0-08
Gt! tIck tin ongh passages are deleted.
Underlined passages are added.
day of May, 2003.
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
day of May, 2003 under Agenda Item No.
5
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EXHIBIT" A"
LEGAL DESCRIPTION
Lots 7 and 8, Re-Subdivision of Waterway Park Section 1, according to the Plat thereof as recorded
in Map Book 19, Page 269, ofthe Public Records of Vol usia County, Florida. (Parcel #8413-03-00-
0070)
Containing .37! acres more or less.
2003-0-08
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AGENDA REQUEST
Date: April 21. 2003
PUBLIC
HEARING X
RESOLUTION
ORDINANCE Mav 5. 2003
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Ordinance No. 2003-0-11
An Ordinance granting a change in zoning classification from
County B-4 (General Commercial) to B-3 (Highway
Commercial) for property located at 3665 South Ridgewood
Avenue.
LOCATION: 3665 S. Ridgewood Avenue
PROPOSED USE: Commercial
AREA: .37::f:: acres
CURRENT LAND USE: Vacant
FUTURE LAND USE MAP DESIGNATION: V olusia County Commercial (currently in the
Future Land Use Map amendment process to amend to City Commercial with Conservation
Overlay).
VOTING DISTRICT: 4
PARCEL NUMBER(S): 8413-03-00-0070
SURROUNDING AREA
Current Land Use FLUM Designation ZoninJ! District
North Vacant V olusia County Commercial Volusia County B-4 (General
Commercial)
East Vacant V olusia County Commercial Volusia County B-4 (General
Commercial)
South Vacant Volusia County Commercial Volusia County B-4 (General
Commercial)
West Vacant V olusia County Commercial V olusia County B-4 (General
Commercial)
RZ-0210 Wood
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BACKGROUND U
This property is vacant and is located on the east side of U.S. 1, east of the proposed Edgewater
Lakes Subdivision. The Future Land Use Map amendment has gone before the Planning and Zoning
Board and City Council and will be transmitted to the Department of Community Affairs for review
and approval. The proposed zoning amendment is compatible with the adopted Future Land Use
designation of Commercial.
Land Use Compatibility: The proposed zoning is compatible with the surrounding commercial
properties.
Adequate Public Facilities: This site is within the City retail water and sewer service area and has
access to US Highway 1. All concurrency requirements must be met prior to development of this
property.
Natural Environment: The vegetation consists of the xeric/scrub forest variety with saw palmetto.
The soil has a medium potential for development.
Consistency with Comprehensive Plan: The proposed zoning is compatible with the Future Land
Use designated in the Comprehensive Plan.
STAFFRECO~NDATION
Staff recommends adoption Ordinance No. 2003-0-11 amending the Official Zoning Map from
County B-4 (General Commercial) to B-3 (Highway Commercial) for property located at 3665 0
South Ridgewood Avenue.
ACTION REQUESTED
Motion to approve Ordinance No. 2003-0-11 amending the Official Zoning Map from County
B-4 (General Commercial) to B-3 (Highway Commercial) for property located at 3665 South
Ridgewood Avenue.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
q~
Paralegal
~lqf?~
Kenneth R. Hooper
City Manager
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RZ-0210 Wood
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ORDINANCE NO. 2003-0-11
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4 (GENERAL
COMMERCIAL) TO B-3 (HIGHWAY COMMERCIAL) FOR
PROPERTY LOCATED AT 3665 SOUTH RIDGEWOOD
A VENUE, EDGEW A TER, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEW ATER;
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. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
has submitted an application requesting a change in zoning classification for property previously
owned by Willie Wood but transferred to Kimberly A. Rash and Lisa Miller on March 13, 2003 by
Warranty Deed. The subject property is located at 3665 South Ridgewood Avenue, containing
approximately .37 .:!:: acres. The requested zoning change would be from County B-9 (General
Office) to City B-3 (Highway Commercial) for the property described herein.
2. In a letter dated April 17, 2003, the City of Edgewater notified by mail the owners
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property.
3. On April 9, 2003, the Local Planning Agency (Planning and Zoning Board)
considered the request for a change in zoning classification and by a vote of 5 - 1, the Board
recommended that the City Council approve the request.
4. On May 5, 2003, the City Council considered on first reading/public hearing the
StInck throngh passages are deleted.
Underlined passages are added.
2003-0-11
1
proposed change in the zoning classification after publication of such hearing in the Observer on
April 24, 2003.
5. On May 19, 2003, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 8, 2003,
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 ofthe City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY 'OF EDGEW ATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
B-4 (General Commercial) to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
StltlGk tluongh passages are deleted.
Underlined passages are added.
2003-0-11
2
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and State of Florida.
Lots 7 and 8, Re-Subdivision of Waterway Park Section 1, according to' the Plat
thereof as recorded in Map Book 19, Page 269, of the Public Records of V olusia
County, Florida. (Parcel #8413-03-00-0070)
Containing .37:t acres more or less.
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 ATER, FLORIDA.
The Planning Director is hereby authorized and directed to amend the Official Zoning Map
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
described property.
PART C.
CONFLICTING PROVISIONS.
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 place upon adoption.
Struck tluongh passages are deleted.
Underlined passages are added.
2003-0-11
3
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on May 5, 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
and Second by
NAY
the vote on the second reading/public hearing of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StltI"k tlllotl~h passages are deleted.
Underlined passages are added.
2003-0-11
AYE
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
F or 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
Struck t1l1Ott~h passages are deleted.
Underlined passages are added.
2003-0-11
day of May, 2003.
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 _ day
of May, 2003 under Agenda Item No.-----=
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AGENDA REQUEST
Date: April 22. 2003
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE Mav 5. 2003
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Ordinance No. 2003-0-09
An Ordinance of the City of Edgewater amending the
Comprehensive Plan Ordinance No. 90-0-18, as amended,
by amending the Official Future Land Use Map from
County Commercial to City Commercial with
Conservation Overlay for property located along the west
side of U.S. Highway 1 and south of the East Wind
Subdivision.
BACKGROUND
This parcel was annexed into the City of Edgewater in November 2001. For consistency with the City of
dgewater Comprehensive Plan, the City is submitting an application requesting a Comprehensive Plan
Amendment for property owned by Bear Cove #5,6,&7 Holding Trust, Willie G. Wood, John R. Merrick,
Barbara Constable, and Rosi Fortna.
City Council approved the Ordinance at fIrst reading on April 21, 2003. Once adopted this small scale
amendment will be transmitted to the Florida Department of Community Affairs and other appropriate
regulatory agencies, as well as all municipalities in Volusia County.
STAFF RECOMMENDATION
Staff recommends adoption of Ordinance No. 2003-0-09 amending the Future Land Use Map from County
Commercial to City Commercial with Conservation Overlay for 7.0:l:: acres of property located along the
west side of U.S. Highway 1 and south of the East Wind Subdivision.
ACTION REOUESTED
Motion to approve Ordinance No. 2003-0-09 amending the Future Land Use Map from County
Commercial to City Commercial with Conservation Overlay for 7.O:i: acres of property located along the
west side ofD.S. Highway 1 and south of the East Wind Subdivision.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: April2L 2003
AGENDA ITEM NO.
6B
~llil'J<\
Robin Mamsick ~
Paralegal
~~
Ke eth R. Hooper
City Manager
CPA..{)202 Merrick
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CITY OF EDGEW ATER
PLANNING AND ZONING BOARD
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INFORMATION SUMMARY
CASE # CP A-0202
OWNER: Bear Cove # 5,6,7 Holding Trust, John R. Merrick, and Willie Wood
APPLICANT/AGENT: Bear Cove # 5,6,7 Holding Trust, John R. Merrick, and Willie Wood
REQUESTED ACTION: Amend the Comprehensive Plan Future Land Use Map to include
property as Commercial with Conservation Overlay from V olusia County Commercial.
LOCATION: West ofD.S. Highway 1, south of the East Wind Subdivision (8448-01-00-0010;
8448-01-00-0020; 8448-01-00-0030; 8448-01-00-0040; 8448-01-00-0050; 8448-01-00-0060; 8448-
01-00-0070; 8448-01-00-0080; 8448-01-00-0090; 8448-01-00-0100; 8448-01-00-0110; 8448-01-00-
0120; 8448-01-00-0130; 8448-01-00-0140; 8448-01-00-0150; 8448-01-00-0160; 8448-01-00-0170)
AREA: 7.0:1:: acres
o
CURRENT LAND USE: Vacant
FLUM DE SIGNA TION: V olusia County Commercial
VOTING DISTRICT: 4
SURROUNDING AREA
Current Use Future Land Use Map Zoning Classification
Desi~nation
North Single family County Urban Low County A-3 Transitional
residence Intensity Agriculture
East Commercial and County Commercial County B-4 General
Vacant Commercial
South Vacant Low Density Residential , County A-3 Transitional
Commercial Agriculture
West Vacant Low Density Residential , County B-4 General
Commercial Commercial
CP A~0202 merrick
Page 1 of 1
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BACKGROUND
The property consists of seven (7) acres located on the west side of U.S. Highway 1. Currently the
property is undeveloped. It is compact and contiguous to the City limits.
City Council voted to adopt Ordinance 2001-0-72 at second reading on November 5,2001 to annex
said property.
LAND USE COMPATffiILITY: The county land use designation for this area is commercial,
although there are no immediate plans for development. The land use is compatible with the mix of
uses in the surrounding area.
ADEQUATE PUBLIC FACILITIES: The property fronts on U.S. 1 which is an arterial roadway
network. Water is available to the site from the City and sewer services would be provided through
Volusia County's wastewater treatment plant, per an agreement between the City and county.
NATURAL ENVIRONMENT: The natural vegetation is scattered slash and longleaf pine, scrub
oaks, and saw palmetto.
CONSISTENCY WITH COMPREHENSIVE PLAN: A commercial use for this parcel is
consistent with the Comprehensive Plan.
OTHER MATTERS: There are no other matters associated with this site.
CP A-0202 merrick
Page 2 of2
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. ORDINANCE NO. 2003-0-09
o
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18 AS AMENDED, BY AMENDING THE OFFICIAL
FUTURE LAND USE MAP FROM COUNTY COMMERCIAL
TO CITY COMMERCIAL WITH CONSERV A TION
OVERLAY FOR PROPERTY LOCATED ALONG THE WEST
SIDE OF U. S. HIGHWAY #1 AND SOUTH OF THE EAST
WIND SUBDIVISION (LOTS 1 THROUGH 17 INCLUSIVE,
THOMAS SUBDIVISION IN THE MURRAY GRANT),
EDGEW ATER, FLORIDA; PROVIDING FOR FINDINGS OF
CONSISTENCY; AMENDING THE FUTURE LAND USE
MAP; PROVIDING FOR FILING WITH THE FLORIDA
DEPARTMENT 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
o
determinations:
1. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
submitted an application requesting a Comprehensive Plan Amendment for property owned by Bear
Cove #5,6, & 7 Holding Trust, Willie G. Wood, John R. Merrick, Barbara J. Constable and Rosi
Fortna. The subject property is located at the West side ofU. S. Highway #1 and South of the East
Wind Subdivision, Edgewater, Florida and contains approximately 7.0.:1: acres. The requested
Amendment would change the Future Land Use Map designation from County Commercial to City
Commercial with Conservation Overly for the property described herein.
2. In a letter dated February 20, 2003, the Planning Department notified the owners by
2003-0-09
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mail of the property of the pending Amendment for their property.
3. On March 12, 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
7 to 0, recommended that the City Council approve the request.
4. On April 21 , 2003, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
5. Pursuant to Section 163.3187(1)(c), Florida Statutes, on May 5, 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, April 23, 2003.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER, 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
amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water,
Florida regulating and restricting the use of lands 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 Commercial 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).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved chapge in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
2003-0-09
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Underlined passages are added.
2
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Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element which addresses
o
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.
o
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.
2003-0-09
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Underlined passages are added.
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PART H. ADOPTION.
After Motion by Councilman Hammond and Second by Councilman Brown, the vote on the
first reading of this ordinance held on April 21, 2003 is as follows:
AYE NAY
Mayor Donald A. Schmidt X
-
Councilman James P. Brown X
-
Councilman Myron F. Hammond X
-
Councilwoman Harriet E. Rhodes X
-
Councilwoman Judy Lichter X
-
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
2003-0-09
Struck thtotlgh passages are deleted.
Underlined passages are added.
4
PASSED AND DULY ADOPTED this
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
2003-0-09
StI tick th1 otl~'h passages are deleted.
Underlined passages are added.
day of May, 2003.
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
day of May, 2003 under Agenda Item No.
5
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EXHIBIT" A"
LEGAL DESCRIPTION
Lots 1 to 17, inclusive, Thomas Subdivision in the Murray Grant, according to plat thereof recorded
in Map Book 8, Page 253 of the Public Records of V olusia County, Florida and being more
particularly described as follows:
Beginning at the intersection of the Northerly line of said Lot 1, and the Westerly R/W line ofU.
S. Highway #1, a 158 foot R/W as now laid out; thence S 22056'22" E along the Westerly R/W line
of U. S. Highway #1, a distance of 1732.87 feet to the Southerly line of said Lot 17; thence S
69000'23" W along said Southerly line, a distance of206.09 feet to the Southwest comer of said Lot
17; thence N 21001'45" W along the westerly line of said Lots 1 through 17, inclusive, a distance
of 1731.74 feet to the Northwest comer of said Lot 1; thence N 68057'20" E along the northerly line
of said Lot 1, a distance of 148.33 feet to the Point of Beginning. Containing 7.0 acres more or less.
Containing 7.0i: acres more or less.
2003-0-09
Sa tick tm ongh passages are deleted.
Underlined passages are added.
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AGENDA REQUEST
Date: April 21. 2003
PUBLIC
HEARING X
RESOLUTION
ORDINANCE May 5. 2003
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Ordinance No. 2003-0-12
An Ordinance granting a change in zoning
classification from County B-4 (General Commercial)
to B-3 (Highway Commercial) for property located
along the west side ofD.S. Highway 1 and south of
the East Wind Subdivision.
LOCATION: West of U.S. Highway 1, south of the East Wind Subdivision (8448-01-00-0010;
8448-01-00-0020; 8448-01-00-0030; 8448-01-00-0040; 8448-01-00-0050; 8448-01-00-0060; 8448-
01-00-0070; 8448-01-00-0080; 8448-01-00-0090; 8448-01-00-0100; 8448-01-00-0110; 8448-01-00-
0120; 8448-01-00-0130; 8448-01-00-0140; 8448-01-00-0150; 8448-01-00-0160; 8448-01-00-0170)
AREA: 7.0:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County Commercial (currently in the Future Land Use Map
amendment process to amend to City Commercial with Conservation Overlay.
VOTING DISTRICT: 4
SURROUNDING AREA
Current Use Future Land Use Map Zoning Classification
Desi~nation
North Single family County Urban Low County A-3 Transitional
residence Intensity Agriculture
East Commercial and County Commercial County B-4 General
Vacant Commercial
South Vacant Low Density Residential , RPUD (Residential Planned Unit
Commercial Development)
West Vacant Low Density Residential , RPUD (Residential Planned Unit
Commercial Development)
RZ..o202 Merrick
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BACKGROUND 0
The property consists of seven (7) acres located on the west side of US. Highway 1. The property
is currently vacant. The Future Land Use Map amendment has gone before the Planning and Zoning
Board and City Council and will be transmitted to the Department of Community Affairs for review
and approval. The proposed zoning amendment is compatible with the adopted Future Land Use
designation of Commercial.
LAND USE COMP A TmILITY: The proposed zoning is compatible with the surrounding
commercial designation along US Highway 1. .
ADEQUATE PUBLIC FACILITIES: The property fronts on U.S. 1 which is an arterial roadway
. network. Water is available to the site from the City and sewer services would be provided through
Volusia County's wastewater treatment plant, per an agreement between the City and county. All
concurrency requirements must be met prior to development of this property.
NATURAL ENVIRONMENT: The natural vegetation is scattered slash and longleaf pine, scrub
oaks, and saw palmetto. The soil has a moderate suitability for development.
CONSISTENCY WITH COMPREHENSIVE PLAN: A commercial use for this parcel is
consistent with the Comprehensive Plan.
OTHER MATTERS: There are no other matters associated with this site.
STAFF RECOMMENDATION
Staff recommends adoption Ordinance No. 2003-0-12 amending the Official Zoning Map from
County B-4 (General Commercial) to B-3 (Highway Commercial) for property located along the
west side of US. Highway 1 and south of the East Wind Subdivision.
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ACTION REQUESTED
Motion to approve Ordinance No. 2003-0-12 amending the Official Zoning Map from County
B-4 (General Commercial) to B-3 (Highway Commercial) for property located along the west side
of US. Highway 1 and south of the East Wind Subdivision.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
~~IA1'rJ-<
Robin tusick \
Paralegal
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RZ-0202 Merrick
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ORDINANCE NO. 2003-0-12
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AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4 (GENERAL
COMMERCIAL) TO B-3 (HIGHWAY COMMERCIAL) FOR
PROPERTY LOCATED ALONG THE WEST SIDE OF U.S.
HIGHWAY #1 AND SOUTH OF THE EAST WIND
SUBDIVISION (LOTS 1 THROUGH 17 INCLUSIVE,
THOMAS SUBDIVISION IN THE MURRAY GRANT),
EDGEW A TER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW A TER;
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. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
has submitted an application requesting a change in zoning classification for property owned by Bear
'-.) Cove #5,6 & 7 Holding Trust, Willie G. Wood, John R. Merrick, Barbara J. Constable and Rosi
Fortna. The subject property is located on the West side ofD. S. Highway #1 and South of the East
Wind Subdivision, Edgewater, Florida and contains approximately 7.0 i acres. The requested
zoning change would be from County B-4 (General Commercial) to City B-3 (Highway Commercial)
for the property described herein.
2. In a letter dated April 17, 2003, the City of Edgewater notified by mail the owners
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property.
3. On April 9, 2003, the Local Planning Agency (Planning and Zoning Board)
StltlGk tluough passages are deleted.
Underlined passages are added.
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2003-0-12
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considered the request for a change in zoning classification and by a vote of 6 _ 0, the Board
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recommended that the City Council approve the request.
4. On May 5, 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
April 24, 2003.
5. On May 19,2003, the City Council held a public hearipg on the application after
publishing notice of such hearing in the Observer on May 8,2003,
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:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW ATER,
FLORIDA.
Stmck t11longh passages are deleted.
Underlined passages are added.
2003-0-12
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The zoning classification for the following described property is hereby changed from County
B-4 (General Commercial) to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
and State of Florida.
Lots 1 to 17, inclusive, Thomas Subdivision in the Murray Grant, according to plat
thereof recorded in Map Book 8, Page 253 of the Public Records of Vol usia County,
Florida and being more particularly described as follows:
Beginning at the intersection of the Northerly line of said Lot 1, and the Westerly
R/W line ofU. S. Highway #1, a 158 foot RJW as now laid out; thence S 22056'22"
E along the Westerly R/W line ofU. S. Highway #1, a distance of1732.87 feet to the
Southerly line of said Lot 17; thence S 69000'23" W along said Southerly line, a
distance of 206.09 feet to the Southwest comer of said Lot 17; thence N 21001'45"
W along the westerly line of said Lots 1 through 17, inclusive, a distance of 1731.74
feet to the Northwest comer of said Lot 1; thence N 68057'20" E along the northerly
line of said Lot 1, a distance of 148.33 feet to the Point of Beginning.
Containing 7.0j: acres more or less.
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 ATER, FLORIDA.
The Planning Director is hereby authorized and directed to amend the Official Zoning Map
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
described property.
PART C.
CONFLICTING PROVISIONS.
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.
StIl1ck through passages are deleted.
Underlined passages are added.
2003-0-12
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. Ifthis
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 place upon adoption.
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on May 5, 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
StJ tick thHmgh passages are deleted.
Underlined passages are added.
2003-0-12
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After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
F or 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
Stlt1ck t1uongh passages are deleted.
Underlined passages are added.
2003-0-12
AYE
NAY
day of May, 2003.
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 _ day
of May, 2003 under Agenda Item No.----:
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AGENDA REQUEST
Date: April 22. 2003
PUBLIC
HEARING
ORDINANCE May 5. 2003
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Ordinance No. 2003-0-10
An Ordinance of the City of Edgewater amending the
Comprehensive Plan Ordinance No. 90-0-18, as amended,
by amending the Official Future Land Use Map from
County Urban Low Intensity to City Low Density
Residential for property located at 117 Palm Breeze Drive.
BACKGROUND
In an effort to be consistent with the City of Edgewater Comprehensive Plan, the City is submitting an
application requesting a Comprehensive Plan Amendment for property owned by Charles and Catherine
Labossiere.
City Council approved the Ordinance at first reading on April 21, 2003.
Once adopted this small scale amendment will be transmitted to the Florida Department of Community Affairs
and other appropriate regulatory agencies, as well as all municipalities in Volusia County.
STAFF RECOMMENDATION
Staff recommends adoption Ordinance No. 2003-0-10 amending the Future Land Use Map from County
Urban Low Intensity to City Low Density Residential for property located at 117 Palm Breeze Drive.
ACTION REOUESTED
Motion to approve Ordinance No. 2003-0-10 amending the Future Land Use Map from County
Urban Low Intensity to City Low Density Residential for property located at 117 Palm Breeze Drive.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: ADril2L 2003
AGENDA ITEM NO.
6C
Respectfully Submitted By:
~~
Robin Matusick l
Paralegal
~~
Kenneth R. Hooper
City Manager
CPA.0302 Labossiere
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CITY OF EDGEW A TER
PLANNING AND ZONING BOARD
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INFORMATION SUMMARY
OWNER: Charles and Catherine Labossiere.
CASE # CP A-0302
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Amend Comprehensive Plan Future Land Use Map to
include property as Low Density Residential.
PROPOSED USE: Single Family Residential
LOCATION: 117 Palm Breeze Drive (pID# 8402-00-00-0340)
AREA: 80 x 165
CURRENT LAND USE: Single family home
FLUM DESIGNATION: Volusia County- Urban Low Intensity
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ZONING DISTRICT: Volusia County R-3 (Urban Single Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA
Current Land Use FLUM DesiJlnation Zoning District
North Mobile Home Park Medium Density Residential MH-1 (Mobile Home
Park)
East Single Family Low Density Residential Volusia County R-3
Residence (Urban Single Family
Residential)
South Single Family Low Density Residential Volusia County R-3
Residence (Urban Single Family
Residential)
West Single Family Low Density Residential Volusia County R-3
Residence (Urban Single Family
Residential)
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CP A-0302- 117 Palm Breeze
Created by bwenzel
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Background
This parcel is located in the Palm Breeze subdivision, east of US Highway 1. November
5, 2001 the City amended the Comprehensive Plan Future Land Use Map to include
parcels that had been annexed into the City over the previous 10 years.
Land Use Compatibility
This property is compatible with the surrounding single family homes within the
subdivision.
Adequate Public Facilities
This site is served by City water and has access via US Highway 1 to Palm Breeze Drive.
This amendment shall not exceed the Level of Service Standards for any public facilities.
Natural Environment
There are no known environmental issues with this property.
Other Matters
There are no other known matters associated with this site.
CPA-0302- 117 Palm Breeze
Created by bwenzel
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,
ORDINANCE NO. 2003-0-10
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AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18 AS AMENDED, BY AMENDING THE OFFICIAL
FUTURE LAND USE MAP FROM COUNTY URBAN LOW
INTENSITY TO CITY LOW DENSITY RESIDENTIAL FOR
PROPERTY LOCATED AT 117 PALM BREEZE DRIVE,
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, THEVOLUSIA
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. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
o
submitted an application requesting a Comprehensive Plan Amendment for property owned by
Charles and Catherine Labossiere. The subject property is located at 117 Palm Breeze Drive,
Edgewater, Florida and contains approximately .30.:!: acres. The requested Amendment would
change the Future Land Use Map designation from County Urban Low Intensity to City Low
Density Residential for the property described herein.
2. In a letter dated March 13,2003, the Planning Department notified the owners by
mail of the property of the pending Amendment for their property.
3. On April 9 ,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,
2003-0-10
Sh tick thI otl~h passages are deleted.
Underlined passages are added.
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recommended that the City Council approve the request.
4. On April 21, 2003, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
5. Pursuant to Section 163.3 1 87(1)(c), Florida Statutes, on May 5,2003, 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, April 23, 2003.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW ATER, 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
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 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 Low Density Residential 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.
2003-0-10
Struck tlnOtlgh passages are deleted.
Underlined passages are added.
2
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PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
o
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,
o
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.
2003-0-10
Sb tick tht ongl:. passages are deleted.
Underlined passages are added.
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PART H. ADOPTION.
After Motion by Councilman Brown and Second by Councilman Hammond, the vote on the
first reading of this ordinance held on April 21, 2003 is as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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
2003-0-10
Stttlc,k th10tlgh passages are deleted.
Underlined passages are added.
4
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
F or 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
2003-0-10
Stt tick through passages are deleted.
Underlined passages are added.
day of May, 2003.
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
day of May, 2003 under Agenda Item No.
5
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EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the South line ofU. S. Lot 6, Section 2, Township 18 South, Range
34 East, and the Easterly Right-of-Way line ofU. S. Highway No.1; thence North 26041'40" West
140 feet along the said Right-of-Way line; thence North 77009'50" East 783.78 feet for the point of
beginning; thence North 77009'50" East 80 feet; thence South 8014'50" East 165.95 feet; thence
South 85012'50" West 80.02 feet; thence North 8011'50" West 154.71 feetto the point of beginning.
The Southerly 25 feet of the herein described property subject to an easement for access.
Together with the right to use of the following described easement. Beginning at the intersection
of the South line of U. S. Lot 6, Section 2, Township 18 South, Range 34 East and the Easterly
Right-of-Way line ofU. S. Highway No.1; thence South 89056'40" East 99.09 feet; thence North
77009'50" East 489.62 feet; thence North 85012'50" East 463.92 feet; thence South 25018'40" East
164.21 feet to the South line of said U. S. Lot 6; thence South 89056'40" East 17.29 feet along the
South line of said U. S. Lot 6; thence North 64041'20" East 34.38 feet; thence North 25018'40" West
360 feet; thence North 64041'20" East 174.62 feet; thence North 25018'40' West 36.55 feet; thence
South 64041'20" West 209 feet; thence South 77009'50" West 16 feet; thence South 25018'40" East
175 feet; thence South 85012'50" West 448.72 feet; thence South 77009'50" West487.50 feet; thence
North 89056'40" West 118.65 feet to the Easterly Right-of-Way line ofU. S. Highway No. 1; thence
South 26041'40" East 55.99 feet along the said Easterly Right-of-Way line ofU. S. Highway No.
1 to the Point of Beginning. (Parcel #8402-00-00-0340)
Containing .30::!: acres more or less.
2003-0-10
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AGENDA REQUEST
Date: April 21. 2003
PUBLIC
HEARING X
RESOLUTION
ORDINANCE May 5, 2003
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Ordinance No. 2003-0-13
An Ordinance granting a change in zoning classification from
County R-3 (Urban Single Family Residential) to City R-3 (Single
Family Residential) for certain property located within the Palm
Breeze Drive Subdivision which is located on the east side of US
Highway 1, south of Pyramid Park.
LOCATION: These parcels are located within the Palm Breeze Subdivision (along Palm Breeze Drive).
AREA: :1:7.39 acres
BACKGROUND: In December 200 1 City Council adopted the City's EAR Based Amendments along with several
large and small scale Comprehensive Future Land Use Map amendments. These zoning map amendments were heard
by the Planning and Zoning Board on March 12,2003.
Q
STAFF RECOMMENDATION
Staff recommends adoption Ordinance No. 2003-0-13 amending the Official Zoning Map from County R-3 (Urban
Single Family Residential) to City R-3 (Single Family Residential) for certain property located within the Palm
Breeze Drive Subdivision which is located on the east side of US Highway 1, south of Pyramid Park.
ACTION REQUESTED
Motion to approve Ordinance No. 2003-0-13 amending the Official Zoning Map from County R-3
(Urban Single Family Residential) to City R-3 (Single Family Residential) for certain property
located within the Palm Breeze Drive Subdivision which is located on the east side of US Highway
1, south of Pyramid Park.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
~iJ..
Robin Matusi k l
Paralegal
~~
eth R. HOOP~
City Manager
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ORDINANCE NO. 2003-0-13
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AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE
FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE FAMILY
RESIDENTIAL) FOR CERTAIN PROPERTY LOCATED
WITHIN THE PALM BREEZE SUBDIVISION WHICH IS
LOCATED ON THE EAST SIDE OF U. S. HIGHWAY #1
SOUTH OF PYRAMID PARK, EDGEW A TER, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEW A TER; 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. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
has submitted an application requesting a change in zoning classification for property owned by Elsie
U E. Peck, William R. & Betty Brooks, Garland H. & Peggy L. Young, Stephen W. Schimpf, Walter
& Bonnie Diane Kuchar, Stephen & Christine Pruski, Jr., Stuart & Liann Winkler, David E. &
Carolyn Hubble, Ruis & Barbara West, Edward & Arlene A. Jewett, Catherine Brunner, Teresa L.
Reynolds & Steven L. Brunner, George & Patricia M. Balasko, Floyd R. & Amanda S. Anders,
Vernon L. & Dorothy Lynn Goodrich, David L. & Lorraine L. Cevasco, William M. & Patricia A.
Cattafesta, Donald R. Midland, Margaret & Norman Daniel and Charles & Catherine Labossiere.
The subject properties are located on Palm Breeze Drive, Edgewater, Florida and contain
approximately 7.39:!:: acres. The requested zoning change would be from County R-3 (Urban Single
Family Residential) to City R-3 (Single Family Residential) for the property described herein.
Stllt~k tI:uongh passages are deleted.
Underlined passages are added.
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2003-0-13
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2. In a letter dated April 17, 2003, the City of Edgewater notified by mail the owners
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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.
3. On April 9, 2003, the Local Planning Agency (Planning and Zoning Board)
considered the request for a change in zoning classification and by a vote of 6 - 0, the Board
recommended that the City Council approve the request.
4. On May 5, 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
April 24, 2003.
5. On May 19, 2003, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 8, 2003,
6.
The proposed change in zoning classification is consistent with all elements of the
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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.
II. The proposed change will not have a negative effect on the character or the
Stl tick through passages are deleted.
Underlined passages are added.
2003-0-13
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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 WITIDN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from
County R-3 (Urban Single Family Residential) to City R-3 (Single Family Residential):
The following described real property all lying and being in the County of V olusia
and State of Florida:
A portion ofU. S. Lots 6 and 7, Section 2, Township 18 South; Range 34 East and
accretions easterly thereof and a parcel ofland being a portion of Section 1, and land
easterly of Section 1 and Section 2, Township 18 South; Range 34 East and being
more particularly described as follows:
Beginning at the point of intersection of the south line of U. S. Lot 6, Section 2,
Township 18 South; Range 34 East and the easterly R/W ofU. S. Highway No.1;
thence N 26041'40" W along said easterly R/W ofU. S. Highway No.1, a distance
ofl40.00 feet; thence N 77009'50" E, a distance ofl045.78 feet; thence N 64041'20"
E, a distance of209.00 feet; thence S 25018'40" E, a distance of396.55 feet; thence
N 64041'20" E, a distance of24.68 feet; thence S 23034'38" E, a distance of 112.15
feet; thence S 64041'20" W, a distance of 247.62 feet; thence N 00012'40" E, a
distance of 119.98 feet; thence N 25018'40" W, a distance of 3.87 feet; thence S
64041'20" W, a distance of25.00 feet to the centerline of Palm Breeze Drive, thence
N 25018'40" W, along said centerline, a distance of188.95 feet; thence S 85012'50"
W along said centerline of Palm Breeze Drive, a distance of 97.34 feet; thence S
04047' 1 0" E, a distance of 167.14 feet to the southerly line of said U. S. Lot 6; thence
S 89056'40" E along said southerly line, a distance of138.06 feet; thence S 00003'20"
W, a distance ofl20.00 feet; thence N 89056'40" W, a distance ofl20.00 feet; thence
N 00003'20" E, a distance of 120.00 feet to the said southerly line ofU. S. Lot 6;
thence N 89056'40" W, along said southerly line, a distance of349.23 feet; thence S
79007'29" W, a distance of77.75 feet; thence N 12050'10" W, a distance of 117.95
feet; thence S 77009'50" W, a distance of85.45 feet; thence S 12050'10" E, a distance
of 115.04 feet; thence S 79006'56" W, a distance of 430.53 feet to the said easterly
R/W ofU. S. Highway No.1; thence N 26041'40" W, along said easterly R/W, a
distance of 126.18 feet the Point of Beginning.
StI tick throtlgh passages are deleted.
Underlined passages are added.
2003-0-13
3
Excluding the following described properties:
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Parcel#l- That portion of Government Lots 6 and 7, Section 2, Township 18 South,
Range 34 East, Volusia County, Florida, being more particularly described as
follows: Commence at the intersection of the South line of said Government Lot 6,
and the Easterly Right-of-Way line ofU. S. Highway No.1; run thence S 89056'40"
E along said South line of Government Lot 6, a distance of 96.16 feet for the Point
of Beginning; thence continue S 89056'40" E along said South line, a distance of2.84
feet; run thence N 77009'50" E, a distance of92.87 feet; run thence S 12050'10" E,
a distance of 105.8 feet; run thence S 79007' W, a distance of95.7 feet; run thence N
12050'10" W, a distance of 103.17 feet to the Point of Beginning. The above-
described property being also known as Lot 25, Palm Breeze, an unrecorded
subdivision.
Parcel #2 - That portion of Government Lot 7, Section 2, Township 18 South, Range
34 East, V olusia County, Florida, being more particularly described as follows: Begin
at the intersection of the South line of Government Lot 6, said Section 2, Township
18 South, Range 34 East, and the Easterly Right-of-Way line ofU. S. Highway No.
1; run thence S 89056'40" E along the South line of said Government Lot 6, a
distance of96.16 feet; run thence S 12050'10" E, a distance ofl03.17 feet; run thence
S 79007' W, a distance of 63.66 feet to the said Easterly Right-of-Way line ofU. S.
Highway No.1, run thence N'26041 '40" W along said Easterly Right-of-Way line of
U. S. Highway No.1, a distance of 126.18 feet to the Point of Beginning. The above-
described property being also known as Lot 26, Palm Breeze, an unrecorded
subdivision.
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Parcel #3 - Commence at the intersection of the South line ofU. S. Lot 6, Section
2, Township 18 South, Rage 34 East, and the Easterly R/W line ofU. S. Highway
No.1; thence S 89056'40" E, 99.09 feet along said South line; thence N 77009'50" E,
92.87 feet for the Point of Beginning; thence N 77009'50" E, 92.65 feet; thence S
12050'10" E, 108.96 feet; thence S 79007' W, 92.7 feet; thence N 12050'10" W, 105.8
feet to the Point of Beginning. The above-described property being also known as
Lot 24, Palm Breeze, an unrecorded subdivision.
Parcel #4 - A portion ofU. S. Lot 6, Section 2, Township 18 South, Range 34 East
lying Easterly of U. S. Highway No. 1 and being more particularly described as
follows: Commence at the intersection of the South line of said U. S. Lot 6 and the
Easterly R/W ofU. S. Highway No.1; thence N 26041'40" W along the Easterly R/W
ofU. S. Highway No.1, a distance of55.99 feet for the Point of Beginning, thence
continue N 26041'40" W along said R/W a distance of84.01 feet; thence N 77009'50"
E, a distance of228.78 feet; thence S 12050'10" E a distance of 108.03 feet; thence
Stlnck t1uotlgh passages are deleted.
Underlined passages are added.
2003-0-13
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S 77009'50" W, a distance of93.02 feet; thence N 89056'40" W, a distance of 118.63
feet to the Point of Beginning. The above-described property being also known as
Lots I & 2, Palm Breeze, an unrecorded subdivision.
Containing 7.39:t acres more or less.
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 ATER, FLORIDA.
The Planning Director is hereby authorized and directed to amend the Official Zoning Map
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
described property.
PART C.
CONFLICTING PROVISIONS.
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 place upon adoption.
StlUck t1uongh passages are deleted.
Underlined passages are added.
2003-0-13
5
PARTF.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on May 5,2003, 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
and Second by
NAY
the vote on the second reading/public hearing of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stltlck tluongh passages are deleted.
Underlined passages are added.
2003-0-13
AYE
6
NAY
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PASSED AND DULY ADOPTED this
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
Shtick tluotlgh passages are deleted.
Underlined passages are added.
2003-0-13
day of May, 2003.
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 _ day
of May, 2003 under Agenda Item No.-----:
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AGENDA REQUEST
Date: April 22. 2003
PUBLIC
HEARING
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RESOLUTION
ORDINANCE May 5. 2003
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Ordinance No. 2003-0-14
An Ordinance granting a change in zoning classification from County R-
3(Urban Single Family Residential) to City R-2(Single Family Residential)
for certain property located within the Ranken Drive Subdivision (Ranken
Drive and Swordfish Lane) and change zoning classification from County
B-4 (General Commercial) to City B-3 (Highway Commercial) for property
located at 2499 Ranken Drive and the vacant lot to the south,
LOCATION: These parcels are located within the Ranken Drive Subdivision (Ranken Drive and Swordfish Lane)
AREA: :!: 18.57 acres
BACKGROUND: In December 2001 City Council adopted the City's EAR Based Amendments along with several large and
small scale Comprehensive Future Land Use Map amendments. These Zoning Map amendments were heard by the Planning and
Zoning Board on March 12, 2003.
STAFF RECOMMENDATION
Staff recommends adoption Ordinance No. 2003-0-14 amending the Official Zoning Map from County R-3 (Urban
Single Family Residential) to City R-2(Single Family Residential) for certain property located within the Ranken
Drive Subdivision (Ranken Drive and Swordfish Lane) and change zoning classification from County B-4 (General
Commercial) to City B-3 (Highway Commercial) for property located at 2499 Ranken Drive and the vacant lot to the
south.
ACTION REOUESTED
Motion to approve Ordinance No. 2003-0-14 amending the Official Zoning Map from County R-3 (Urban
Single Family Residential) to City R-2(Single Family Residential) for certain property located within the Ranken
Drive Subdivision (Ranken Drive and Swordfish Lane) and change zoning classification from County B-4 (General
Commercial) to City B-3 (Highway Cominercial) for property located at 2499 Ranken Drive and the vacant lot to the
south.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
RZ-O I 00 Ranken Drive
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ORDINANCE NO. 2003-0-14
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AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE
FAMILY RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY
RESIDENTIAL) FOR CERTAIN PROPERTY LOCATED
WITHIN THE RANKEN DRIVE SUBDIVISION (RANKEN
DRIVE AND SWORDFISH LANE) AND CHANGE ZONING
CLASSIFICATION FROM COUNTY B-4 (GENERAL
COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED AT 2499 RANKEN DRIVE AND
A VACANT LOT TO THE SOUTH (pARCEL #8402-00-00-0690
& 8402-00-00-0530), EDGEWATER, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEW A TER; 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.
In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
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has submitted an application requesting a change in zoning classification for property owned by
Joseph & Lorraine Cummins, Doris Angleton, Charles & Nancy Byrd, Gregory & Cynthia
Degramont, Robert L. & Jean-Marta Vogel, Donald & Deborah Williams, Richard & Mariana
Ebersold, Bryan & Ann Everidge, A. W. & Patricia Baylor, Craig & Kelly Conway, Robert & Mary
Campbell, Susan Hole, Thad & Kathleen Sizemore, Kirk & Rosemarie Jones, James & Nancy Jo
Tayfel, Steven & Barbara Wygant, Kimberly McCauley & John Bell, Gilbert & Donna Gesualdi,
Ward T. Berg, Bruce E. & Sabrina Farmer, Connor C. & DeAnna L. McDuffie, David & Teresa
Bartek, and William Nani Ranken. The subject properties are located on Ranken Drive and
StInck t1uough passages are deleted.
Underlined passages are added.
2003-0-14
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Swordfish Lane, Edgewater, Florida and contains approximately 18.57 .:t acres. The requested
zoning change would be from County R-3 (Urban Single Family Residential) to City R-2 (Single
Family Residential) for certain property located within the Ranken Drive Subdivision (Ranken Drive
and Swordfish Lane) and change the zoning classification from County B-4 (General Commercial)
to City B-3 (Highway Commercial) for property located at 2499 Ranken Drive and the vacant lot to
the south (Parcel #8402-00-00-0690 & #8402-00-00-0530).
2. In a letter dated April 17, 2003, the City of Edgewater notified by mail the owners
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property.
3. On March 12, 2003, the Local Planning Agency (Planning and Zoning Board)
considered the request for a change in zoning classification and by a vote of 7 - 0, the Board
recommended that the City Council approve the request.
4. On May 5, 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
April 24, 2003.
5. On May 19,2003, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 8, 2003,
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.
St1tlck throngh passages are deleted.
Underlined passages are added.
2003-0-14
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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:
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 R-3 (Urban Single Family Residential) to City R-2 (Single Family
Residential):
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The following described real property all lying and being in the County of V olusia
and State of Florida.
That portion of the south 300 feet ofU. S. Lot 7, Section 2, Township 18 South;
Range 34 East and a portion ofU. S. Lot 1, Section 1, Township 18 South; Range 34
East, all being described as follows:
Beginning at the Southeast comer ofU. S. Lot 7, Section 2, Township 18 South;
Range 34 East; thence S 89056'54" W, along the southerly line of said U. S. Lot 7,
a distance of228.82 feet; thence N 21001'48" W, a distance of321.1O feet; thence N
89054'14" E, a distance of341.60 feetto the Westerly line ofU. S. Lot 1, Section 1,
Township 18 South; Range 34 East; thence N 00035'00" W, along said Westerly line,
a distance of 619.64 feet; thence S 89054'35" E, a distance of 50.00 feet; thence S
00035'00" E, a distance of 348.00 feet; thence S 89059'28" E, a distance of 296.96
feet to the approximate shoreline of the westerly bank of the Indian River North;
thence Southeasterly along said shoreline the following nine courses and distances:
(1) S 23029'57" E, a distance of 129.38 feet; thence (2) S 38043'17" E, a distance of
StIl1ck through passages are deleted.
Underlined passages are added.
2003-0-14
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90.71 feet; thence (3) S 46008'33" E, a distance of27.79 feet; thence (4) S 88006'36"
E, a distance of56.14 feet; thence (5) S 78012'26" W, a distance of 45.52 feet; thence
(6) S 08031'22" E, a distance of 104.21 feet; thence (7) S 24046'00" E, a distance of
151.01 feet; thence (8) S 39032'23" E, a distance of91.47 feet; thence (9) S 36019'02"
E, a distance of63.65 feet; thence leaving said shoreline S 68024'14" W, a distance
of300.00 feet; thence S 26000'46" E, a distance of 100.00 feet; thence N 68024'14"
E, a distance of 300.00 feet to the said approximate shoreline of the Indian River
North; thence Southeasterly along said shoreline the following six courses and
distances: (1) S 22005'13" E, a distance of 149.56 feet; thence (2) S 21052'16" E, a
distance of209.38 feet; thence (3) S 33010'12" E, a distance of203.54 feet; thence
(4) S 30055'30" E, a distance of91.98 feet; thence (5) S 31003'46" E, a distance of
210.96 feet; thence (6) S 31013'35" E, along said shoreline, a distance of6.74 feet to
the northerly line of Edgewater Landings Phase I, according to plat thereof recorded
in Map Book 42, Pages 65 through 67 of the Public Records of V olusia County,
Florida; thence S 67027'56" W along said northerly line of Edge water Landing Phase
I, a distance of386.24 feet; thence N 26002'19" W, a distance of712.29 feet; thence
S 67026'59" W, a distance of 100.00 feet; thence N 26001'36" W, a distance of2.36
feet; thence S 68023'23" W, a distance of 0.35 feet; thence N 25059'16" W, a distance
of150.07 feet; thence N 68032'46" E, a distance of 0.25 feet; thence N 26001'36" W,
a distance of20.46 feet; thence S 89056'37" W, a distance of265.61 feet to the said
westerly line ofU. S. Lot 1, Section 1; thence N 00028'03" W along said Westerly
line, a distance of260.07 feet to the Point of Beginning. Together with accreted land
lying easterly thereof.
along with
Parcel #8402-00-00-0730 described as follows:
Parcel 12A, Ranken Unrecorded Subdivision - a portion of the Northeast 1/4 of the
Southeast 1/4 of Section 2, Township 18 South, Range 34 East and being more
particularly described as follows:
Commence at the Southeast corner ofU. S. Lot 7, Section 2, Township 18 South,
Range 34 East; thence South 89056'54" West, adistanceof550.12 feettothe Easterly
Right-of- Way line ofU. S. Highway No.1, a 158 foot Right-of-Way as now laid out;
thence South 20007'45" East along said Easterly Right-of-Way, a distance of53.18
feet; thence North 89056'37" East leaving said Right-of-Way line, a distance of
267.62 feet for the Point of Beginning; thence continue North 89056'37" East, a
distance of 149.47 feet; thence South 00028'03" East, a distance of 210.17 feet;
thence South 89056'37" West, a distance of70.69 feet; thence North 20057'49" West,
a distance of 224.97 feet to the Point of Beginning.
StInck t1uongh passages are deleted.
Underlined passages are added.
2003-0-14
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Parcel #8402-00-00-0740 described as follows:
Parcel 12B, Ranken Unrecorded Subdivision, being more particularly described as:
A portion of the Northeast 1/4 of the Southeast 1/4 of Section 2, Township 18 South,
Range 34 East and being more particularly described as follows:
Commence at the Southeast comer of U.S. Lot 7, Section 2, Township 18 South,
Range 34 East; thence S 89056'54" W, a distance of 550.12 feet; to the Easterly
Right-of-Way line ofU. S. Highway#l, a 158 foot RIW as now laid out; thence S
20007'45" E along said Easterly R/W, a distance of 53.18 feet; thence N 89056'37"
E leaving said R/W, a distance of 417.09 feet for the Point of Beginning; thence
continue N 89056'37" E, a distance of 110.08 feet; thence S 00028'03" E, a distance
of21 0.17 feet; thence S 89056'37" W, a distance of 110.08 feet; thence N 00028'03"
W, a distance of210.17 feet to the Point of Beginning.
The zoning classification for the following described property is hereby
changed from County B-4 (Highway Commercial) to City B-3 (Highway
Commercial):
Parcel #8402-00-00-0690 described as follows:
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A portion of the South 300 feet lying easterly ofU. S. Highway No.1, U. S. Lot 7,
Section 2, Township 18 South; Range 34 East and being described as follows:
Commence at the Southeast comer ofU. S. Lot 7, Section 2, Township 18 South;
Range 34 East; thence S 89056'54" W along the southerly line of said U. S. Lot 7, a
distance of228.82 feet for the POINT OF BEGINNING; thence continue S 89056'54"
W, a distance of321.30 feet to the easterly RIW line ofU. S. Highway No.1, a 158
foot R/W as now laid out; thence N 21001'48" W along said Easterly R1W, a distance
of 320.83 feet; thence leaving said R/W, N 89054'14" E, a distance of 321.20 feet;
thence S 21001 '48" E, a distance of 321.10 feet to the Point of Beginning.
Containing 2.21 acres more or less.
and
Parcel #8402-00-00-0530 described as follows:
2 1834 S 210.14 ft ofN 260.14 ft meas on ElL ofW 527.17 ft meas on NIL ofNE
1/4 ofSE 1/4 E of US 1 ext E 259.55 ft per OR 3341, PG 0718.
StJ tick till otlg,h passages are deleted.
Underlined passages are added.
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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 ATER, FLORIDA.
The Planning Director is hereby authorized and directed to amend the Official Zoning Map
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
described property.
PART C.
CONFLICTING PROVISIONS.
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.
PARTE.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
Stl tick till ough passages are deleted.
Underlined passages are added.
2003-0-14
6
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on May 5, 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
and Second by
NAY
the vote on the second reading/public hearing of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stltlck thlOUgh passages are deleted.
Underlined passages are added.
2003-0-14
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PASSED AND DULY ADOPTED this
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
StIUGk t1uongh passages are deleted.
Underlined passages are added.
2003-0-14
day of May, 2003.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this _ day
of May, 2003 under Agenda Item No.----:
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AGENDA REQUEST
C.A. NO.: 2003-065
Date: April 23. 2003
PUBLIC
HEARING 05/05/2003 RESOLUTION 05/05/2003
ORDINANCE
BOARD
APPOINTMENT CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Resolution #2003-R-04
Amending the Schedule of Charges/Fees as set forth in
Section 17-31 (Fees), of Article IV (Towing or Impounding
of Vehicles, Chapter 17 (Traffic)
Wrecker Services Agreement - Addendum #1
Edgewater Garage, Inc.
BACKGROUND:
In April 2001, the City published Invitation for Bids relating to Wrecker Services with Edgewater
Garage, Inc. being awarded the contract for services on May 21, 2001. The initial term of the
contract expires on May 21, 2003.
Edgewater Garage has requested to utilize the renewal option and extend the agreement for an
additional two (2) year period continuing through May 21, 2005; modifications to the schedule of
charges/fees in an effort to be consistent with the County and surrounding areas; include the use of
a Class "D" wrecker; increase the amount paid to the City from $10.00 to $15.00 per tow; and to
change the name in the notice section of the agreement.
Addendum # 1 to the Wrecker Services Agreement reflects all the modifications listed above.
Resolution #2003-R-04 establishes the new schedule of charges/fees pursuant to Section 17-31
(Fees) of Article IV (Towing or Impounding of Vehicles), Chapter 17 (Traffic).
STAFF RECOMMENDATION:
Staff recommends approval of Addendum #1 to the Wrecker Services Agreement along with
approval of Resolution #2003-R-04 establishing the new schedule of charges/fees relating to the
towing or impounding of vehicles.
ACTION REOUESTED:
Motion to approve Addendum #1 to the Wrecker Services Agreement and Resolution #2003-R-04.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
o.
Respectfully submitted,
Robin L. Matusick
Paralegal
rim
YES
NO X
AGENDA ITEM NO.
Concurrence:
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Ke eth R. Hooper
City Manager
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Edgewater Garage, Inc.
2033 S. Ridgewood Ave.
Edgewater, FI. 32141
386-427-1703
FAX: 386-423-2004 .
April.] 7, 2003
CitY of Edge water
P.o. Box 100 ;
Edgewater, FI. 32132
lfJ{g@~~\'ll.
APR \ 7 2003
etrl A1tOlN~
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ReQuest for renewal at rate adiustment
I'd like to begin by thanking the City of Edgewater for the past eight years for a
prosperous and successful business relationship.
Due to increases in the price of fuel as well as insurance and employee costs, I am
respectfully requesting a rate adjustment. Edgewater Garage, Inc. would continue to
supply superior service to the City of Edgewater with my tow fleet consisting of Class A-.
D vehicles.
The rate adjustment I am requesting would be the same as the rate schedule for the
V ohisia County Sheriffs Department. Please find attached the V olusia County Sheriffs
Department tow rates effective 03-01-03.
I look forward to a continued and long business relationship and I await your response.
Thank you in adv~ce for your time and consideration.
~;:~~
'~~::;~~mond
.. President
Edgewater Garage, Inc.
Towing and Recovery
2033 S. Ridgewood Ave.
Edgewater, FI. 3214l
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RESOLUTION NO. 2003-R-04
,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA, ESTABLISHING THE SCHEDULE
OF CHARGES/FEES FOR TOWING, REMOVAL,
IMPOUNDMENT AND STORAGE RELATING TO SECTION
17-31 (FEES) OF ARTICLE IV (TOWING OR IMPOUNDING
OF VEHICLES), CHAPTER 17 (TRAFFIC); REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; AND
ESTABLISHING AN EFFECTIVE DATE.
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WHEREAS, the City of Edgewater, Florida, has made the following determinations:
1. In April 1999, the City Council adopted Ordinance No. 99-0-07 which amended
Chapter 17 (Traffic) by adding Article IV (Towing or Impounding of Vehicles); and
2. Article IV (Towing or Impounding of Vehicles), Section 17-31 (Fees), provides that
a schedule for charges/fees relating to these services will be established by resolution of the City
Council and shall be posted for public inspection in designated areas; and
3. The schedule of charges/fees for these services have not been modified since adoption
of Resolution No. 99-R-04 in which they were initially established.
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4. In an effort to be consistent with the County of V olusia and surrounding areas, the
City has determined the need to modify the existing schedule of charges/fees.
NOW, THEREFORE, be it resolved by the City Council ofthe City of Edge water, Florida:
Section 1. Pursuant to Chapter 17 (Traffic), Article IV (Towing or Impounding of V ehicles),
Section 17-31 (Fees), the schedule of fees/charges are hereby established as set forth in Section IV
(Compensation) of Addendum Number 1, Wrecker Services Agreement dated May 5, 2003, which
is attached hereto and incorporated herein by reference as Exhibit "A".
Section 2. All resolutions or parts of resolutions in conflict herewith be and same are hereby
repealed.
Section 3. This resolution shall take effect upon adoption.
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After Motion by
the vote on this resolution was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Myron F. Hammond
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
and Second by
AYE
NAY
PASSED AND DULY ADOPTED this 5th day of May, 2003.
ATTEST:
Susan J. Wadsworth
City Clerk
F or 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-R-04
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 5th day
of May ,2003 under Agenda Item No.
2
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ADDENDUM NUMBER 1
WRECKER SERVICES AGREEMENT
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By Agreement made and entered into this
day of May, 2003, by and between the
CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter "City"), whose
mailing address is P. O. Box 100, Edgewater, Florida 32132-0100 and EDGEW A TER GARAGE,
IN C., (hereinafter "Contractor"), whose mailing address is 2033 S. Ridgewood Avenue, Edgewater,
Florida 32141.
WITNESSETH:
The CITY and CONTRACTOR mutually agree to amend that certain Agreement
between the CITY AND CONTRACTOR made and entered into on the 21 st day of
May, 2001, as follows:
1)
Section I.
Scope of Services and Equipment, Storage Facility and Personnel
Requirements
w.
The Contractor shall have available a minimum of four (4) wreckers to provide these
wrecker services including: two (2) Class "A" wreckers; one (1) Class "c" wrecker;
and one (1) Roll Back car carrier. The Class "c" wrecker may be available through
written agreement with another company. The Contractor may also utilize a Class
"D" wrecker.
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2) Section III. Term and Termination
Both parties wish to utilized the renewal option for an additional for an additional two (2)
year term beginning on May 21, 2003 and continuing through May 21, 2005.
3) In an effort to be consistent with the County contract for wrecker services, the Contractor is
requesting the following modifications to the following:
Section IV. Compensation
A. In consideration for the City's exclusive use of Contractor, Contractor shall submit
to the Finance Director on the first day of each month the sum of ten fifteen dollars
and no/100 ($10.00) ($15.00) per tow for those services performed by Contractor
pursuant to this Agreement along with copies of all invoices for services provided
pursuant to this Agreement. The towing of City vehicles, abandoned vehicles, or
other vehicles for which there will be no towing charge by the Contractor shall not
(Agreement/Wrecker Services - Addendum #1)
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B.
be included in the determination of the number of monthly tows.
Contractor may charge the owner of any vehicle being towed and/or stored at the
request of the City the rates listed below:
1)
2)
3)
4)
5)
6)
7)
Towing vehicles, Class A, under 9,999 Ibs. GVWR
Towing vehicles, Class B, under 19,500 Ibs. GVWR
Towing vehicles, Class C, 19,501 to 24,999Ibs. GVWR
Towing vehicles, Class D, greater than 25,000 Ibs. GVWR
When a flatbed is needed to accomplish the tow, a flat additional fee
When dollies are required to accomplish the tow, a flat additional
fee to tow the vehicle on dollies is
Additional flat fee per fifteen (15) minutes of extra labor for
complicated situations, i.e., water recovery
$100.00
$200.00
$300.00
$400.00
$ 10.00
$ 35.00
$ 20.00
Mileage Charges: No mileage charge shall be made for the first ten (10) miles from
the point of origin of the tow. Thereafter, mileage may be charged at the following
maximum per mile rates:
Class A Wrecker
Class B Wrecker
Class C Wrecker
Class D Wrecker
$2.50 per mile
$3.00 per mile
$4.00 per mile
$5.00 per mile
8)
9)
10)
Water recovery with the wrecker company using their own certified
scuba diver to make the recovery
Service Charges:
I) Wrecker on-scene and owner arrives
2) Wrecker not on-scene and owner arrives
Ancillary Charges:
I) Double hook-up
2) Vehicle entry when locked
3) Drop transmission linkage
4) Axle or drive shaft removal
Clean-Up Charges:
I) Towing Company shall at no cost to the City of Edge water or the Edgewater Police
Department charge to clean up all debris off the public streets, ways, sidewalks,
parks, avenues, and property of the City, and remove the same to a proper place
away from the crash scene.
Towing Company shall not charge the owner of the vehicle being towed for clean
up.
Storage Rates per day:
I) Vehicle at compound under twelve (12) hours
2) Outside (passenger car/light truck)
3) Inside (passenger car/light truck)
4) Outside Class C
5) Outside Class D
After Business Hours Release Vehicle Fee
Administration Fee for paperwork of towed vehicles:
(a) The vehicle in impound yard seventy-two (72) hours
or less
The vehicle is impounded more than seventy-two (72)
hours charge is by individual towing company with an
$100.00
$ 25.00
NO CHARGE
$ 15.00
$ 15.00
$ 15.00
$ 15.00
II)
2)
12)
13)
14)
NO CHARGE
$ 25.00
$ 30.00
$ 60.00
$ 60.00
$ 25.00
(b)
(Agreement/Wrecker Services - Addendum # I)
itemized bill.
4)
Section XII. Notices
Notice is hereby modified to reflect a change in ownership of Edgewater Garage, Inc. and
to forward notices to the following:
If to Contractor:
Myron F. Hammond, President
Edgewater Garage, Inc.
2033 S. Ridgewood Avenue
Edgewater, FL 32141
5) The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
IN WITNESS HEREOF the parties have made and executed this Addendum the day and
year first written above.
WITNESSES:
CITY OF EDGEW A TER, FLORIDA
By:
Kenneth R. Hooper
City Manager
Dated:
WITNESSES:
EDGEW ATER GARAGE, INC.
By:
Myron F. Hammond
President
Dated:
(Agreement/Wrecker Services - Addendum #1)
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'6.A.
AGENDA REQUEST
Date: April 22. 2003
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
OTHER
BUSINESS
CONSENT
x
ITEM DESCRIPTION:
The Police Chief request the Council approve the acceptance of funds from the Byrne Grant Anti-
Drug Abuse Committee to be used for underwriting the costs ofG.R.E.A.T. "Youth Affairs"
program.
BACKGROUND:
In 2001 the Police Department started its "Youth Affairs Officer" program. The purpose of the
program was to provide alternatives to arrest of local youth who are either identified as "at risk"
or involved in minor crimes and acts of delinquency. A Police Officer position was specifically
created/added within the Police Department and charged with carrying out the objectives of the
Youth Affairs program. This program has been highly successful over the past two years period
in working with local youth. Byrne Grant funding has been provided to assist in underwriting the
cost of this position. This is the third and final year of eligible funding under Byrne Grant rules.
A recent audit by program administrators declared this program to be meeting its designated
objectives.
STAFF RECOMMENDATION:
Staff recommends that the City Council accept the Byrne Grant award in the amount of
$27,435.00.
ACTION REQUESTED:
Motion to approve acceptance of Byrne Grant award in the amount of$27,435.00.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
"
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PREVIOUS AGENDA ITEM:
YES
NO
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DATE:
AGENDA ITEM NO.
~rY--n~j\
Robin Matusick ~
Paralegal ~
~~<~ ~
Ke eth R. Hooper
City Manager
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U K, (r'" L. /'/
)'
County of Vo[usia
Office of Substance Abuse Programs
123 W.lndiana Ave, Room #302, Deland, Fl 32720
386.943.7039 \ 423.3300 \ 254.4648 Ext. 2324
FAX: 386.943.7011 PMaxwell@co.volusia.fl.us
April 15, ~03
. C'\.J
Mayor/~ald Schmidt
City o,f ~gewater
P. o.:Eii NO
Edgewater, FL 32132-0100
Dear Mayor Schmidt;
The FY2004 formula share of Federal Byrne Anti-Drug Abuse Act grant funds has been distributed among nine (9)
cities and Volusia County govemment for a total of fourteen (14) substance abuse programs. Grant regulations
reauire approval of the fundina distribution bv the maioritv of all local aovernments with the county.
Enclosed is the letter to certify your city's approval of the funding distribution. Your assistance is requested in
obtaining sufficient copies to accompany each of the fourteen (14) applications being prepared for submission to the
Florida Department of Law Enforcement before June 10, 2003.
<.J
1. Please copy (or re-type) the enclosed letter onto your city's letterhead (Note: 14 oriainals are
needed)
2. Have the letters signed and dated by the Chief Elected Officer - the Mayor.
3. Return all 14 originals to:
Paula J. Maxwell, Administrator
County of Volusia, Office of Substance Abuse Programs
123. W. Indiana Avenue, Room # 302
DeLand, FL 32720
The letters should be returned to this office by FRIDAY , MAY 25, 2003. If the letter will not be
executed and returned prior to that date, please contact this office to let us know when the letter will be available for
pick up by this office.
On behalf of all agencies participating in the Edward Byrne Anti-Drug Abuse Act grant, I thank you for your help in
this matter.
Sincerely,
!?aala ct Jfaawdt
Paula J. Maxwell, Administrator
Office of Substance Abuse Programs
Enclosure .. . .
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_""011
R<<:ycled Paper
,.
Mr. Clayton Wilder
Community Program Administrator
Office of Criminal Justice Grants
Business Support Programs Office
Department of Law Enforcement
2331 Phillips Rd.
Tallahassee, Florida 32308
Dear Mr. Wilder:
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In compliance with State of Florida Rule 9B-61.003(4)(d), F.A.C., the City of Edgewater
approves the distribution of$395,077 of Federal Fiscal Year 2003 (FY2004) Byrne Formula
Grant Program funds for the following projects within Volusia County.
Subgrantee
County of Vol usia
County of Vol usia
County of Vol usia
County of Vol usia
County of Vol usia
County of Vol usia .
City of Daytona Beach
City of Daytona Beach Shores
& City of Ponce Inlet
City of DeLand
City of Edgewater
City of Holly Hill
City of Lake Helen
City of New Smyrna Beach
City of Oak Hill
Signature (Mayor)
Title of Project
Administration/Office of Substance Abuse Prog.
House Next Door - P.A..C. Project
Serenity House - F.I.T.S. Project
Boys & Girls Club-Family Support Program
Accepting Responsibility Youth Academy
Jail Addiction Treatment Program
C.O.P. Program
Inlet Interdiction Task Force
N.E.T.ofDeLand
G.R.E.A.T. "Youth Affairs" Prog.
Narcotics Enforcement Program
Lake Helen P.D. Drug Free-Dance Safe Project
Police Athletic League
Community Policing
Total
------
$$ Amount
$ 22,851
$ 33,690
$ 80,419
$ 30,000
$ 22,270
$ 12,000
$ 10,358
$ 27,765
$ 31,000
$ 27,435
$ 15,000
$ 27,212
$ 27,435
$ 27,642
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------------
------------
$395,077
Date
(Type Mayor's Name here)
C:IOld Drive\DIWPDocsALLIFY2004\Letters & DocsI51%letters04.doc
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ORDINANCE NO. 2003-0-Special Master
AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOFlJ] [jj ~ /} 'i?
EDGEW ATER, FLORIDA; REPEALING ARTICLE X (CODE U
<;OMPLIANCE PROCESS) IN ITS ENTIRETY AND
ADOPTING/ENACTING A NEW ARTICLE X (CODE
COMPLIANCE PROCESS) OF CHAPTER 21 (LAND
DEVELOPMENT CODE) OF THE CODE OF ORDINANCES,
CITY OF EDGEWATER, FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Pursuantto a Workshop held by the City Council on May 5,2003, the Council desires
to establish a new method of enforcing its codes and ordinances by establishing a citation-
fme/special master code compliance system.
2. The provisions of this ordinance are authorized pursuant to Article VIII, Florida
Constitution; Chapter 162, Florida Statutes; Part I; and Chapter 166, Florida Statutes.
3. Section 162.03, Florida Statutes, specifically authorizes local governments to
establish special master code enforcement systems for the enforcement of codes and ordinances.
4. Section 162.03, Florida Statutes, does not otherwise provides any specific guidelines
for the establishment of a special master code enforcement system, but does provide certain due
process and procedural requirements relative to utilizing a code enforcement board or county court
for the enforcement of codes and ordinances.
5. The City Council of the City of Edge water desires to establish a citation-fine/special
master code enforcement system to provide a more efficient and expedient method of enforcing its
codes and ordinances.
6. The case of Verdi v. Metropolitan Dade County, 684 So.2d 870 (Fla. 3rd DCA 1996),
Snnck t1:t1ongh passages are deleted.
Underlined passages are added.
2003-0-Special Master
1
further recognized a code enforcement system utilizing predetermined fines and special hearing .
officers as an appropriate method of enforcing codes and ordinances pursuant to Chapter 612,
Florida Statutes.
7. Metropolitan Dade Countyv. Hernandez, 708 So.2d 1008 (Fla. 3rdDCA 1998), also
acknowledged that local governments may utilize a special master system and code enforcement
board system concurrently as an appropriate method of enforcing codes and ordinances pursuant to
Chapter 162, Florida Statutes.
8. The City Council of the City of Edgewater desires that under the new citation-
fine/special master code enforcement system established by this Ordinance, special masters shall
have the authority to consider all matters that a code enforcement board would be authorized to
consider.
9. The City Council finds this Ordinance will serve to protect the general health, safety,
and welfare of the citizens of the City of Edge water.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of
Edgewater, Florida:
PART A.
REPEAL ARTICLE X (CODE COMPLIANCE PROCESS) OF
CHAPTER 21 (LAND DEVELOPMENT CODE) OF THE CODE OF
ORDINANCES, CITY OF EDGEW ATER, FLORIDA.
Article X (Code Compliance Process) of Chapter 21 (Land Development Code) is
hereby repealed:
ARTICLE X
CODE CO~ITLIANCE PROCESS
SECTION 21-120 - ENFORCEl\IENT PROCESS
21-120.01 - rmposc . . . . . . .. . " . . . . .. . . . . . . . . . .. .. . . . . . . . . .. ... . .. . .. . .. '.' . ..-7E=t
21-120.02 - EnforcemGl1t rroccdmo ............................................-7E=t
21-120.03 - Conduct ofIIca1illg ...............................................""*'3-
21-120.04 - tioticC5 .............................. ... . . . . . . .. . .. . .. . .. . " . . . . . ~
21-120.05 - Administtative Pincs, Costs of Repairs ................................"""*=5
StIl1Gk t1l1ol1g,h passages are deleted.
Underlined passages are added.
2003-0-Special Master
2
21-120.06 - Liens.. . . . . . . . . . .. . . . . . . . .. . . . . . . . . . .. . . .. . . .. . ... . . .. . . .. . ... . . . ~
21-120.07 - ApPGals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..' . . . . ~
21-120.08 - EffcGt on PGndillg rrojects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~
Sections 21-121 thlough 21-129 lesel "ed fol futUle use.
ARTICLE X
CODE COl\IPLIANCE PROCESS
SECTION 21-120 - ENFORCEl\ffiNT PROCESS
21-120.01 - PUlpo~e
The. pmpose of this Aliide. is to promote., protect and improve. the health, safe.ty and \"VclfMe of tho
citize.ns OftilC City by ernpo\"VcIing the. Code. Enfore.e.ment DOMd (he.reinafter rcJeued to as "CED")
to impose., administt:ative. costs, fine.s and vMious nOll-cIiminal penaltks and to provide fur an
equitable, expeditious and dfcetivc proce.ss to achieve compliance and/or enfOrcement ofthe.la\"Vs,
Codes of Ordinances and statutes in fOlce ill the. City. Notiung in tillS Altiele. shall prohibit 01 limit
the City nom cnforcing the. la\"V S, Codcs ofOrdinance.s and statute.s in force in tile City by any other
means available.. ThG prOvisions of tillS Mide Me. merely an additional me.aIlS of obtaining
Gompliance.
The fullo \"Ving City staff me.mbe.rs Me. he.reby empo \"Vered to e.stablish procedme.s fur tile
imple.m"ntations of tile pro visions of this Artide. - City Manage.r, City AttoIn"y, Codc EnfOlcement
DOM d AttoIl1ey and Chid of the Pir e-Rcsctlc Department. The rImming DcpartmGnt D hector, Code
Compliance officers, Duilding Official, Duilding Inspcctors, Life. Safety Inspectors, rolice Officers
and mlj' OthCI City staff mcmber \"V ho meets thc requircments of Section 162.04(2), Hodda Statutes.
21-120.02 - EnfoH:ement PI ocedUl es
a. Complaints Goncerning possible cod" v iolations may be r ecd v cd by telephone, v oicc mail,
\"VIitten cOIIesponden"e., direct citizen contact, refcrrals nom othe.r City d"partments 01
gOvcuullcntal agcncks or by tilC dhcct observatioll by a code inspcctor. Upon notification
of such complaint, a code inspector \"Vill dGteImine tilC location of the. allege.d violation and
invcstigate the. nattne OftilG compliant. lithe complaint is reccivcd by S0111eon" other than
a codc inspcctor, the codc inspec.tor or staffmembcr assisting tilC codc inspector \"Vill ask fOl
the. name., address and phonc numbcr ofthc pcrson making a complaint. rCrSOnSllot \"Vishing
to revcal that infOlmation \"Vill bc listcd as an "anonymous complaint".
b. A code inspector \"Vill attenlpt to de.termine if a code violation cxists. Obsel vations \"Vill be
made. from public property unle.ss pcrmission is sccmed ftom an O\"Vllcr or tenant to aGcess
private propGrty. ThG code. inspcctOI \"Vill make evcry effort to personally contact tile o\"Vncr
or tcnant of the property \"Vhere the alleged violation exists. If personal contact is not
possible., a "comicsy notice of violation" dcscribing the violation and \"Vhich indudcs a
rcqucst for couecti vC action and scts a reasonable. time name for such action will be left at
thc propcrty. IftilC o\"Vner or tcnant ofthc propcrty \"Vh"re the allcgcd violation exists refuses
Struck tll10tlgh passages are deleted.
Underlined passages are added.
2003-0-Special Master
3
entry to the code inspcctor, the inspector ~illleave thc propCl-ry and rcport the incident to
thcir illunediatc supeIvisoI. Dates and tittleS of such property visits ~ill be. doe.thllcnted.
c. If the code inspcctor has reason to bdicve a violation 01 condition causing the violation
rcprcsents a serious tIn cat to public hcalth, safety and ~dfcl1e or if the, v iolation is incpalable
or tllcversible ill nattl1e" thc codc inspector shall make a reasonable effort to notify the
allegcd violator and may in1nlediatcly request a healing to be scheduled.
d. Pollo~ up inspections ~ill be performed in a timely lllanner in accordance ~ith the time
frame se,t forth in the "comtesy notice of violation". The, code inspee,tor ~ill make a
detcnnination if COllective, action ~as applopriatdy take.n or ~hether the violation ~as
otheH'vise brought into compliance.
e. If the codc inspector detcIluines that the eOIIeeti ve action ~as appropriatdy take.n or ~hethe1
the violation ~as other ~ise brought into compliance, such action takcn including the date
and time of verification, ~ill be included in the case file. If the violation contlnue.s beyond
the time. frame set forth hi the "eot.lrtcsy notice of violation", staff ~ill prcpene a "notice of
, I . "b . '6 d 'I 1 I'
vIa abon to esent, vlaeertl e lIlal ,or l1andde lveredtotheo~ner/tenantofthep1operty.
The "notice of violation" ~ill state the section of the Code that is in violation and the
cOIIective actial1nceded to bring the violation into compliance. The "notice of violation"
~ill state the time period in ~hieh the violatiollmust be cOIIceted or the alleged violator ~ill
be requircd to appeal before the next scheduled CED hCaling. Thc datc, time alld location
of the mecting ~ill be included in thc noticc, The "notice of violation" shall place the
alleged violator on notice. that failmc to achicve. e.omplianee may rcsult ill fincs and the
reco ve.l) of costs associated ~ith those fines as ~dl as the possibility oflicns placcd agalllst
the p10perty.
f. The code hlspce.tor shall re.-inspect the property afteI the pre.scIibed time period of time. fOI
t' t' t i:. ..o.l' .oJ. " . f' I . "If .oJ. d' d'
eOIlee I ve ac Ion se J.Ofw1111 w1e nobe.e 0 v 10 ation. w1e co e 111spectoI etcrmmes that
the pIOperty has not been bIOUght into e.omplianee, the code inspectoI may tah, photographs
of the violation 01 gather othcr e v idene.c indicating that the v iolation still e.xists. Staff will
then schedule the alleged v iolatOI for appe.alanec. befoIe the nc.xt sc.heduled CED meeting.
. h. If the Ietmn recdpt f10m the certified mailing of the "notice of violation hearing" has not
beenretmned to the Coinmtmity Ser viccs Division, the pIOpCrty ~ill be posted ~itha "notice
of violation hearing" no less than ten (10) da,s prior to the scheduled CED meeting.
1. TIle agenda for the CED meeting may bc adveliiscd ill a local nc~spaper of gencral
cir eulation prior to the mcding.
St! t1,k till otlgh passages are deleted.
Underlined passages are added.
2003-0-Special Master
4
J. The CnD membels nmst 1 eed v e the meeting agenda and packet, dtheI by mail 01 hand
deliveled, 110 lateI than SC\7en (7) days pdOI to the meeting.
k. The code inspector ~ill, on the day of the. scheduled he.ating, re.inspect the violation items
cmd report the. findings to the CnD.
1. The. Ce-b ~ill meet on the thiId Thwsday of each month at 5.JO p.m. in the ndge~ateI
Communi~ Cente.I locate.d at 102 North ill veIside. Dti v e, wue.ss de.tennined Othe.I ~ ise. by
the CnD. All meeting datG.s of the. Cr:D ~ill be. adve.ltised in a loe.allle~spaper.
m. If a repe.at violation mee.ting the cIite.da of Sce-tion 1 G2.04(5), Hodda Statute..s, is found, the
code. inspcctOl shallllotify the violator but is not Icqnired to ghe. the. violatoI a Ieasonable
time to COIIeet the violation and shallsehcdule eonsidaation of the matter by the. CnD at the
next sehcdnled meeting. The case may be presented to the. CnD eve.n if the Icpeat violation
has been couccte.d pliO! to thG me.eting and thc noticG to thG v iolatOl shall 50 state.
n. PGlSOnS that ma, bG c.halg<:.d ~ith an allege.d violation may illdude.
1. The. o~ne.I, agent, lessor, leSSGe., contIaGto! or all' OtIKI peIson nsing the. land,
st1tle-tmG or premises ~he.IC. a violation has oCGwIed,
2. Any peIson ~ho kno~ingly commits, takes part in 01 assists in allJ SUdl violation,
or
J. Any pGISOn ~ho maintains any land, stItlGtme. or prGmises in ~hkh a ~ iolation c.xis~.
o. If thG O~nGl of property ~hieh is subjec.t to all enforc.Gnlcnt proceeding bcfole the cnD
tIansfrIs o~ncIship of such propcIty bGt~ccn tile time. theinitialnotke ~as pro vidcd and the
time ofthc healing, SUGh o~nc.r shall pro v ide the-notiGGs as reqnired by Scc.tion IG2.0G(5),
Hodda StattrtGs.
21-120.05 - Conduct ofIIeaIing
a. Thc codG inspcGtOI IGsponsibk for the c.asG shall pIGSent th<:. <:.a5e bGforc thG CnD. The code
inSpe.CtOl may seck assistanc.c. of Ci~ staff hI v olv cd in thG casG and thG CnD attorney.
b. ThG CnD shall take. s~orn tGstinlony fIom all palties and may heal alry additional IdovaIrt
infolmation relating to tile c.asG. All testimony shall bG rceO!ded. Pormal r tlks of G v idGnce
shall not apply, but fundalncntal due proc.GSS shall be obsc.! vGd and shall go vom the healing
pr occedings.
e. The alkgcd v iolatOI has the right to appeal in pGIson bcJOIe thc cnD to tc.stify pe.r50nally and
presGnt otheI GvidGnce. Ie.kvaltt to thG matte.1 unde.I conside.Iatioll by the. CDD, to subpoena
~itnessGs to testify at tIlG healing alld to bG Ieple.SGntcd bcfOIe. the. CDD by legal eowlscl of
his 0 ~n choosing at his 0 ~n cxpe.nsc.
d. At the. condusion of the he.Ming, tile. CnD shall issue. findhlgs of fact based 011 e.videnGc of
leGord and Gondusiolls ofla~ and shall issue. all olde.r affOldillg compliance. in accOldance
StIuck tllJotl~h passages are deleted.
Underlined passages are added.
2003-0-Special Master
5
with po~ers gH'tlltt.d in Scc.tion 21-86.
e. The. order ~ill spedt; a date by ~hkh the violation must be eoneeted and that a fme may
be imposcd and as ~dl as an additional ehatge to the O~l1er for any costs ineuued by the
City to bring the violation into eOfilplianGe in tIl" event stich compliance is not met by a
spccific date.
f. A certified cop, of such order shall be recordcd iu tile public records of V olusia Cotmty and
shall eonstitutc notice to aI1'Y subsequent pmchasels, successors in inter cst or assigns, and
tenants ofthc property ~hc.re the violation has been dted.
g. If an order is reeorded in tile public lecords of\' olusia County in accordance ~ itIl this Artide
and tile. order is complied ~ith by tile specified datc, tile CEll shall issue an order
ackno ~ ledging compliance tIlat shall also be recOIded in tile public records. A sepatatc CED
hearing is not rcquited to issue such an order ackno~ledging compliarlee.
h. If the City prevails in prosecuting a ease before tile CED, the. City shall be entItled to recover
all costs incUIred in prosecuting said ease.
21-126.64 - Notices
a. All notices r equir cd b, tIus Article ~ill be provid"d to the alleged violatOI by certified mail
~ith retmnreedpt requc.stcd, by hand delivery by a code il1spector or by leaving the notice
at the violator's usual place of residence ~ith auy person lesiding thereitl ~ho is at kast
eighteen (18) Y Cat s of age and has been informed of the contents of tile notke. Evidence tIlat
an attempt has been made to mail or hand ddi v er the notice shall be. sufficient to sho ~ that
the notice. requireme.nts have. bcen met, ~ithout regard to ~hetIle.r the allege.d violator
Iced ved such notice.
b. In addition to pro v iding notice as set forth abo vc, notice ma, also be ser ved by publication
or posting as follo~s.
1. Such notice shall be. published OllCe. dming e.ach ~cek foI foUI (4) consecuti ve. ~ce.ks
itl a ne.~spaper of general circulation in Volusia Cotl11'ty ~hich me.ets the
Icquirements as pIcscribed by Chapte.I 50, Plorida Statute.s, for lc.gal and official
adve.rtise.me.nts. fIoof of publication shall be mad" as prOvided in accOIdatlce. ~ith
Scctions 50.041 arid 50.051, Florida Statutes.
c. Inlku of publication as de.se.ribcd in subsee.tion (a), such notice fila, be posted for at least
te.11 (10) days in at least t~o (2) locations, one. of ~hie.h shall be. the propcrty upon ~hich the
violation is alleged to exist and the othc.r being Edgc~at"r City Hall. froor of posting shall
be by affidavit oftllc person posting such llotkc and shall indue. a copy oHIle notice posted
and the dates, times and loe.ations of posting.
d. Notice by publication 01 posting may nUl eoneUIrent1y ~itIl, or may follow, attc.mpts to
pro v ide notice in other manners dcse.ribed in this section.
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21-120.05 - Adminishati'lIe Fines, Costs ofRepai15
a. The CnD, upon notification by a code inspector that an order of the. CnD has not bee.n
complied with by the, se.t tIme., or upon finding that a rcpcat violation has bee.n committed,
may ordCl the violator to pay a fine. in an amount and in accordancc with the provision of
Se.ction 162.09, Plorida Stattrtes.
b. In addition, the. CnD may notify the, City Manager if an older to comply is 110t completed
within thc specified time. fHulle. The City Managel may autholize le.asonable re.pailS which
ate. require,d to bring the ploperty into compliance,. These e,osts will bc charged to the
violato!. Making such repatls docs not create a continuing obligation on thc part of the Cit)'
to make other repairs or to maintain the property and docs not create any liability against thc
City fol any darnage.s to the plopcrty if such lcpails werc completed in good faith.
c. In de,teunining thc amOUllt of the fine, if arry, the CED will c.onsider the following factors.
d. The C:CD may leduee a fine imposed pwsuant to tillS AI tide, unless there is a licn imposed
rdating to the fInc. In such cascs, the CED or City Council may execute a lien satisfaction
01 lien rde.asc docttlllcnt.
e.. A fiuc imposcd pttlsuant to this Article shall continue to aCCItle. until the violator comes into
compliat1ce 01 ttlltiljudgmcnt is Ie.ndcrcd in a suit filed pttlsuant to this section, whie.he.ve.1
oe.CttlS first.
f. A certified cop)' of arl ordel imposing a fme or a fine. plus Icpair costs, shall be lecOlde.d in
the. public lee.ords of Y olusia Col:lnty and thcreaftel cOllstitute. a lierl against the land on
whkh the. violation cxists atld upon any OthCI real 01 pe.rsonal ploperty owned by tile
violato!. City staff will notify tile ownel of such liCll.
g. Uponpe.tition to thc Circuit Court, such olde.r shall be cnfolceable as ifit is a courtjudgmcnt
by tile Col:lnty She.riff, induding levy against thc pcrsonal pIOpe.rt:y ofthe violator but such
ordcl shall not be. dee.med a court judgment except fol enforccment pttlpose.s.
21-120.0G - Liens
a. A lie.n arising flom a fine imposed pttlsuant to this Artide luns in favol of tile City, the CED
01 tile. City Cottlleil, and GitiIel may cxeeute a satisfaction orldease. of the lie.n.
b. Aftel three. (J) months from the filing of any licn which remains tmpaid, the City Cotmdl
may authorize the. City AttOUlCY to foredose. on the lie.n 01 to file. suit to re.covel a money
judgmcnt ful the anlOtmt of the lkn plus aGCItlcd inte-rcst.
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e. No lien GIGatcd pmsuant to the provisions of this section may be foreclosed on real property
which is a homestead mId,r Section 4, Article X of the State Constitution. The money
judgment provisions of this section shall not apply to real propelty 01 personal which is
cOvered t1t1.del Section 4(a), Atticle X of the State Constitution.
d. The dutation and eoritinuation oflkns shall bc in accOIdance with Sectio111G2.1O, Horida
Statutes.
e. In an action to foreclose on a lien or fur a nlOl1ey judgment, the prevailing party is entitled
to leCOvel all costs, including are.asonable attorney's fee that arc incU1red duting that action.
f. The City shall be, entitled to e.ollect all costs incutled in recording and satisfy ing a valid lien.
g. The CIerk is authorized arld empowered to issue certified copies of the CED's records.
h. Actions flom money judgments t1t1.dcr this Attic-Ie may be ptl1sued on fmes le~ied after
October 1,2000.
21-120.07 - Appeals
An aggrieved party may appeal the decision of the CED to the City Coutlcil. following
cOllsideration by the City COutlcil, arl aggrieved party, including the. City, may appeal an order of the
CED to the Circ.uit COU1t in the furm and manner proscribed by the COU1t. Such an appeal shall not
be a healing dc novo, but shall bc.limited to appcllatc review ofthc record created before the CED.
An appe,a1sha11 be filed in Miting to thc CED ~ithin thirty (30) days of execution oft11c ordel to be
appealed.
21-120.08 - Eff~d On Pending Ploject~
The City Manager may stlSpend considcration of any application for de v clopl11ent appro val regal ding
propcrty that is the subject of a code Gllforeemcnt action. Such suspension shall remain in effect
until the v iolation is in compliallce arld arry outstanding fme/lien is satisfied.
Sections 21-121 thlOUgh 21-129 lesel ~ed fOI futule use.
PART B.
ENACTMENT OF A NEW ARTICLE X (CODE COMPLIANCE
PROCESS) OF CHAPTER 21 (LAND DEVELOPMENT CODE) OF
THE CODE OF ORDINANCES, CITY OF EDGEW ATER, FLORIDA.
Article X (Code Compliance Process) of Chapter 21 (Land Development Code) to
read as follows:
ARTICLE X
CODE COMPLIANCE PROCESS
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SECTION 21-120 - GENERAL PROVISIONS
21-120.01 - Intent
Uti It is the intent of this article to promote. protect. and improve the health. safety and welfare
of the citizens of the City by providing an equitable. expeditious. effective and inexpensive
method of enforcing the various codes of the city.
(Q) The provisions of this article are intended to provide an additional and supplemental means
of enforcing the laws. Codes of Ordinances and statutes in force in the City. and nothing
contained herein shall prohibit the City from enforcing its codes or ordinances by any other
means available. specifically including. but not limited to Parts I and II. of Chapter 162.
Florida Statutes.
liD. All active code enforcement complaints for which a Notice To Appear has been issued as of
the effective date of this Ordinance shall continue to be prosecuted through the Court system.
All pending code enforcement complaints in which a Notice to Appear has not been issued
and all future complaints shall be prosecuted through the special master system created
herein.
21-120.02 - Definitions
The following words. terms and phrases. as used in this article. shall have the meanings
respectivelv ascribed to them in this section. unless the context clearly indicates otherwise:
City Attornev means the City Attorney of the City.
City means City of Edgewater. Florida
Code means the Code of Ordinances. the Land Development Code. and all other ordinances
of the City of Edgewater.
Code Comvliance Officer shall mean the City Manager. Assistant City Manager. Chief
Building Official. Electrical Inspector. Code Compliance Supervisor. Code Compliance Officer(s).
Fire Safety Inspector(s). Law Enforcement Officers. and any other person designated in writing by
the City Manager.
Law Enforcement Officer shall mean any person who is elected. appointed. or employed full-
time by a municipality or the state or any political subdivision thereof: who is vested with authority
to bear arms and make arrests: and whose primary responsibility is the prevention and detection of
crime or the enforcement of penal. criminal. traffic. or highway laws of the state.
Person means any natural person. corporation. partnership. or other entity.
Reveat violation means a violation of a provision of a code or ordinance by a person who has
previously been found to have violated the same provision within five (5) years prior to the violation.
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21-120.03 - Special Master
@.l The City is hereby establishes a special master/citation code compliance process for
the enforcement of its various codes. In order to avoid any potential conflict of it is
preferably for a special master not be a resident of the City. own real property in the
City or own a business with a location in the City. This requirement can be waived
by the City Council. Special masters may be a retire iudge or an active or retired
lawyer. One or more special masters shall be appointed by the City Council based
upon the ioint recommendation of the City Attorney and City Manager. Special
masters shall serve at the pleasure of the City Council and be removed at anytime
with or without cause by the City Council. Special masters shall serve on a volunteer
basis and shall not be compensated for their services. but mav be reimbursed for such
traveL mileage. and per diem expenses as may be authorized by the City Council or
as other wise provided by law.
ill A special master. shall have the power to:
ill Adopt rules far the conduct of hearings.
ill Special masters shall have the authority to hold hearings and assess fines
against violators of the various codes of the City.
ill Subpoena alleged violators and witnesses to the hearing. Subpoenas may be
served by any law enforcement officer of the City or as otherwise permitted
by law.
ill Subpoena evidence to the hearings.
ill Take testimony under oath.
@ Issue orders having the force of law to command whatever steps are
necessary to bring a violation into compliance with City codes or ordinances.
However. any orders that require that City to expend monev or directs City
employees to perform work. ie. demolition or repair of a structure. must be
approved by the City Manager or City Council.
SECTION 21-121 - ENFORCEMENT PROCESS
21-121.01 - Enforcement Procedure
ill} It shall be the duty of the code compliance officer to investigate complaints of
violations of City codes and to initiate enforcement proceedings relative thereto.
Special masters shall not have any independent authority to conduct their
investigation of such complaints or to initiate enforcement proceedings.
ill Except as provided in subsections Ce) and Cf) of this section. if a violation of a code
is found. the code compliance officer shall notify the violator and advise him or her
of the nature of the violation and shall give the violator a reasonable time to correct
the violation. However. a "fire safety inspector" as that term is defined in Section
633.052. Florida Statutes. shall provide the violator a minimum time period offorty-
five (45) days to correct the violation except for maiar structural changes. which may
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2003-0-Special Master
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be corrected within an extended adequate period of time. A safety violation as per
Florida Fire Prevention Code may be ordered to comply in less than forty-five (45)
days. In the event the violation continues to exist beyond the time specified for
correction. the code compliance officer shall issue a citation to the violator in
accordance with the requirements of section 21-121.02. which shall include the
applicable civil fine prescribed in section 21-121.05 of this article. and the date. time
and place of the special master hearing regarding the code violation.
(2l The violator mav elect to pay the fine at any time orior to the special master hearing
or contest the violation. Ifthe violator elects to pay the fine prior to the special master
hearing. it will be deemed as an admission of the commission of the violation. and
an order may be issued by the special master to that effect. If the violator elects to
contest the violation. the matter will be scheduled for a hearing before a special
master. Further. if a violator fails to pay the fine prior to the special master hearing
or fails to appear at the hearing to contest the violation. the violator shall be deemed
to have waived his or her right to contest the violation and anv such case. a special
master may enter an order against the violator imposing a fine in an amount up to the
maximum fine in accordance with section 21-121.04. Written notices of such hearing
shall be hand delivered or mailed as provided in section 21-121.02. At the option of
the special master. notice of the hearing may additionally be served by publication
or posting as provided in section 21-121.07. If the violation is corrected by the time
specified for correction by the code compliance officer. the case may be presented to
the special master even if the violation has been corrected prior to the hearing. and
the notice shall state.
@ It is the responsibility of the violator to notify the City that the violation has been
corrected. The violation will be deemed to have continued until the code compliance
officer has determined that the violation has been corrected.
W If a repeat violation is found. the code compliance officer shall notify the violator and
advise him or her of the nature of the repeat violation. but is not required to give the
violator a reasonable time to correct the repeat violation. The code compliance
officer shall. upon notifying the violator of a repeat violation. issue a citation to the
violator in accordance with the requirements of section 21-121.02. which shall
include the applicable civil fine prescribed in section 21-121.05 of this article. and
the date. time and place of the special master hearing regarding the code violation.
Notice of the hearing shall be provided to the violator pursuant to section 21-121.07.
The violator may elect to pay the fine at any time prior to the special master hearing
or contest the violation. However. the case may be presented to a special master even
if the repeat violation has been corrected prior to the hearing a special master may
determine and impose. as cost against the violator. reasonable enforcement fee's
incurred by the city. The repeat violator may choose to waive his or her rights to this
hearing and pay said costs as determined by the special master. The special master
shall also have the authority to levy a per day fine beginning on the day that the
violation was first observed by the code compliance officer.
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ill If a code compliance officer has a reason to believe a violation presents a serious
threat to the public health. safety and welfare or if the violation is irreparable or
irreversible in nature. a code compliance officer shall make a reasonable effort to
notify the violator ofthe same and may immediately issue a citation and schedule the
matter for a hearing before a special master.
(g) Any code compliance officer or employee identified and authorized in writing by this
code or the City ManaQ:er is herby authorized to issue a citation to a person when
based upon personal investigation. the code compliance officer has reasonable cause
to believe that the person has committed a violation of a duly enacted code.
fhl Each day that a violation exists shall constitute a separate violation for the pm:pose
of assessing a fine by a special master.
ill All fines imoosed pursuant to this article shall be paid to the City through its Finance
Department and shall be paid by cash or check with coins only being accepted for any
amounts which may require change to pay the exact amount.
21-121.02 - Notice of Violations: form and content of citations
.ill} Notice of violation. Prior to issuing a citation. A code compliance officer shall
provide notice to the person that the person has committed a violation of a code and
shall establish a reasonable time period within which the person must correct the
violation. However. a "fire safety inspector." as that term is defined in Section
633.052. Florida Statues. shall provide a minimum time period of at least forty-five
(45) days Within which to correct the violation.
ill Issuance of citation. If. upon personal investiQ:ation. a code compliance officer has
reasonable cause to believe that the person has not corrected the violation within the
prescribed time period. a citation may be issued to the person who committed the
violation. A code compliance officer does not have to provide a repeat violator with
a reasonable time period to correct a repeat violation prior to issuing a citation. and
mav immediately issue a citation if a repeat violation is found to exist or if there is
reason to believe that the violation presents a serious threat to the public health.
safety or welfare. or if the violation is irreparable or irreversible.
ff} Contents of a citation. A citation issued by a code compliance officer shall be in the
form prescribed by the City and shall contain:
ill The date and time of issuance.
ill The name and address of the person to whom the citation is issued.
ill The date and time the violation was first observed.
ill The section of the code that has been violated and a description of the nature
of the violation.
ill The applicable civil fine.
@ The necessary corrective action.
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ill The name. work phone number and work address of the code compliance
officer.
00 That it is the responsibility of the person to contact the City for an inspection
when the violation is corrected and that the violation will be deemed to be in
existence until the code compliance officer determines that the violation has
been corrected.
ill The procedure for the person to follow in order to pay the applicable civil
fme or to contest the citation: and. that if the person elects to pay the fine. it
will be deemed as an admission of the commission of the violation.
am That if the person fails to pay the fine. the violation will be scheduled for a
hearing before a special master. and the date. time and place that said hearing
will be conducted.
.Q..D A conspicuous statement that if the person fails to appear at the special
master hearing to contest the violation. the person shall deemed to have
waived his or her right to contest the violation and that. in such case. an order
may be entered against the person for an amount up to the maximum civil
fine in accordance with section 21-121.05.
@ After issuing a citation to an alleged violator. the code compliance officer shall
deposit the original citation in a file for the special master. and shall deposit one copy
thereof with the City's Finance Director.
W Any person who willfullv refuses to sign and accept a citation issued bv a code
compliance officer shall be guilty of a misdemeanor of the second degree. punishable
as provided in Section 775.082 or 775.083. Florida Statutes.
21-121.03 - Conduct of Hearing
W Special master hearings should be held once a month. but may be held more or less
often as the demand necessitates. Minutes shall be kept of all special hearings and
all such hearings shall be open to the public. The City Manager or his designee shall
provide clerical and administrative personnel as may be reasonablv required for the
proper performance of his or her duties. At any hearing. a special master may
continue any matter to a future hearing date.
.au. Each case before a special master shall be presented by a code compliance office. a
member of the city administrative staff. or the City Attorney. any Assistant City
Attorney. or any special counsel. The City Attorney may present the case before the
special master or serve as council to the special master. but cannot perform both
functions on a single case. If the City prevails in prosecuting a case before a special
master. it shall be entitled to recover all costs incurred in prosecuting the said case
and such costs may be added to the fine and become part of any lien authorized under
section 21-121.04.
~ A special master shall proceed to hear the cases on the agenda for the respective
hearing. All testimony shall be under oath and shall be recorded. Formal rules of
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evidence shall not apply. however fundamental due process shall be observed and
shall govern all proceedings. Both the City and the alleged violator shall have the
right to subpoena witnesses to testify at the hearing.
@ A special master shall advise the alleged violator of the section of the code of which
he or she is accused of violating and nature of the violation. A special master shall
fIrst seek to determine whether or not the alleged violator admits the violation. If the
alleged violator admits the violation. the special master shall hear such testimony and
evidence as he or she deems necessary to determine the extent of the violation and
appropriate fine amount. If the alleged violator denies the violation. the special
master shall hear fIrst from the City and any city witnesses and evidence. and the
alleged violator shall have the right to cross-examine city witnesses. At the close of
the presentation of the City's case against the alleged violator. the violator shall be
permitted to present his evidence. testimony of other witnesses and his own
testimony in his defense. The City shall have the right to cross-examine the alleged
violator and his or her witnesses. The City shall have the burden of proving the
violation by a preponderance of the evidence.
llU At the conclusion of the hearing. the special master shall issue findings of fact and
conclusions onaw and order imposing fme based on the evidence of record. and shall
issue an order affording the proper relief consistent with the powers granted herein.
The order may include a notice that it must be complied with by a specifIed date. that
a fme may be imposed for noncompliance. and the cost of repairs may be included
along with the fine under the conditions specified in section 21-121.04 if the order
is not complied with by the prescribed date. A certified COPy of such order may be
recorded in the public records of V olusia County and shall constitute notice to any
subsequent purchasers. successors in interest or assigns if the violation concerns real
property. and the findings therein shall be binding upon the violator and. if the
violation concerns real t;>roperty. any subsequent purchasers. successors in interest or
assigns. Upon compliance and payment of the fine. the city shall record an order
acknowledging compliance of the code violation and satisfaction of the fine. A
hearing is not required for the issuance of such an order acknowledging compliance.
21-121.04 - Administrative Fine and Liens
uu Order imoosinf! fine. Any special master. upon notification by a code compliance
officer that a previous order of a special master has not been complied with by the
prescribed time or upon finding that a repeat violation has been committed. may
order the violator to pay a fine in an amount specified in this article for each day the
violation continues past the date set by the special master for compliance: or in the
case of a repeat violation. for each day the repeat violation continues to exist.
beginning with the date the repeat violation is found to have occurred by the code
compliance officer. Further. if the violation is a violation described in section 21-
121.01. the special master shall notify the City Manager or City Council. which may
authorize and make all reasonable repairs that are required to bring the property into
compliance. and the reasonable cost of those repairs may be charged against the
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violator along with any fine imposed pursuant to this article. If a finding of a
violation or a repeat violation has been made as provided in this part. a hearing shall
not be necessary for issuance of the order imposing the fine. If. after due notice and
hearing. the special master fmds a violation to be irreparable or irreversible in nature.
the special master may order the violator to pay a fine as specified in subsection (b).
ilil Amount affine. A special master may impose the applicable civil fine prescribed in
section 21-121.05 of this article. or may determine and impose a fine up to the
maximum amount described in this subparal!raph as provided below
ill A fme imposed pursuant to this section shall not exceed two hundred fifty
dollars (253.00) per day for the first violation and shall not exceed five
hundred dollars ($500.00) per day for a repeat violation: and. in addition
thereto. may include all costs of repairs pursuant to subsection (a) of this
section. However. if a special master finds the violation to be irreparable or
irreversible in nature. he or she may impose a fine not to exceed five
thousand dollars ($5.000.00) per violation.
ill In determining the amount of the fine. if any. a special master shall consider
the following factors:
a. The gravity of the violation:
b. Any actions taken by the violator to correct the violation: and
c. Any previous violations committed by the violator.
ill Each day a violation exists shall constitute a separate violation for the
purpose of assessinl! such a fine.
uu Reduction of the fine. Once a violation has been brought into compliance. a special
master may reduce any fine imposed pursuant to this article.
@ Lien for unvaid fine. A certified copy of the findings offact. conclusions onaw and
order imposing fine may be recorded in the public records of V olusia County and
shall thereafter constitute a lien al!ainst the land on which the violation exists and
upon any other real or personal property owned by the violator. Upon petition to the
circuit court. such order may be enforced in the same manner as a court judgment by
the sheriffs ofthis state. includinl! levy against the personal property. but such order
shall not be deemed to be a court judgment except for enforcement purpose. A fine
imposed pursuant to this section shall continue to accrue until the violator comes into
compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant
to this article. whichever occurs first. A lien arising from a fine imposed to this
section runs in favor of the City and the City Manager may authorize the execution
of a satisfaction and release of lien entered pursuant to this article. No lien created
pursuant to the provisions of this section may be foreclosed on real property that is
homestead under Section 4. Article X of the Florida Constitution.
21-121.05 - Classification of Violations and Civil Fines
The following classifications of violations and corresponding civil fmes shall be as follows:
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Classification
Class I
Class II
Class III
Class IV
First Offense
$ 53.00
$ 108.00
$ 253.00
Mandatory Court Appearance
Each Repeat Offense
$ 108.00
$ 253.00
$ 450.00
21-121.06 - Schedule of Civil Fines
Any violation of any of the following provisions shall be 'classified and shall carry the
corresponding civil fine prescribed in section 21-121.05. Any offence that is not specified shall be
classified as a Class I offence and shall result in the applicable civil fine thereto.
Table 1
Code of Ordinances
Classification/Fines
Chapter Title and Costs
Chapter 3 Advertising Si~ns I
Chapter 4 Alcoholic Bevera~es PD Fine
(can Code write?)
Chapter 5 Animals and Fowl Specific Fine Schedule
Chapter 6 Boats. Docks and Waterways Specific Fine Schedule
(can Code write Sec. 6-5? Where to pay?)
Chapter 7 Buildin~ and Construction. Fire Safety I
Section 7-325 II
Chapter 10 Health and Sanitation I
Chapter 11 Occupational Licenses. Taxes and Re~lations II
Section 11-2 Specific Fine Schedule
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Section 12-4 Specific Fine Schedule
Section 12-77 Specific Fine Schedule
Challter 12.5 Parks and Recreation Specific Fine Schedule
Chapter 15 Streets and Sidewalks I
Section 15-2 Specific Fine Schedule
Section 15-5 II
Chapter 19 Utilities and Services (sec. 19-29. 19-39, 19-52?) I
Section 19-2 II
Section 197-74 Specific Fine Schedule
Chapter 19.5 Vehicles for Hire I
Section 19.5-6 , II
Section 19.5-12 II
Section 19.5-28 Specific Fine Schedule
Section 19.5-39 Specific Fine Schedule
Section 19.5-42 Specific Fine Schedule
Chapter 21 Land Development Code I
Article III Permitted. Conditional. Accessory. and I
Prohibited Uses
Section 21-37.01 - 21-37.08 II
Article IV Resource Protection Standards I
Section 21-41.03 II
Article V Site Design Criteria I
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Section 21-53.02 II
Section 21-55.02 II
Section 21-56.04 - 21-56.06
Article VI Sien Reeulations I
Article IX Applications Procedure
Section 21-102 Mining Permits Only II
Article X Code Compliance Process I
Article XII Telecommunication Towers I
Article XIV Historic Preservation I
Section 21-189 II
Article XVI Fire and Hazard Prevention I
21-121.07 - Notices
W All notices required by this article shall be provided to the alleg:ed violator by
certified maiL return recei1?t requested to the address listed in the tax assessors office
for tax notices. or bv hand delivery by the sheriff or other law enforcement officer.
or code compliance officer. or by leaving the notice at the violator's usual place of
residence with any person residing therein who is above fifteen (15) years of age and
informing such person of the contents of the notice. In the case of commercial
property. the notice may be provided to the manager or other person in charge.
Further. in the event notice is provided by certified maiL return receipt requested and
acceptance of such notice is refused or is returned to the city. and additional notices
is provided using the same address by regular U.S. mail delivery and said additional
notice is not returned to the city. a rebuttable presumption shall arise that the violator
has received notice of the violation.
.au In addition to providing notice as set forth in subsection (a) notice may also be served
by publication or posting. as follows:
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2003-0-Special Master
18
ill Such notice shall be published once during each week for four (4)
consecutive weeks (four (4) publications being sufficient) in a newspaper of
general circulation in Volusia County. The newspaper shall meet such
requirements as are prescribed under Chapter 50. Florida Statutes. for legal
and official advertisements. Proof of publication shall be made as provided
in Sections 50.041 and 50.051. Florida Statutes.
ill In lieu of publication as described in paragraph (b) (1). such notice may be
posted for at least ten (10) days in at least two (2) locations. one of which
shall be the property upon which the violation is alleged to exist and the other
of which shall be at City Hall. Proof of posting shall be affidavit of the person
posting the notice. which affidavit shall include a copv of the notice posted
and the date and places of its posting.
ill Notice by publication or posting may run concurrently with. or may follow.
an attempt or attempts to provide notice by hand delivery or by mail as
required under subsection (a). Evidence that an attempt has been made to
hand deliver or mail notice as provided in subsection (a). together with proof
of publication or posting as provided in subsection (b). shall be sufficient to
show that the notice requirements of this article have been met. without
regard to whether or not the alleged violator actually received such notice.
~ The provisions of this section shall not apply to the enforcement. pursuant to Sections
553.79 and 553.80. Florida statutes. as amended from time to time. of the building
codes adopted pursuant to Section 553.73. Florida Statutes. as they apply to
construction. provided that a building permit is either not required or has been issued.
F or purpose of this section. "building codes" mean onlv those codes adopted pursuant
to Section 553.73. Florida Statutes.
21-121.08 - Appeals
Except as otherwise provided herein. an aggrieved party. including the City. may appeal a
final administrative order of a special master by certiorari to the Circuit Court of V olusia County.
Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record
created before the special master. An appeal shall be filed within thirty (30) days of the execution
of the order to be appealed.
21-121.09 - Duration of Lien
No lien provided by this article shall continue for a period longer than twenty (20) years after
the certified copv of an order imposing a fine has been recorded. unless within that time an action
to foreclose on the lien is commenced in a court of competent iurisdiction. In an action to foreclose
on a lien. the city is entitled to recover all costs. including a reasonable attorney's fee. that it incurs
in the foreclosure. The City shall be entitled to collect all costs incurred in recording and satisfying
a valid lien.
21-121.10 - Reserved
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2003-0-SpeciaI Master
19
Sections 21-122 throu~h 21-129 reserved for future use.
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.
PARTE.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts C through F shall not be codified.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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2003-0-Special Master
20
PART G.
ADOPTION.
After Motion by
and Second by
, the vote on the first reading of this ordinance held on
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
21
, 2003, was as
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
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2003-0-Special Master
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
F or 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-Special Master
day of
,2003.
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 _ day
of , 2003 under Agenda
Item No.
22
.',
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Special Master and Citation
proposal
~
Edgewater Fire-Rescue
Community Services Division
Cornmunty ScrW:u OMIIlon of
E~l!I'~UCUIt .
I.
Vision Statement
. Alternative methods are being explored to
increase levels of compliance by giving officers
additional resources to gain compliance.
. Additionally the potential exists to utilize a
Special Master to hear animal control related
cases as well as appeals to local ordinance
citations Issued by City police officers.
CommWlty SetWu OMIIlon of
--~
Goals and Objectives
. Speed up compliance by shortening the
enforcement system requirements
. Create structure for consistent
administration of penalties
. Recovery of public costs such as
advertising, staff hours and case
preparation
Communty Sertk:er. 0Msi0n of
Edgcw.ter Fft-ReIQIC
City of Edgewater - Special Master
proposal
,
1
~.
m
Today's Situation
. Two full time code officers respond to
verbal and written complaints as well as
work on targeted areas of the City to
gain compliance
. Current procedures have several steps
that lengthen time from violation to Code
Board hearing
CommLroIty 5ervlcu DMIlon of
-.....-
il
How Did We Get Here?
Edgewater Fire-Rescue has been overseeing the
City's Code Compliance Division since June of
2001. A large number of cases have not been
brought before the Code Board during that time,
in great part due to the lengthy time a violator
can work through the "system" before
complying just prior to their hearing.
c-wnunty 5eMcel DM~ of
fdQ~lIiffh"RUCUlI
'"
Current Code Compliance
Process
. Complaint received by various methods
. Initial inspection with courtesy notice
. Follow up inspection to courtesy notice
. If no compliance - notice of violation via
certified mail or hand delivery
. If no compliance - notice of violation
hearing via certified mail or hand delivery
Comm~ Setvlces OMJlon of
Edg~terFn-ltUCl>C
City of Edgewater - Special Master
proposal
.~.
2
-J
-..
Proposed special master
process
. Complaint received
. Notice of violation provided with date for
compliance
. No compliance - issuance of citation with
applicable fine and corrective action required
. Fine can be paid or citation contested before
Special Master
. Fine not paid or no compliance - hearing
scheduled before Special Master
Comnwntyo SeM::u OiYisiDn fII
_.....~
;~
Available Options
. Replace/supplement the existing Citizen's
Code Enforcement Board with a Special
Master to hear Code Compliance violation
cases
. Add the ability to issue citations to Code
Officers
. No change to existing system
Comrnunty ScMcelI OMsiDn of
EclQ-t. Fft-fI.~
;ij
Recom mendation
. Adopt an ordinance containing both
Special Master and citation powers
Communty SeMceJ 0Ms1on 01
~ter Fn-Il.acue
City of Edgewater - Special Master
proposal
t
3