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06-03-2002 o o Voting Order Councilman Brown Councilman Vincenzi Cow1ciloomanRJux/es Counciloomanlichter Mayor Schmidt .. AGENDA CITY COUNCIL OF EDGEW A TER REGULAR MEETING June 3, 2002 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES A. Regular Meeting of April 1, 2002 B. Regular Meeting of April 15, 2002 C. Regular Meeting of May 6, 2002 3. PRESENT A TIONSIPROCLAMA TIONSIPLAQUES/CER TIFICA TES/DONA TIONS A. Proprietors of Brown' s Book Store presenting Det. John Taves as officer of the Quarter and Darlene Saltsman as Employee of the Quarter. 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. Public Hearing, Development/Subdivision Agreement and preliminary plat approval for a 97 lot single-family home subdivision on 26.3 acres located west of US 1 and south of the Silver Ridge subdivision. B. 2nd Reading, Ord. No. 2002-0-08, amending Articles XV (Airports) and XVI (Fire and Hazard Prevention) of the Land Development Code. C. Res. No. 2002-R-13, Luis Geil, authorized agent for John R. and Eugene Browning, requesting abandonment/vacation of a right-of-way being 50 feet wide by approximately 165.54 feet in length known as the 19th Street right- of-way extending between the westerly right-of-way line of Hibiscus Drive to the easterly right-of-way line of a 15-foot alleyway. D. Res. No. 2002-R-14, adoption of changes in the Schedule of Fees and Civil Penalties related to Water Conservation Violations. 7. BOARD APPOINTMENTS A. V olusia Growth Management Commission - Mayor's appointment to fill an expired term. B. Planning & Zoning Board - Mayor's appointment to fill an expired term. 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. Event License Agreement - staff recommending approval for Mayor to execute the Agreement for the use of vacant property located at the corner of Lamont and N. Ridgewood for parking during the July 4th fireworks display. B. Event License Agreement - staff recommending approval for Mayor to execute the Agreement for the use of vacant property located at the corner ofE. Palm Way and S. Ridgewood for parking during the July 4th fireworks display. C. Surplus Items - staff recommending approval to declare a list of items as surplus and allow for disposal by auction, donation or trash disposal. o o ," City Council Agenda June 3, 2002 Page -2- 9. OTHER BUSINESS A. Special Activity Permit- Edgewater Fire Rescue Association, Inc. requesting a Special Activity Permit to hold a 4th of July Celebration along Riverside Drive. (Removed from May 20,2002 agenda.) 1) Waiver of Noise Ordinance - staff requesting waiver to allow for live bands to entertain at Menard-May Park and a fireworks display over the Indian River. (Removed from May 20, 2002 agenda.) 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 11. CITIZEN COMMENTS/CORRESPONDENCE 12. ADJOURN. Notes: 1) Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to five minutes or less. 2) All items for inclusion on the June 24, 2002, agenda must be received by the City Manager's office no later than 4 :30 p.m. Monday, June 17, 2002. 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. :ejrn F:\agendas\060302.reg '-> o o Liz McBride Page 1 of 1 "Joann Richard" <Imcbride@cityofedgewater.org> Tuesday, May 21,20022:11 PM Officer/Employee of the Quarter I1~C 1141' I ~/"~D C. 71IJII} IIy ~ :< CJf)C/f) ~er .S.\\. From: To: Sent: Subject: Hi Liz, Please put Del. John Taves and Telecommunicator Darlene Saltsman on the next agenda for the June 3rd Council meeting as Officer and Employee of the Quarter. To be presented by proprietors of Brown's Book Store. Thanks. JoAnn 5/21/02 o '-> o ~ ,.~. AGENDA REQUEST Date: Mav 28, 2002 PUBLIC HEARING 6-03-02 RESOLUTION ORDINANCE OTHER BUSINESS CORRESPONDENCE CONSENT ITEM DESCRIPTION Development/Subdivision Agreement and preliminary plat approval for a 97 lot single family home subdivision on 26.3 acres located west of U.S. Highway I and south ofthe Silver Ridge subdivision. BACKGROUND The applicant is requesting Development/Subdivision Agreement and preliminary plat approval for this 97 lot subdivision to be known as Majestic Oaks. The majority of the lots are 60 x 1I5-feet in size. The northernmost lots have a conservation easement of 45-feet in width. There is currently no zoning associated with this parcel due to a court order from 1988. This project does have a Development Agreement and will also have a homeowners association. CURRENT USE: Vacant. PROPOSED USE: A 97 lot single family home subdivision. SURROUNDING AREA: Current Use Future Land Use Map Zoning District Desi2nation North Single Family Residential Low Density Residential R-I(Single Family Residential) East Mobile Homes I Vacant! Medium Density MH-I(Mobile Home Park) Single Family Residential Residential I Commercial B-3 (Highway Commercial) I wi Conservation Overlay Volusia County B-4 (General Commercial) South Single Family Residential Low Density Residential! R -I(Single Family Nacant V olusia County - Urban Residential) I Volusia County Low Intensity R-3 (Urban Single Family Residential) West Single Family Residential Low Density Residential R-2 (Single Family Residential) majestic oaks Created by bonnie , ANALYSIS: Land Use Compatibility: The proposed use of single family homes is compatible with the surrounding residential uses. u Adequate Public Facilities: This parcel has access to U.S. Highway I and Glenwood Drive. Sanitary sewer and storm water shall be provided by the developer, as well as the construction of roadways within the development. Consistency with Comprehensive Plan: Pursuant to the policies in the Comprehensive Plan this request is specifically consistent with Goal 2 of the Housing Element to provide a variety of housing types and costs. STAFF RECOMMENDATION Staff recommends approval of the Development/Subdivision Agreement and preliminary plat for Majestic Oaks Subdivision. ACTION REQUESTED: Motion to approve the Development/Subdivision Agreement and preliminary plat for Majestic Oaks Subdivision. FINANCIAL IMP ACT: (FINANCE DIRECTOR) o PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully Submitted By: .~~~~~.N. ~~~\(.~~\.\~ Robin Matusick ~ Kenneth R. Hooper \ V Legal Assistant City Manager u majestic oaks Created by bonnie 2 o o ~ THIS INSTRUMENT PREPARED BY: Scott A. Cookson, Esquire FOLEY & LARDNER III North Orange Avenue, Suite # 1800 P.O. Box 2193 Orlando, FL 32802-2193 (407) 423-7656 AFTER RECORDING RETURN TO: Susan J. Wadsworth, City Clerk CITY OF EDGEWATER P.O. Box 100 Edgewater, FL 32132-0100 For RecordinR Purposes Only DEVELOPMENT AGREEMENT '- MAJESTIC OAKS SUBDIVISION THIS AGREEMENT is made and entered into this day of ,2002 by and between, the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, whose mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred to as "City") and EDGEW A TER TERRACE, INC. a Florida Corporation whose address is 3869 South Nova Road, Port Orange, Florida 32127 (hereinafter referred to as "Developer"). The purpose of this Agreement is to define the terms and conditions granting the development approval of the subject property. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. LEGAL DESCRIPTION AND OWNER The land subject to this Agreement is approximately 26.7 acres located West of U. S. Highway #1 and East of Glenwood Drive in Edgewater, Florida. The legal description of the property is attached hereto as Exhibit "A" - Legal Description. The Record owner of the subject property is Edgewater Terrace, Inc., with Ed Grant as their authorized agent. 2. DURATION OF AGREEMENT The duration of this Agreement shall be five (5) years form the date this Agreement is o approved by the City Council (the "Effective Date"). The developer shall commence construction of Majestic Oaks, as defined by the Master Plan (Exhibit "B" included herein), within one (1) year ofthe City Council's approval of this Agreement. Developer's failure to initiate construction within (Agreement/Majestic Oaks Subdivision) 1 , one (1) year may result in the City's termination of the Agreement. The City, at its sole option, may extend the duration of this Agreement. This development must be consistent with the Master Plan and must be approved by City Council prior to commencement of any authorized work. Final U approval shall include, but not be limited to utilities, storm water, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste containment, and planning elements. 3. DEVELOPMENT USES PERMITTED The Developer hereby agrees to develop the property subject to the terms of this Agreement and in accordance with the City of Edgewater's current Land Development Code and the Court Order dated July 11, 1988 incorporating the Joint Stipulation and Motion for Final Judgment relating to Case No. 83-378-CIV-ORL-11 (Exhibit "C"). The Majestic Oaks shall be developed in two (2) phases. The Majestic Oaks Master Plan (Exhibit "B") shall be the preliminary basis for granting conceptual approval. Majestic Oaks shall be developed consistent with the City's procedures and final project approval may be subject to change based upon final environmental, permitting, and planning considerations. Use of the property will be as follows: A. Average Lot SizelUnit Count Majestic Oaks shall not exceed a total of97 single-family dwelling units with Phase I being 51 lots and Phase II being 46. The 97 single-family lots are planned to be 60' x 115' or greater. Based on the Final Subdivision Plan approval, the total number of units may vary but the maximum residential units allowed for the Majestic Oaks shall not exceed 3.67 dwelling units per total acreage or a total of 97 units. o Minimum Lot Size: Area - 6,900 square feet Width - 60 feet Depth - 115 feet Lots 27 and 28 - Area - approximately 6,800 square feet B. Minimum House Square Footage The minimum gross house square footage shall be 1,600 feet living area and garage. C. Minimum Yard Size and Setbacks: Front - 25' Rear - 20' u (AgreementIMajestic Oaks Subdivision) 2 c.; o , Side - 5' Side Corner - 18' Maximum Height - 26' Pools - 10' rear,S' side Utility Easements - 10' front, 5' sides and rear Phase I, Lots 27 & 28 will have an 18' rear setback D. Roads There shall be one access road entrance permitted from U. S. Highway #1 and Glenwood Drive to service the subdivision with a minimum right-of-way width of 50-feet. The entrance will be seventy feet (70') by two hundred seventy-three .80 feet (273.80') for a total of approximately .44 acres. E. Conservation Area/Recreation/ Open Space The Majestic Oaks Subdivision includes 1.3 8 acres of property designated for Conservation Area and will remain in a natural state. The Conservation Area will be dedicated to the Homeowners Association for ownership and maintenance. F. Retention Pond Retention Pond consists on.3 acres and will be owned and maintained by the Majestic Oaks Homeowners Association. 4. FUTURE LAND USE AND ZONING DESIGNATION The Future Land Use designation for Majestic Oaks is Medium Density Residential. The zoning for Majestic Oaks is controlled by the Court Order dated July 11, 1988. The City of Edgewater's permitted uses for the medium density, residential classification is applicable to the development of the property and consistent with the Comprehensive PlanlFuture Land Use Map amendments proposed by the City of Edgewater. The uses allowed in Majestic Oaks are pursuant to the Joint Stipulation and Motion for Final Judgment relating to Case No. 83-378-CIV-ORL-l1 as referenced in Exhibit "C". 5. PUBLIC FACILITIES o Developer agrees to connect to and utilize the City's water distribution system. Developer agrees to connect to the City's potable system at Silver Circle and Glenwood Drive, with an eight- inch (8") PVC water main. The eight-inch (8") water line should be extended to U. S. Highway #1 (Agreement/Majestic Oaks Subdivision) 3 along the entrance road and extended north - south far enough from the driving lanes to allow the City to loop the U. S. Highway #1 water lines which will provide an eight-inch (8") feed to the water distribution system. The eight-inch (8") water line shall be extended to the southerly property line to serve future development. All water main distribution system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting. Developer agrees to upgrade/modify the existing City lift station receiving flow from this project as may be needed to accommodate the additional wastewater flow generated by the project. All modifications shall comply with City standards. Developer agrees to connect to and utilize the City's wastewater transmission/collection system. All wastewater collection and transmission system improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated to the City prior to or at the time of platting. The City has determined that reclaimed water is unavailable and will not be available in the foreseeable future. Therefore, there is no City requirement to install any reclaimed piping. Developer agrees to provide all required current and future utility easements for utility service consistent with this provision. All electrical services will be underground. Dedication of streets and all associated right-of-ways shall be dedicated to the City at the time of final plat approval. Off-site improvements (including but not limited to intersection improvements, turn lanes, acceleration lanes, deceleration lanes, signalization) are the developer's responsibility. Impact fees for each dwelling unit will be paid in accordance with the following schedule: Water - Paid to City by applicant at the time of Building Permit Application. Sewer - Paid to City by applicant at the time of Building Permit application. Police, Fire, Recreation - Paid to City by applicant at the time of Building Permit application. Road, Schools - Paid to V olusia County by applicant prior to a Certificate of Occupancy. The amount of all required impact fees shall be at the prevailing rate authorized at the time of application. Any public facilities and improvements constructed shall be in compliance with all applicable federal, state, and local standards to ensure the quality of the public facilities. A (AgreementlMajestic Oaks Subdivision) 4 . u o o u , .. concurrency review shall be conducted to ensure that all required public facilities are available concurrent with the impacts of the development. Developer agrees to reimburse the City of Edgewater for direct costs associated with the legal review, engineering review and construction inspection related to the Majestic Oaks development approval and construction inspection related to the Majestic Oaks development approval and construction of required infrastructure improvements. The developer shall provide all public facilities to support this project including the following: 1. 2. 3. 4. 5. 6. 0 7. o Water Distribution System including fire hydrants. Sewage Collection and Transmission System. Lots to be 60' x 115' or greater, with the exception ofP~ase I, Lots 27 & 28. Manholes and drainage structures as shown on plans. Clear areas of EL. 16 to be filled and store fill dirt. Clear all house pads as Developer requires. Provide all required road signage (stop signs, road signs, etc.) within the Subdivision. All signage shall comply with Florida Department Of Transportation (FDOT) standards. 8. Record plat after project is completed and approved by the City of Edgewater. A Maintenance Bond equal to 10% of the cost of the infrastructure improvements shall be provided to the City at this time. The Maintenance Bond shall be in effect for a one (1) year period. 9. Sidewalks shall be constructed prior to issuance of a Certificate of Occupancy on each building lot. Developer shall provide a bond or surety in a form acceptable to the City in the amount of $38,772.00 for two (2) years. If all sidewalks are not completed within two (2) years, the developer will install the remaining sidewalks. 6. CONSISTENCY OF DEVELOPMENT The City agrees to issue the required permits for the development in the manner defined in the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive Plan and Land Development Code. (Agreement/Majestic Oaks Subdivision) 5 7. DEDICATION OF LAND FOR PUBLIC PURPOSES .. The Developer shall convey to the City of Edgewater, by warranty deed and title insurance 0 free and clear of all liens and encumbrances, all roadway right of ways and all utility easements as required. 8. PERMITS REQUIRED The Developer will obtain the required development permits. Permits may include but not be limited to the following: 1. Florida Department of Transportation, Department of Environmental Protection, Department of Health and Rehabilitative Services, St. Johns River Water Management District. 2. City of Edgewater - Subdivision Plat approval, Subdivision Construction Plan approval, and building permits. 9. DEVELOPMENT REQUIREMENTS Failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Developer of the necessity of complying with those permitting requirements, conditions, terms or restrictions, and any matter or thing required to be done under the existing ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived unless such modification, amendment, or waiver is expressly provided for in this Agreement with specific reference to the ordinance provisions so waived, or as expressly provided or in this Agreement. Development standards shall be those of the City except as designated in Construction Plans as submitted and approved by the City as follows: 1. Total tree requirements shall be computed as one (1) tree per 2,500 square feet oflot area, to include any existing trees of any species measuring 2-1/2" or greater diameter measured six-inches (6") above the soil line. Developer shall establish a mandatory Homeowner's Association (HOA) for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The mandatory HOA will also be responsible for the streetlight requirements that result from the project including payment to Florida Power and Light for installation, maintenance and power consumption and the (Agreement/Majestic Oaks Subdivision) 6 o o o mandatory HOA shall be responsible for maintenance of the stormwater ponds within the Majestic Oaks Subdivision. The HOA documents, including applicable covenants and restrictions shall be reviewed and approved by the City prior to final plat approval. 10. HEALTH SAFETY AND WELFARE REQUIREMENTS The Developer shall comply with such conditions, terms, restrictions, or other requirements determined to be necessary by the City for the public health, safety, or welfare of its citizens. 11. APPEAL If the Developer is aggrieved by any City official interpreting the terms of this Agreement, the Developer shall file a written appeal to the City Manager. After receiving the written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council is the final authority concerning this Agreement. 12. PERFORMANCE GUARANTEES o During the term of this Agreement regardless of the ownership of the Property, the Property shall be developed in compliance with the terms of this Agreement and applicable regulations of the City not inconsistent with, or contrary to, this Agreement. 13. BINDING EFFECT The provisions of this Agreement, including any and all supplementing amendments, and all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and assigns and any person, firm, corporation, or entity who may become the successor in interest to the land subject to this Agreement or any portion thereof and shall run with the land and shall be administered in a manner consistent with the laws of the State of Florida. 14. RECORDING Upon execution by all parties, the City shall record the Agreement with the Clerk of the Court in Volusia County. The cost of recordation shall be paid by the Developer. 15. PERIODIC REVIEW The City shall review the development subject to this Agreement every 12-months, o commencing 12-months after the date of this Agreement to determine if there has been good faith compliance with the terms of this Agreement. If the City finds on the basis on competent substantial evidence that there has been a failure to comply with the terms of this Agreement, the Agreement (Agreement/Majestic Oaks Subdivision) 7 may be revoked or modified by the City. 16. APPLICABLE LAW This Agreement and the provisions contained herein shall be construed, controlled, and U interpreted according to the laws of the State of Florida. 17. TIME OF THE ESSENCE Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in the Agreement. 18. AGREEMENT/AMENDMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous discussions, understandings, and agreements, with respect to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by formal amendment. 19. FURTHER DOCUMENT A TION The parties agree that at any time following a request therefore by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and/or effectuate the obligations of either party hereunder. 20. SPECIFIC PERFORMANCE o Both the City and the Developer shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance. 21. ATTORNEYS' FEES In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this Agreement or because of a breach by the other party of any terms hereof, the prevailing party shall be entitled to recover form the other party its reasonable attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings, without regard to whether any legal proceedings are commenced or whether or not such action is prosecuted to judgment. 22. COUNTERP ARTS This Agreement may be executed in any number of counterparts, each of which shall be U deemed to be an original but all of which together shall constitute one and the same instrument. (Agreement/Majestic Oaks Subdivision) 8 o o o :- 23. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 24. SEVERABILITY If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof. (Agreement/Majestic Oaks Subdivision) 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. ATTEST: Susan J. Wadsworth City Clerk Witnessed by: Signed, sealed and delivered in the presence of: STATE OF FLORIDA COUNTY OF VOLUSIA CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant EDGEW A TER TERRACE, INC. The foregoing instrument was acknowledged before my on this _day of _2002, by , who has authority to execute this document on behalf of EDGEW A TER TERRACE, INC. and who has produced as identification and who did (did not) take an oath. (AgreementlMajestic Oaks Subdivision) Notary Public Stamp/Seal: 10 ~ o o u u o o ~ EXHIBIT "A" LEGAL DESCRIPTION Residential Parcel - A portion of the Southwest 1/4 of the Northeast 1/4 of Section 2, Township 18 South, Range 34 East lying southerly of Silver Ridge Subdivision Unit No.1, per Map Book 25, Page 87, Public Records of Vol usia County, Florida, and Silver Ridge Subdivision Unit No.2, per Map Book 27, Page 50, Public Records of V olusia County, Florida, being more particularly described as follows: Commence at a 1 inch Iron Pipe marking the Northeast Comer of the Southwest 1/4 of the Northeast 1/4 of Section 2, Township 18 South, Range 34 East; thence South 00021'54" East along the East line if said Southwest 1/4 of the Northeast 1/4 580.43 feet for the Point of Beginning; thence continue South 00021 '54" East 735.55 feet to the Southeast Comer of the Southwest 1/4 of the Northeast 1/4; thence South 89059'19" West along the South Line of said Southwest 1/4 of the Northeast 1/4 1327.73 feet to the Southwest Comer of said Southwest 1/4 of the Northeast 1/4; thence North 00006'01" West along the West Line of said Southwest 1/4 of the Northeast 1/4835.94 feet to the Southwesterly Comer of Lot 10 of said Silver Ridge Subdivision Unit No.2; thence Northeasterly along the Southerly Line of said Silver Ridge Subdivision Unit No.2 the following 10 courses and distances: (1) North 89053'59" East 126.12 feet; thence (2) North 81031'29" East 60.00 feet; thence (3) North 07004'46" West 40.25 feet to the Southwest Comer of Lot 11 of said Silver Ridge Subdivision Unit No.2; thence (4) South 88056'20" East 173.64 feet; thence (5) South 85059'20" East 150.14 feet; thence (6) South 81036'01" East 140.80 feet; thence (7) South 78052'01" East 145.88 feet; thence (8) North 86049'39" East 145.88 feet; thence (9) North 73020'09" East 73.43 feet; thence (10) North 56033'19" East 207.25 feet to a PRM marking the Southeasterly Comer of Lot 37 of said Silver Ridge Subdivision Unit No.1; thence North 63018'19" East 30.00 feet; thence South 26041 '41" East 272.58 feet to the Point of Beginning. Access Parcel - Together With: Easement for ingress, egress, utilities, and signage over the following described lands: A portion of the Southwest 1/4 of the Northeast 1/4 of Section 2, Township 18 South, Range 34 East lying Southerly of Silver Ridge Subdivision Unit No.1, per Map Book 25, Page 87, Public Records of Vol usia County, Florida, and Silver Ridge Subdivision Unit No.2, per Map Book 27, Page 50, Public Records of Vol usia County, Florida, and a portion ofU. S. Government Lot 7, Section 2, Township 18 South, Range 34 East, lying Westerly ofU. S. Highway No. 1, being more particularly described as follows: Commence at a PRM marking the Southeasterly Comer of Lot 37 of said Silver Ridge Subdivision Unit No.1; thence North 63018'19" East 30.00 feet; thence South 26041'41" East 153.01 feet for the Point of Beginning; thence North 62035'02" East 273.26 feet to the Westerly Line of said U. S. Highway No.1; thence South 27024'58" East along said Westerly Line of U. S. Highway No. 1 70.00 feet; thence South 62035'02" West 274.14 feet; thence North 26041'41" West 70.00 feet to the Point of Beginning. (AgreementIMajestic Oaks Subdivision) 11 (Agreement/Majestic Oaks Subdivision) EXHIBIT "B" MASTER PLAN <.) o u 12 ~ ~~ ~'\ ~ 4- /~ ~ p "-.....: ,..,.- - .- /:-- -___0--"" 'err. _. - --.- - ... .",-,?::/ - --- I I J I /': I I \1 II . . \ 0 r;::=::- ,~ 1/ ,~ \ ~ \ ... \ ",/ ",' \ ... ... ,..,. ,..,. \ ,..,. ... '}\^' - \ \ Q \ \ I \ , \ '--- \ \ -""fl r;::::::. \ ! iU \T ... ~ ... II C'lI Z TT I: /f l- I: 'iij 0 E II ;; (I) II CIl c: 0:: I j - 0 Q) 0 TJ '--- ...J - ... Q) Q) ... L (ij (.) 0::: ~ ;; [ Q) ,; .".-- c: C) ~ Q) (J) C'lI III "C c: 05 Ln I' 0Ci) Q) C'lI N , ; Q) Co ~ / I 0::: 0 C ,. ,-- ODD ' II II II / ~! II I: Q) I I E II (I) III I I C'lI ,> ~ w IL_ \..,,' ./~ >- ~ L-,I ::.-- ~ ~ . ,.. I I ~ II r (:) 0 \ \ II I I ~\TI I I I I I ~' l' \\ I: \0- : \. '\ ~ . -_. - 7 o tn ~ om o u -- .... tn CD - ..... m ::aE o -~-- oaA'V pooMual~ u o '-> EXHIBIT "e" JOINT STIPULATION & MOTION FOR FINAL JUDGMENT (Agreement/Majestic Oaks Subdivision) 13 . ."\ , 1 ';1 ;.. f: --I ".:'::' '1 " '. ~. ':: ':._ ',~:: ",' .I~':" :' 'f,> I .' ':l' : :1'.. ? Jfi>of!Jl .~~ .".....;..{!MdMd .... .Cju . ..' / @/g@/E e~I..S,,:i~tl 4/,1 . rJW@ (l..~.: C!'~Utl c~m . /62) . ~.':.~~:" ':J..~y lOn OF. W' 20 1Jf 8: 21 CJrr~ 1: 1 . .~ ...... n', \"(1 ;0:1 1rC,l!l1] P.~i.Oj\!I 'w~!~It:rj BOOK r' AU~ 3'95. Isa1 f VOLUSIA CO. FL 119900 IN '!'HZ UtUTZO STAnI DllTRfC"f COURT FOil THE tUDOI.I PIS'nlIC"f or rJ.OJlID.\ OJltAHDO DIYI$lOlf "11(1 CALDwr:t.L, PldfttUf. v. CAS~ "0. 1,-)7,-CIV-oJlL.)1 CITY or EDCEWAT~R, etc., Defendant. I JOINT STIPULATION AND H~IO" FOR 'r"~L JU~ The partie. ~Ive .tlpullted .. follow. .n~ 'ointly aove the Coun for .n order Ipprovift9 the ten. .hewn hlreby .1 · .. ad,udlcaClon of thle alU..' 1. 'l'he pro~l"ty of H.G. caldweU, at al ".. re.&~c:t fro. " Unat o ... R-l f.:!." to g-PUD tbrou9h ordinance "I, adop\:4td In AugU.t 19'JZ. 2. Sevanl Ixtenelona or tl.. w,.1 ..ked for: but "0 conltN<::t1on on thl I'R-I'\IO ".. ~f\ln. on April 1'. 197f. &he plaintiff pl'Opert~. Mre puUcularly v.. ....on.d '1'0. 1lR-1'\I0 ".Ok ~O' R-1. ~> .,' t.rt 0' the .W 1/4 or the ME 1/4 of Section ~'T 11 I' R ,. E ~.ln9 aore pal'~lcul.rlr d..crlbed .. Collova. co-nc. at the IfW comer of the..1I lie of the liE II. 01 slctlon , T II II R 34 EI thence 8 a .' 1- I e1on9 the V line of the ..ld line Of tha .ald SW 1/~ of the HE 1/4, a cUlt..nee of ,472.0 fe.t .'for the point of ~lnnln9' .a'd .oln~ Of ~innla9 al.o belnQ the SW corner oC Lot 10. sILVER RIDGE SU8DIVISION ~IT MO. ~ .. recontod 1ft Map Book 37, ".,e 50 0' the I'\Ibllc: Record. of Value1e county. Florida, thence continuI S 0 6' .- t aloft9 t.he ..id V l1fte of the SW 1/4 of the Nt 1 () '. ..' I. ':,.:..f :~I :"':'i~;' .. 'fi''fir::':::~'''::, .- f' A91~h-?'.Jg}r;f;'~~f.' -jl~~':I~t.t~~'.. '~~.<(<. '~/f ~':r.~.ji;'C'. '~~h~1~'.:.'l~ :::. .' t.; ;:::;' .' ,:.;':;~,:~;; ";:(:'..X'.:":.' ...)<t ;\~rr~ii 'r.\ '.:. ... " .:':i;: :.A::..,,: ....> ' .,:<". , , .. .' .r .,' '. .' . . ..... ... . ..li.." ~;\/.~.".,....... _' .:: :..... .....::.::.... ..,.,.~~.,...,..:'...:,.:......~.,.._......:.... . .', . ': . ,::::,":f~:~tt~~~_..;~ ,. . ..... . 1.0 f" I.::.. .."llo, .:.. .' - o BOOK PAGE., 3195 1586 VOLUStA CO. Fl. ,. , !t o 1/4 . dletane. of 141.01 f..t to tb. IV oom.r of the ..id fV 1/4 of ih. lit 1/4. than~ If It 32' 2.. I: .101\9 the hUth lln. of u. ..dd ,.. 1/4 ot the III 1/4, e dt.t.ftOe of UU. 60 feet to the SI: CO,I'N1' 01 _td '" 1/4 of the HI: 1/4' tal_nea II 1 5' .. do", Ule b.t Une ot tha .al~ sw 1/4 or th. "E 1/4' a dlatance ot 651.4. t..t, thenQt .. 2' 41' 41- ~ a dietane. or ~s~ ,.at to ttM al: corner of &At n, SILVER "IOCa: IUBDJVJSIOIt UlCIT 110. I, .. ,..ecol"dd lIa "ap DoG1c n. ,.,. ..n. of \~e Public ~ecord. or Vol..l. COYnty, Florida, thenc.' " 33' 1'- U a dl,tanc. of 207.25 'eet, thence ." 20' I- V a ~1.tanee of 73..' t..c, thence 4.6 CI' 3'. w a dlatance of us... re.~I thence ..." 12' 1- " a dla\anoe of 14$..' ,..t, thanee N II ,.' 1- W · ~Uaur.c. of 140.10 f...t, thane. II 15 fit, 20- " · dl.tance of '1 50.14 f.at. th.nce ".116' ~O. " a " dL.tanc. 'of 11~.6C t..t, tM~ Ii , 20' O. I . dl.tII"". of ~'.Il fa.t, tbenea . 11 )1' at- ". d"~n~ ot · 0.00 f..t, ~nce a It 53' 5t. V a dl.ta~ 0' 126.12 f..~ to tb. POl1\t of ..,lnnl"9' AU 1{1n9 .1'14 . bdh9 pan: of U.a .If 1/4 of the atE 1/4 of Bact on :a T 11 II · I 34 & con\all\lft9 2f.n aen. .-ora or 1.... I .. ft. pr...nt action v.. ~H In l4.y of U'J ch.Uentlll9 . ,. . al#l.. ~~oftlll9' . .... . ': s. 1ft r.bnauy, It., an Order .... enuradl 9ranU", In part d.nyl", In part Defendani'. trotlon lor Su...r}' Ju49..nt. A IlOUon for l'.:b.adnt va. fU.d and 1. .un ~n(Ung. Ifev.rthal.... tentative ":ttl...nt "al nached by 811 ,u~l" In AueJuet or 191$. I I t. Utai' ne.tvi", ...co..-n4.t1.. of l\a ,lannll\f and .onll\f -rrd, tII. cltr c:ounoll h.ld wo publ Ie h.erlnq. 01\ ",u1r 21, it" and AP'rll 20, a,n. .n..nt at tho.. h.nil",. vore .ttoC'MY. for both . - partie. and r.pr...ntatlv.. of the '.djolnlft9 aubdlvl.1on, .'!~VEa I ~IDOE. a .lngl. '..lly ....id.ntl.l d.V.lopeOnC. All partl.. var. .(ndfUl of Cha uncertainty 0' further 1ltlqatlon. .nd thoae la.u.. of pu~llc prot4ctlon lItOat critical t;o Ule cUr such .. CIa. lapac\ . upon I c,,~u XTird)2~ 2 i . . l... : o .. I' i trJtric, a~all.blllty of I l'l~lntltf h4vinq IIqraC!d to " ' o i-\oo O' ~o~:', ,r 3' 95 15o~ ':~LIjS::, .:~.::~ V4tar and sewer and pollee . protection. further vo 1 untary r~str1c:t ions; llIddrC>lhd nq th~ cdr.lC"at cOllcern!:,r the city, the clt.y ClOuncU hllll (ll]rccd \0 ..1 i .lotllt Stipulation llnd Holl(ln 101' .,,'n.,' JUdqment, on the Cui I ,,,.d.,,, OlltrC!ll11 condl t lon$: A. Withoul pl.,cinq .:I lonln/) l.,~l an t.ho r.ul1j",'1 property. plaintiff ",Ill' be IIllove<.l t.o devolOI' hi" ! property t.o III .~_Imum ot 200 units. B. Said dovolop~cnt Is to . take placo In accordance with an overall develop_ont plan for tho plalntltl'5 property. Said plan 1_ subject to approval by the city Council of the city of Edqovater. Which ~hall be ll~lted Ih Its consJderation to the follo~ln9 condlt1on$I Only ~Inqlo c..~lly homaS to be built on a4joJnlnq SILVER RIDGE sUbdlvlslun. Sald ho". to be built on Lota of not )..s than 150 feet depth (North-South). saleS lots ahall InclUde 1 combined 4$ ft, bufter ",Ith t~. firs~ a$ feet ad,olnl"9 SILVER RIDG& to ~a a bUtter of, natural ve~ct.tion nol included as p4rt of tho rear yard and the n.II~)O t..t .,111 bc an ut Illty oaso_nt whl~n Is to ' be considered parl of ~ho rear yard. !, i I t i .1...,,, J.'IIH) o 2. ROAd' vilhln tne plalntltf'a projG~t Ire not to connect to the Id,olnl"9 SIIN~R RIDGE oub41vl&10n. ). Those lots ~djolnlnq or .cpara~cd by An E~stpWest street fro. the northerly tier of slnqle-f..lly lots ahall bo utill~ed onlY (or ono and two raal1Y dw.lllnqs. 4. Tn~ Clty council ~V r~qulra ~ .lniaua floor 4reA lor cAch unit to be ~onstructcd on plllnt.lff or;; Jand, provl<.led that ro(culr~~nt doos not exceed the rcqulro~ontN of tho n-2 lonln9 dllitrict (whleh ,,/IV be l"crc.'~C!cJ by 4n ..end.cnt or qcncral appllcatlonl. 1 o ~ u : OLl;', 3195 "I.' . !J~e ".:C-L:.:..';, o 1. This joint stipulation, ^9rec~cnt ~nd rin~l Jud~~nt ftro to bOitr~~t~d ~G covenants runnlnq with th~ land, ~hhll b~ binding on tho 1l1~lntlrl. or an.,. Gub~cqu(!nt ownnrs. Dsnlqnc(!. hell'"~ <>1' .my othnr other GUco.:ossou In lnt(!r~ot 4n<l ohrill be rocorllcu in n"" 1111 \&:1,,1 1'U~II.: I(cc:'orda of voluaift county. t'loridD.' I I". l'hlntlU aC]roclI not to .UI!lOrt In .\0)' 1~'C)l:ll.'t lv". .".lid.,l I orl"dlnlnlstr"tlve (oruII. acini" aqalnst 1\1\'1 p"rty. to ulIII .,.:tiOl1. or "9 Ihot ~ny participant .ctln9 on boh~lf of any pArty to thlu l\ctlon. I " ~l.l_ that any action. tak.n by tho City coundll. any of Ita UOl\rda. rlannlnq "Zonln9 80"rd or a90nt& r~ql\rdlnq plaintiff proporty wcr. il~ct)nl. voldl\bl. or void or thlt plalntlff ha~ any ri9ht to d~nn9QD. In)unutivo or declaratory reUClf of anV n"ture whatsOOycr out 01 thouo acl'Vlt,es. .qr....nt.. eonveyances or undcl'&tandlnq8. 9. Th. ~rtl.. jolntl~ ~y. tho Court tor an order approvlnq thp dovclopaont or plalntirt'& property on the t.r~. and condlt;ona i . exp~.s'4d here1n a5 beln4 a fdll and coapletu _ottle~ent of all cl~I.5 on the part. of .the plaintiff ar1alnq frolll tho ro%onlnq frolll ~R.I'UO to R-~ on April 11. 1979, or fro~ any .c~lon &Ub~oqucnt thoretO until tho I d4~e 01 thl. stipullt.ion. ltG. ~11 IIAttcrlS IlIe'l84 or .sliertod In tho complaint wh":h could " . .... ........ ..... .11 cl.l- of ..y.~,,".. n' kI.. b, ,In,."" a~lllnnt the City of' t:dlJowatCo'r or Any derendant. by tt,~ do I CIlI."nt.!I a.,oln.st the plaintiff or olI'1"'I\&t 4....:h other inohldin1 r.l.lllllll hIt d~""'l(,II. deelaratorv or lnjunct,lve roll<ll. I\ltornc}'S I"N'. t.'Utltl; <>1' o .~v lor. of rei Ie' I cAWH!;ll ICr'/I) 2) i whatlloover, .U .",:h .:llIi_a: t.o be di"",,,~,,,',1 "UII 4 ~ .0V.. 3195 I ~ c.' .;)... I . . ". ~." . I qenorlll prciudic~. PlAintiff aqrcl.'s to /lilln.'l flcnl.'rnl rclc.lllC .,"<1 I ;t'iC7'::?------ (l~~...,.:{- L..I~(.~("C5....-.'.. -."C?/4r. II. ^I.v"lcr.~. .:llQJlllt: . . I U I:;\r.l I tilt i i\OI\ Mll.'nllQ., 01.'1.'".1, ~'Iorl(l:\ H720 C(!t@L Ct/j;1C....\tor c;- ALi.f.ii '-w'A,:rs " 't:?'(iu fii'r. ----. Cpbb , Col~ " ~I" O. Dole "l '.. ytona U"acl\. Florida nOI' . <: "I torncy .!...o,~ 1a1 nt. II f ':.l1.!!i.'l.. 'f.;1"=:'-=-- STf,VEII t', 1.1:11 AU'lR. t:SOU"I.E . 1',0, Ilolt' :Z01~4 OrlDndo, florida "elt ~o.counsOl for Defendant P'. .. ~,..,< ,.,. '-'1 . I~E CALllWEt.I.: ' lalnt.lH 1 """,,,_. . : cM/lllll' ! llTt'1I1;111 I '0, I t HtiHU I P. e:5~ o o o 1'. o o o PUBLIC HEARING X BOARD APPOINTMENT ITEM DESCRIPTION: Ordinance No. 2002-0-08 BACKGROUND: ~.~. AGENDA REQUEST Date: Mav 23,2002 RESOLUTION ORDINANCE June 3, 2002 CONSENT OTHER BUSINESS Amending Articles XV (Airports), and XVI (Fire and Hazard Prevention) of the Land Development Code. At first reading on May 20, 2002 Council voted to approve Ordinance No. 2002-0-08. Since adoption of the new Land Development Code (July 10,2000), staff has reviewed the Code and proposed several changes. All proposed changes are presented in the strike-through and underline format. STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. 2002-0-08 amending Articles XV and XVI of the Land Development Code. ACTION REQUESTED: Motion to approve Ordinance No. 2002-0-08, amending Articles XV and XVI of the Land Development Code. FINANCIAL IMP ACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: DATE: Mav 20, 2002 LDC xv. XVI Created by bwenzel YES X NO AGENDA ITEM NO. 6D ~Jf,~\ ~~ K ~""'~'" '\ y. Robin atusick Kenneth R. Hooper \ U Legal Assistant City Manager \ ORDINANCE NO. 2002-0-08 AN ORDINANCE OF THE CITY OF EDGEW A TER, FLORIDA; AMENDING CHAPTER 21, THE LAND DEVELOPMENT CODE BY MODIFYING ARTICLE XV (AIRPORTS) AND ARTICLE XVI (FIRE & HAZARD PREVENTION), PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. () 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 o scrivener's errors would be corrected by amending specific Articles contained in the Land Development Code; and WHEREAS, upon review, Article XV (Airports) and Article XVI (Fire & Hazard Prevention) should be amended at this time to correct outstanding 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: o Stl tlck till otlgh passages are deleted. Underlined passages are added. 2002-0-08 J PART A. AMEND CHAPTER 21 (LAND DEVELOPMENT CODE), BY AMENDING ARTICLE XV (AIRPORTS) AND ARTICLE XVI (FIRE & HAZARD PREVENTION) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. u Article XV (Airports) and Article XVI (Fire & Hazard Prevention) of Chapter 21 (Land Development Code) of the City of Edgewater, Florida, adopted pursuant to Ordinance No. 2000-0-12 is hereby amended 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 of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. Q StI tick tlllOtlgh passages are deleted. Underlined passages are added. 2002-0-08 2 PART E. EFFECTIVE DATE. 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 ofthis ordinance held on May 20, 2002, was as follows: AYE Mayor Donald A. Schmidt x Councilman James P. Brown x Councilman Dennis A. Vincenzi ABSENT 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 Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter StI tick tluotlgh passages are deleted. Underlined passages are added. 2002-0-08 3 NAY ~ (j u u v o o 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 Stl uck till ougl. passages are deleted. Underlined passages are added. 2002-0-08 day of ,2002. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2002 under Agenda Item No._ 4 u u o ARTICLE XV AIRPORTS SECTION 21-200 - GENERAL PROVISIONS 21- 200.01 - General Provisions .............................. ................................................... XV-1 21-200.02 - Airport Hazard Zone .............................................................................. XV-1 Article XV -1- Rev. 5\02 (PoliciesProcedureslLandDevelopmentCode) ARTICLE XV AIRPORTS Q SECTION 21-200 - GENERAL PROVISIONS 21-200.01 - General Provisions This article establishes a process and standards for development to ensure that the public health, safety and welfare is protected. The focus of this Article is on airport zoning. The purpose of this Article is not to replace or supersede requirements that may be imposed by the Federal Aviation Administration or the Florida Department of Transportation. 21-200.02 - Airport Hazard Zone a. Purpose and intent - the purpose of this section is to prevent the creation or establishment of structures, lighting facilities, antenna, or other elements dangerous to air navigation. b. Scope - the regulations imposed in this 5c,c,tion Article shall be enforced within the area on the map entitled EDGEW A TER AIRPORT HAZARD ZONE, which is shown on the City's zomng map. Q c. Airspace height zones standards: I. No structure shall be permitted that exceeds the current Federal Aviation Regulations and Obstruction Standards concerning objects lying beneath approach, transitional, horizontal, primary and conical surface zones, as depicted on the zoning map. 2. No structure shall be erected that raises the published minimum descent height for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum en route altitude to be increased on any Federally Approved Airway. d. Lighting - notwithstanding the preceding provisions of the section, the owner of any structure more than two hundred (200') feet above ground level shall install lighting in accordance with FAA Advisory Circular 70-7460-ID and amendments thereto on such structure. Additionally, high intensity white obstruction lights shall be installed on a high structure which exceeds seven hundred (700') feet above ground level. The high intensity white obstruction lights must be in accordance with FAA Advisory Circular 70-7460-ID. e. Hazard marking and lighting - any permit or variance granted shall require the owner to mark and light the structure in accordance with FAA Advisory Circular 70-7460-ID. The permit may be conditioned to install, operate and maintain markers and lights as may be u Rev. 5\02 (PoliciesProcedures/LandDevelopmentCode) XV - 1 u o o necessary to indicate to pilots the presence of an airspace hazard if special conditions so warrant. f. Variance - no application for variances to the requirements ofthis section may be considered by the Planning and Zoning Board unless a copy of the application has been by furnished by certified mail, return receipt requested, to the Florida Department of Transportation, Bureau of Aviation, and by regular mail or hand delivered to the City of Edgewater Planning and Development Department for review and comment. If no comments are received within sixty (60) days after the postmark date, the Board may act without comment from the Bureau of Aviation. Rev. 5\02 (PoliciesProccdurcslLandDevelopmentCode) XV - 2 u o o ARTICLE XVI FIRE & HAZARD PREVENTION SECTION 21-210 - GENERAL PROVISIONS 21- 210.01 - Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-1 21-210.02 - Adoption of Codes ........................................ XVI-1 21-210.03 - Amendments to Codes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-1 21-210.04 - Access to Buildings by Fire Apparatus ........................ XVI-1 21 210.05 PiK LaiIc. Rcqtlilc.nlcnts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-2 SECTION 21-220 - HAZARDOUS MATERIALS 21-220.01 - Cleanup and Abatement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-2 21-220.02 - Cost Recovery, Penalties, other Remedies. . . . . . . . . . . . . . . . . . . . .. XVI-3 SECTION 21-230 - BURNING OF GARBAGE, TRASH, BRUSH, ETC. 21-230.01 - Burning or Burying Garbage, other Refuse ..................... XVI-3 21-230.02-BurningofTrash and Ground Cover .......................... XVI-3 21-230.03 - Bum Permit Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-4 SECTION 21-240 - WATER DISTRIBUTION 21-240.01 - Water Distribution Systems. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-4 SECTION 21-250 - FIRE FLOW REGULATIONS & HYDRANTS 21-250.01 - Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-5 21-250.02 - Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-5 21-250.03 - Required Fire (Water) Flow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-5 21-250.04 - Fire Hydrants ............................................ XVI-7 Article XVI -1- Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) ARTICLE XVI FIRE & HAZARD PREVENTION u SECTION 21-210 - GENERAL PROVISIONS 21-210.01 - Purpose The purpose of this Article is to promote, protect and improve the health, safety and welfare of the citizens of the City by adoption of nationally recognized codes and standards as well as following accepted industry (hazardous materials, water distribution, etc.) guidelines. 21-210.02 - Adoption of Codes The following standards are hereby adopted and incorporated by reference as the fire and life safety standards of the City: a. b. NPrA I, Pile rleventiOll Code, 1997 Ddition as IlueiltaftcI anl\:ndcd, NPr A 10 1, Life, SafGty Code, 1997 Dditiolt, Those maltdatolY IdGleltccd publications as liste,d in CllaptGl 33, lduehce,d publicatiohs of NPrA 101, 1997 Dditioh, Those, i11andatolY IcJe,le.nce.d publieatiohs as listed in Chaptel 43, lecoghized standalds and publicatiohs of NrrA 1, Pile. rle.ve.lttion Code" 1998 Dditioh. u c. d. a. Florida Fire Prevention Code. 21-210.03 - Amendments to Codes The following are hereby amended to read as follows: a. Section H 1-8, Board of Appeals; NPI' AI, 1997 Ddition Florida Fires Prevention Code, is repealed and replaced with Article vm (Administration), Section 21-87 (Construction Regulation Board) of the City of Edgewater Land Development Code. 21-210.04 - Access to Buildings by Fire Apparatus a. All buildings (except one and two family dwellings) constructed, expanded, relocated or substantially changed after adoption of this Article, shall be accessible to Fire-Rescue Department apparatus by way of access roadways with all-weather driving surfaces of not less than twenty feet (20') of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus and having a minimum vertical clearance of thirteen feet six inches (13'6"). u Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI-I b. The required width of access roadways shall not be obstructed in any manner, including the parking of vehicles. u c. The Fire Chief or his/her designee shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. d. Where security gates are installed, they shall be maintained and a means for emergency operation and entry shall be provided and maintained as approved by the Fire Chief or his/her designee. 21-216.65 File Lane Reqnilements (Requirements are in the Florida Fire Prevention Code) a. Pile lanes shall be tWGllty fca (20') in width. b. Pile lanes shall be. re.quilcd fOI all buildihgs that alC sa back nlOIC tIlah onc Imndred fifty fca (150') flOJl1 a public 01 pi i vatc load or cxcccd thil ty fea (JO') in heigllt alld al c set baek 11101 e thall fifty fca (50') fI0111 a public load. G. Pile lahes shall also be required f"Ol aceess to buildihg spIiliklel/stahdpipc cOhncetiohs, file llydlahts ahd nlajol buildihg chtrahCC points. o d. Pirc.lahe.s 1l1a) also bc le.quiIed whch paIkihg lot desigh, building 01 site. design IlIake. access to tIlC buildihg dimwIt for clllclgency v chicles. G. Pire lanc nlarkihgs shall bc as f"llows. 1. SighS sllall be. twelvc ihchcs (12") widc by eighteen ine.hcs (18") in hc,ight, 2. SighS shall be. white. with Icd latus and shall read "No rarkihg 01 Stahding - Pile. Lanc" , J. Signs sllall bc placed cvclY one. hundred fc~t (100') and sllall bc double faced ahd sllall be SCveh feet (7') flom thc gIOUhd, 4. Shipes on tile pavcment sllall bc of safety yellow thCll110plastic nlatcIial and shall be. fom indlcs (4 It) w idc and sllall bc placed e v el y onc llUhdI cd fce.t ( I 00') ahd shall I cad "No rarkilig OJ Stahdihg Pile Lahe", and 5. Cm bs sllall be. painted ih safety yellow fOI the length of tIle filc lalie. SECTION 21-220 - HAZARDOUS MATERIALS o 21-220.01 - Cleanup and Abatement a. The Fire-Rescue Department is hereby authorized to take such steps deemed necessary to cleanup, remove or abate the effects of any hazardous substances discharged upon or into Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI - 2 public or private property or facilities located within the corporate limits of the City. b. Any person who, without legal justification, discharged, participates or assists in the discharge or authorizes the discharge of any hazardous substance that requires cleanup, removal or abatement by the Fire-Rescue Department or its contractors shall be liable to the City for the costs incurred by the City in the cleanup, removal or abatement of such discharge. In the event that more than one (1) person has made a discharge, participated in the discharge or authorized the discharge of a hazardous substance, each person shall be jointly and severably liable for costs incurred in the cleanup, removal or abatement of such discharge. o c. The Fire-Rescue Department shall keep a detailed record of any costs incurred in the cleanup, removal or abatement of discharge of any hazardous substance. 21-220.02 Cost Recovery, Penalties, other Remedies a. Any person responsible for discharging, participating or assisting in the discharge or authorizing the discharge of a hazardous substance shall reimburse the City for the full amount of all costs associated with the cleanup, removal or abatement of any such discharge within a period of thirty (30) days after receipt of an itemized invoice for such costs from the City. b. The remedy provided for in this section shall be supplemental and in addition to all other available remedies at law and equity. o c. Funds recovered pursuant to this section shall be allocated to the city departments that incurred costs in the cleanup, removal or abatement of the discharge of a hazardous substance. It is the intent of this Article that levels of response equipment, inventories and City funds be replenished to levels which existed prior the City's response to a discharge of hazardous substances. SECTION 21-230 - BURNING OF GARBAGE, TRASH, BRUSH, ETC. 21-230.01 - Burning or burying garbage, other refuse No garbage, trash, brush, natural cover or other refuse shall be burned except as provided in this Article, and no garbage shall be buried within the City. 21-230.02 - Burning of trash and ground cover Conditions for open burning of trash and natural cover. Open burning of trash, brush, and natural cover (as a result of land clearing) may be permitted by the fire department when it is determined that: () Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI - 3 '-> o o a. The weather conditions will allow the escape of smoke and fire byproducts without being a hazard or nuisance to the surrounding citizens or their property. b. The location, amount and nature of these materials, when burning, present no health or safety hazards to the surrounding citizens or their property. c. The time of day that materials may be burned and when they must be extinguished will be established by the Fire Chief based upon the considerations set forth herein and those safety practices deemed necessary based on standard fire procedures. 21-230.03 - Burn permit required A burning permit must be secured from the Fire Department prior to each burn and shall be subject to such conditions as are imposed by the Fire Department. Any violation of the conditions of the burn permit or of any provision of this Article shall be cause for revocation of the permit and may be considered for prosecution as a code violation, misdemeanor or as a basis for denial of subsequent applications where such violations have been determined by the Fire Chief or hisfher designee to have constituted a public hazard. A fee will be assessed to cover the costs of issuance of each permit. Said fee will be established flOll} tinlG to tiluG by resolution of the City Council. SECTION 21-240 - WATER DISTRIBUTION 21-240.01 - Water distribution systems Water Distribution System Piping shall include all piping, which is part of the water distribution system whieh and supplies water to a fire hydrant. a. Minimum Size. Except as provided herein, all new water mains supplying water to fire hydrants shall be at least six inches (6") in inside diameter. The minimum size for water mains will vary according to the intended use of the property as set forth in Section 21-250 (Fire Flow Regulations). When water mains are installed along right-of-ways that have differing abutting land uses, the diameter along the entire run shall be based on the largest main size required hereby. b. Looping. Except as provided herein, all water mains serving fire hydrants shall be looped. Water mains shall be designed so that in the event the water supply is interrupted at one (1) end of the loop; the flow of water to the hydrant shall not be entirely eliminated. c. Provisions for Non-Looped Water Mains. Recognizing the fact that there will be applications where looped water mains are impractical, the following applications are exempt: Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI-4 1. Dead-end water mains supplied by a looped water main of equal or larger size may be extended the following distances: up to two hundred fifty feet (250') for six inch (6 ") water mains, and up to fi ve hundred feet (500') for eight inch (8 ") or larger water mains. This application is permitted without any upsizing of the water main, providing the required fire flow is available. Physical arrangements may include unusual street layouts such as a cul-de-sac, or cases where a hydrant is required on one (I) side of a street and the water main is on the other. The preferred diameter for dead-end mains is eight inches (8") if sufficient feed is available. u 2. Dead-end (non-looped) water mains may be permitted in new subdivisions and land development sites where there are no water mains present or of sufficient size to complete a loop. This would be applicable to areas being serviced by a single larger (eight inch or larger) diameter water main. 3. When non-looped water mains not already covered in subparagraph (2) are permitted in place of looped water mains, the minimum size shall be increased by not less than two inches (2") in diameter and still meet the minimum fire flow requirements as determined by this Article. SECTION 21-250 - FIRE FLOW REGULATIONS & HYDRANTS 21-250.01 - Intent o The intent of this Section is to assure an adequate supply of water for fire suppression by establishing minimum water main sizes and minimum water flow rates to control and extinguish fires that may occur within the City of Edgewater. This Section is applicable to the City water distribution system's future additions, and the replacement of any existing noncomplying segments of the system through normal system upgrading. 21-250.02 - Applicability This Section will not apply to one (1) and two (2) family dwellings being built outside of an approved subdivision or land development project. The intent of this Section is to exempt new and existing one (1) and two (2) family dwellings located within sections of the City which were developed without a water system meeting the minimum requirements of this Article. 21-250.03 - Required fire (water) flow The required fire flow is the quantity of water measured in gallons per minute (GPM) that is needed to extinguish a fire involving a particular building, area or material. o Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI - 5 u o o a. The computation of the required fire flow depends upon the size (gross square footage), type of construction, occupancy, separation between buildings and/or combustible materials, and the potential heat release of the materials being evaluated using a form developed by the Insurance Services Organization (ISO). Fire wall separations within a building may not be used as a means of reducing the gross square footage. b. The minimum size for water mains supporting fire hydrants and the minimum flow rates for the various land use groups shall be as follows: c. 1. Six inches (6") and five hundred gallons per minute (500 GPM) for one and two family residential (single family, detached and duplex), 2. Eight inches (8") and one thousand gallons per minute (1,000 GPM) for multi-family residential (less than three (3) stories or twelve (12) units or less per building, including townhouses), 3. Eight inches (8") and one thousand gallons per minute (1,000 GPM) for commercial areas less than ten thousand (10,000) square feet and three (3) stories or less and multi-family residential three (3) stories or over twelve (12) units per building including townhouses, and 4. Twelve inches (12") and twenty-five hundred gallons per minute (2,500 GPM)for commercial areas over ten thousand (10,000) square feet. c. Each building other than one (1) and two (2) family dwellings to be constructed, enlarged or having a change in occupancy shall be evaluated for fire flow needs as set forth in this section. d. If water is not available in sufficient quantity to meet the required fire flow, the following alternatives are available to comply with this Article: 1. Reduce the required fire flow fifty percent (50%) by installing an approved automatic fire sprinkler; or 2. Reduce the required fire flow twenty-five percent (25%) by installing an approved smoke detection and alarm system that transmits an alarm to a central receiving station in accordance with NFP A 72; or 3. Reduce the required fire flow ten percent (10%) by installing an approved local smoke detection and alarm system in accordance with NFP A 72; or 4. Utilize a construction type for the structure that will reduce the required fire flow enough to meet the quantity of water available. e. All private water delivery systems and water storage systems being l,ltilized to meet minimum fire flow requirements must meet the applicable standards adopted by the City. Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI-6 f. No salt or brackish water will be eligible for consideration as part of the minimum fire flow available for use. 21-250.04 - Fire hydrants (.) a. Approved fire hydrants shall be provided for buildings built after adoption of this 01 dillallCG Article to meet the required fire flow requirements as determlned by the Fire Chief or hislher designee using current A WW A (American WaterWorks Association) and NFPA (National Fire Protection Handbook) standards. b. The Fire Chief shall designate the location and number of fire hydrants but in no case shall the distance between fire hydrants installed after adoption of this oldilianCG Article exceed one thousand feet (1,000'). c. With the exception of one (1) and two (2) family dwellings, fire hydrants shall be located within five hundred feet (500') ofthe most remote area of the building when measured along normal routes of Fire-Rescue Department access. 1. Exceptioft. OliC (1) <1lid two (2) faluily dwc.llilig,S. (Moved above) d. Where sprinkler an/or standpipe systems are provided, a fire hydrant shall be located at least fifty feet (50') away from the structure. o e. All fire hydrants shall be of breakaway design. The minimum size for the barrel of all new hydrants shall be at least 5 IA inches in diameter. Each hydrant shall have two 2 Y2 inch male thread hose connections and one 4 Y2 inch male thread hose connection. All hose connections shall be of American National Standard thread. The operating nut shall be 1 Y2 inches point to point. For the purpose of standardization and parts inventory, only those makes of hydrants approved by the Utilities Department and Fire/Rescue Department-s shall be installed to comply with this Article. f. The center of the lowest outlet shall be not less than sixteen inches (16") above the surrounding grade. The operating nut shall not exceed 4 Y2 feet above the surrounding grade. g. Hydrants shall not be located closer than three feet (3') or more than thirty feet (30') from a traveled street or roadway. No fence, tree, post, shrub or other object which could block the hydrant from normal view or obstruct the hydrant's use shall be located within four feet (4') of said hydrant. Unless otherwise requested by the Fire Chief or hislher designee, the 4 Y2 inch large volume connection shall be situated so it faces the nearest roadway. No hydrant shall be installed where pedestrian or vehicular traffic would interfere with the use of the hydrant. o Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI-7 '-J o Q h. All fire hydrants located on dedicated public right-of-ways or designed to serve multiple ownerships shall be conveyed by approved instrument to the City. Once the City has accepted ownership, the responsibility for maintenance and operation shall be the City's. All hydrants not dedicated to the City shall be maintained in accordance with NFP A 25 at the owner's expense. Rev. 5/02 (PoliciesProcedures/LandDevelopmenICode) XVI-8 ~( o o o i- PUBLIC HEARING BOARD APPOINTMENT (, .D. AGENDA REQUEST Date: 5/28/02 RESOLUTION x ORDINANCE CONSENT OTHER BUSINESS Resolution No. 2002-R-14- Pertains to s Schedule of Fees and Civil Penalties Relating to Water Conservation Violations ITEM DESCRIPTION: BACKGROUND: At the May 20, 2002 Council Meeting, the Edgewater City Council announced an emergency situation existed due to drought conditions and violations of the City's Water Conservation Ordinance, and instructed staff to prepare a Resolution modifying the Schedule of Fees and Civil Penalties enacted pursuant to Resolution No. 2001-R-08. Staff recommends adoption of Resolution No. 2002-R-14 which reflects the changes in the Schedule of Fees and Civil Penalties as discussed by City Council at the May 20, 2002 Council Meeting. STAFF RECOMMENDATION: From Resolution No. 200l-R-08: To Resolution No. 2002-R-14: 1 st Offense 2nd Offense 3rd Offense 4th Offense Cont. abuse Warning. $50.00 fine. $75.00 fine with disconnection of reclaimed water services which requires a $25.00 re-connection fee, for a total of$IOO.OO $475.00 fine with disconnection of reclaimed water services which requires a $25.00 re-connection fee, for a total of$500.00. $500.00 fine per violation. 1 st Offense 2nd Offense 3rd Offense Warning. $100.00 fine. $150.00 fine with disconnection of reclaimed water services which requires a $25.00 re-connectionfee,furatotal of$175.00. $475.00 fine with disconnection of reclaimed water services which requires a $25.00 re-connection fee, for a total of $500.00. $500.00 fine per violation. 4th Offense Cont. abuse ACTION REOUESTED: Motion to approve Resolution No. 2002-R-14. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: Respectfully submitted, ----- ~ ~ or--, '-t- \ f\ . i ~\\., t\\.' - ID l)J" '" Department ector C:\MyDociments\TerrysFiles\AgendaRequest YES NO AGENDA ITEM NO, ~ i, .-/' \ --':':"'(;Jcx.-D"'l't) ^--<-~tr k' , Legal Review \l..~x ~'"'- '- t Kenneth R. Hooper \ City Manager ~ \ .. o o () '; 11 '-> o o RESOLUTION NO. 2002-R-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA, MODIFYING THE SCHEDULE OF SURCHARGES, FEES AND CIVIL PENAL TIES RELATING TO CHAPTER 19 (UTILITIES AND SERVICES); REPEALING RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On May 21, 2001, the City of Edgewater adopted Ordinance No. 2001-0-08 modifying the water conservation requirements applicable to the citizens of the City along with Resolution No. 2001-R-08 that established a Schedule of Fees and Civil Penalties relating to Water Conservation Violations. 2. As a result of the severe drought within our area and continued violations of the Water Conservation Ordinance, City Council announced an Emergency situation during the May 20, 2002 Council meeting in an effort to resolve outstanding issues relating to the situation. 3. As a result of the Emergency situation and in an effort to curtail violators of the Water Conservation Ordinance, City Council hereby modifies the Schedule of Fees and Civil Penalties that were enacted pursuant to Resolution No. 2001-R-08. NOW, THEREFORE, be it resolved by the City Council ofthe City of Edge water, Florida: Section 1. Modification of the Schedule of Fees and Civil Penalties Pursuant to Chapter 19 (Utilities and Services), the schedule of fees and civil penalties set forth in Exhibit "A", attached hereto and incorporated by reference, is hereby established. Section 2. All resolutions or parts of resolutions in conflict herewith be and same are 2002-R-14 1 hereby repealed. Section 3. This resolution shall take effect upon adoption. After Motion by the vote on this resolution was as follows: Mayor Donald A. Schmidt Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter and Second by AYE PASSED AND DULY ADOPTED this 3rd day of June, 2002. 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 2002-R-14 NAY CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2002 under Agenda Item No. 2 ~ \. o o o v o o ..... EXHIBIT" A" UTILITIES AND SERVICES WATER CONSERVATION VIOLATION SCHEDULE OF FEES AND CIVIL PENALTIES FEES Ifthere is a disconnection of reclaimed water service due to water conservation restrictions and/or violations, each customer will be assessed a twenty-five and nollOO dollars (25.00) re-connection fee for services. CIVIL PENALTIES Pursuant to Sections 373.613 , Florida Statutes, and Section 19-88 of the Code of Ordinances, City ofEdgewater, the City Council hereby establishes the following schedule of civil penalties for violations of Chapter 19, relating to misuse of potable, well or reclaimed water by any person who does not contest a citation and is not mandated to appear in court: 1. 2. 3. 15t offense: 2nd offense: 3rd offense: Warning Notice. $100.00 fine. $150.00 fine with disconnection of reclaimed water services which requires a $25.00 re-connection fee, for a total of$175.00. $475.00 fine with disconnection of reclaimed water services which requires a $25.00 re-connection fee, for a total of $500.00. $500 fine per violation. 4. 4th offense: 5. Continued abuse: 2002-R-14 3 -,;,. . o o o 1.\\. AGENDA REQUEST Date: May 10. 2002 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT x CONSENT -- OTHER BUSINESS .ITEM DESCRIPTION: Mayor's appointment to Volusia Growth Management Commission. BACKGROUND: Karen Hall's term on the Volusia Growth Management Commission will expire effective June 30, 2002. VGMC has indicated Ms. Hall has an excellent attendance record and has been a great asset to the commission. They are requesting that Karen be reappointed to the VGMC for another 3 year term. STAFF RECOMMENDATION: Council decision. ACTION REOUIRED .. Motion needed to appoint a member to.the Volusia Growth Management Commission. FINANCIAL IMPACT: (FINANCE DIRECTOR) (Specify if budget amendm~nt is required) PREVIOUS AGENDA ITEM YES NOX Date: AGENDA ITEM NO. . ed, N/~ Legal Review Susan J. adsworth City Clerk 'N~~ Kenneth R. ooper City Manager } u o 10 ~ 135 E. International Speedway Blvd Suite # 19 Daytona Beach, FL 32118 V olusia Growth Commission bN ~i~? May 9, 2002 Mayor Donald A Schmidt City of Edge water P. O. Box 100 Edgewater, FL 32132-0100 Dear Mayor Schmidt: On behalf of the V olusia Growth Management Commission, I am writing to inform the City of Edgewater that Mrs. Karen Hall's term on the VGMC will expire effective June 30, 2002. For the time, Mrs. Hall has been on the Commission her attendance record is excellent and contributions to the meetings interesting and informative. Mrs. Hall has been an asset to the Commission. Ifit pleases the City may I respectfully request the reappointment of Mrs. Hall to the VGMC. .When the City determines this appointment notification of this action may be forwarded to the VGMC office at the earliest possible date. Sincerely, ~ Sue R. Smith, Director Volusia Growth Management Commission ...................... ... (386) 947-1875 or 947-1876 CJ o o '1~. AGENDA REQUEST Date: May 13. 2002 PUBLIC HEARING RESOLUTION BOARD APPOINTMENT June 3. 2002 CONSENT ORDINANCE OTHER BUSINESS ITEM DESCRIPTION: Expiration of term for Kristine Pluscec on the Planning and Zoning Board. BACKGROUND: Kristine Pluscec was appointed to the Planning and Zoning Board in July 2001 to complete the term of a member who resigned. That term expires on May 17, 2002. Ms. Pluscec has expressed a desire to serve another term on the Board. STAFF RECOMMENDATION: At their May 8, 2002 meeting the Planning and Zoning Board voted to send a favorable recommendation to City Council to extend Ms. Kristine Pluscec's term on the Planning and Zoning Board for 3 years. ACTION REQUESTED: Motion to appoint a member to the Planning and Zoning Board for a 3-year term. FINANCIAL IMP ACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO Respectfully Submitted By: ~ Pat Drosten Planning & Zoning Board Coordinator ,,!t .. .. AGENDA REQUEST '6.\~. Date: May 23, 2002 PUBLIC HEARING RESOLUTIONS ORDINANCE u CONSENT June 3, 2002 OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Agreement giving the City approval to utilize vacant property located at the corner of Lamont and North Ridgewood Ave. for parking during the 2002, 4th of July fireworks demonstration. BACKGROUND: F or the 2001, 4th of July fireworks demonstration the City Council had requested for the Fire-Rescue Association to locate alternative parking areas that would accommodate several vehicles for the July 4th fireworks demonstration. The City of Edgewater had entered into agreement with the owner vacant property at the corner of Lamont and North Ridgewood Ave. for the 2001 event. Weare requesting the City of Edgewater to consider the agreement again for the 2002, 4th of July demonstration. The owner of the property has agreed to allow the City to use the property for free temporary parking by the general public for the event. The permission is subject to the terms and conditions set forth in the attached agreement. '-> STAFF RECOMMENDATION: Staff recommends that the City Council give approval for the Mayor to execute the Event License Agreements for the use of the property above mentioned for the 4th of July fireworks show. ACTION REQUESTED Motion to approve attached agreements and authorize the Mayor to execute. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PREVIOUS AGENDA ITEM: YES NO XX DATE: N/A AGENDA ITEM NO. o Respectfully submitted, ~ C<. ~ ""A'2..- Stephen G. Cousins O~rY--c'~-L!~1 f'..t' J Robin Matusick, Legal Assistant President Edgewater Fire-Rescue Association ~-.--.~ ~. \~a~' ~\ 'i Kenneth R. Hooper \ U City Manager . ~. <- CITY OF EDGEW A TER EVENT LICENSE AGREEMENT (P ARKlNG - 4TH OF JULY) o THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this day of , 2002, by and between the CITY OF EDGEW A TER ("City") and NOW, INC., whose address is 115 North Ridgewood Avenue, Edgewater, Florida 32132 ("Owner"). WITNESSETH: WHEREAS, the City is sponsoring a 4th of July fireworks show within the City of Edge water (the "Event"); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater at the comer of Lamont and North Ridgewood A venue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for 0 the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth hereinbelow, the City and Owner, each intending to be bound, hereby agree as follows: 1. Recitals. reference. The above recitals are true and correct and are incorporated herein by 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on July 4, 2002. o (Agreement/Event License Agreement - Now - 4th of July, 2ob2) ~. j .. u '0 o 4. Insurance: Indemnification. In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of, related to or caused by the City or its invitees in the exercise of any of the City's rights hereunder. 5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. OWNER: VIRSAN,INC. ,)J\d. ~~ A;rv- Print Name: Mohammed M. Azam Owner/President Dated: "G~\b -V ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Susan J. Wadsworth City Clerk Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant 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 Approved by the City Council of the City of Edgewater at a meeting held on this day of 2002 under Agenda Item No. (Agreement/Event License Agreement. Now - 4th of July, 2002) /.. ". ;t- AGENDA REQUEST '6,~. PUBLIC HEARING Date: May 23,2002 RESOLUTIONS ORDINANCE '-> CONSENT June 3, 2002 OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Agreement giving the City approval to utilize vacant property located at the corner of East Palm Way and South Ridgewood Ave. for parking during the 2002, 4th of July fireworks demonstration. BACKGROUND: For the 2001, 4th of July fireworks demonstration the City Council had requested for the Fire-Rescue Association to locate alternative parking areas that would accommodate several vehicles for the July 4th fireworks demonstration. The City of Edgewater had entered into agreement with the owner vacant property at the corner of East Palm Way and South Ridgewood Ave. for the 2001 event. We are requesting the City of Edgewater to consider the agreement again for the 2002, 4th of July demonstration. The owner of the property has agreed to allow the City to use the property for free temporary parking by the general public for the event. The permission is subject to the terms and conditions set forth in the attached agreement. o STAFF RECOMMENDATION: Staff recommends that the City Council give approval for the Mayor to execute the Event License Agreements for the use of the property above mentioned for the 4th of July fireworks show. ACTION REQUESTED Motion to approve attached agreements and to authorize the Mayor to execute. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A PREVIOUS AGENDA ITEM: YES NO XX DATE: N/A AGENDA ITEM NO. Respectfully submitted, o ~ c.. ('ou.,,'-:- Stephen G. Cousins President Edgewater Fire-Rescue Association ~~. . 1 t J J0p t' A::.... Legal Review ~~~ ~ \\.O~~ '\.""\~ Kenneth R. Hoop~r \U City Manager ~ EDWIN D. DAVIS, II, EA. ArrORNEY AT LAW 900 BIG TREE ROAD SOUTH DAYTONA, FLORIDA 32119 PHONE: (386) 788-7077 FAX: (386) 767-1646 May 21, 2002 City of Edgewater P.O. Box 100 104 N. Riverside Drive Edgewater, FL 32132-0100 Attention: Tracey T. Barlow Re: City of Edgewater Event License Agreement between Virsan, Inc. and the City of Edgewater Dear Mr. Barlow: Enclosed please find two executed Event License Agreements. Please have the appropriate parties execute the Agreement for the City and return one fully executed copy to me along with proof of insurance prior to July 4, 2002. Sincerely, EDWIN D. DAVIS, II, P.A. ~~J~? EDWIN D. DAVIS, II EDD,II:ljb Enclosure(s) ~ .... " o o o r ~. u o o CITY OF EDGEW A TER EVENT LICENSE AGREEMENT (P ARKING - 4TH OF JULY) THIS CITY OF EDGEWATER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this day of , 2002, by and between the CITY OF EDGEW A TER ("City") and VIRSAN, INC., whose address is 900 Big Tree Road, South Daytona, Florida 32119 ("Owner"). WITNESSETH: WHEREAS, the City is sponsoring a 4th ofJuly fireworks show within the City ofEdgewater (the "Event"); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater at the comer of East Palm Way and South Ridgewood Avenue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth hereinbelow, the City and Owner, each intending to be bound, hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein by Recitals. reference. 2. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. 3. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees (Agreement/Event License Agreement - Virsan - 4th of July, 1002) ~.... i attending the Event. The license shall be effective only on July 4, 2002. 4. Insurance: Indemnification. * In consideration of the granting of the license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of, related to or caused by the City or its invitees in the exercise of any of the City's rights hereunder. o 5. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: ~~~ 8-duc(v) cfiL1~ OWNER: VIRSAN,INC. ~ ~~~::i;. S rG<... . Q Print Name: XD:lMfaD!IH Edwirf D. Davis I XNm~~~~Secretary Dated: May 21. 2002 ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Susan J. Wadsworth City Clerk Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant 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 Approved by the City Council of the City of Edgewater at a meeting held on this day of 2002 under Agenda Item No. o (Agreement/Event License Agreement - Virsan - 4th of July, 21:>02) *"Adequate insurance coverage" is defined as liability coverage with limits of no less than $1,000,000.00. City hereby agrees to provide Owner with written proof of insurance showing Owner as a loss payee no later than the date of the Event. j o o o ~ ~.c. AGENDA REQUEST Date: May 28, 2002 PUBLIC HEARING CONSENT X RESOLUTION OTHER BUSINESS ORDINANCE CORRESPONDENCE ITEM DESCRIPTION: Declare City assets as surplus and grant permission to dispose of the items through donation, auction or trash disposal. BACKGROUND: The City has the items listed in the attachment determined to be surplus by the Department Directors and the City Manager. Council must approve all items as surplus, however, before any of these items can be disposed. The auction will be held in conjunction with the City of New Smyrna Beach, the City of Daytona Beach Shores and the City of Ponce Inlet, at the New Smyrna Beach Public Works Compound on June 22,2002. The auction will begin at 9 a.m. STAFF RECOMMENDATION: Staff recommends approval of declaration of the attached list of items as surplus and therefore they can be disposed through donation, auction or trash disposal. ACTION REQUESTED: Motion to declare the list of items as surplus and allow for disposal by auction, donation or trash disposal. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, ~~~~~~ Michele Goins Murphy, CPA"" ~ Finance Director Concurrence: ~ ~~ e eth R. Hooper City Manager ~ \ Q)Q)Q)Q) Ol Ol Ol Ol ro ro ro ro L... L.. L.. 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C)~s: ""'''1 v 1.0("1)("1) ....."10 1.C)~~ ~~<O ~oorom z<(.......... ~ ~ ~~ 'co 'co ~ ~ 1--1-- ~ ~ ~ Q) ooiii~ C C U ~ ~ ro ~ 1--'=1-- Q)Q).c 00 00 00 00 0 ~~~ 1.0 --I-- ~ "I ~~a. o ~.....~ - - E .QQ)li..<o 1.C)1.C)~ o1:~1.C) ~vvo 1--0 & ~ ~ ("I):g.~ .~ 0 cl.C) ("I)ro~~1.C) E ~:.c UJ <( I"- Q) ro ro ("I) oo=uC)R~C3UUE 6:~~$N~~~~~ Q) ffi x .S U .~ ~ .;:: .;:: ~ .~ E ~ a: Cii g- ~ Q) Q) "0 ~oo~ro1:u>EEo U Q) Q) ..... .;:: ~ ~ <( <( 0 ~C.cro~~w ~c""':Q o~~~~ I-- ro e ~ ~ .~ ~ 0) 0) 0) <o~mOI~W............... o :to I u z o i= <( o o -J W (!) c: ~~ Oz- I- '- tnO I- Z l/) W.lll:: :!: 0 I-s: 0:: <.> <(.- 0..:0 W ::I Co.. o =It ~~ ~~ <(~ -,.... O::....J We> tn....J N .... 0 ~ 0 .~ N 0 0:: I- 0 -c u. Ql .0 tn ro :!: u: W C 0 0 Z 0 <D 0 :!:Q; i= 0 W~ ::::l CM <C .. qJt . AGENDA REQUEST Date: Mav 10, 2002 o PUBLIC HEARING RESOLUTION ORDINANCE CONSENT OTHER BUSINESS ./' BOARD APPOINTMENT ITEM DESCRIPTION Edgewater Fire Rescue Assoc. Inc is requesting a Special Activity Permit to hold a 4th of July Celebration on July 4, 2002 along Riverside Drive. BACKGROUND The Edgewater Fire Rescue Association has been hosting a 4th of July celebration for area residents since the 1950's and plan to continue this tradition in 2002. Plans for this years event include a parade, fishing contest, food, games, entertainment and fireworks with an estimated 2,000-3,000 Q people in attendance spread from Kennedy Park to Menard-May Park. Riverside Drive will be closed from Ocean Avenue to Lamont Street as well as the closure of the boat ramps at Kennedy Park. There will be lighted parking areas with sanitary facilities. Live entertainment will be provided as well as food vending booths. Attached you will find the Associations plan of action. SURROUNDING AREA The area surrounding Kennedy and Menard-May parks include the Indian River to the east and residential sites (vacant and improved) west as well as City Hall to the west of Kenney Park. STAFF RECOMMENDATION Staff recommends approval the Special Activity Permit for the Edgewater Fire Rescue Association to hold a 4th of July Celebration. o ACTION REQUESTED: Motion to approve the Special Activity Permit for the Edgewater Fire Rescue Association to hold a 4th of July Celebration. july4 - fire-rescue FINANCIAL IMP ACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: DATE: july4 - fire-rescue . . YES NO X AGENDA ITEM NO. o O~{-ITij 0J.o{\J\ Robin Matusick Legal Assistant 2 ~"-"'~ ~.~ ~ i:-- Kenneth R. Hooper \ U City Manager o o Name ofEvent:Ed ewater Fire Rescue Assoc. & Ci t of E July Cele ratlon ,DescriptionofEvent: Parade, fishinq contest, food, games, entertc:linmpnt and fireworks. o Date(s) of Event: July 4, 2002 Time(s) of Event: 10: OOa. In. - 10: nnp. m_ Set-uprrear down dates: (ifneeded): July: 3rd and July 5th Expected Attendance: 2,000 _ 3,OOOppnplp !':prp;:\n Frnm R'eTlpedy - M;:\yn;:\rd Park Will admission be charged? ( ) Yes ec) No Will outside live/recorded music or sound amplification be used? (x) Yes-Hours? 4-9 Will vendors be at the event? . ~) Yes ( ) No How many? 10 If yes, please check the following that apply: . X Food . ' Q Q .. ,- CITYOFEDGEWATER SPECIAL EVENT APPLICATION t-1A'( (i 3 . r~ " ~ . ,I ,'"'; ~ . ~. , I ~. l . ,..-r"":X This application must be completed in its entirety ~d submitted to the. pIAnnlrlg ;Deplfifui~nt~t least 60-days in advance of the activity. Incomplete applications will be returned to the applicant and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION May 3, 2002 Date Applicant Name: stephen Cousins Sponsor/Organization Name: Edge~ter Fire Rescue Assoc. Inc. ApplicantlSponsorAddress: P.O~ Box 1027 Edqewater, Florida 321 ~2 AddresslLocationofEvent: Kennedy Park and Maynard. Park Local Contact Telephone Number: 424-2445 Emergency # 869-0171 :( pager) ( )No Alcoholic beverages X Soft drinks ArtsICrafts X Other (specify) Kids qames What equipment will be required/used? Check all that apply. Water X Electricity ..- X Barricades X Trash Cans (How Many?) (How Many?) 24 10 Special Event Application5-1-Q2 1 .. 4 Which of the following will be used? . Banner Other (specify) The following shall accompany this application: X PIan submitted to reflect location and number of vendors, parking layout, and sanitary mciIities. A letter stating the applicant acknowledges that they are financially responsible for all additional services provided by the City which may include, but are not limited to the following: trash pick up, utilities, code , enforcement, law enforcement, etc. The applicant shall post a bond or provide insurance iIJ. the amount of. $200,000.00 to hold the City harmless of any arid all liabilities. . Submittal of a listing of all affected property owners within SOO-feet (listing to include names and addresses of all owners and list may be obtained from the Volusia County Property Appraisers Office). Type of organization: X Non Profit X .X X Booth Temporary Tents FireworkslPyrotechnics Temporary Signs (Ramp Closed ect.) Canopy Amusement Rides ~ o X X X X Portable Restrooms (How Many?) 8 o Charitable For Profit Tax Exempt # Name of Organization or beneficiary Federal LD. # Tax # Individual SS # If you are requesting City assistance with your event, please descn"be: Trash pi~k-llp o law-enforcement, portable rest rnnrns, fi rp-n:=>c::rllP Special Event Application5-1-02 2 .. Road closures (list street name(s) and date(s) all streets closed for an event must be reopened within 30-minutes of the end of each day of the event. Riverside Drive from Ocean ~ to Lamont, July 4, 2002. The applicant shall comply with an requirements contained in Section 21-37 (Special Activity Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the City of Edge water Code of Ordinances.... If sound amplification is associated with this eyent, I agree to monitor the sound level so that it remains within the limits of the City Code. If valid noise complaints are received, I agree to reduce that noise to a satisfactory leveL I further understand that if reducing the noise does not . control citizens' complaints, the source of the noise will be terminated. ~ Signature of applicant: ~.~. < ~ Date: May 3, 2002 ,,",.:I.\>, o Special Event ApplicationS-l-02 3 .. FOR OFFICE USE ONLY POLICE DEPARTMENT APPROVED DENIED DATE () COMMENTS/CONDITIONS SIGNATURE: FIRE DEPARTMENT APPROVED DENIED DATE . COMMENTS/CONDITIONS . SIGNATURE: PLANNING DEPARTMENT APPROVED DENIED DATE COMMENTS/CONDITIONS .. SIGNATURE: BUll.DING DEPARTMENT APPROVED DENIED . DATE 0 COMMENTS/CONDmONS SIGNATURE: CODE ENFORCEMENT APPROVED DENIED DATE COMMENTS/CONDmONS SIGNATURE: .() Special Event Application5-1-02 4 '-> o o ... Edgewater Fire Rescue Association City of Edgewater July 4th Celebration IlA~Lo{elAtA~tLOlA pLC! lA Stephen Cousins Association President P.O. Box 1027 Edgewater, FI 32132 Edgewater Fire Rescue Association Annual 4th of July Celebration Event Times: Fishing contest 11 :OOam - 1 :OOpm Annual Parade from 442 to Park Av 3:00pm Food, Games, and Entertainment 4:00pm - 9:00pm Live music at Menards May Park 4:00pm - 9:00pm Bike decorating awards 6:00pm Fireworks at dark Road Closure: Riverside Drive from Ocean Av. To Lamont St. Ramp Closure: Kennedy Park all day on July 4, 2002 Parking Area: Lot 1 Lamont and US 1 Lot 2 Palm Way and US 1 Parking areas will be open from 3 :OOpin till 1 hour past the fireworks display. Parking areas will have lights and port-o-lets. u <.) () ... c.; Organizational Plan: The organizational chart will follow the Incident Command System. An LC. will be established and the LC.S. system will be followed. All personnel assigned to the event will be briefed as to the organizational chart, the chain of command and point of contacts. The Command Post will be set up in the shuftleboard clubhouse and will be made available to all assigned personnel. A command board will be placed in the Command Post and also available for all personnel to view. (see attached) Communications: City 1 talk group will be assigned as the primary "channel" for the event. All personnel assigned to the event from Police, Fire, Parks and Public Works departments will have the City 1 talk group selected at all times but may monitor any other talk group normally assigned to their department. The fire dispatcher will monitor all activity on this talk group and may contact the LC. or 'other individuals when appropriate. Emergency radio traffic will take priority over all other nidio traffic. This. system will allow for an organized delivery of information during the event. Some of the most common problems that occur are, lost children, event information, illegal parking and calls for medical attention. o Road Closures: Road closures are as followed. On July 4,2002 Riverside Drive will be closed from Ocean Avenue to Lamont Street. This road closure will start at lOam on July 4th. This road closure will allow for event set up, and then for travel passage to and from the parks as well as a viewing point during the fireworks display itself. The roadway will be closed off using hard barricades. It will be the responsibility of the Police Department to obtain the barricades. The Association will deploy the barricades at lOam and notify the Police Department. The Police Department will deploy C.A.P.s on golf carts (provided by The Oak Hill Golf Course) to patrol and maintain the security of the road closure. u Boat Ramp Closure: The Kennedy Park boat ramps will be closed starting at lam on July 4, 2002. These ramps will need to be closed to the public and free of vehicles for many reasons. The ramp and adjacent area will need to be used for event set up, viewing of fire works display and the area must be clear of boats and all non-essential personnel during unloading of fireworks. The Police Department will provide extra patrol to Kennedy Park to maintain the ramp closure. A patrol officer will need to be present during the process of unloading the fireworks. Parks & Recreation will post signs prior to the event that outline the park ramp closure. The Association will advertise the closure in the newspaper and at local bait shops. A flier that lists all other alternate boat ramps that will be open for use will be accompanied with the closure. Traffic Control: The traffic control plan will be the responsibility of the Police Department and will be submitted at a later date. Law Enforcement: The Police Department will be in charge of all Law Enforcement. The Police Department will have 2 bike officers assigned to the event. These officers, along 'Yith C.A.P.s, will provide for the security of the city property, boat ramp and road closure, the spectators and the residents. These officers can also act as a point of information for the daily events. u Fire I Medical: The Fire Rescue Department will be responsible for all Fire and Medical incidents during the event. The Fire Rescue Department will provide personnel for a first aid station to be located in the community center and at each concession stand (boat ramp, Riverside Dr and Menard Park). These personnel will also be ready to respond on the event grounds in case of a medical emergency or fire. Refuse: The refuse disposal will be done as a coordinated effort between the Public Works and Parks & Recreation. Public Works will provide a refuse truck to be used as an on site dumping facility. Parks & Recreation will provide additional trashcans at both parks (Kennedy and Menards) as well as travel routes in between. Parks & Recreation will provide 2 (gator) A TV s for trash pickup from the parks and to be disposed of at the on site dumping facility. Parks & Recreation will provide the 2 personnel and Public Works will provide 2 personnel to pick up the trash using the provided equipment. The Parks & Recreation Department will assure that all the trash in the parking areas, event area and adjacent property areas are picked up and properly disposed of. . () Public Restrooms: The Parks and Recreation Department will be responsible for the readiness and maintenance of all public restrooms prior to and during the day of July 4th. Parks & Recreation will be responsible for ensuring that there are enough public restrooms to meet the needs of the events crowd (port-o-Iets may need to be placed to meet the needs). Parks & Recreation will provide the personnel needed to maintain all public restrooms. Police and Fire personnel will assist with monitoring of restroom conditions. (see attached map) Parking Areas: Two parking areaS have been designated. The first being located at Palm Way and US 1. This parking area will be manned by a non-profit organization for donations. There will be a port-o-Iet located at this site as well as a lighting system. Pedestrian traffic can travel down Palm Way to Riverside Drive and disperse as desired. The second parking area is located at Lamont and US 1. This parking area will also be manned by a non-profit 0 organization for donations. This parking area will also need a port-o-Iet and lighting system. Pedestrian traffic can travel from the parking area to Wilkinson and then to Park A venue and then onto Riverside Drive and disperse as desired. The Fire Rescue Department will be responsible for obtaining the lighting. The Legal Department will provide hold harmless agreements to the property owners. As part of the agreement the u Public Works department will mow both fields prior to the event and will assure that all trash is picked up and properly disposed. The City Hall parking lot will be designated as handicap parking only. Any persons with the appropriate sticker will be permitted to park. Entertainment: Live entertainment will be provided at both parks. Live bands will be playing at Manards Park. These bands will be situated out of any roadway or other commonly utilized area. The bands amplifiers will be situated in a manner that they will not face the . residential areas. These bands will perform from 4PM till 9PM on July 4th. Kennedy Park will have a DJ located in front of City Hall. Again the DJ will situate the amplifiers so that they are not directed towards the residential areas. Vendors/Booths: Booths that serve soda and food will be located throughout the two parks. All cooking areas will meet all local and state guidelines and regulations. Many of these booths will be located under canopies for sale, such as cotton candy and sand art. All beverage booths will be self-sustaining and require no extra accommodations. The association will run all of these vendor booths; there will be no outside vendors. o o ~ o .~ ta ~ Q) ~ Q) U ..0 ...... ~ ..0 ~ ~ c\S ~~ <0 r- , ~ rJ'l c\S ~ ~ o .~ 0 ~ 'n "'\,I ~ . ~ "'\,I U N o .~ ~ a < e!> Q)O ~ U rJ'l ~ Q) ~ .~ ~ ~ Q) ta ~ Q) on "'0 ~ ~ (/) (/) - .c. ~ - c:: .... 0 (/) Q) u ~ 0 Q) E Q) al E c:: 0: "0 cu O(ij u.. 0 (9 t 0 Q) u.. - c:: W Q) (/) :l ~ c:: () 0 (/) 0 :p Q) ....J cu 0::: C) ;Q ~ c:: c:: 32 :l u: .... E cu c.. E 0 .... 0 Q) "0 c:: (/) cu c:: c:: E Ow Q) 0 c.. () E5~ :l c:: 80 "u I cu ~ c:: -Q)~ .2 ~ c:: > (/) c.. c:: (.) Q)Q)<( c:: Q) .(ij :2Ci5 0 (/) ~ () :p .a c:: CU.c. Q) (/) E"5 0::: ~ .... .EO::: cu c:: c.. c:: () cu =0 .0 (/) ~ :l ~ () 0- c.. .... :::s :l 0 .... I ~ I- ~ .2 Q) c.. C) cu Q) -e (/) cu .2 (9 Q) 0::: (/) Q) (5 C) .... :l .... c:: - (/) c:: :~ ..Q 0 0 0 0 c.. "0 () 0 cu IE 02 0 cu .0 0::: .... I- :l c.. ",~', DO ! i' ... I I., ~;. ,0 ! Sf : :- . Ct e .. '.. -,- o f. : I J 1 ~ . , ..~ . :~" r~:'i~ ~ "~....~......ll. .~....=jl..'...lf =.... . .~ '., ;~.' .1. ~ q.o. '1 ,,;ct .... .. . .. -"]k~~. .... \.. I==\~L \~ t . ~ ? \ L.. +~~.~ _JL.. 1- ' .j M' \U~ . - .' .. -l :.0 .,,,, -. - ,.--. . 0: 1\ . - ~~ ~ I ~ ~ j' L.., ~ma.r C3ti r Il:~r\l"". +\4,"'\~". --' ...... ..... . o Co ~ x:. ~ - ... n .. II) ~ . ,.. o 1. t'- ..t.tUJUMAc. =::l; i" ~e __ Ii -J.~ I - LJJ " ~~ -.. ~ , ij II I ~ "\ \_ I! # A.vtJJUf: -\1'. " FOR OFFICE USE ONLY POLICE DEPARTMENT APPROVED ")( DENIED " . DATE S-.j. (} 2 COM:MENTS/CONDITIONS C ~ P (LN/:f'f t'!L1-1/L;~ (;'('1/(' CAllfs o SIGNATURE~ ,.L ':Y Ilfst,,, "0 I FIRE DEP NT APPROVED,,/' DENIED " COMMENTS/COND;TIO~ ~ 0" SIGNATURE: ;1;r ~ PLANNING DEPARTMENT APPROVED V DENIED COM:MENTS/CONDI ONS rlf. DATE S'-/&-O:i .0 SIGNATIJRE: BUILDING DEP APPROVED COMMENrS/C TMENT DENIED ONS NJ1-0 _ ~ DATE 6/iO o SIGNATURE: CODE ENFORCEMENT " APPROVED'--- DENIED COMMENTS/CONDmONS SIGNATURE:~ V; ;l15--fL DATE~O;) 00 Special Event Application5-1-02 4 EDGEWATER FIRE/RESCUE ASSOC. t:it\l r.1"'.............~- -....J ... """"f."""~'"'. q.~. \) . RECEIVED MAY 1 5 ZDDZ P.O. BOX 1027 EDGEWATER, FLORIDA 32132 (904) 409-3333 Q May 15,2002 o Dear Mayor and Council, The Edgewater Fire-Rescue Association is requesting a waiver of the noise ordinance for the communities annual 4th of July Celebration. This celebration has been ajoint coordination between the City Council, staff and our Fire-Rescue Association for over 50 years. A fireworks display, disc jockey and live bands are just a few items scheduled for entertainment this year. We are respectfully requesting to obtain a waiver of the noise ordinance to allow for live bands to entertain at the Manard-May Park and a fireworks display over the Indian River. The fireworks display usually begins at dark (around 9 pm) and continues for 45 minutes to 1 hour. The live bands and disk jockeys are also scheduled to broadcast patriotic music during the fireworks display. All sound system equipment that will be utilized for the event will be positioned in such a way not to impact residents in the immediate area. Thank you for your support and consideration with this matter. We look forward to working with you to make this a successful and enjoyable event for our community. Sincerely, ~ C."b Stephen Cousins o