05-20-2002
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Voting Order
Mayor Schmidt
Councilman Brown
Councilman Vincenzi
Cnuncilwoman Rhodes
Councilwomanlichter
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AGENDA
CITY COUNCIL OF EDGEW ATER
REGULAR MEETING
May 20, 2002
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
A. The Children's Home Society to present a Certificate of Appreciation to all
their neighbors who help their children.
B. Employee James Martin to present a Certificate of Appreciation to the City
of Edgewater from t~e Department of Defense National Committee for
employer support of the Guard and Reserve.
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. 2nd Reading, Ord. No. 2001-0-76, amending Articles XIII (Subdivision) and
XIV (Historic Preservation) of the Land Development Code.
B. 2nd Reading, Ord. No. 2002-0-06, amending the Official Zoning Map from
County B9 (General Office) to City B3 (Highway Commercial) for .61 acres
of property located on the northeast corner of US 1 and Palm Breeze Drive.
C. 2nd Reading, Ord. No. 2002-0-07, amending the Official Zoning Map from
County B9 (General Office) to City B3 (Highway Commercial) for .65 acres
of property located on the southeast corner of US 1 and Palm Breeze Drive
along with two (2) vacant parcels to the east.
D. 1 st Reading, Ord. No. 2002-0-08, amending Articles XV (Airports) and XVI
(Fire and Hazard Prevention) of the Land Development Code.
E. Res. No. 2002-R-12, Rodney Jones, applicant, requesting abandonment and
vacation of a portion of 16th Street lying northeasterly of and adjacent to Lot
456, block 16, Florida Shores and a portion of Guava Drive lying westerly of
and adjacent to the westerly line of Lots 450 through 456 inclusive, block 16,
Florida Shores.
7. BOARD APPOINTMENTS
A. Firefighters' Pension Board (2) - Councilwomen Rhodes and Lighter's
appointments to fill expired terms.
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.
None at this time.
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City Council Agenda
May 20, 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.
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.
B. Engineering Services - staff requesting authorizing the City Manger to
execute Work Order #3 with Gierok Engineering, Inc. to provide
engineering services relating to the Final Design for Phase II of the
ParkTowne Industrial Center for a lump sum of$152,418.00.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
1) Reminder, regular meeting of June 17th moved to June 24, 2002.
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 3,2002, agenda must be received by the City Manager's
office no later than 4:30 p.m. Tuesday, May 28, 2002.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered
at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record
of the proceedings is made.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings
should contact City Clerk Susan Wadsworth, 386-424-2407, prior to the meeting.
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Cl{)er
MEMO
To:
City of Edgewater, Fl.
From:
Children's Home Society
Re:
Presentation of Thanks
Date:
May 6, 2002
The Children's Home Society wishes to extend appreciation to
all our neighbors who help our children.
'Ve are requesting an audience at your next Council meeting,
May 20, at 7 pm. Our presente." will be either Donna Marietta,
our Executive Director, or our Dil-ector" of Development, Reuee
Gahagan.
Thank You
Anne StJ"atis
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AGENDA REQUEST
Date: May 7, 2002
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PUBLIC
HEARING X
RESOLUTION
ORDINANCE May 20, 2002
CONSENT
OTHER
BUSINESS
BOARD
APPOINTMENT
ITEM DESCRIPTION:
Ordinance No. 2001-0-76
Amending Articles XIII (Subdivisions), and XIV
(Historic Preservation) of the Land Development Code.
BACKGROUND:
City Council voted to approve Ordinance No. 2002-0-76 at first reading on May 6, 2002.
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.
o STAFF RECOMMENDATION:
Staff recommends approval of Ordinance No. 2001-0-76 amending Articles XIII and XIV of the
Land Development Code.
ACTION REQUESTED:
Motion to approve Ordinance No. 2001-0-76, amending Articles XIII and XIV of the Land
Development Code.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: May 6, 2002
AGENDA ITEM NO.
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Robin Matusick Kenneth R. Hooper . D
Legal Assistant City Manager
C:\My Documents\council agenda requests\2002\2nd reading\LDC Xiii, Xiv.doc
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ORDINANCE NO. 2001-0-76
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA; AMENDING CHAPTER 21, THE LAND
DEVELOPMENT CODE BY MODIFYING ARTICLE XIII
(SUBDIVISIONS) AND ARTICLE XIV (HISTORIC
PRESERV A TION), PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND
CODIFICATION.
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WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, Chapter 163.3202, Florida Statutes requires adoption of a unified Land
Development Code which contains all regulations related to the development ofland in the City; and
WHEREAS, on July 10, 2000, City Council adopted Chapter 21, known as the Land
Development Code; and
WHEREAS, upon enactment, it was determined by City Council and Staff that any
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scrivener's errors would be corrected by amending specific Articles contained in the Land
Development Code; and
WHEREAS, upon reVIew, Article XIII (Subdivisions) and Article XIV (Historic
Preservation) 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 Edgewater,
Florida:
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Stl uck till ough passages are deleted.
Underlined passages are added.
2001-0-76
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PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE), BY
AMENDING ARTICLE XIII (SUBDIVISIONS) AND ARTICLE
XIV (HISTORIC PRESERVATION) OF THE CODE OF
ORDINANCES, CITY OF EDGEW ATER, FLORIDA.
Article XIII (Subdivisions) and Article XIV (Historic Preservation) 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.
StlUGk tllIough passages are deleted.
Underlined passages are added.
2001-0-76
2
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on May 6, 2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
the vote on the second reading ofthis 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 lick till ough passages are deleted.
Underlined passages are added.
2001-0-76
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
StI uck tlll ough passages are deleted.
Underlined passages are added.
2001-0-76
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.
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ARTI CLE XIII
SUBDIVISIONS
SECTION 21-160 - GENERAL PROVISIONS
21-160.01 - In General......... ....................... .......... .................................... ................. XIII-l
21-160.02 - Minor Subdivision .................................................................................. XIII-2
SECTION 21-161 - COMPREHENSIVE PLAN CONSISTENCy................................ XIII-3
SECTION 21-162 - PRE-APPLICATION PROCEDURES
21-162.01 - Pre-application Procedures ..................................................................... XIII-3
21-162.02 - Subdivision Sketch Plans ....................................................................... XIII-3
SECTION 21-163 - PRELIMINARY PLAT PROCEDURE
21-163.01 - Preliminary Plat Procedure ..................................................................... XIII-4
21-163.02 - Exhi bi ts .................................................................................................. XIII-4
21-163.03 - Development Plan .................................................................................. XIII-5
21-163.04 - Review Comments ......... ........................... ............................. ................ XIII-6
21-163.05 - Planning and Zoning Board/City Council.............................................. XIII-6
SECTION 21-164 - CONSTRUCTION PLANS
21-164.01 - Construction Plan Procedure .................................................................. XIII-8
21-1 G4.02 - COhStl tlctioh rlah SpGcificatiohs ........................................................... XIII 8
SECTION 21-165 - BONDS/SURETY DEVICES
21-165.01 - Bonds/Surety Devices . ........................................................................... XIII-9
SECTION 21-166 - FINAL DEVELOPMENT PLAN
21-166.01 - Final Development Plan ....... .................. ................................................ XIII-9
SECTION 21-167 - FINAL PLAT PROCEDURE
21-167.01 - Final Plat Procedure ............................................................................. XIII-IO
21-167.02 - Planning and Zoning Board .............. .................... ................................ XIII-II
21-167.03 - City Council ......................................................................................... XIII-12
21-167.04 - Recording of Final Plat......................................................................... XIII-12
21-167.05 - Final Plat Specifications Application ................................................... XIII-12
Article XIII
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode)
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SECTION 21-168 - REQUIRED IMPROVEMENTS FINAL PLAT REOUIREMENTS (;)
21-168.01 - General . .................................. ......... ..................................................... Xill-14
21 168.02 11oI1UIllc.l1t~.... .................. .... ................................................................. Xill-15
21-1 G8.03 - Stl c.et~ ................. ............ .......... ............................................................ Xill-15
21-1 G8. 04 - D I i dgc~ .................................................................................................. Xill 15
21 1 G8.05 Side ~ <11k~ ........................ .............. ....................................................... Xill 16
21 168.0G - StOll11~a:ter Ma:n<1gel11ent ..................................................................... Xill-16
21-168.07 - Utilitie~ ....... ............. .............................. ......... ...................................... X ill -16
21-168.08 - Regul<1tory ~iglt~ ................................................................................... Xill-17
SECTION 21-169 - DESIGN STANDARDS
21-169.01 - Cerlel <11 ............. ....................................................................... ............. Xill-17
21-169.02 - Lot~ <1ltd Dloek~ (most incorporated in Sec. 21-168.01 above) ............ Xill 18
21-169.03 - Street De~ign Sta:ndald~ (will move to Article V, Sec. 21-52.05) ........ Xill-18
21-169.04 - Public RGcrGatiolI & GpOI Space (will move to Art. V, Sec. 21-52.06)Xill 21
SECTION 21-19669- VARIANCES, EXCEPTIONS AND APPEALS
21-11669.01 - Variances ........................... ............................................................... Xill- 25
21-116 69.02 - Exceptions ........... .................. .................................................. ........ Xill- 26
21-11669.03 - Appeals ...................... ....... .............. .................................................. Xill-26
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Article Xill
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Rev. 5/02 (PoliciesProcedures/LandDevelopmenICode)
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ARTICLE XIII
SUBDIVISIONS
SECTION 21-160 - GENERAL PROVISIONS
These regulations are intended to aid in the coordination of land development in accordance with
orderly physical patterns; to discourage haphazard, premature, or scattered land development; to
encourage development of economically stable and healthful communities; to ensure proper
identification, monumentation and recording of real estate boundaries; to ensure to the purchaser of
land in the subdivision that adequate and necessary physical improvements of lasting quality will be
installed by the developer and ensure that citizens and taxpayers will not bear this cost; to provide
for safe and convenient traffic circulation; to provide an efficient, adequate and economic supply of
utilities and services to new land developments; to prevent periodic or seasonal flooding through
flood control measures and drainage facilities; to provide public open spaces in new land
development through the dedication or reservation of land for recreational, educational and other
public purposes; to help conserve and protect physical, economic and scenic resources; to promote
the public health, safety, comfort, convenience and general welfare; to serve as an instrument of
comprehensive plan implementation authorized by Chapter 163, Florida Statues.
21-160.01 - In General
a.
The provisions of this chapter shall be in addition to the specific requirements of Florida
Statutes regarding the subdivision of land, and subsequent sale of subdivided land.
b. . The provisions of this chapter are not intended to abrogate any easement, covenant, or other
private agreement, however, where the requirements of this chapter are more restrictive or
impose higher standards that the private agreement, the terms of this chapter shall control.
c. When an approved plat is recorded by the owner, all streets, right-of-ways, public lands,
easements and other facilities shall be deemed to have been dedicated to the parties noted on
the plat without further instrument or evidence being required. However, nothing herein
shall be construed as creating an obligation on the part of any governmental agency to
perform any construction or maintenance except where the obligation is voluntarily assumed.
d. All subdivisions shall be consistent with the policies expressed in the City of Edgewater
Comprehensive Plan and all other applicable ordinances and regulations.
e.
Subdivision Plat Required. No real property shall be divided into three (3) or more lots for
the purpose of sale or other transfer of ownership, nor shall development plans be approved
or permits issued, without compliance with the requirements of this chapter.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIII-I
f. Exemptions. The following activities shall be exempt from-mt-of the terms of this chapter,
unless otherwise noted:
1.
2.
3.
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The division of land in single ownership into parcels of not less than five (5) acres
each, where no new street right-of-ways are proposed or required, and each parcel has
a minimum frontage along an existing dedicated public road of no less than one-
hundred feet (100').
The combination or recombination of previously platted lots or portions of lots,
where the overall number of lots is not increased, and all of the resultant lots meet
or exceed the dimensional standards of this code.
(Moved to 21-160.02 below)
The division of a parcel of land pursuant to court order or a cemetery lot or interest
therein.
21-160.02 - Minor Subdivision
f:-
A mMinor s,S.ubdivision shall be exempt from the review and approval of a plat, however,
development plans meeting the requirements of this code shall be approved required and subiect to
review and approval by the City. A minor subdivision is defined as meeting all of the following
criteria:
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td]4.
~5.
An overall tract in single ownership of no more than ten (10) acres that is divided
into no more than three (3) contiguous lots.
No adjoining lots, tracts or parcels are in the same ownership.
No new streets are proposed or required.
No dedication of right-of-way, drainage areas, utilities, conservation areas, or other
publicly maintained property is proposed or required.
All proposed lots meet or exceed the dimensional requirements of this code, and
required easements for utility, drainage, conservation, or other purposes are
delineated for transfer to the city as part of the development order.
(l)\VMGI alId SGWGI SGI vkGS alc, available- to se.! vice. thG plOpGlty.
An application for a Minor Subdivision shall include the following:
I. A letter from the property owner requesting: the Minor Subdivision and explaining
the intended use of the lots.
2. One (I) current sealed survey of the existing parcel as laid out prior to the proposed
subdivision.
3. Three (3) sketch plans prepared by a professional licensed land surveyor showing the
proposed lots, including a legal description for each, area calculations, location and
size of water, sewer, flood zones and any wetlands areas.
4. A current Ownership and Encumbrance Title Report.
5. Any additional material deemed necessary by the Planning Department.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XID-2
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Once the application is found to be complete and the fee paid, the TRC shall review and approve the
proposed Minor Subdivision. If approved, the appropriate documents shall be recorded by the Clerk
of the Court at the applicants expense.
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In order to accomplish these purposes, all land, buildings, streets, drainage and utility facilities shall
comply with the procedures and regulations established herein.
SECTION 21-161- COMPREHENSIVE PLAN CONSISTENCY
The intent of the this Section is to create reasonable design standards for subdivision development.
Although the provisions herein mostly apply to residential subdivisions, they are also generally
applicable to commercial and industrial subdivisions. The regulations contained herein are
consistent with the policies and requirements of Chapter 177, Florida Statutes.
The provisions of this Section are consistent with and implement to Comprehensive Plan policies
listed bde w. contained in the
Future Land Use Element", - 1.1,5.8 &. 5.11
Traffic Circulation Element", -=-5:Z
Housing Element", - 2.2 & 2.3
Drainage D1clllent", 3.1 &. 3.2
Reeh,uge D1clllent Utility Element, =-2-:+
Coastal Zelle ManagemelIt Element -=-3:t and
Recreation and Open Space Element - 2.1, 2.2, G.l G & 7.2
a.
b.
c.
d.
U e.
f.
g.
SECTION 21-162 - PRE-APPLICATION PROCEDURES
21-162.01 - Pre-application Procedures
Before any land under the jurisdiction of the these subdivision regulations is to be subdivided, which
will require any new street, alley or public right-of-way to be created, or before any building, street,
drainage or utility construction in said subdivision is begun constructed, plans shall be approved by
the Planning and Zoning Board and the City Council according to the procedures established herein.
Prior to the preparation of the preliminary plat, the subdi v idel applicant shall confer attend a pre-
application meeting with the TRC to become familiar with the regulations affecting the land to be
subdivided.
21-162.02 - Subdivision Sketch Plans
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The subdi v idel applicant shall submit a sketch plan for the proposed overall development of the
subdivision. This procedure does not require ~ formal application or fee. and The sketch plan shall
include the following:
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) xm - 3
a. Drawings at an approximate scale showing tentative street layout, approximate rights-of-way
widths, general lot arrangements and total acreage.
b.
Existing structures, streets, median cuts, waterways, wooded areas, landscape buffers,
floodplains, swamps or wetland areas, and stormwater management facilities.
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c. Proposed land uses, density (dwelling units per acre), adiacent existing zoning and areas that
may be reserved for park, recreation, school sites or natural open space areas, phasing and
any other appropriate information to make a fair presentation of the proposed development.
The TRC shall review the sketch plan for conformity with the comprehensive plan and-these land
development regulations. Appw v al of tile Sketch plall sllall illdieate aceeptaliee of the- gelier al
o vCl all dcvdopnle-lit SclKlllG. The TRC Ilia)! Ie-quiIe further dlallges ill the subdi v ision as a result
of furtheI study of detailed illf'Ollllatioll ill tile prdilllirlal)' plat.
The subdi v ider applicant or his agent shall attend the TRC meeting at which the sketch plan is to be
discussed to explain the proposed development.
SECTION 21-163 - PRELIMINARY PLAT PROCEDURE
21-163.01 - Preliminary Plat Procedure
Submission and approval or conditional approval of a preliminary plat and construction plans shall ()
be a prerequisite to the development of any subdivision, other than minor subdivisions as described
herein. The preliminary plat shall be submitted before the submittal of the final construction plans
and final plat. <met The preliminary plat shall include the overall preliminary design for the entire
area that is proposed to be subdivided and/or developed.
a. Application for preliminary plat approval. The subdi v ideI applicant shall submit to the
Planning Department the following:
1. A completed application form and appropriate fee.
2. Eight (8) black or blueline prints and one reproducible copy of the preliminary plat
and eight (8) copies of the required exhibits.
3. Two (2) statements describing the proposed use of the land signed by the subdi v ider
applicant or his agent and a draft of any protective covenants, conditions and
restrictions (CCRs) to be applied to the subdivision.
4. Two (2) surveys signed and sealed by a Florida Registered Surveyor.
Section 21-163.02 - Exhibits
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The following exhibits shall be submitted to the Planning Department at the time of preliminary plat
application:
Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) Xill-4
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a. An assessment of the ability of the proposed project to comply with the Concurrency
Management System requirements described in Article IX.
b.
A general assessment of the natural resource characteristics of the site that identifies the
location of any historic or specimen trees.
c. A preliminary assessment of environmental or natural resources.
d. A statement regarding the proposed irrigation system for any common areas.
e. A soil report based on a minimum of one percolation test per ten (10) acres and one, or more,
eight foot (8') deep soil borings at a percolation test site.
f. Tabulations of total gross acreage in the project, acreage in classified wetlands and acreage
in flood hazard areas.
g. Any other items that may be identified and required in the pre-application conference or
subsequently bv the City.
Section 21-163.03 - Development Plan
A preliminary plat application shall afro include a separate development plan that, at a minimum,
contains:
a. A vicinity map at maximum scale of one inch (1 ") equals four-hundred feet (400') showing
the relationship of the proposed subdivision to the surrounding area, zoning classifications
on adjoining properties, names of adjoining property owners and existing land uses.
b. Each A subdivision sllall be gi ven a name by w 11idl it sllall be kgally khO ~ n. Such a name
shall not be the same, or in any way similar to any name appearing on another recorded
Volusia County plat, except when the subdivision is subdivided as an additional unit, or
section, by the same developer or his successors in title. Every subdivision's name shall
have legible lettering ofthe same size and type, including such words as section, unit, replat,
etc.
c. The proposed lot lines, dimensions, lot and block numbers and setbacks.
d. The proposed street layout (including street names) with right of way widths and pavement
widths and estimated trip generation (traffic study) for any subdivision over 15 units.
e.
A topographic map with one foot ill contour intervals.
f. A map showing location and acreage of areas in floodplain and areas to remain at natural
grade.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) Xli - 5
g. A preliminary grading plan showing existing and proposed contours.
h. A preliminary drainage and surface water management plan.
1.
The proposed sewer collection system-type, general location, elevation, size sanitary sewer
collection, lift station location and connection to existing City system.
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J. The proposed potable water distribution system: line size, location, fire hydrants and
connection to the City system.
k. TIle. plOposcd lcdaillle.d and101 file. plOtcetioll watel lil1es if otllel tllall potable SYSte.lll, siLe,
gel1cralloeatiol1, al1d loeatioll of Ilydlal1ts.
k. Common areas, including but not limited to, recreation areas, common open space, trails and
areas for identification signs.
1. A tree survey that 10Gates depicts and identifies all trees twelve inches (12"), or greater, DBH
and identifies which trees witt are proposed to be removed.
m. The location and typical cross sections of sidewalks, bikepaths and trails.
n.
A preliminary landscape plan for common areas ahd a pldilllil1<uy shea tlee plah.
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o. A preliminary street lighting plan.
Section 21-163.04 - Review Comments
The Planning Department shall transmit one copy of the preliminary plat to the city engineer,
building official, police chief, fire chief, Florida Power and Light, Southern Bell Telephone, City
Attorney and other appropriate agencies. Each of these agencies shall review the preliminary plat
and submit written leports, whicll sllall comment~ 011 faGtols Idatil1g to tile plat, whidl beaI upon
tlic public il1teI GSt.
Section 21-163.05 - Planning and Zoning Board/Citv Council
a. The Planning and Zoning Board shall review the preliminary plat, required exhibits,
development plan and the review comments to determine conformity with the comprehensive
plan and these the land development regulations. 111 additiol1, pal ticulal attcl1tiol1 sllall be
givell to tile aIIal1gelllel1ts, 10eatiOJls al1d width of sheets, theiI Idatioll to tile topo~lapl(y of
tk lal1d, soil cohditiohs, watGI supply, sewage disposal, dtail1age, lot siLes ahd thGir .""\
aIIal1gclllent, al1d thc plescht Ot future dGvdoplllCht of adjoihihg lahds. \...,I
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b.
rublic Ileal i/Lg. The Planning and Zoning Board shall hold a public hearing on the
preliminary plat with due public notice. The subdivider applicant or his duly authoriz:ed
lepresentati ve agent shall attend the meeting of the Planning and Zoning Board to discuss
his the preliminary plat.
c. Zoning Boa I d Actio,l. Upon completion of its review and consideration at the Public
Hearing, the Planning and 7:Zoning bBoard shall take recommend one of the following
actions at the Public Hearing:
1. Approval of the preliminary plat approval.
2. Conditional plat approval, subject to any necessary modifications which shall be
noted on the preliminary plat or attached to it in writing and sigIIed by tI.c PlaIIlling
and Zvnillg Doard CllaiII1lan forwarded to the City Council.
3. Disapproval Denial of the preliminary plat. or altY portion tllercof, statiIIg the Such
denial shall be accompanied by reasons for such action ill w Iiting and/or reference
to the specific articles which the preliminary plat does not comply. The subdi v idGl
applicant may reapply for preliminary plat approval in accordance with the provisions
of this article.
d.
Notificatio'l of act;on. The action of the PlaIIIIillg and ZoIIiIIg Doard shall be noted on two
(2) copks of the prelilhinal Y plat, one COP} of w Ilieh sllall be letm ned to tIle subdi v ider aIId
tile othGl retained by tIle PlaIIIIiIIg Departnlent.
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G. Effect of Clppl oval. Approval of tile preliminary plat shall not be eonstmed as authOlity for
filing of the plat w itIl the Clerk of the Ciretlit Com t of V olwlia County, nor as author ity f'Ol
tllc sale of lots in rcfuenec thereto, but shall be decmed as cxpression of approval of the.
layout submitted as a guide to the preparatioh of the final plat. Prelinlinary approval, shall
expire and be of no fUl thel effect twcl vC (12) nlonths fl0ll1 the date of preliminary appro val
UIIleSS the time. is exteIIded by the Planning and Zoning Doard prior to the expirations,
other wise. tile subdi v ider luUSt leapply for prclinlinar y plat appro v al ill accordaIIce w itIl tile
pr 0 v isiol1s of tllis section.
d. The recommendation of the Planning and Zoning Board shall be presented to the City
Council for review and consideration at a public hearing.
e. Approval of the preliminary plat shall not be construed as authority for filing of the final plat.
Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) Xill-7
SECTION 21-164 - CONSTRUCTION PLANS
21-164.01 - Construction Plans Procedure
a.
Preparation of construction plans. Following approval of the preliminary plat, the
subdi v ideI applicant shall submit construction plans and specifications for all proposed
subdivision improvements. These construction plans must be prepared in conformance with
the City's Land Development Code spcdfiGation and stal1daIds must be prepared by a
professional engineer registered in the State of Florida. Tl.G de,vGIopo, at llis oWl1lisk, Ilia)
SUblllit eOl1stI ue,tiol1 plal1s fXH Ie view silllultal1cotlsly W itll t1.e prGIilllil1al y plat applicatiolI.
TIle, City W illllOt be, le,spol1sibk f-ol al(Y costs inetll Ie,d if si~l1ifical1t e1.allge,s ale, Icquile,d by
e,ithe,1 t1.e, TRC 01 tIle, Plahhil1g ahd ZOhihg Doald.
b. Submission and review of construction plans. The subdi v ide.1 applicant shall submit three
(3) ~ copies of pI ints of the eOlllpkted construction plans to the Planning Department for
review by the City Engineer and the Utilities Director. If the construction plans are
consistent with all standards and specifications, the City Engineer and Utilities Director shall
notify the Planning Department, in writing, of construction plan approval. If the construction
plans are not consistent with the approved preliminary plat or do not comply with all
standards, the Planning Department shall notify the subdi v idGl of applicant that the
construction plans are:
1.
Conditionally approved: construction plan approval, subject to any necessary
modification which shall be indicated on the plans or attached to it in writing, or;
Di5apploval Denied: of-the construction plans 01 any pOltioh tlle,IGOf, ihdicatil1g in
W Iitihg, shall be accompanied with a written statement outlining the reasons for such
disap pI 0 v al denial.
2.
21-164.62 - Con~tIndion Plan Specifications
Plans fol the lequiled implo vellleht5 51lall be applo ved by tile City Engihce.l alld tile Utilities
DiIcctOI pIiOI to eOl1stlUctioh ahd ohly aftCi apploval of tIle pIGIilllil1al)' plat by tile Plahhing ahd
ZOhihg Doald. Sue1. illlplOvellleht plal1s 51lall sllow 01" plOp05Cd loe,atiolls, size" type, glade, ahd
geneIal de,5igll katule,5 of each fadlity, ahd slla11 b" tlse,d (based) UpOI1 IGIiabk fiGId data.
a. lrrllpr 0 'Ve/1k;rtf LOIlSll udiolt JI avvirlgol. TIll ee, (3) blue,pl int dlaw il1gs shall be, 5tlbIuitted to the
Plahhing DepaItnleIJt. 511.111 be Id"leheed to th" nailIe ahd tlhit l1u111bCi of tIle ploposed
subdi v ision. shall s1.ow t1.e date. pIepal ed, de v ations based 011 tile 111(,(1:11 sea Ie, vd dattllll, al1d
511.111 5110 W tIle follo W il1g il1follllation.
1.
Stleet pIofile5. TIle plal1 ahd plofile of eadl pIoposcd stIeet ce,l1te,llinc w itll tentati ve
filllsll gl ades ilIdicated.
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2.
StIeet ClOSS 5ectioll. A ClOSS section of each plOp05cd stIect sllowilIg tllC width of
pavcInGnt, tllc 10catioII alId width of sidc~alk5, ~llCle lcquilCd, and lights-of-~ay.
Watcl supplics, SCWC1S ahd stoll1lwatcl dlaihagG. The plahs ahd plofiks of ploposcd
~atGl distIibutioh systGlus, sahitary sewClS alId stol1uwatGl1flahagGlucllt systClus w itl,
81 adcs ahd sizGs ilIdicatGd.
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SECTION 21-165 - BONDS/SURETY DEVICES
21-165.01 - Bonds/Surety Devices
Approval of the construction plans and preliminary plat is authorization for issuance of a
development order to proceed with installation of any improvements required and authorization to
proceed with the preparation of the final plat or unit division thereof, subject to the posting of a bond
or surety device as follows:
a.
Peiformance bond. If the applicant desires to plat the proposed subdivision P Qrior to the
installation of improvements, surety in the form of a performance bond, letter of credit, trust,
deed or escrow agreement approved by the City Attorney ahd thc City Couhcil shall be
delivered to the City and filed with the Clerk of the Circuit Court of V olusia County. Such
surety shall COvCI at least be one hundred ten percent (110%) of the cost of all required
improvements, such as streets, utilities and drainage, including landfill, with estimates
provided by the subdi v idGl applicant and approved by the City DhgihCCl Manager and the
Utilities Director. The surety shall be conditioned upon the faithful performance by the
subdi v idcr applicant of all work required to complete all improvements in the subdivision
or unit division thereof, in compliance with these regulations and shall be payable to and for
the indemnification of the City of Edgewater. Cash or a certified or cashiers check may be
deposited as security for performance of the bond. Once the work is completed ahd appl 0 v cd
by , certified bv the regulatory agencies and accepted bv the City Engineer and the Utilities
Director, the performance bond instrument may shall be released to the developer.
b. Maintenance bond. A maintenance bond in the amount of ten percent (10%) of the total cost
of all required street, utility and drainage improvements shall be posted as a condition to final
plat approval by the City Council. Such maintenance bond will be returned to the 5ubdi v ider
applicant at the end of two (2) years from the date of final inspection and approval of the
required improvements by the City and acceptance by the City Council.
SECTION 21-166 - FINAL DEVELOPMENT PLAN
21-166.01 - Final Development Plan
An application for final Development Plan shall be submitted to the Planning Department with the
appropriate fee and shall include seven (7) sets of plans containing the information described below.
Two (2) sets of signed and sealed engineering plans and specifications as well as two (2) surveys,
Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) Xm-9
signed and sealed by a Florida Registered Surveyor, shall accompany the application.
a.
A final Grading and Drainage Plan showing existing and proposed contours at one foot
intervals and cut and full calculations for the entire subdivision.
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b. A Landscaping and Tree Protection Plan, including landscaping and irrigation plans for all
common areas; the type, location and size of any fences, walls, and subdivision signs;
specimen tree locations and protection measures; vegetation preservation areas and required
buffer areas; and a Street Tree Plan.
c. A Natural Resource Protection Plan, including conservation easements, areas subject to fill
limitations and minimum road and building elevations.
d. A Phasing Plan, if any, showing phase boundaries on all drawings.
e. A Potable Water and Reuse Water Plan showing the line locations, sizes, elevations, fire
hydrants, and material specifications.
f. A Sanitary Sewer Plan showing location, elevations, size, lift station locations, service
laterals and specifications.
g.
A Final Street Layout Plan showing street locations by type and profile elevations,
ownership, maintenance provisions for any plantings in right-of-way, approved street names,
and construction details.
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h. A Street Lighting Plan showing location and type of fixtures and poles.
I. A Stormwater Management Plan showing retention/detention areas and stormwater
calculations. Ownership, access, and maintenance provisions, drainage facilities off-site and
connection to positive outfall system and material specifications.
1. Mandatory Homeowners Association convents, conditions and restrictions.
k. A public recreation/open space conveyance plan and/or required fees.
SECTION 21-167 - FINAL PLAT PROCEDURE
21-167.01 - Final Plat Procedure
a.
Lots shall not be sold or streets accepted for maintenance by the City, nor shall any permit , \
be issued by the Building Official for construction of any building within such any \..,I
subdivisions unless and until the final plat has been approved by the Planning and Zoning
Board and the City Council and duly recorded by the Clerk of the Circuit Court of V olusia
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIll-I 0
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County. The final plat shall conform substantially to the preliminary plat and shall
incorporate all modifications and revisions specified in the approval of the preliminary plat.
b.
Application for final plat approval. After preliminary plat approval, installation of all
required improvements.. and posting of a ~ maintenance bond, and payment of the
appropriate application and advertising fees the subdi v idel applicant shall submit to the
Planning Department the following:
I. A letter requesting review and approval of the final plat.
2. The original mylar tracing of the final plat and two (2) reproducible mylar copies.
3. Five (5) printed copies of the final plat with signed certification and other documents
as specified herein, and as required for recording by the Clerk of the Circuit Court of
Volusia County.
4. Ali appliGatioli fee paid to the City CIGlk of two pCACClit (2%) on tile. filst fifty-
tllousalid dollal s ($50,000) of thc I cquil cd illlPIO v ClllClitS fOI tllat pal t of thc
subdi v isioli fOI W hidl filial appl 0 v .11 is sougl/t, and onc pGlCCl1t (1 %) of tllc ncxt fifty-
tllousalid dollars ($50,000), and onc-half of OliC pCI CCl1t of tIIC Icnlaindcl as
dcte.ll11iliCd by tIIC subdi v idel alid applO vcd by tIIC City IJligil1cCI to' dcflay tllc
CXpCI1SC of ili vcstigatil1g alid actilig UpOli thc filial plat.
21-167.02 - Planning and Zoning Board
ba.
Before acting on the final plat, the Planning and Zoning Board shall receive a written staff
report fr 0111 tIIC City IJnginccr certifying compliance with 01 lioting dc v icrtioliS flOI11 the
approved preliminary plat and the rcquircmcnts of thcse. land development regulations. If
substantial errors are found in the accuracy of the final plat, the subdi v idcr applicant shall
be responsible for corrections in the surveyor the final plat. Any deviations from the
preliminary plat shall be noted in the written staff report.
Go If tllc filial plat l11ects alII e.quil e.llle.litS of tIle.se Icgulatiolis and conlplics with the applO ve.d
prc1inlilial y plat, the. rlal1l1il1g and Zoning Doal d sllall rccolllnlcnd applo v .11 of tJ.c final plat
to tIle. City COUllcil.
d.
If thc filial plat is disapplo vcd by the. rlaliliil1g and ZOliing Doal d, the. ICasOli fOI SUdl actions
sllall be. specified ili WI itilig. One copy of such I easons sllall be I etained by tile. rlaliliilig
Depal tnle.nt and the othel tral1smittcd to tile 5ubdi v ide!. The. 5ubdi v idcl may nlake. tJ.c
Icconll11endcd changes alid lcsublllit tile final plat to tile rlanllilig and ZOl1ing Doald.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) Xli-II
21-167.03 - City Council
a.
If the final plat meets all the requirements of these the land development regulations and
complies with the approved preliminary plat, the City Council shall review and approve the
final plat, and indicate its approval 011 Gad. copy by signature of the Mayor on the mylar copy
of the plat to be recorded.
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b. If the final plat is di5applOvGd denied by the City Council, the reasons for disapploval denial
shall be stated in writing. A copy of such reasons shall be sent to the Planning Department
and to the 5ubdi v idGl applicant. The 5ubdi v idGl applicant may make the necessary changes
and resubmit the final plat to the City Council for review and reconsideration.
21-167.04 - Recording of Final Plat
The final plat shall be recorded prior to the sale of any lot within the subdivision. Bpon After
recording, a copy of any private covenants or deed restrictions shall be provided to the Planning
Department. One reproducible copy of the final plat shall be retained by the Clerk and one blueprint
with the map book and page number shall be provided to the Planning Department. All recording
fees shall be reimbursed to the City bv the applicant.
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21-167.05 - Final Plat Spe:dficationsApplication
The final plat shall be drawn clearly and legibly at a scale of at least one inch equals fifty feet (50').
If more than one sheet is required, an index map relating each sheet to the entire subdivision shall
be shown on the first sheet. The final plat shall comply with the requirements of Chapter 177 Florida
Statutes, and contain the following:
a. Name of subdivision,
b. Name and address of 5ubdi v idcl all owners along with appropriate dedication blocks for each
owner.
c. North point, graphic scale and date.
d. Vicinity map showing location and acreage of the subdivision.
e.
Exact boundary line of the tract determined by field survey, giving distances to the nearest
one-hundredth foot and angles to the nearest minute, shall be balanced and closed with an
apparent error of closure not to exceed one in five thousand (5,000).
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f. Legal description of the-trnct platted property.
g.
Nalll':-!; of ownc,{5 of adjoihihg land witl. thc.il applOxilllatc. <l:G1c.agc. Contiguous properties
shall be identified bv subdivision title, plat book and page, or, if unplatted, land shall be so
designated.
h. Locations of streams, lakes, swamps and land subject to flooding.
I. Bearing and distance to permanent points on the nearest existing street lines or bench marks
or other permanent monuments (not less than three (3) shall be accurately described on the
plat).
J. Municipal and county lines shall be accurately tied to the lines of the subdivision by distance
and angles when such lines transverse (traverse) or are reasonably close to the subdivision.
k. The closest land lot corner shall be accurately tied to the lines of the subdivision by distance
and angles.
I. Location, dimensions and purposes of any land reserved or dedicated for public use.
m.
Exact locations, widths and names of all streets and alleys within and immediately adjoining
the new subdivision.
n. Street right-of-way lines showing angles of deflection, angles of intersection, radii and lines
of tangents.
o. Lot lines shall be shown with dimensions to the nearest one-hundredth foot and bearings.
p. Lots shall be numbered in numerical order and blocks lettered alphabetically.
q. Accurate location and description of monuments and markers shall be described on the plat.
r. Minimum building front yard setback lines.
s. References to recorded subdivision plats adjoining platted land shall be shown by record
name, plat book and page number.
t. Appropriate notes detailing covenants and restrictions.
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Joinder and Consent to dedication by all mortgage holders.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIII -13
SECTION 21-168 - REQUIRED IMPROVEMENTS FINAL PLAT REQUIREMENTS
21-168.01 - General
a.
All required improvements shall be provided by the 5ubdi v idGI applicant at his the
applicant's expense. All plans and specifications for the required improvements shall be
designed by a registered professional engineer and approved by the City EhgihGGj prior to
construction.
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b. The City EhgihG('I shall receive notice in adequate time to arrange for inspection of the
improvements prior to beginning of construction and at approximate staged intervals
thereafter. The City EhgihG(,J may require laboratory or field tests at the expense of the
developer when appropriate. Any failure of work or materials to conform to the plans and
specifications or failure to notify the City in time for indicated inspections may be cause for
the City Council to reject the facilities.
b:-c. reI mallEI!! contI 01 poillts. Permanent control points shall be set along the street right-of-way
or block lines at the PC's, PT's, PRC's, PCC's. and other changes in direction, excluding
those points located by PRM's.
e:-d. Ctt1[1J add Gutted. A system of curbs and gutters shall be installed by the 5ubdi v idGj
applicant, unless it applicant can be demonstrated that the provisions of curbs and gutters at
the proposed site is are inconsistent with the best stormwater management practices. The
width of curb and gutter shall be a minimum of twenty-four inches (24") and shall be either
FDOT type or Miami Curb and Gutter, depending on flow to be handled. There shall be
stabilized subgrade beneath all curbs and one foot (1') beyond the back of curb.
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ae. Lvi Ji.<.e. The lot size, width, depth, shape and orientation, and the minimum building
setback lines shall be appropriate for the location of the subdivision and for the type of
development and use contemplated. Lot dimensions shall not be less than the minimum
standards established in the zoning ordinance. Lots in residential districts which abut arterial
streets shall have a minimum depth of one hundred fifty feet (150') with a building setback
line established at a minimum distance of seventy-five feet (75') from the arterial street right-
of-way line unless marginal access streets are provided. Width and area of lots laid out for
industrial and commercial purposes shall be adequate to provide off-street parking, loading
and service facilities.
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ACLEJs. Each lot shall abut on a public or approved private street for a distance of at least
forty feet (40'). The subdivision shall be so designed that remnants and landlocked areas
shall not be created.
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cg,. Lot lines. Side lot lines shall be, as nearly as practical, at right curves to straight street lines
and radial to curved street lines. No lot shall be divided by a municipal boundary.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) xm -14
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dh. Double fi u,aage lot,). Double frontage and through lots shall be avoided except where
essential to provide separation of residential development from traffic arteries or to overcome
specific disadvantages of topography and orientation.
e!.,.
Block lmothJ. Block lengths shall not exceed fourteen hundred feet (1,400') or be less than
three hundred feet (300').
21-168.02 - Monnmellt~
a. JOe, "wnent , eft/ ence 1H0nwllc:;,dJ. Pc,dilaltc,nt I c,[C,Ic,ItC': shall be place M Iequilc,d by ChapteI
177, Hodda Statuc,s, M anlGllded. Moltul1l.:ltts sllall be 5Gt in tile g,loultd so tllat tIle tip is
flU51101 1I0 lliOI': tllalI Oltc, foot bdow tile filIisll glade
b. Te//lIanenf Cu,a, 01 point,). Pell1laltel1t control poiltg shall b.: 5C,t along tll': 5tIC,a I igllt-of- w ay
01 block linc,5 at tllc, Pe' 5, PT's, PRe' 5, PCe' 5. alId otll(,1 changGs ill dirc,ctioII, GxdudiIlg
tlIOS': points 10Gatc,d by PRM's. (Moved to 21-168.01 c.)
21-168.03 - Streets (Also .lee Secfion2]-169.0J - Sf/eef Ddign StanJu,ds)
TIle f"Ollo~ ilIg lc,quilelliGlIt5 sllall apply to all StI eets w itllilI tile subdi v isioI..
a.
GJad;rtg. All StIC,GtS shall be ekaled, gltlbGd alId gladed at tlldl full light-of-way widtl..
mOT standald spGdfiGatiolIs fOl load <\l1d blidgc, eOlIstruGtion indudes that tiC': IGlf10val
pc,Ilf1its shall bc, !CqUiIGd al1d all dGblis sllall b.: IGmovGd by tile dGvdopGI aft.:! Gonstltl.:tiOIl.
b. ruving. Road bas.: and pavilIg shall bc, iIlstalled in aCGoldancc, witll th.: spccificatiolIs alld
stalIdalds of SC,GtiOlI 21-169.03.
e. Cu, bs and CUUc:;, J. A systGl11 of CUI bs alId gunGIS shall bc, ilIstalkd by tllc, subdi v idc,r, ulIkss
it can bc, d':1110nstr<tl.:d that tl1.: provisiolIS of eUIbs and guttGIS at tile proposed site is
ineolIsistC,ht with tile best stormwateI managGllIGht practicGs. Thc, width of eUIb altd guttc,r
shall bG a 111ilIinlum of twc,nty-fouI inehc,s (24") and sllall bc, eitl1c,1 mOT typc, or Miarlli
CtlIb ahd CuttG!, dGpGl1dihg 011 flow to bG handkd. The-!e- sllall be.. stabiliz;e..d subglade
beneatll all curbs and OIle f'Oot (1') beyond tl.c back of etllb. (Moved to 21-168.01 d.)
21-168.04 - BIidge~
If a .shea witllil1 a tllolougllfalc couidor Ic,quiIC,.s a bddgG, additional Iigllt-of-way will bc, Iequired
to aCGOIllIllodate tile.. width of tllG rlc,ee..ssaI y br idge.. de-siglt fcattllc.s, ihcludil1g, w itllout linlitatiol1,
glad.:, fill, slop.:s and dlailIagc, rc,quireIllc,hts. DlidgGS sllall be.. dc,siglIC,d by a Ic,gistCIC,d ProfessiolIal
Eltgilte..c,r.
Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) XIll-15
21-168.65 - Side"alks
A systOlI of sidGwalks sllall bG plovidGd by tllG subdividGl to plovide. fOl safG mOvGluGnt of
pGde.stIial1s SGpalatc.ly fOlhlluOtO! Vdlick tlaffic. SidGwalks sllall bG plovided witllin tltG dedicated , \
ligllt-of-way along both sidGS of all arte.lialstIe.et5, at kast onG sidG of allluil101 al1d collector stIcGts \".I
ahd alohg all StlCGtS WllCIG adjace.l1t land is zoned al1dJoI OtllGI ~ iSG desigl1ed to be used fOl luultipk-
faluil)' dwdlihg pm poses. As ah altelhati vG, ilde.sidel1tial alGas, sidGwalks luay be plOv ided ~ itllin
IGal lot GasemGllts 01 GOlumon open spaCG alGas. SidGwalks shall mGGt thG luiniluUlu stal1dalds of
SeGtion 21 52.04.
21-168.06 - StOl mwatel Management
A cOll'1pktG stoiIllwatel mahagGluGht systGnlshall bG plovidGd f'Ol all alGa5 oftllG subdivision alld
f'Ol Ilalldling stOInlwatGI runoff that flows illto 01 aGlOSS thG subdivi5ioll flOm thG outside. TIle
SYStGlu slla11 bG dGsiglled ill aGGOrdallCG w itll tllG pGl fOlIuanCG standalds of SGGtiOll 21 53 and sllall
be subjGGt to apploval by tllG City Dngil1cGI.
21-168.87 - Utilities
Utility lil1Gs of all kil1ds, includihg but not linlitGd to thoSG Offlal1GhisGd utilities, clcctlic pO~CI al1d
ligllt, tclepllolie, cabk tclGvisioh, watGI, wastGWatGI and gas sllall bG cOl1stmctGd and il1stallcd
beneath thG sUlfacG of tIle glOund w itllih I1GW lesidGlltial subdi v isiol1s, unkss it is detGlIuilled by the /""\
Cit)' Dngineel tllat soil, topoglaphical 01 othel eOlupellil1g conditiol1s make. tllG il1stallation of sudl V
lihG ilupl aGtical.
\\'astewatGI, potabk alld IGclainled water SyStGIll.S sllall be dGsigned by a IGgiStClCd rlofGssiohal
DhginecI and ihsta11cd by thG subdi v idel and appr 0 ved by tltG City Dngiheel. ThG subdi v idGI shall
secu!e. lite. hece5salY peInlits for tIIG installatiol1 of water ahd wastewatCllihGs and facilitiGs flOIn tIle
I egulatOl y agweks with jUl isdiction.
a. V/astewatGI.
I. Connection to exi.sting system. If tllG public sallitary wastcwatGI systelu is loeated
within a I easollabk distance of tlle plOposed subdi v isioll as detcInlinGd by tIle
Dn v il Ol1luelltal SGI v ices Dileetol, tlle subdi v ider slla11 illstall tlle I1CCCSSal y 011 sitc
al1d off-sitG inlplOveluel1t5 to COl1nect the subdi visioli to cadi lot Gxtcl1dGd to tllG lot
tine:-
\Vllele the wastewatcI iluplOvGnH~nts cllld facilities ale de5igllGd to SCI vG cl glGatcI
area than tllC plOposcd subdi vision, the City luay palticipatG in tilG cost of SUcll 0
iluplOvClll.el1ts as detclluihGd by thc City Council.
2. lnl.ickage tl eatment plant. If the. plOpoSGd subdi v isiol1 is llOt located w itllill a
lCa50l1abk distance of tllc public waste.watel systou, tIle subdi v ido sl.all constlUct
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) xm -16
u
o
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3.
a package tleatlllent phl:llt 011 site, IlIeetil1g all tile lequilclllel1ts of the legulatOlY
agencies with jm isdiction.
CuppeJ je YVe, J. If tiIc siLe, del1sity al1d dial aete! of the pIOposed subdi vision Itlakes
the COl1st! t1etiol1 and OpCi atiol1 of the package t!eatnlel1t plal1t ihlpuKtical, tile
subdi v idel sllall pIO v ide il1di v idual septic tank sy stenls al1d sllall install the l1eecssal y
w astc w atel eollectiol1 systems w Ilidl shall be capped ul1til such tll1le as connectiol1
to tile public wastewatcl systcnl beCOllles available.
b. Wale1 Supply. The subdi vidGl sllall install 01 have installed a s)1stenl of watGI 111ail1s alld
conl1ect to tile public watel supply fOl dOlllestic watel use and file plOtGctlol1. Pile Ilydlal1ts
sllall be il1stalled at the subdi v idGl s cxpel1se at loeatiolls to be dGtel milled by tile Pile
Dcpal tment. Tile il1stallatioll of SUell IlIaihs alld cOnIlectiol1 to cadi lot shall bc ihstalled
pIOpGl to tllC paving of stleets. If Ieclaillled watel is available, cOl1hec.tion shall be lequiled.
e. Pile IIydlaltts shall be plovided at il1telvals deteIlllil1Gd by tllC chvilOl1ll1Clttal SeIvicGs
DllectOl al1d Pile Chid. In large 01 higllllaLald dcvdopmel1ts spalil1g ahd main siLes shall
be detelnlined after eOluputihg tile lequiled flow. Pile wells Ilia} be pCllllitted pIO v ided they
Ilave a sepal ate powel somee, have sufficieltt capacity to sel ve developllleht and meet tiIc file
flow lequilclllehts ahd ale applOved by tile Pile Cllief.
d.
St,ul L;ohling. The subdividel shall cause stIealights to be installed at 10catiol1s apploved
by thc City ahd acceptable to the utility compal1Y, wllicllllas lespol1sibility fOl nlaihtcllal1Cc.
21-168.88 - Sheet name signs, panment mal kings and IegulatoI) signs
Requi!ed siglls shall be ih place pliol to acceptahce. All signihg ahd pavelllent markil1gs shall be
ill aceoldancc w itll "USDOT Manual on Uhifollll Tlaffic Contlol Dev ices". Street nail Ie SighS sllall
be a mil1inlUIl1 of six inches (G") in hcigllt w itll letters fom il1ehes (4") ih Ileight. At ClOSS scetion
il1te!scctiol1s, two (2) stleet SighpOStS shall be located diagohally acIOSS thc ihtelscctiol1 flonl cach
otllcl. Only one stleet signpost shall be lequiled at T-stlect ihtelseetiol1s. Tllilty il1e11 (30") "STar"
signs sllall be lequiled at each stlcet ihtelseaion unless othcrwise apploved by the TRC.
SECTION 21-169 - DESIGN STANDARDS
21-169.81 - GeneIaI
All lands included ~ ithin tile subdlv isiol1 shall be suitable fOI vatlous pm poscs pi oposed in tile
I equcst f'Ol subdi v isiol1 applo v al. Pm tlICI, ItO subdi vision plah sllall be appl 0 v cd t1I1IeSS tiIc City
fil1ds tllC subdi v is1011 cah be sel ved w 1t11 public faeilitics al1d sel v ices.
a. COlljiJ"llily tvith complehellJive plan. The subdividings and development of allY alcas
subject to these regulatiOlls shall be ih cOl1f'Olmity with tile genelal goals al1d objectives of
tile city with lespeet to the officially adopted cOIl\plellcllsi ve plan, existil1g LOllillg
Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) XIII-I?
I GqUiIGluGllt~, illduding all al1iGlldluellt~ tiIGIGtO, policie,~ alld plall~ G~tabli~lle,d by tl.c city
w itll IG~p(,(:t to w atGI ~upply, w a~te, di~po~al alld otlle,1 G~~Gntial utilitiG~.
21-169.92 - Lots Clnd Blocks (most of below incorporated in Section 21-168.01)
o
Lot~ and blocks ~hall be de~igne,d aceoldillg to acceptable, plae,tice fOI tile, typG of dGvdopluellt alld
U5e, conteluplatGd, in kGGpillg witll tiIG topoglapllY and OtllGl ~ite conditioh~ ahd to providG adequatc
tI affk and utility acce~~ alld eilwlation, applopl iatG U5e, of spacG, (alld to) plO v idG pIi vac)', adequate
dl (tillage, alld plOtcetioll of pI Ope,l ty.
a. Lot Ji.Ge. TIIG lot ~iz:c, \'v idtll, depth, ~llape, ahd 01 iClltatioll, and tile luilliIJlUIJl buildir.g
sctback lir.c~ ~llall be, (tpplOpIiatG fm tiIG locatioll of tile ~ubdi v i~ioll alld f'Or tiIG ty pc of
de,vdopnlGht ahd UK cOlltGmplated. Lot dinIGn~ion~ ~llall hot bG k~~ 111an thG Iuinilllunl
~tahdal d~ G~tabli~hcd ill the, LOl1illg 01 dilIallcG. Lot~ ih I G~ide,htial di~tr iGt~ which abut al tGI ial
~tlCCt~ ~ha1l1lavG a luilliIJltlIu dGPt11 of OlIG llUlldIGd fifty f-c,Gt (150') witll a buildihg ~Gtback
lillG G~tabli~hGd at a millimunl di~tahce, of 5evGnt~-fi vG f'Cct (75') fl0Iu thG artGrial ~tlGet
rigl1t of-way lillC Uhle,~~ lllalginal aceG~~ ~trce,t~ ale, plovided. Widtll alld alGa of lot~ laid out
f'Ol illdu~tIial and COllJ!ucleial ptlIpO~C~ ~llall be adequate, to pIO v ide off ~tlGGt parkillg,
loadillg and ~GI v ice f aeil i tiG~. (Moved to 21-168.01 e.)
b.
Ac<<...ess. Dadl lot ~hall abut 01I a public 01 applovGd pri vatG ~treet fOI a di5tallce, of at kaM
forty feet (40'). The, 5ubdi v i5ioll 5110.11 be 50 de,5iglled tllat rGluhallt5 alld landlocked al cas
5110.11 hot bG eluttcd. (Moved to 21-168.01 f.)
o
c. Lot li,les. Side lot line,5 ~hall bG, as llGarly as plactical, at rigllt e,tlI vG5 to 5traight 5tlCGt lihG5
alld radial to WI ve,d 5tlcet linG5. No lot 511all bG di vided by a llluhicipal boulldary. (Moved
to 21-168.01 g.)
d. DOuble jlontage lots. Doubk flontage ahd tluougll lot5 5hall be avoided Gxcept WhClC
e5~Ghtial to pIO v idG .'\e,palatior. of IG5idential dCvdoPllie,ilt fl0nl tlaffk artGliGs 01 to OvGJGOIUG
~pGeific. di5advailtage5 oftopoglapll)' alld oriGhtatioll. (Moved to 21-168.01 h.)
G. BlOcA lengths. DlOGk lClIgtl15 51lall11ot GXCGGd fourtee,iI hUlldIed fc,Gt (1,400') 01 be, k55 thah
tllleG lluhdlGd fGGt (JOO'). (Moved to 21-168.01 i.)
Section 21-169.03 - Street Design Standards (Remainder of this Section will be moved to Article
V,21-52.05)
a.
TIIG aIlallgGnlcilt, cllalaGtGI, GXtCllt, w idtll, gladG ahd location of all11ew stlcet~ and iluplOvGd
ShGGt5 5hall e,onf'Ollu to tile, adopted cOlupldlGhSi vG plan now ih GXi5te,hGG, 01 a5 Ilia)'
11ere,aftGI bG adopted, alld sllall be con5ide,IGd in tllGil Idation to exi5ting alld plaillled 5tIGC,t5,
to topograpllical cOllditioll5, to public GonvGlliencG alld 5afa)', alld ill thGir applOpIiatc
Idatioh to the, plOpo~ed U~e,5 of tlte land to be SGI ved by 5ucll ~tlGGt5.
o
Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) XIII-18
Q
2.
\VI.ele. 1\ud. i1\ 1I0t 1\1.0~ II ill the. COlupldle.lI1\i ve. plalIlIow il. e.xi1\te.ncc
01 a1\ IHay hUc,aftcl be adopted, the. aualIgeluelIt of 1\tleet1\ in a
1\ubdi v i1\iOlI 1\1.all citl.Cl.
1.
Plovide fOI the. e.olItilIuatiolI 01 applopriate. Ploje.ction of e.xi1\til.g n.ajOl 1\tleet1\ in
1\UIIOUlIdilIg ale.M, 01
COlIfolm to a plalI f'Ol tI.e. lIc.ighbolhood 01 be. aliglIed to ltlGGt a palticulal 1\ituation
WI.ClC topoglaphical OI othel cOlIditiolI1\ luake. continualIce. 01 cOlIf'OllualICe. to
e.xi1\tilIg 1\tle.Gt1\ iluplactie.al.
b. All ~ 1\tlcet1\ to be. e1\tabli1\J.c.d within a 1\ubdi v i1\iolI 1\1.all lue.e.t tl.e. folio w ilIg 111ilIiluUll1
de1\iglI 1\talIdald1\.
o
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1.
LOLal stuets. Loeal1\tIeGt1\ 1\1.all be laid out 1\0 tI.at use by tI.lOugl. tlaffic will be
di1\COUl aged.
SubdilliJiolls utt aJ te, ;alst, eets. \YI.ue, a 1\ubdi vi1\ion c1but1\ 01 contain1\ all exi1\ting
01 plop01\e,d altClial1\tIect, UK 1\ubdi vide,I1\I.all plOY ide, n.alginal acce.1\HtICGt, Ie. vCl 1\e
[1 olItage, 10t1\ w itl. plalIting 1\Cle.e.lI contailIed ill a nOlI aee.e,1\1\ 1e.1\e,1 v ation alolIg tI.e. 1 eal
plOpe.lty line1\ 01 1\ud. Othe.l tIcatlue.lIt M may be. l1(,Ce.1\1\(11Y fOl adc,quatc, Plote,ction
of lc,1\idCl.tial plopGltk1\ alId to affold 1\e,palation of thlougl. and local tlaffic.
Jntedutiuli desigltJ. Stle,Gt1\ 1\1.all be, laid out alie.lIc,d to ilItClSc,ct M lIe,arly a1\
p01\1\ibk at right alIgk1\, alId no stIc,c,t 1\1.all iltte.l1\eet at k1\s tI.an sixty (60) dC,gle.e.S.
StlC,Gt jogs at ilIte.ISC,GtiolIS w itl. e.e,ntellilIe, offse,ts of kss tI.an 01Ie. hUl.dIGd fifty fect
(150') shall be, plohibited. Multiple. inte,lse.etions ill v 01 v ilIg tI.e. junGttlIc, of mOle. than
two (2) StICc,tS shall be, plOhibited. A luilIil1ltln. sight distalIe.e of two I.undled f'Cc,t
(200') fl 0111 any ilItU Se,ctiOlI shall be, 1l.aihtailIc,d on il1tclseeting stl(,e,ts, ho we. ve,l, this
icquile,IllClIt shall 1I0t be, e,OlttilIUc,d ~ lequiring all inGle.Me, h. thc, IHilIinmm
allowc1bk inte,lseetiolI se.palatiolI of one, htlI.dled fifty feet (150').
PI opo1\e,d 1\tle.e,ts sl.all be, de,1\iglIe,d to plO v ide, acee1\1\ to adjoilIilIg ulI1\ubdi v idc,d tI aet1\
at 10gicalloeation5 fol fUtUl e, 5ubdi v i5ion.
A IHinhHull. of two POiIlt5 of acce.1\1\ 1\hall be.. plovidc'd ilIto e.aeh subdivision of
twc,nty f1 ve, (25) lots Oi luOIC,. WI.e,IC, adjoilIing c-xistilIg, de,vdopn.Gl.t alId code.
lequile,me,nt5 pic-dude, the devdopn.GI1t of two public StlC,e.t aece.55 POilItS, an
ulIob1\tmcte,d dIi ve,abk aece,51\ way may be, 1\Ub5titutcd.
Rigl.t-of-way line ilIte,15c-ctiolIS 1\1.all be lOUlIdcd with a ll1ilIilllUIl11adiu1\ of tWClIty-
fivc fcc,t (25'). A glc,atc-l ladiu1\ luay be. le,quile,d on colkctOl 01 altuiallOads, 01
w hel C lOad COlI1\titlction dc,tails 1 equilc,.
MinilllU/1t Jt, eel deS;grl specificution.l. All 5tlec,ts to be, e,5tabli51.c,d ill a subdi v isioll
1\hall be gl ade,d to tl.c.il fUlllC,quiiC,d rigl.t-of- way w idtl. and de.siglIe.d ill aceoldalICc,
with tI.e, f'Cllow ing n.ilIin.Ulu 5pec.ifkatiol11\.
2.
J.
4.
5.
G.
7.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIII-19
c.
d.
ColleGtol.
120 ft. - 4 lalIC
60 ft. - 2 lanc
GO ft. - 2 lalIc
Local.
8.
Cul-de-saL. Cui-de-sacs shall bc, plovidcd witll a ttlllIalOUnd havilIg an outsidc,
road~a:y diarllc,tcr of at least Gigllt)! ket (80'), and a shcc,t diarllc,tcr of at least onc
IIUlIdlcd fcd (100'). Cul-dc sacs sllalllla vC a rllaxirlltllll leIlgtl1 of OIIC tllousarld kct
(1000') ilIdudilIg tllC tUinalOulId alId a IlIilIirllurll pavcd stllfacc dianlc,tcr of cigllty-
fotll fcc,t (84').
Stl t:el uccess to uJju;fting pI Upef ty. Strcet stubs to adjoilIilIg ulIplattcd arcas sllall
bc pI 0 v idc,d ~ Ilcrl Icquircd to gi v c accc,ss to SUell arcas or to pI 0 v idc f'Or plOpcr tlaffic
ciiculatiolI. Strcc,t stubs in cxccss of two llundred fifty fcct (250') shall be, PlOy idcd
witll a te,rf'l.porary cuI dc-saG ttlllIaroulId. Tllc dCvdopcr of the, adjoilIing alca sllall
pay tllC, cost of Icstor ilIg tlJI~, strcet to its ollginal dcsign cr oss-sCCtiOII alId cxtclIdilIg
tile, str eet.
Stl eet Hunte.',. StJ cet lIarllU; sllalllIot be used w llicll ~ ill duplicatc, bc pholIcticall y
sirllilar or be, cOlIfuscd with tile lIarlles of existilIg strec,ts, cxcept that lIew streets
w llieh ale 0.11 extclIsion of in alignnlUlt with existilIg stleets shall bear the same nltnle
as tllat borlIe by such existing streets. All COtllts arid circles sllallllave, or Ie lIarlle
olIl)!. AllstIcGt nanlGS sllall bc subrllitted witll the plclirllilIary plat to tIle COtlllty of
Volusia pJiOI to final plat approval fOI 911 verification.
o
9.
10.
CUH,)ll action
Dasic eOlIstJuctiol1 IcquilCI11e,lIts for roads arc as follows.
o
1. ResidwtiallOadway pavCIlI(,llt shall consist of 1 1/4 ilIellCS ofTypc I aspllalt OvGI all
eigllt inch (8") soil Ce111cnt or limc,rock basc, ovcr an dgllt inch (8") corllpaGtcd
subbase. AltellIati ve concrete pavemelIts Illay be. approvcd.
2. Commercial roadway pavement shall cOlIsist of two ilIChe.s (2") of corllpaetcd Typc
5~-I or 5~-m asphalt, OvCI an eight iIlell (8") corllpaeted liIlIClock or six ilIcll (G")
corllpacted soil CGnlelIt base, ove:.! a tweI vC ilIcll (12") cOllIpacted shcll10ck stabilized
subbasc.
3. Allllcw lOads siIallllavc conclcte ctllbs. Miallli Clubs are Icquiled 011 local stIcets,
with vcrtieal Clubs for encloscd drailIage 011 lI'lajm collectm alId artelial lOads.
4. The lel1laindCl of tile ligllt-of way shall be clealed, gladed, arid sodded.
5. SiglIS f'Or strGet identificatiolIs and traffic GontlOlsllall bG installed by tIIG City at the
dCveIopGI'S GXpCIlSG. SiglIS sllall bG based 011 tlte IGquircrllclIts of the Pcdeial
Highway AdrllinistratiolI MalIual of Unifollll Traffic ContlOl DCviee,s, CUllwt
editiolI, 01 otllcl City spccificatiolIs.
Alleys. IlIsinglc-fanlily lesidGlItial distJiGts, alleys sllall be. discotllagGd, but 1I1ay bG IGquilGd
ill othGI tIlan rGsidGIltial distJiets to plOvidc f'Or plOpGr tlaffic Girculation. \VhGn plovided ill
any distJiGt, alleys sll2l11112lvG a rf'l.ininlUnl rigllt-of ~ay width of thirty feet (30').
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Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIll-20
o
o
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c. EU,H:;IIIl;tlt:>. EcUlCllICiltS f'Ol utilitic:s, illcluding ~ atGI, w cUltcw atGI, dcct!ic, cabk, tdcphonc
and gas and diailIagc ccUlclllelIts, slla11 bc plovidcd cUl f'Ol1ows.
1.
Utilit;es. Utility CcUlGlllcnts CClltCI cd 01I side 01 Ical lot lincs slla11 bc plO v ided w Il(,JC
dCGnlGd IICCGSSalY aItd slla11 be at kcUlt fiftcen feet (15') ilI width. Additional w idtil
IlIay bc rcquilcd fel wastcwatCl dlainagc CcUlClllcnts. Sidc lot lincs CaSClilGltts Ilia)'
bc dCGI cased to tClt f'CGt (10') ill W idtll W IIClt SCI v iltg a siltgk dcctr ic 01 tckpholtc
utility.
D/aittagl;. Vlllclc a plOposcd subdi vision is tJansvclscd (tlavclscd) by 01 abuts a
watclcOUISC, dlainagc way 01 stlcalll, tllCIC 511.111 bc plovidcd a COlIser vatiolt altd
stOll II w atcI caSCllle-rlt 01 dlainagG way, canal 01 stlGalti, and SUell fUI tilCi W idtll 01
COlIstlUction 01 both, cUl will bc adcquatG f'Ol tIIG purpose \VII(,JC a drailtagG way 01
canal exists 01 is plOposcd, a IlIaintcltaltcc CcUlClltCItt applo vcd by tIIG City slla11 be-
piovidcd.
Aaes.l tvatel ways. \VatGr ways ~llic:h alG COltstlUcted 01 illlprovGd fol thG PUiPOSC
of pi 0 v iding aCCGSS by thc watGi to lots ~ itililt a subdi v isiOlt 511.11111.1 vC a IIIiItil11UIII
U1SelllGnt of rigllt of way widtll of onc hundrcd fGGt (100'), cxccpt whelc adGquatc
shOldine protcction is Plovidcd, tk IIIiltil11Unl ligllt of-way widtll IlIay be reduced
to sixty fcct (GO').
2.
J.
f. StleGt constluctiolt detail (scc attache-d)
21-169.04 - Public Reueatioll and Open Spaces
1. Re'1ui/emwt.l. As a coItditiolI plcCGdcnt to thc graltting of any pGlnlits fo11owiltg
appi 0 v .11 of fiItal dGvdoplllent plans, sitc plalts, subdi v isioIt plats, of issualt(,e of a
building pe.rmit, thc devdopcl slla11 dced land to tl.c City of Ddge-watCI, pay a 1l10ItG)'
f'Ce in licu thGIcof 01 provide. a col1"1.biltation of tilC above., at the optiolt of thG City
CouItcil, to be. use.d for public: altd OpCII reclcatioIt spacc cUl spccifiGd ilt this scetiolt
altd accoldiIlg to thc standaIds and fOllttula sa forth IICldIt.
2. Genet al stanJa/ d. POllllula.
(a)
It is IlcI eby f'OuItd alId dGtcdllined tllat tllG public intel cst, COlt v cltieltcc,
kahil, wclfalc aItd safety Icquile- tllat f1 ve- (5) aClcs of land 01 cqui vaknt
IlIoltey valuc be- dccde-d 01 paid to tllc dty fol cadi OIIC tilousaItd (1,000)
pGIsons lcsidiltg in tllc city to be dcvotcd fel said palk alId OpGIl spacc
pm poscs of tilis .11 tick.
POI laltd wlIcd ltluhifanlily 01 RPUD, tllC laltd dcdication basis 511.111 bc
applicd to tllC ltull1bCl of dwdliltg ultits iltc1udcd in tllG filtal devdopnlcnt
plan-:
(b)
Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) Xli - 21
... . -. ~ ~ ...
LJau~ U~~ .I. ~ .I.' 'l:;o,;; '"
Ret.idelltial
~. , ;-:- -:;::;:- ,
2 De.dloonl 01 Lc.55 355
J De.droom 3B6
4 De.droom 01 MOle. 49B
~. , - , .1
J.a.UUI' ,
2 De.dlOOlu 01 Lc.55 Z35
3 Dedi 00111 01 MOl e. 4W
. E .. ~ ..
!VJ.UIU-J. 'a.lU!! Y
2 Dedroolll 01 Lc.55 27e
3 Dedloonl 01 MOle 445
Mobile. Honle
I De.droOlfl 01 Lc.55 t85
2 De.dlOOlu z.se
3 De.droom 01 MOle. 395
Hotd 01 Motd
Pe.l ROOlu z.&5
o
Reol-H;;al;vllal {1I'pad reoeo peo, O,J;lIalll-eo ?<Iv. 90-0-09.
3.
POll1mla f'Ol fee5 in (lic.tl of) land COli vcyal1ee.
o
(a) If it i5 dcte.lluilled that tlte. prop05e.d devdoplue.1It dOe.5 1Iot include. allY land
de.5igllated by the. Edge ~ ate.r COlhpl clle.115i ve. rlall a5 Ope.ll 5paee., to 5e.r ve. tl1c
ilulue.diate. and futurc lle.cd5 of the. ei ty I e.5idcnt5 and tIle dc v dopcr 5 Ull ~ illillg
01 unable. to dee,d to tIle city lal1d5 out5idc the. plop05ed dcvclopnlcllt tIlat ale
SO de.5ignale.d, tlle.n the de.vdopu 5haU, illlic.u of cOl1veying land, pay a fec
to the. city equal to the value. of the land acreage dIal ~ould othe.l~i5e have.
beell required to be. con ve.ycd a5 de.te.1ll1i1led by the fo1ll1ula Ile.le.ill, and ill an
anlouht dcte.lluihed ih aceordahce. ~ itll tIle. prov i5i0115 5et out bclo~, 5ucll fee
to be u5e.d by dIe eity ahd to pro v ide le.clCatiohal CqUipluCht, facilities and
lahd inlplovclu<:,nts a5 de,tClluihCd by the City Couhcil, ~Ilicll is ihte.hded to
e.xclusi vel)' SCl vC tlte. lcside.htS of tile. City Of Edgc~atcl. (ORD. No. 84-0-
37, S I, 17 85).
(b) The pIC v isions of tIlis subsection shall autoluatic.ally apply to all
devdoplue.l1ts of t~elIty-fi ve (25) dwclli1lg Uhit5 01 le55.
4. U,)E vI Fee,). TIle. fc.e.5 colkcted helc.tlhdu 511all b<:, paid to tlte. City of Edge~atel.
All 5ucll fce5 5hall be. placed in a I C5er ve aecouht in tIt15t w iUl tlte. gChCl al fund and 0
sllall be khO~h a5 tIle. rescr ve. tl list f'Ol lahd5 fOI parh a1ld Ope.h 5pacc. MOllCYS
within the. lesel ve account sllall be. u5e.d and e.xpende.d 501cly f'Ol the acquisition,
implovenlelJt, cxpansioll of city palh and ope.n 5pace. lalld, and to plovide
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) xm - 22
C;
5.
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lCGlGatiol1al CqUiplue,l1t, facilitiu; alld land illlplOvGl1IGnt~ as dctGllllillc,d b)' tllc City
COtlllGil. (Old. No. 84-0-37, ~ 2, I 7-85).
C, itel iuio, !equ;, illg but:l Lv/lve::;Jatla a!ldfd. 111 any developlllGnt of ovel tWGlIty
fivG (25) dwellil1g Ul1it~, tile, dGvelopelnlcty bG IGquilGd to cOIIVe)' tile lalld alld pay
a fGG ill ae,cordanee, witll tIle, followillg fOlhtula.
(a) \VllGI1 only a portioll of tIle, lalld w hid 1 tIIG de velopGl i~ Icquiled to e,Oll vC,y fXH
palh aiId opGn space, is to be, GOllve,)'ed, such pOltiOlI sllall be, eOl1vcyGd f'Ol
pal h 01 local opell space alld a fCG e,OlllputGd puumant to tile pi 0 v isiolls set
out lle,IGill shall be paid to the, Git)' f-ol aiI)' additionalhuld tIlat the developer
would otherwi5e IlavG beGll lequiled to eOhve)' lleletllldcl.
(b) \VlleiI 11I05t of the, lal1d dG5igllated a5 palh aiId Ope,iI 5pace iiI t!.G v icinity of
tIIG plOpo5ed devdoplllellt is lIceded to eOlllpkte thG site, 5t1ch IGllIainiiIg
portioiI 5hall bc cOiIvG)'cd by tIIG dGvdopCI aiId a kc 5hall be. paid by tIle
devdopGl iiIliGtl of COli vGyiiIg thG additioiIallaiId w llich tIIG devdope,l would
Otlle,1 w i5G be, IGqUilGd to con ve,y alld 5t1dl fee5 to be u5ed for t!.G
illlpIOvGI{1Gnt~ of OtIIGI city palh and opGn 5paeG lahd iiI the alGa 5Gl vihg the
dGveloplllent.
G.
If tIle dG v elOpGl objGGts to tllG fail 11IarkGt valuG detGlllliiIatioiI, IIG ilia)' 5ublllit an
MAl apprai5al5110wiiIg thG fair nlalkGt valuG ofthG laiId51equirGd to be donated and
fiiIal dGtGllllil1atiol1 of .'laid nlalket value. pGr acre, of 5t1dl laiId 5hall be 1l1ade, by tIIG
City CotlllGiI based UpOiI 5udl infodtlatioiI 5t1brllitted b)' tIle, dGvdopu. Sllould tile
dGvdopGr'5 MAl applai5al iIOt be, aGccptabk to tIIG City, thG Cit)' 511all appoil1t
ahotIlGI MAl appr ai5e,1. TIIG City' 5 MAl appl ai5cI shall 5elect a tllil d MAl appl ai5Gl
aiId thG fair nlarkct value. of tllG laiId5 re.quiled to be. COh vG:Ycd, as dGtGllllihGd by the
tlIie.e. applai5e.r5, 511all bG biiIding UpOh the. de.vdope.1 and tIle. City. TIIG C05t of al1
applai5al 5hall be. a e.lcdit again5t aiIY fGe.5.
7. Dete! /Iliflution of land 01 fee. The. City CotlnGiI 5hall dGtu 1l1inG w hetIlu to accGpt
lahd 01 re.quile. paYllIe.iIt of tIle. fee. in licu tIIGleof, after c0l15iduation of tIle
follo w iiIg.
8.
(a) Topoglaphy, ge.ology. Aece.ss alld 10e.atioiI of lalld iiI tile developlllellt
availabk fOl dGdication,
(b) Size aiId shape of tIle. developlllCl1t and lal1d available.
(e) TIle fGasibility of conveyal1ce,
(d) Availability of pleviously acquiled parh aiId opell spaee plOpGIty.
(e) \Yhetllel thc developel OWl15 or GOntlO15 othu laiId designatGd III the
DdgGwatel COhlpldle.llSi vG rlal1 01 othe.1 laiId5.
C, edit fv! pI iI/ute 0, public Vpefl spuCe::;. \Vllelc pii vatc 01 public Ope.iI space is
plOvidcd in a proposed plaiIl1ed uiIit devdoplllel1t ill exce.ss of tllGse IcquilGlllel1ts,
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIII-23
01 any anlGndlllGilt therGOf, paltial CIGdit nlay bc gi vGil. It 5hall IIOt ('xGcd fifty
pCleGilt (50%) of tllc alllonilt of land IGqnilGd to bG COil vCYGd 01 paYllIcilt of fGC5 ill
lien tllclGOf if tIle City Conncil find5 it i5 in tlle pnblic iilteIe5t to do 50. Snell 5paCG
doe5 110t il1clude lequiled yald5, palkil1g, COUlt alea5, 5etbacb, al1d otllel OpCI1 alG.15 0
lequiled by tIle Lal1d DevcloplllGilt Code.
9. TlocedUle. In 5ubdivi5ion5 lequiling plat applOval, tIle developcl 51lall agleG ill
wlitillg to COl1vG) lal1d fOI palb and OpGII space, pay a fee il1liw thGlGOf, 01 both.
TIle City Council 51lall eon5ido tl.c leqUG5t aftel a Iccollmlendation flOnl tlle
Plal1l1il1g al1d Zonil1g Doald at tllG tilllG of apploval of tllG plelinlillaly plat. At tl.c
tilllG of appl 0 v .11 of tl.c filial 5ubdi v i5iol1 plat, tllG dG velOpGI 511all COil v GY tllG lal1d <l.lld
pay tl.c fGe5 .15 pi G v ion5ly detc.JllIillGd but tllc City Council, but 110t latGI tllall
i55uanec of a buildil1g pc.JllIit.
1. A..ceJs 10 ~valeJ bodie-J. WI1GIIGvGl a 5ubdi vi5i011 i5 situated with a pI OpCIty flol1tagG of one
thouMl1d fGGt (1,000') 01 11IOIe abuttil1g tllG 51101cline of an Oceal1, gulf, lake 01 l1avigabk
WMO way, thG 5ubdi v ideI 5hall plOv ide adequatG public aCCC55 to tllc 51101elil1e at illtelval5
of 110t nlOIe than OI1G thou5al1d feGt (] ,000') by dG5ignatiol1 of public aeCG55 Ga5ClJ'lCI1t51la v ing
width5 of II0t k55 tllal1 tWGl1ty-five feet (25').
Ill.
Sabdi'Vision enllUHces. AIG.15 fOI 5ubdi v i5ion Gntlal1GG5 may be pGJllIitted in a1l5ubdi v i5ion5
wllethel Ie5idel1tia], conlnlelcial 01 il1du5tlial. 111 tllG GvGnt 5udl Gl1tlanCG alGa5 alG
autholizGd, thG City Coul1cillllay IequiIe alG.15 al1d dcdicatiol1 of 5al1'1e to tllG city, witll 5uell
conditioI15 it nl<ty illlp05e .15 to nlaiI1tcl1anGG and upkecp, 01 nlay lequile that tIle 5ubdi v idGl
51lall peIpetually nlaiiltail1 5aid whaneG alcas by thc cIeatiol1 of a tItl5t fund to beal e05t of
.'lame 01 5uell othel plO v i5ion5 as5umil1g po petual calC. TIle City Cotl1lcil nlay imp05G al1y
cOl1dition 01 IC5tIictiol1 it dGGm5 il1 tlle public il1tcle5t upon al1Y entl ance aIea it 11Iay autholiZ:G
Ul1del thi5 article, including Ie5tIietiol1 of i11lpl 0 ve11lel1t5 placed tllel COI1.
o
n. Stlblllalgilla] h.b!JJ. ,-",/llele lal1d5 5ubject to tlle5G IGgn]atiol15 ale located il1 5pecial flood
hazald alGas as idel1tificd il1 tIle late5t cditiol1 of tlle llazald botl1ldalY map as G5tabli..,l.cd by
tIle U.S. Depart11lel1t of I Ion5il1g and U I ban Dc. Vclopnlent, Pcdel .11 In5tl1 al1ce Adlllil1i5tI atiol1,
all bui]dil1g5 51lall be 5ubject to tl.c lequilenlcl1t5 of Oldinal1ce (n.) 900, dated DeccllIbel 16,
+9-14-:-
The, subdi v ider sllall dClllonstIate tllat soil plOpel tics existil1g on tl.c land to be subdi v idGd
alG eOl1duci ve to tI.c type of dcveloplllel1t contcnlp]ated alld/ol specify actiol1 wllicll w ill be
taken dming the il1stallatioll of lequiled illlplOvOllents to C011GCt al1d ul15uitabk soil
e01ldition.
O.
Landscaping and If t::e- "tallage-menl. PIioI to pi e]ilhiilal y plat appl 0 va], tIle subdi v idel shall
subnlit in WI itil1g, a land5capil1g plal1, il1dicatiilg tI.c 0 vGlall plOposed land5capil1g al1d
tleatmel1t of OPOI alld COl1l11l0n aleas. TIle subdividCl shall denlol15tlate tllat to tllG glGate5t
o
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) Xill-24
extcllt plactical, cxi~tin~ tlCC~ sllall bc PlOlCCtcd andJOI IlCW tlccs plalltcd to c~tablisll the
IllaxinlUlll pucclll of lot Clown COvCI.
U SECTION 21-17669 - VARIANCES, EXCEPTIONS AND APPEALS
21-17669.01 - Variances
The Planning and Zoning Board may grant a variance from the terms of this article when such
variance wiIl not be contrary to the public interest, and where, owing to special conditions, a literal
enforcement of the provisions of this article would result in unnecessary hardship. Such variance
shall not be granted if it has the effect of nullifying the intent and purpose of these regulations.
Furthermore, such variance shall not be granted by the Planning and Zoning Board until:
a. A written application for a variance is submitted by the subdi v idGI applicant to the Planning
Department demonstrating:
1.
That special conditions and circumstances exist which are peculiar to the land,
structures or required subdivision improvements;
That the special conditions and circumstances do not result from the actions of the
applicant; and
That the granting of the variance requested wiIl not confer on the applicant any
special privilege that is denied by these regulations to other lands, structures or
required subdivision improvements under similar conditions. No pre-existing
conditions in neighboring lands, which are contrary to these regulations, shall be
considered grounds for the issuance of a variance.
2.
3.
~
b. The Planning and Zoning Board shall make written findings that the requirements of this
section have been met.
c. The Planning and Zoning Board shall further make a finding that the reasons set forth in the
application justify the granting of the variance that would make possible the reasonable use
of the land, buildings and other improvements.
d. The Planning and Zoning Board shall make further a finding that the granting of the variance
would be in harmony with the general purpose and intent of these regulations, wiIl not be
injurious to the surrounding territory or otherwise be detrimental to the public.
e.
A public hearing on the proposed variance shall be held by the Planning and Zoning Board
after due public notice. The public hearing may be held prior to or simultaneously with the
public hearing for approval of the preliminary plat.
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f. The Planning and Zoning Board shall submit its written findings and recommendation to the
City Council for action. In granting any variance, the City Council may prescribe appropriate
Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) xm - 25
conditions and safeguards in conformity with this article. Violations of such conditions and
safeguards when made a part of the terms under which the variance is granted shall be
deemed a violation of this article.
21-19669.02 - Exceptions
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The standards and requirements set forth in these regulations may be modified by the Planning and
Zoning Board in the case of a planned unit development, group development, large-scale community
development, or commercial or neighborhood development which is not subdivided into customary
lots, blocks and streets, which in the judgment of the Planning and Zoning Board, provides adequate
public spaces and improvements for the circulation, recreation, light, air and service needs of the
tract when fully developed and populated, and which also provides such covenants or other legal
provisions as will assure conformity to and implementation of the Comprehensive Plan. In granting
such modifications, the Planning and Zoning Board shall require such reasonable conditions and
safeguards in conformity with this article. Before granting such modifications, a public hearing will
be held by the Planning and Zoning Board with due public notice.
21-19669.03 - Appeals
Any person aggrieved by the Planning and Zoning Board's decision regarding a preliminary or final
subdivision plat, or the Planning and Zoning Board's decision regarding any variance or exception,
may submit, in writing, an appeal to the City Council specifying grounds for appeal. Such appeal
shall be noted to the City Clerk within fifteen (15) days after the action is recorded in the minutes
of the Planning and Zoning Board, and shall be heard within thirty (30) days after notice to the City
Clerk at a regularly scheduled meeting of the City Council. The City Clerk shall give due notice of
the hearing by certified mail to the 5ubdi v idGl applicant appealing and to the Planning and Zoning
Board. The City Council may hear testimony and may sustain, alter or set aside the action of the
Planning and Zoning Board.
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Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) Xill-26
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ARTICLE XIV
HISTORIC PRESERVATION
SECTION 21-180 - GENERAL PROVISION
21-180.01 - Intent ...................................................................................................... XIV-l
21-180.02 _ Purpose .................................................................................................. XIV - 2
SECTION 21-181 - RECREATION/CULTURAL SERVICES BOARD
21-181.01 _ Creation .............. ......... .......................................................................... XIV - 3
21-181.02 - Purpose .................................................................................................. XIV - 3
21-181.03 _ Membership ............. .............................................................................. XIV-4
21-181.04 - Term ................................................................ ...................................... XIV-5
21-181.05 - Qualifications ........................................................................................ XIV-5
21-181.06 - Procedures ..... ..... ................................................................................... XIV -5
SECTION 21-182 - DESIGNATION OF LANDMARKS,
LANDMARK SITES AND HISTORIC DISTRICTS
21-182.01 - Designation of Landmarks, Landmark Sites and Historic Districts ...... XIV-6
21-182.02 - Application Requirements ..................................................................... XIV-6
21-182.03 - Public Hearing for Designations ........................................................... XIV-7
21-182.04 - Criteria for Designation of Property....................... ...................... ......... XIV-7
21-182.05 - Board Decision ...................................................................................... XIV-8
21-182.06 - Appeals to City Council........................................................................ XIV-8
21-182.07 - City Council Review and Designation .................................................. XIV-8
21-182.08 - Amendments and Rescissions ............................................................... XIV-8
SECTION 21-183 - APPROV AL OF CHANGES TO LANDMARKS,
LANDMARK SITES AND PROPERTY IN HISTORIC DISTRICTS
21-183.01 - Certificate of Appropriateness ..... ......... ........................................... ...... XIV-8
21-183.02 - Application Procedures .................. .......... ............................................. XIV-9
21-183.03 - Public Hearings .... ................................... ............................................ XIV -10
21-183.04 - General Criteria .......................... ............... .......................................... XIV -10
21-183.05 - Alterations ........................................................................................... XIV -10
21-183.06 - New Construction ................................................................................ XIV-II
21-183.07 - Demolition ........................................................................................... XIV -12
21-183.08 - Relocation ............................................................................................ XIV -13
21-183.09 - Appeals ................................................................................................ XIV -13
Article XIV
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Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode)
SECTION 21-184 - ARCHAEOLOGICAL PRESERVATION
2] -] 84.0] - Purpose and Intent ............... ......................... .................. ...... ............... XIV -] 3 0
2]-]84.02 - Excavations on Public Property.......................................................... XIV-]4
2] - ] 84.03 - Ownership of Artifacts .............................................................. .......... XIV -14
2] - ] 84.04 - Curation of Artifacts ............................................................................ XIV - ] 5
SECTION 21-185 - EMERGENCY ACTIONS
2] -] 85.01 - Emergency Conditions: Designated Properties ....................... ............ XIV -] 5
21-] 85.02 - Emergency Actions: Non-Designated Properties ............................... XIV -] 5
SECTION 21-186 - CONFORMITY WITH THE CERTIFICATE OF APPROPRIATENESS
2] -] 86.0] - Conformity with the Certificate of Appropriateness ........................... XIV -] 5
SECTION 21-187 - MAINTENANCE AND REPAIR OF LANDMARKS,
LANDMARK SITES AND PROPERTY IN HISTORIC DISTRICTS
21- ] 87.0] - Provisions ............................................................................................ XIV - ] 6
SECTION 21-188 - PENALTY
21-188.0] - Penalty ........................... ...................................................................... XIV - ] 6
2] -] 88.02 - Civil Penalties ..................................................................................... XIV -16
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SECTION 21-189 - DEMOLITION PERMITS
21- ] 89.0] - Requirements .. .............. ...... .......... .......................... .......... ........... ........ XIV -17
2]-]89.02 - Immediate Demolition of Unsound Structures .................................... XIV-17
2] -] 89.03 - Appeals of Final Decision ................................................................... XIV -] 8
Sections 21-190 through 21-200 reserved for future use.
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Article XIV
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Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode)
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ARTICLE XIV
HISTORIC PRESERVATION
SECTION 21-180 - GENERAL PROVISIONS
21-180.01 - Intent
a. The City Council finds there are buildings, landmarks, and sites within the City of Edgewater
which have specific historic, archeological or aesthetic significance, and that the loss of these
sites would cause an irreplaceable loss to the people of the city of the aesthetic, cultural, and
historic values represented by such sites. It is hereby declared as a matter of public policy
that protection, enhancement, perpetuation and use of such sites of special historic,
archeological or aesthetic interest or value is a public necessity and is required in the interests
of the health, prosperity, safety and welfare of the people.
b.
The recognition, protection, enhancement and use of such resources is a public purpose and
is essential to the health, safety, morals and economic, educational, cultural and general
welfare of the public, since these efforts result in the enhancement of property values, the
stabilization of neighborhoods and areas of the city, the increase of economic benefits to the
city and its inhabitants, the promotion of local interests, the enrichment of human life in its
educational and cultural dimensions serving spiritual as well as material needs, and the
fostering of civic pride in the beauty and noble accomplishments of the past.
c. The City Council desires to take advantage of all available state and federal laws and
programs that may assist in the development or redevelopment of the City of Edgewater.
d. The federal government has established a program of matching grants-in-aid for projects
having as their purpose the preservation for public benefit of properties that are significant
in American history, architecture, archeology and culture.
e. There are other federal programs providing monies for projects involving the rehabilitation
of existing districts, sites, buildings, structures, objects and areas.
f. The policy of the City of Edgewater is to conserve the existing housing stock and extend the
economic life of each housing unit through the rehabilitation of such units under housing and
neighborhood development programs in selected areas.
g.
Inherent in the enactment and implementation of these federal mandates is the policy of the
United States government that the spirit and direction of the nation are founded upon and
reflected in its historic past; that the historical and cultural foundations of the nation should
be preserved as a living part of our community life and development in order to give a sense
of orientation to the American people; that in the face of the ever-increasing extensions of
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIV-l
urban centers, highways, and residential, commercial and industrial developments, the
present governmental and non-governmental programs and activities are inadequate to ensure
future generations a genuine opportunity to appreciate and enjoy the rich heritage of our
nation.
h. It is the will of the people of the State of Florida as expressed in Article II, Section 7 of the
1968 Constitution, that the state's natural resources and scenic beauty be conserved and
protected.
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1. It is the will of the State Legislature as expressed in Chapter 267 of the Florida Statues that
the state's historic sites and properties, buildings, artifacts, treasure troves and objects of
antiquity which haye scientific or historic value, or are of interest to the public, be protected
and preserved.
21-180.02 - Purpose
The City Council hereby declares it's intention to qualify as a certified local government with the
State Division of Historical Resources, history and records Management, and to comply with the
rules and regulations of the division pursuant to that program. The purpose of this chapter is to
promote the health, morals, economic, educational, aesthetic, cultural, and general welfare of the
public through;
a.
The identification, protection, enhancement, perpetuation and use of districts, sites,
buildings, structures, objects and areas that are reminders of past eras, events and persons
important in local, state, or national history, or which provide significant examples of
architectural styles of the past, or which are unique and irreplaceable assets to the city and
its neighborhoods, or which provide this and future generations examples of the physical
surroundings in which past generations lived;
o
b. The enhancement of property values, the stabilization of neighborhoods and business centers
of the city, the increase of economic and financial benefits to the city and its inhabitants, and
the promotion of local interests;
c. The preservation and enhancement of varied architectural styles, reflecting the city's cultural,
social, economic, political, and architectural history; and
d. The enrichment of human life in its educational and cultural dimensions in order to serve
spiritual as well as material needs by fostering knowledge of the living heritage of the past
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Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIV - 2
SECTION 21-181- RECREATION/CULTURAL SERVICES BOARD
21-181.01 - Creation
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The Recreation/Cultural Services Board was created to plan and propose specific projects involving
parks, recreational activities, beautification projects and historical preservation.
21-181.02 - Purpose
The purpose of this section is to establish historical and archeological guidelines in addition to the
duties defined for the Recreation/Cultural Services Board. The Recreation/Cultural Services Board
is established to seek the accomplishment of the following municipal purposes:
a. The Board shall take action necessary and appropriate to accomplish the purposes of this
chapter. These actions may include, but are not limited to:
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1.
Continuing the survey and inventory of historic buildings and areas and archeological
sites and the plan for their preservation;
Recommending the designations of historic districts and individual landmarks and
landmark sites;
Regulating alteration, demolitions, relocations, and new construction to designated
property;
Adopting guidelines for changes to designated property;
Coordinating the historic preservation work of the City of Edgewater by working
with and advising the federal, state and county governments and other city
departments or advisory boards;
Advising and assisting property owners and other persons who are interested in
historic preservation;
Initiating plans for the preservation and/or rehabilitation of individual historic
buildings or landmarks; and
Undertaking educational programs including the preparations of publications and the
placing of historic markers.
2.
3.
4.
5.
6.
7.
8.
b. The Board shall review all nominations of local property to the National Register of Historic
Places following the regulations of the state historic preservation office. Following a public
hearing with public notice of no less than thirty (30) days, the Board shall consider the
nomination. When necessary the Board shall seek expert advice before evaluating the
nomination. The Board shall forward to the state historic preservation officer its action on
the nomination and the recommendations of the local officials.
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c.
When a property owner objects to having his property nominated to the National Register,
a notarized written statement must be submitted to the Board before the nomination is
considered. The Board may then either continue its review, forwarding its recommendation
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIV-3
to the state historic preservation officer and noting owner's objection or, it may cease any
further review process and notify the state historic preservation officer of the property
owner's objection to the proposed listing the Board shall not recommend registry over
objection of the owner except by a super majority vote.
d.
In the development of the certified local government, the City Council may ask the Board
to perform other responsibilities that may be delegated to the City under the National
Historic Preservation Act.
o
e. The Board shall conduct at least four (4) public hearings a year to consider historic
preservation issues. The Board shall recommend to the City Council the designation of
landmarks, landmark sites and historic districts. Applicants shall be given written
notification of the Board's decisions. The Board shall prepare and keep on file available for
public inspection a written annual report of its historic preservation activities, cases,
decisions, qualifications of members and other historic preservation work.
f. The Board shall receive assistance in the performance of its historic preservation
responsibilities from which shall pI 0 v ide, expertise shall be provided in historic preservation
or a closely related field. Other city staff members may be asked to assist the Board by
providing technical advice or helping in the administration of this chapter.
g.
The Board shall recommend to the local planning agency and the City Council a historic
preservation element of the comprehensive development plan pursuant to the Local
Government Comprehensive Planning Act of 1985.
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h. The Board shall coordinate its activities with the Community Redevelopment Agency, the
state historic preservation officer, and the Southeast Volusia Historical Society, Inc.
1. The Board shall assist the City Manager in preparing applications for grant awards for site
identification, inventory, survey activities and preservation.
J. The area of geographic responsibility for the Board shall be coterminous with the boundaries
of the City of Edgewater.
k. The Board is encouraged to be represented at pertinent informational or educational
meetings, workshops and conferences relating to preservation activities.
21-181.03 - Membership
The Board shall consist of seven (7) members who shall be residents of the city. The Board shall
elect a chairman, vice-chairman, and other officers as they may deem necessary. In the event of a 0
vacancy on the Board, the City Council shall appoint a new member within sixty (60) days to serve
out the remainder of the term. Members shall serve on the Board at the pleasure of the City Council.
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21-181.04 - Term
The Board members shall be appointed for staggered terms of three (3) years by the City Council;
provided, however, that the initial terms shall be three (3) members for a one year term, two (2)
members for a two (2) year term, and two (2) members for a three (3) year term.
21-181.05 - Qualifications
The Board members shall be composed of lay and professional members in accordance with the
criteria set forth by the certified local government program. To the extent available, members shall
be professionals from the disciplines of architecture, history, architectural history, archaeology, or
other historic-related fields, such as urban planning, American studies, American civilization,
cultural geography, or cultural anthropology. Lay persons who have demonstrated special interest,
experience or knowledge in history, architecture or related disciplines shall make up the balance of
the Board membership. An up to date resume of Board members shall be kept as a public record.
Prior to appointment, the City Council shall solicit nominations from the Recreation/Cultural
Services Board.
21-181.06 - Procedures
The Board shall hold at least four (4) meetings each year, which shall be public meetings. Meetings
shall have a previously advertised agenda and shall be open to public participation. All records of
the Board including its rules of procedure, minutes and inventory shall be public records open to
inspection by the public. The Board shall adopt rules of procedure for use in all its meetings and the
City Manager shall provide staff assistance. The Board shall have the following reporting
requirements:
a. It shall provide the state preservation officer with thirty (30) days notice prior to each
meeting, following its first meeting.
b. It shall submit minutes of each meeting to the state historic preservation officer within thirty
(30) days of holding the meeting.
c. It shall submit records of attendance for the review Board members to the state historic
preservation officer within thirty (30) days of each meeting.
d. It shall submit public attendance figures of each meeting to the state historic preservation
officer with thirty (30) days of each meeting.
e.
It shall notify change in Board membership within thirty (30) days of action.
f. It shall notify the state historic preservation officer of all historic designations or alterations
to existing designations.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIV-5
g. It shall submit an annual report by November 1 covering previous October 1 through
September 30, which shall include:
1.
2.
3.
4.
5.
6.
7.
Any changes in the rules of procedure;
Number of proposals reviewed;
Designations or listings;
Changes to Board;
Revised resumes of Board members as appropriate;
Review of survey and inventory activity with the description of the system used; and
Program report on each grant assisted activity.
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SECTION 21-182 - DESIGNATION OF LANDMARKS, LANDMARK SITES AND
HISTORIC DISTRICTS
21-182.01 - Designation of Landmarks, Landmark Sites and Historic Districts
Upon recommendation of the Board, the City Council may designate by resolution individual
landmarks, landmark sites and historic districts. Each designation of a landmark shall include a
designation of a landmark site. When an owner objects to an application involving designation of
his property, other than a historic district, approval by the Board and City Council shall require a
super majority vote.
21-182.02 - Application Requirements
()
Consideration of the designation of a landmark and landmark site or a historic district shall be
initiated by the filing of an application for designation by the property owner, any resident of
Edgewater or any organization in Edgewater, including the City. The City shall charge a fee for each
application which reflects processing costs for the application except that such fee shall be waived
for city-initiated applications.
The applicant shall complete an application form provided by the Planning Department which shall
include:
a. A written description of the architectural, historical or archeological significance of the
proposed landmark and landmark site or buildings in the proposed historic district and
specifically addressing and documenting those related points contained in this article;
b. Date of construction of the structures on the property and the names of former owners;
c.
Photographs of the property; and
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d. Legal descriptions and map of property to be designated as a landmark, landmark site or
historic district.
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On applications for the designation of historic districts, the applicant shall also submit:
a. Evidence of the approval of the district from two-thirds of the property owners; and
b.
A written description of the boundaries of the district.
The City Manager or his designee shall determine when an application is complete and may request
additional information when such application is determined to be incomplete.
21-182.03 - Public Hearings for Designations
The Board shall schedule a public hearing on the proposed designation within sixty (60) days of the
submission of a completed application. Notice of the public hearing and notice to the owner shall
be given in accordance with the Florida Statutes and shall state clearly the boundaries for a proposed
historic district.
21-182.04 - Criteria for Designation of Property
The commission shall recommend the designation of property as a landmark, landmark site or
historic district after the public hearing based upon one or more of the following criteria:
a.
Its value is a significant reminder of the cultural or archeological heritage of the city, state
or nation;
b. Its location is a site or a significant local, state or national event;
c. It is identified with a person or persons who significantly contributed to the development of
the city, state or nation;
d. It is identified as the work of a master builder, designer or architect whose individual work
had influenced the development of the city, state or nation;
e. Its value as a building is recognized for the quality of its architecture, and it retains sufficient
elements showing its architectural significance;
f. It has distinguishing characteristics of an architectural style valuable for the study of a period,
method of construction, or use of indigenous materials;
g.
Its character is a geographically definable area possessing a significant concentration, or
continuity of sites, buildings, objects of structures united in past events or aesthetically by
plan or physical development; or
Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) XIV-7
h. Its character is an established and geographically definable neighborhood, united in culture,
architectural style or physical plan and development.
21-182.05 - Board Decision
(j
After evaluating the testimony, survey information and other material presented at the public hearing,
the Board, shall, within sixty (60) days, make its recommendation to the City Council with a written
report on the property or area under consideration. Applications for designation shall be approved
or denied. The Board may vote to defer its decision for and additional thirty (30) days. If the Board
recommends a designation, it shall explain the proposed landmark or historic district qualified for
designation under the criteria contained in this section. This evaluation may include references to
other buildings and areas in Edgewater and shall identify the significant features of the proposed
landmark or historic district. The report shall include a discussion on the relationship between the
proposed designation and existing and future plans for the development of the city. The Planning
Department shall promptly notify the applicant and the property owner of the Board decision.
21-182.06 - Appeals
Any person may appeal the Board's decision to the City Council within fifteen (15) days of the
decision.
21-182.07 - City Council Review and Designation
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The City Council shall approve, modify or disapprove the proposed designation within sixty (60)
days of the Board recommendation. If a designation is made, the comprehensive plan, including the
land use map, shall be amended to contain the designation in accordance with state law. The
Planning Department shall notify each applicant and property owner of the decision relating to his
property within thirty (30) days of the City Council action and shall arrange that the designation of
a property as a landmark or as a part of a historic district be recorded in the official record books of
Volusia County.
21-182.08 - Amendments and Rescissions
The designation of any landmark and landmark site or historic district may be amended or rescinded
through the same procedure utilized for the original description.
SECTION 21-183 - APPROV AL OF CHANGES TO LANDMARKS, LANDMARK SITES
AND PROPERTY IN HISTORIC DISTRICTS
21-183.01 - Certificate of Appropriateness
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No person may undertake the following actions affecting a designated landmark, a designated
landmark site or a property in a designated historic district without first obtaining a certificate of
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIV-8
appropriateness from the Board. Alterations of an archeological site or the exterior part of a building
or structure, new construction, demolition or relocation.
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a.
Review of a new construction and alteration to designated buildings and structures shall be
limited to exterior changes visible to the public. Whenever any alteration, a new
construction, demolition or relocation is undertaken on a designated landmark, a designated
landmark site or a property in a designated historic district without a certificate of
appropriateness, the Certified Building Official is authorized to issue a stop work order.
b. A certificate of appropriateness shall be in addition to any other building permits required
by law. The issuance of a certificate of appropriateness from the Board shall not relieve the
property owner of the duty to comply with other state and local laws and regulations.
c. Ordinary repairs and maintenance, that are otherwise permitted by the law, may be
undertaken without a certificate of appropriateness provided this work on a designated
landmark site or property in a designated historic district does not alter the exterior
appearance of the building structure, or archeological site, or alter elements significant to its
architectural or historic integrity.
d.
No certificate of appropriateness for alteration, new construction, demolition or relocation
pursuant to the provisions of this chapter shall be effective for a period of fifteen (15) days
subsequent to the Board's decision. If, during that fifteen (15) day period, an appeal is made
to the City Council, the decision of the Board shall automatically be stayed pending city
reVIew.
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21-183.02 - Application Procedures for Certificates of Appropriateness
a. Each application for a certificate of appropriateness shall be accompanied by the required
fee. The Certified Building Official shall forward to the Board each application for a permit
that would authorize an alteration, new construction, demolition, impact on an archeological
site's integrity or relocation affecting a designated landmark, a designated landmark site, or
a property in a designated historic district.
The applicant shall complete an application form provided by the Building Department containing,
in part, the following information:
b. Drawings of the proposed work;
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1.
2.
Photographs of the existing building or structure and adjacent properties; and
Information about the building materials to be used.
c. The City Manager or his designee shall determine when an application is complete and may
request additional information when such application is determined to be incomplete.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIV-9
21-183.03 - Public Hearings
The Board shall hold a public hearing on each certificate of appropriateness within thirty (30) days
after receipt of a completed application. The Board shall approve, approve with conditions, or
disapprove each application, based on the criteria contained in this section. The Board shall act 0
within sixty (60) days after the close ofthe public hearing. If the Board fails to decide an application
within the specified time period, the application shall be deemed approved.
21-183.04 - General Criteria
In approving or denying applications for certificates of appropriateness for alterations, new
construction, demolition, or relocation, the Board shall use the following general guidelines:
a. The effect of the proposed work on the landmark or the property upon which such work is
to be done;
b. The relationship between such work and other structures on the landmark site or other
property in the historic district;
c.
The extent to which the historic, architectural; or archeological significance, architectural
style, design, arrangement, texture, materials, and color of the landmark or the property will
be affected;
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d. Whether the denial of a certificate of appropriateness would deprive the property owner of
reasonable beneficial use of his property; and
e. Whether the plans may be reasonably carried out by the applicant.
21-183.05 - Alterations
In approving or denying applications for certificates of appropriateness for alterations, the Board
shall also use the following additional guidelines which are based on the United States Secretary of
the Interior's Standards for Historic Preservation Projects.
a. Every reasonable effort shall be made to provide a compatible use for a property that requires
minimal alteration of the building structure, or site and its environment, or to use a property
for its originally intended purpose.
b.
The distinguishing original qualities or character of a building, structure, or site and its
environment shall not be destroyed. The removal or alteration of any historic material or
distinctive architectural features should be avoided when possible.
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c. All buildings, structures, and sites shall be recognized as products of their own time.
Alterations which have no historical basis and which seek to create and earlier appearance
shall be discouraged.
d.
Changes which may have taken place in the course of time are evidence of the history and
development of a building, structure, or site and its environments. These changes may have
acquired significance in their own right, and this significance shall be recognized and
respected.
e. Distinctive stylistic features or examples of skilled craftsmanship which characterize a
building, structure or site shall be treated with sensitivity.
f. Deteriorated architectural features shall be repaired rather than replaced, wherever possible.
In the event replacement is necessary, the new material should match the material being
replaces in composition, design, color, texture, and other visual qualities. Repair or
replacement of missing architectural features should be based on accurate duplications of
features, substantiated by historical, physical or pictorial evidence rather than on conjectural
designs or the availability of different architectural elements from other buildings or
structures.
g.
The surface cleaning of the structures shall be undertaken with the gentlest means possible.
Sandblasting and other cleaning methods that will damage the historic building material shall
not be undertaken.
h. Every reasonable effort shall be made to protect and preserve archeological resources
affected by, or adjacent to, any acquisition, protection, stabilization, preservation,
rehabilitation, restoration or reconstruction project.
21-183.06 - New Construction
In approving or denying applications for certificates of appropriateness for new construction, the
Board shall also use the following additional guidelines:
a. The height of proposed building shall be visually compatible with the adjacent buildings;
b. The relationship of width of the building to the height of the front elevations shall be visually
compatible to buildings and places to which it is visually related;
c.
The relationship of the width of the windows to height of windows in a building shall be
visually compatible with buildings and places to which the building is visually related;
d. The relationship of solids to voids in the front facade of a building shall be visually related;
Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) XN -11
e. The relationship of building to open space between it and adjoining buildings shall be
visually compatible to the buildings and places to which it is visually related;
f.
The relationship of entrance and porch projections to sidewalks of a building shall be
visually compatible to the buildings and places to which it is visually related;
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g. The relationship of the materials, texture and color of the facade of a building shall be
visually compatible with the predominant materials used in the buildings to which it is
visually related;
h. The roof shape of a building shall be visually compatible with the buildings to which it is
visually related;
l. Appurtenances of a building such as walls, wrought iron fences, evergreens, landscape
masses, building facades, etc., shall, if necessary, form cohesive walls of enclosures along
a street, to ensure visual compatibility of the building to the buildings and places to which
it is visually related;
J. The size of a building, the masses of a building in relation to open spaces, the windows, door
openings, porches and balconies shall be visually compatible with the buildings and places
to which it is visually related; and
k.
A building shall be visually compatible with the buildings and places to which it is visually
related in its directional character, whether this be vertical character, horizontal character or
nondirectional character.
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21-183.07 - Demolition
a. No certificate of appropriateness for demolitions shall be issued by the Board until the
applicant has demonstrated that no other feasible alternative to demolition can be found. The
Board may ask interested individuals and organizations for assistance in seeking an
alternative to demolition. On all demolition applications, the Board shall study the question
of economic hardship for the applicant and shall determine whether the landmark or property
in the historic district can be put to reasonable beneficial use without the approval of
demolition application. In case of an income-producing building, the Board shall also
determine whether the applicant can obtain a reasonable return from his existing building.
The Board may ask applicants for additional information to be used in making these
determinations including, but not limited to, evidence that the plans for a new building on
the site will be implemented. If the applicant fails to establish the lack of a reasonable
beneficial use of the lack of a reasonable return, the Board shall deny the demolition 0
application.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIV -12
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b. The Board may grant a certificate of appropriateness for demolition even though the
designated landmark, designated landmark site, or property within the designated historic
district has reasonable beneficial use if:
1.
The Board determines that the property no longer contributes to a historic district or
no longer has significance as a historic, architectural or archeological landmark, or
The Board determines that the demolition of the designated property is required by
a community redevelopment plan or the comprehensive plan.
2.
21-183.08 - Relocation
When an applicant seeks to obtain a certificate of appropriateness for the relocation of a landmark,
a building or structure on a landmark site, or a building or structure in a historic district or wishes
to relocate a building or structure to a landmark site or to a property in a historic district, the Board
shall also consider the following:
a. The contribution the building or structure makes to its present setting;
b. Whether there are definite plans for the site to be vacated;
c.
Whether the building or structure can be moved without significant damage to its physical
integrity; and
d. The compatibility of the building or structure to its proposed site and adjacent properties.
21-183.09 - Appeals
Within fifteen (15) days of the Board decision, any person may appeal to the City Council any
decision of the Board on an application for a certificate of appropriateness. The City Council shall
approve, approve with modification, or disapprove the application within sixty (60) days of the
appeal.
SECTION 21-184 - ARCHAEOLOGICAL PRESERVATION
21-184.01 - Purpose and Intent of Article
It is hereby declared as a matter of public policy that the identification, evaluation and protection of
archaeological sites on public property is in the interest of the health, prosperity and welfare of the
people of the City. The public has an interest in the preservation of archaeological sites and artifacts
for their scientific and historical value and furthermore has a right to the knowledge to be derived
and gained from the scientific study of archaeological materials. The recent past has seen the
neglect, desecration and destruction of archaeological sites and the removal of archaeological objects
and information without adequate records with a resulting loss to the city's citizens of knowledge
Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) XIV -13
concerning their heritage. The destruction ofthese nonrenewable archaeological resources result in
a significant loss to the quality of life and cultural environment of the City. It is intended that
through this Article that reasonable measures will be taken to prevent the loss of archaeological sites
on public property within the City limits. It is therefore the policy of the City to take such actions 0
as are necessary or appropriate to locate, preserve and interpret archaeological sites that are located
on property owned or controlled by the City and to ensure that similar protective measures are
undertaken by other governmental agencies owning property, or funding projects impacting property,
in the City limits. It is not the desire or intent of the City to excavate every archaeological site within
the city, but rather to provide a mechanism that will enable the recovery of data, mitigate adverse
impacts, and protect significant sites in conjunction with projects undertaken to provide public
facilities.
21-184.02 - Excavations on Public Property
No individual shall be allowed to use a probe, metal detector or any other device to search or
excavate for artifacts on public property, nor can any individual remove artifacts from public
property without the written permission of the City. Furthermore, no disturbances or construction
activities shall be authorized within properties belonging to the City, including public streets and
right-of-ways, without a City right-of-way permit and without such archaeological efforts as may be
addressed by this Article. Any proposed archaeological work and delays relative to a disturbance
or construction work shall be in accordance with provisions of this chapter relative to major and
minor disturbances in Archaeological Zones.
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21-184.03 - Ownership of Artifacts
a. All artifacts uncovered, recovered or discovered during the course of any testing, salvage
archaeology or monitoring, as provided herein, on private property shall belong to the owner
of the property upon which such artifacts are found. Likewise, artifacts uncovered, recovered
or discovered during testing, salvage archaeology or monitoring on property belonging to the
City shall belong to the City. However, the City shall retain possession of artifacts from
private property for a period of up to two (2) years to allow for their property analysis,
cataloging, recording and conservation with written permission of the owner. Furthermore,
the City shall attempt to obtain written permission from property owners to secure permanent
ownership of the artifacts; otherwise, all retained artifacts are then to be returned to the
property owner as soon as such analysis, cataloging, recording, and conservation is
completed. Individuals and property owners are strongly urged to donate archaeological
artifacts to the City for long-term storage, care, protection and preservation.
b.
The removal of human skeletal remains recovered in archaeological context in all instances
shall be coordinated with the local medical examiner, City, City Archaeologist and the State
Archaeologist. Such remains shall be dealt with in accordance with the provisions of
Chapter 872, Florida Statutes, and they are not subject to private ownership. Such material
shall be sensitively treated and following their analysis by a physical anthropologist, shall be
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Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIV -14
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curated at a designated repository or appropriately reburied. If at all possible, human burials
should not be removed, they should be left undisturbed in their original position.
21-184.04 - Curation of Artifacts
Artifacts from monitoring, salvage archaeology and testing efforts will be washed, cataloged,
analyzed, recorded and conserved by the City Archaeologist in compliance with the U. S.
Department of Interior curation standards, with written permission of the owner. If the artifacts are
permanently donated to the City they will be property preserved and stored. The City will be
responsible for determining the approved and acceptable repository for artifacts from the
archaeological program in the City and the City will strive to maintain consistency in curation
procedures and storage of materials in a minimal number of locations.
SECTION 21-185 - EMERGENCY ACTIONS
21-185.01 - Emergency Conditions: Designated Properties
In any case where the Certified Building Official determines that there are emergency conditions
dangerous to life, health or property affecting a landmark, a landmark site, or a property in a historic
district, he may order the remedying of these conditions without the approval of the Board or
issuance of a required certificate of appropriateness. The Certified Building Official shall promptly
notify the chairman of the Board of the action being taken.
21-185.02 - Emergency Actions: Non-Designated Properties
The City Council may call an emergency meeting to review a threat to a property that has not yet
been designated by the city but appears to be eligible for designation. The City Council may request
that a stop work order be issued by the Certified Building Official for a thirty (30) day period in order
to provide time to negotiate with the property owner to remove the threat from the property; the
Board shall seek alternatives that will remove the threat to the property. During the thirty (30) day
period, the City Council may initiate steps to designate the property under the provisions in this
chapter.
SECTION 21-186 - CONFORMITY WITH THE CERTIFICATE OF APPROPRIATENESS
21-186.01 - Conformity with the Certificate of Appropriateness
All work performed pursuant to a certificate of appropriateness shall conform all provisions of such
certificate. It shall be the responsibility of the Building Department to inspect from time to time any
work being performed to assure such compliance. In the event work is being performed not in
accordance with such certificate, the Certified Building Official shall issue a stop work order. No
additional work shall be undertaken as long as such stop work order shall continue in effect.
Rev. 5/02 (PoliciesProcedureslLandDevelopmentCode) XIV -15
SECTION 21-187 - MAINTENANCE AND REPAIR OF LANDMARKS, LANDMARK
SITES AND PROPERTY IN HISTORIC DISTRICTS
21-187.01 - Provisions
a. Every owner of a landmark, a landmark site or a property in a historic district shall keep in
good repair:
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1. All of the exterior portions of such buildings or structures;
2. All interior portions thereof which, if not so maintained, may cause buildings or
structures to deteriorate or to become damaged or otherwise to fall into a state of
disrepair;
3. In addition, where the landmark is an archeological site, the owner shall be required
to maintain his property in such a manner so as not to adversely affect the
archeological integrity of the site.
b. The Board may refer violations of this section to the Building Department for enforcement
proceedings on any building or structure designated under this Article so that such building
or structure shall be preserved in accordance with the purposes of this article.
c.
The provisions of this section shall be in addition to the provisions of the building code
requiring such building and structures to be kept in good repair.
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SECTION 21-188 - PENALTY
21-188.01 - Penalty
Any person violating any of the provisions of this Article shall be fined not less than fifty dollars
($50.00), nor more than one hundred dollars ($100.00) for each offense. Each day's continued
violation shall constitute a separate offense. The Citizen Code Enforcement Board shall review any
violation of this article in accordance with the Board's procedure.
21-188.02 - Civil Penalties
In addition to the penalties provided in section 21-188, any person who violates any provision of this
article shall forfeit and pay to the city, civil penalties equal to the fair market value of any property
demolished or destroy in violation of this article or the Code to repair or rehabilitate any property
that is altered in violation of this article. In lieu of monetary penalty, any person altering property
in violation of the provisions of this article may be required to repair or restore such property.
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SECTION 21-189 - DEMOLITION PERMITS
21-189.01 - Requirements
Required: approval by the Recreation/Cultural Services Board; Hearing; exempt.
Prior to the issuance of a demolition permit pursuant to section 103 of the Standard Building Code
(1985) or the same section recodified of a later adopted version of the Standard Building Code, such
permit shall be reviewed and approved by the Edgewater Recreation/Cultural Services Board. The
Board shall hold a hearing for the purpose of approving or denying the demolition permit. The
hearing shall be advertised in a newspaper of general circulation in the city at least thirty (30) days
prior to the hearing. The Board shall approve the demolition permit only after finding that the
proposed demolition is in compliance with federal, state, county and city laws and ordinances
regulating the demolition of historic structures. The following shall be exempt from the
requirements of this section:
a. All structures less than fifty (50) years old;
b. All detached garages, carports, porches, utility buildings, and similar accessory structures;
and
c.
All docks, boat houses, and similar structures.
21-189.02 - Immediate Demolition of Unsound Structures
Notwithstanding the aforesaid provisions of this section, the Certified Building Official may
authorize the immediate demolition of any structure in accordance with section 103 of the Standard
Building Code (1985) or the same section of a later adopted version of the Standard Building Code
when, in his opinion, the subject structure is so unsound that it is in imminent peril of collapse. The
Certified Building Official, after issuing a demolition permit under these circumstances, shall, within
thirty (30) days , provide a written report to the Board describing the action he has taken and
explaining the reasons for taking the action. The Board shall review the Certified Building Officials
report. Should the Board disagree with the action taken by the Certified Building Official, the Board
shall issue a written report to the City Manager. The City Manager shall review the Board's report
and the Certified Building Official's report. The City Manager shall take whatever action he deems
appropriated and provide a written report on his action to the Certified Building Official, the Board,
and the City Council.
Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XIV -17
21-189.03 - Appeals of Final Decision
Final decisions under this section of the Board may be appealed to the City Council. The City
Council shall have the authority to affirm, modify, reverse or remand the decision of the Board. 0
Requests for appeal may be made to the City Manager or the City Clerk.
Sections 21-190 through 21-200 reserved for future use.
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AGENDA REQUEST
Date: May 7, 2002
PUBLIC
HEARING X
5/20/02
RESOLUTION ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Ordinance No. 2002-0-06
Amending the Official Zoning Map from County B9 (General
Office) to City B3 (Highway Commercial) for .61 acres of
property located on the northeast comer of U.S. Highway 1
and Palm Breeze Drive
BACKGROUND:
City Council voted to approve Ordinance No. 2002-0-06 at first reading on May 6,2002.
Owner: Betty Brooks
Parcel #: 8402-00-00-0250
The Future Land Use Map amendment for this parcel was adopted by Council on November 5,
2001. The parcel is now being rezoned to be consistent with the Future Land Use designation of
Commercial.
At the regular Planning and Zoning Board meeting of May 9, 2001 the Board voted unanimously
to send a favorable recommendation to Council for the proposed rezoning.
CURRENT USE: This property is currently vacant.
PROPOSED USE: The proposed use of the property is commercial.
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Desi~nation
North Mobile Home Park Medium Density MH-1
Residential
South Vacant Commercial V olusia County - B9w
East Single-Family Residence Commercial Volusia County - B9w
West Vacant Commercial B3
5a- Brooks
.
.
,
ANAL YSIS:
Land Use Compatibility
This land use is compatible with the surrounding properties located along US Highway 1.
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Adequate Public Facilities
This site has access to City water and sewer and is located along U.S. Highway 1, an arterial
roadway.
Natural Environment: There are no environmental issues associated with this property.
Consistency with Comprehensive Plan
The Future Land Use designation of this site is Commercial, therefore a Commercial zoning
classification is consistent with the Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2002-0-06 to amend the Official Zoning Map
from County B9 (General Commercial) to City B3 (Highway Commercial) for .61 acres of
property located on the northeast corner of U.S. Highway 1 and Palm Breeze Drive.
ACTION REQUESTED:
Motion to approve Ordinance No. 2002-0-06 to amend the Official Zoning Map from County B9
(General Commercial) to City B3 (Highway Commercial) for .61 acres of property located on the
northeast corner of U.S. Highway 1 and Palm Breeze Drive.
o
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: May 6, 2002
AGENDA ITEM NO.
6D
Respectfully Submitted By:
~-rri~("e.K ~'& \2. ~ \... i
Robin Matusick 'Kenneth R. Hooper \ V
Legal Assistant City Manager
o
5a- Brooks
2
.,.
,I
~
ORDINANCE NO. 2002-0-06
Q
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-9 (GENERAL
OFFICE) TO B-3 (HIGHW A Y COMMERCIAL) FOR
PROPERTY LOCATED AT THE NORTHEAST CORNER OF
PALM BREEZE DRIVE AND U. S. HIGHW A Y #1,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW A TER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
has submitted an application requesting a change in zoning classification for property owned by
o Betly Brooks. The subject property is located at the Northeast comer of Palm Breeze Drive and U.
S. Highway #1, containing approximately .61 acres. The requested zoning change would be from
County B-9 (General Office) to City B-3 (Highway Commercial) for the property described herein.
2. In a letter dated April 4, 2002, the City of Edgewater notified the owners of the
property of the pending rezoning for their property.
3. On May 9, 2001, the Local Planning Agency (planning and Zoning Board) considered
the request for a change in zoning classification and by a vote of 6 - 0, the Board recommended that
the City Council approve the request.
4. On May 6, 2002, the City Council considered on first reading/public hearing the
o proposed change in the zoning classification after publication of such hearing in the Observer on
St.dck tluough passages are deleted.
Underlined passages are added.
2002-0-06
1
...
\
,
April 25, 2002.
5. On May 20, 2002, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 9,2002, and notifying by mail all property 0
owners who own real property directly affected by the proposed action and all property owners who
own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9.
Changed or changing conditions make the proposed amendment necessary.
o
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
B-9 (General Office) to City B-3 (Highway Commercial):
o
StlUc.k t1l1ou~h passages are deleted.
Underlined passages are added.
2002-0-06
2
.;.
1
Q
o
o
The following described real property all lying and being in the County of V olusia
and State of Florida.
A portion ofU. S. Lot 6, Section 2, Township 18 South, Range 34 East lying Easterly
ofU. S. Highway No.1 and being more particularly described as follows: Commence
at the intersection of the South line of said U. S. Lot 6 and the Easterly R/W ofU. S.
Highway No.1; thence N 260 41' 40" W along the Easterly RfW ofU. S. Highway
No.1, a distance of 55.99 feet for the POB, thence continue N 260 41' 40" Walong
said RfW a distance of84.01 feet; thence N 770 09' 50" E, a distance of228.78 feet;
thence S 12050' 10" E a distance of 108.03 feet; thence S 770 09' 50" W, a distance
of 93.02 feet; thence N 890 56' 40" W, a distance of 118.63 feet to the Point of
Beginning.
Containing .61 acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Planning Director is hereby authorized and directed to amend the Official Zoning Map
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
described property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
Stwek tlHotlgh passages are deleted.
Underlined passages are added.
2002-0-06
3
circumstance.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on May 6, 2002, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
St. u.:k till ough passages are deleted.
Underlined passages are added.
2002-0-06
4
"
o
o
o
I
u
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
Stlllc;k till Ol1g1. passages are deleted.
Underlined passages are added.
2002-0-06
day of May, 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 May, 2002 under Agenda Item No.
5
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AGENDA REQUEST
Date: May 7. 2002
u
PUBLIC
HEARING X
RESOLUTION
ORDINANCE
5/20/02
CONSENT
OTHER
BUSINESS
BOARD
APPOINTMENT
ITEM DESCRIPTION:
Ordinance No. 2002-0-07
Amending the Official Zoning Map from County B9 (General
Office) to City B3 (Highway Commercial) for .65 acres of
property located on the southeast comer of US. Highway 1
and Palm Breeze Drive along with two (2) vacant parcels to
the east.
BACKGROUND:
City Council voted to approve Ordinance No. 2002-0-07 at first reading on May 6, 2002.
o Owner: Margaret Daniel
Parcel #: 8402-00-00-0254; 0261; 0262
The Future Land Use Map amendment for this parcel was adopted by Council on November 5,
2001. The parcel is now being rezoned to be consistent with the Future Land Use designation of
Commercial.
At the regular Planning and Zoning Board meeting of May 9,2001 the Board voted unanimously
to send a favorable recommendation to Council for the proposed rezoning.
CURRENT USE: This property is currently vacant.
PROPOSED USE: The proposed use of the property is commercial.
SURROUNDING AREA:
o
Current Use Future Land Use Map Zoning District
Designation
North Vacant Commercial V olusia County - B-9
South Vacant Commercial B-3
East Single-Family Residence Low Density Residential Volusia County - R-3W
West Vacant Commercial V olusia County - B-4
Sr-Daniel
.
4
.
ANAL YSIS:
Land Use Compatibility
This land use is compatible with the surrounding properties located along US Highway 1.
o
Adequate Public Facilities
This site has access to City water and sewer and is located along U.S. Highway 1, an arterial
roadway.
Natural Environment: There are no environmental issues associated with this property.
Consistency with Comprehensive Plan
The Future Land Use designation of this site is Commercial, therefore a Commercial zoning
classification is consistent with the Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2002-0-07 to amend the Official Zoning Map
from County B9 (General Commercial) to City B3 (Highway Commercial) for .65 acres of
property located on the southeast comer of U.S. Highway 1 and Palm Breeze Drive and the two
(2) adjacent parcels to the east.
ACTION REQUESTED: 0
Motion to approve Ordinance No. 2002-0-07 to amend the Official Zoning Map from County B9
(General Commercial) to City B3 (Highway Commercial) for .65 acres of property located on the
southeast comer of U.S. Highway 1 and Palm Breeze Drive and the two (2) adjacent parcels to
the east.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
May 6, 2002
AGENDA ITEM NO.
6E
Respectfully Submitted By:
~{'U~J\~~&'<.~~~' ~y
Robin Matusick kenneth R. Hooper \ \ ~
Legal Assistant City Manager U
Sr-Oaniel
2
..
~
ORDINANCE NO. 2002-0-07
Q
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-9 (GENERAL
OFFICE) TO B-3 (HIGHW A Y COMMERCIAL) FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
PALM BREEZE DRIVE AND U. S. HIGHWAY #1 AND TWO
ADDITIONAL VACANT PARCELS TO THE EAST ON PALM
BREEZE DRIVE, EDGEWATER, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEW A TER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
o has submitted an application requesting a change in zoning classification for property owned by
Margaret Daniels. The subject property is located at the Southeast comer of Palm Breeze Drive and
U. S. Highway #1 and two (2) additional parcels located East on Palm Breeze Drive, containing
approximately .65 acres. The requested zoning change would be from County B-9 (General Office)
to City B-3 (Highway Commercial) for the property described herein.
2. In a letter dated April 4, 2002, the City of Edgewater notified the owners of the
property of the pending rezoning for their property.
3. On May 9,2001, the Local Planning Agency (Planning and Zoning Board) considered
the request for a change in zoning classification and by a vote of 6 - 0, the Board recommended that
o the City Council approve the request.
SlIack th.ough passages are deleted.
Underlined passages are added.
1
2002-0-07
.
"
4. On May 6, 2002, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
April 25, 2002. 0
5. On May 20, 2002, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 9, 2002, and notifYing by mail all property
owners who own real property directly affected by the proposed action and all property owners who
own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8.
The proposed change in zoning classification will not adversely impact public
o
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
o
Stl t1c.k till otl~h passages are deleted.
Underlined passages are added.
2002-0-07
2
Q
o
o
The zoning classification for the following described property is hereby changed from County
B-9 (General Office) to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
and State of Florida.
PARCEL #1 - That portion of Government Lots 6 and 7, Section 2, Township 18
South, Range 34 East, V olusia County, Florida, being more particularly described as
follows: Commence at the intersection of the South line of said Government Lot 6,
and the Easterly Right of Way line ofU. S. Highway No.1; run thence S 890 56' 40"
E along said South line of Government Lot 6, a distance of 96.16 feet for the Point
of Beginning; thence continue S 890 56' 40" E along said South line, a distance of
2.84 feet; run thence N 770 09' 50" E, a distance of92.87 feet; run thence S 12050'
10" E, a distance of 105.8 feet; run thence S 790 07' W, a distance of95.7 feet; run
thence N 120 50' 10" W, a distance of 103.17 feet to the Point of Beginning. The
above-described property being also known as Lot 25, Palm Breeze, an unrecorded
subdivision.
PARCEL #2 - That portion of Government Lot 7, Section 2, Township 18 South,
Range 34 East, V olusia County, Florida, being more particularly described as
follows: Begin at the intersection ofthe South line of Government Lot 6, said Section
2, Township 18 South, Range 34 East, and the Easterly Right of Way line ofU. S.
Highway No.1; run thence S 890 56' 40" E along the South line of said Government
Lot 6, a distance of 96.16 feet; run thence S 120 50' 10" E, a distance of 103.17 feet;
run thence S 790 07' W, a distance of 63.66 feet to the said Easterly Right of Way
line ofU. S. Highway No.1, run thence N 260 41' 40" W along said Easterly Right
of Way line of U. S. Highway No.1, a distance of 126.18 feet to the Point of
Beginning. The above-described property being also known as Lot 26, Palm Breeze,
an unrecorded subdivision.
PARCEL #3 - Commence at the intersection of the South line ofU. S. Lot 6, Section
2, Township 18 South Range 34 East, and the Easterly RJW line ofU. S. Highway
No.1; thence S 89056' 40" E, 99.09 feet along said South line; thence N 77009' 50"
E, 92.87 feet for the Point of Beginning; thence N 770 09' 50" E, 92.65 feet; thence
S 12050' 10" E, 108.96 feet; thence S 790 07' W, 92.7 feet; thence N 12050' 10" W,
105.8 feet to the Point of Beginning.
Containing .65 acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
StI uc.k tI.lol'1g1. passages are deleted.
Underlined passages are added.
2002-0-07
3
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Planning Director is hereby authorized and directed to amend the Official Zoning Map 0
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
described property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or 0
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
o
St. uc,k tluough passages are deleted.
Underlined passages are added.
2002-0-07
4
....
,
PART F.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
Q first reading of this ordinance held on May 6, 2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by
and Second by
o
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
o
Shack t1llough passages are deleted.
Underlined passages are added.
2002-0-07
5
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
F or the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
St. uck till ougl. passages are deleted.
Underlined passages are added.
2002-0-07
day of May, 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 May, 2002 under Agenda Item No.
6
,
o
o
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AGENDA REQUEST
Date: Mav 13,2002
PUBLIC
HEARING X
ORDINANCE Mav 20, 2002
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Ordinance No. 2002-0-08
Amending Articles XV (Airports), and XVI (Fire
and Hazard Prevention) of the Land Development
Code.
BACKGROUND:
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:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~~f\'QL1.l L'ir.J\' \l~&~.~o~ ~\ ~
Robin Matusick Kenneth R. Hooper \ 0
Legal Assistant City Manager
LDC xv, XVI
Created by bwenzel
ORDINANCE NO. 2002-0-08
AN ORDINANCE OF THE CITY OF EDGEWATER,
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.
o
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 Edgewater,
Florida:
o
StI tick till otlgh passages are deleted.
Underlined passages are added.
2002-0-08
u
o
o
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 EDGEW ATER, FLORIDA.
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.
StJ tick till otlgh 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
and Second by
the vote on the first reading of this ordinance held on May 20, 2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StlUck tluough passages are deleted.
Underlined passages are added.
2002-0-08
3
o
o
o
u
o
o
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
F or the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Stl uck tlu ough 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
4
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._
ARTICLE XV
AIRPORTS
SECTION 21-200 - GENERAL PROVISIONS
21-200.01 - General Provisions ........................ .... ..... ..... ............. ....... .... ........ .... ....... XV-1
21-200.02 - Airport Hazard Zone .............................................................................. XV-l
Article XV
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ARTICLE XV
AIRPORTS
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 SCGtiol1 Article shall be enforced within the area on the
map entitled EDGEWATER AIRPORT HAZARD ZONE, which is shown on the City's
zomng map.
c. Airspace height zones standards:
1. 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 ofthe section, the owner of any structure
more than two hundred (200') feet above ground level shall install lighting in accordance with
FAA Advisory Circular 70-7460-1 D 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 70-7460-1 D.
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 70-7460-1 D. The permit
may be conditioned to install, operate and maintain markers and lights as may be necessary
Rev. 5\02 (PoliciesProcedures/LandDevelopmentCode) XV - 1
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 (PoliciesProcedures/LandDevelopmentCode) XV - 2
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ARTICLE XVI
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FIRE & HAZARD PREVENTION
SECTION 21-210 - GENERAL PROVISIONS
21- 21 0.01 - Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-l
21-210.02 - Adoption of Codes .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., XVI-l
21- 210.03 - Amendments to Codes ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-l
21-210.04 - Access to Buildings by Fire Apparatus ........................ XVI-l
21-210.05 - file Lane Rc.quilullehts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 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 - Burning of Trash and Ground Cover. . . . . . . . . . . . . . . . . . . . . . . . .. XVI-3
21-230.03 - Burn Permit Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. XVI-4
Q 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
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Article XVI
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Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode)
ARTICLE XVI
FIRE & HAZARD PREVENTION
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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:
G.
Nrr A 1, filc rlcvwtion Codc, 1997 Edition as hcrcinafkl amcnded,
Nrr A 101, Life Safcty Codc, 1997 edition,
Those nIandatory ldclchccd publications as listcd in CLaptcr JJ, ld'Clchccd publications of
Nfr A 101, 1997 Edition,
Those, mandatory rcfGre,nGcd publiGations as listed in Chapte,r 4J, recognizcd standards arId
publications ofNfrA 1, fire, rlcve,lItion Code, 1998 Edition.
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a.
b.
d.
a. Florida Fire Prevention Code.
21-210.03 - Amendments to Codes
The following are hereby amended to read as follows:
a. Section +=-1- 1-8, Board of Appeals; Nfr AI, 1997 Edition Florida Fires Prevention Code,
is repealed and replaced with Article VIII (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
ofthirteen feet six inches (13'6").
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Rev. 5/02 (PoliciesProcedures/LandDevelopmentCode) XVI-1
b.
The required width of access roadways shall not be obstructed in any manner, including the
parking of vehicles.
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c.
The Fire Chief or hislher 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.
21-210.05
Fil e Lane RequiI ement~ (Requirements are in the Florida Fire Prevention Code)
a. rile lanes shall bG twenty fGet (20') in width.
b. rile lahes shall be requirGd f01 all buildings that arc SGt back more tharl Obe hundled fifty fcct
(150') from a public. or pri vaOCload or excced thirty fc.Gt (3D') in hc.ight and arc set bac.k morc
tllan fifty feet (50') from a public. road.
C.
rile labes shall also bG required for access to building sprinkler/standpipe connections, fire
hydlants arId major building c.ntranee points. ",
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d. rire larKS may also be required whGh parking lot design, building 01 site de,sign make ae,c.ess
to tl.c building difficult fOl GlhGIgene,y vehides.
e. file lane lllarkings shall be as follows.
.1. Signs shall be twdvc inches (12") wide by c.ightecn inches (18") ill hc.ight,
2. Signs shall be white l;'Vith led letters and shall lead "No Palking or Standing - rire
Lane" ,
J. Signs shall be placed every onc.lioodred feet (100') and shall be double. faced ahd sllall
be seven fc,et (7') frolll the ground,
4. Stripes on the pavement shall be orsak!)' yellow thermoplastic matelial and shall be
f-our ihc.hes (4") ~idc. and shall be, placc.d every ondmndled feet (100') and shall lead
"No Parking 01 Standing - rile Lane", and
5. CUI bs shall be painted in safety ydlo w for dIG le.ngdl of the fil e lane,.
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 legaljustification, 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.
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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.
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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 0
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
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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 bum and shall be
subject to such conditions as are imposed by the Fire Department. Any violation of the conditions
of the bum 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 fr om time to time 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 which 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 five 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 (1) 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.
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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 oflooped 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
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21-250.01 - Intent
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 Edge water. 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 ofthis 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 0
needed to extinguish a fire involving a particular building, area or material.
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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.
Six inches (6") and five hundred gallons per minute (500 GPM) for one and two
family residential (single family, detached and duplex),
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),
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
Twelve inches (12") and twenty-five hundred gallons per minute (2,500 GPM)for
commercial areas over ten thousand (10,000) square feet.
1.
2.
3.
4.
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 utilized 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
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a. Approved fire hydrants shall be provided for buildings built after adoption of this oldinalIcc
Article to meet the required fire flow requirements as determined by the Fire Chief or his/her
designee using current A WW A (American Water Works Association) and NFP A (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 oldinal1cc Article exceed one
thousand feet (1,000').
c. With the exception of one (I) and two (2) family dwellings, fire hydrants shall be located
within five hundred feet (500') of the most remote area ofthe building when measured along
normal routes of Fire-Rescue Department access.
1. Exception One (1) and two (2) family dwellihgs. (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.
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e. All fire hydrants shall be of breakaway design. The minimum size for the barrel of all new
hydrants shall be at least 5 Y4 inches in diameter. Each hydrant shall have two 2 ~ inch male
thread hose connections and one 4 'li inch male thread hose connection. All hose connections
shall be of American National Standard thread. The operating nut shall be I 'li 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 'li 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 'li
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.
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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 (policiesProcedureslLandDevelopmentCode) XVI-8
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AGENDA REQUEST
Date: April 11. 2002
PUBLIC
HEARING X
RESOLUTION 5/20/2002 ORDINANCE
OTHER
BUSINESS CORRESPONDENCE
CONSENT
ITEM DESCRIPTION:
Resolution No. 2002-R-12
Rodney Jones, applicant, requests Abandonment and
Vacation of a portion of 16th Street lying Northeasterly of and
adjacent to Lot 456, Block 16, Florida Shores and a portion of
Guava Drive lying westerly of and adjacent to the westerly line of
Lots 450 through 456 inclusive, Block 16, Florida Shores.
BACKGROUND:
PROPOSED USE: The applicant proposes to build a small industrial complex at this site.
AREA: .46::1: acre
CURRENT LAND USE: Unopened City Right-of-Way
FLUM DESIGNATION: Industrial
WNING DISTRICT: I-I (Light Industrial)
VOTING DISTRICT: 2
SURROUNDING AREA
Current Land Use FLUM Designation Zoning District
North Industrial Industrial 1-2 (Heavy Industrial)
East Industrial Industrial I-I (Light Industrial)
B-2 (Neighborhood
South Vacant & Industrial Commercial and Industrial Business) & I-I (Light
Industrial)
West FEC Railroad FEC Railroad FEC Railroad
ANALYSIS
Background: The applicant, owns the adjacent properties to the east and south and is requesting the 0
abandonment of a portion of two (2) right -of-ways for additional space, on which he proposes construction of an
industrial complex. Presently, the Guava Drive R-O- W portion is not open and the 16th Street R-O- W portion is
not usable for public passage and includes a five (5) foot wide planting strip along the northern boarder. The
applicant previously applied for an abandonment of these right-of-ways in 1996 and these resolutions were
denied at the January 6, 1997 City Council meeting.
Land Use Compatibility: The proposed use is compatible with existing industrial uses in the area.
Adequate Public Facilities: The site is adjacent to a City public right-of-way and is served by all the
required facilities.
Natural Environment: There is a drainage canal to the south of this site, but no other environmental issues
exist.
Other Matters: Per Section 21.99.02 of the City of Edgewater Land Development Code, staffhas prepared
findings offact addressing the following:
1.
The consistency with the Comprehensive Plan's Objectives and Policies.
The Comprehensive Plan does not specifically address this issue.
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2. The effects, if any, on any planned or programmed expenditures of any public agency.
This abandonment will not effect any planned expenditures of any public agency.
3. An assessment of the effects on adjacent property.
The abandonment will promote development of the adjacent property.
4. A description of the adjacent land uses, zoning and site development criteria..
The description has been provided in the "Surrounding Area" table on the previous page.
5. Other appropriate information.
No other information is required.
6. Certification that the current taxes have been paid.
County records show that the current taxes have been paid.
STAFF RECOMMENDATION:
The Planning and Zoning Board, at their April 1 0, 2002, meeting, voted 7-0 to send a favorable 0
recommendation to City Council to grant the requested action to abandon the described Right-of Way with
the condition that the applicant/owner provides an easement to the city for access to a force main on 16th
Street prior to the issuance of any Development Order for this site.
ACTION REQUESTED:
U Motion to approve Resolution # 2002-R-12
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
~~~&~fr{ ~~~'CX~e~~ ~"'\ i--
Robin Matusick \ Kenneth R. Hooper \ \ U
Legal Assistant City Manager
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RESOLUTION NO. 2002-R-12
A RESOLUTION OF THE CITY OF EDGEW A TER,
FLORIDA, ABANDONING AND V ACA TING A PORTION OF
UNOPENED RIGHT OF WAY LOCATED AT 16TH STREET
L YING NORTHEASTERLY OF AND ADJACENT TO LOT
456, BLOCK 16, FLORIDA SHORES AND A PORTION OF
GUAVA DRIVE LYING WESTERLY OF AND ADJACENT TO
THE WESTERLY LINE OF LOTS 450 THROUGH 456
INCLUSIVE, BLOCK 16, FLORIDA SHORES AS FURTHER
DESCRIBED IN EXHIBITS A AND B; PROVIDING FOR
RECORDATION; PROVIDING FOR SEVERABILITY;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH
AND ESTABLISHING AN EFFECTIVE DATE.
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WHEREAS, the City Council of the City of Edgewater desires to abandon and vacate the
a portion of an unimproved, unopen right-of-way located at 16th Street lying Northeasterly of and
adjacent to Lot 456, Block 16, Florida Shores and a portion of Guava Drive lying Westerly of and
adjacent to the Westerly line of Lots 450 through 456 inclusive, Block 16, Florida Shores; and 0
WHEREAS, the applicant, Rodney Jones, has complied with the provisions of Chapter 21
(Land Development Code), Article IX (Application Procedures), Section 21-99 regarding the
provision of certain information in connection with the application; and
WHEREAS, pursuant to Section 21-99.02 (Procedures) of the Land Development Code of
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
Hearing before the City Council was provided by regular mail to owners of real property abutting
the Roadway and all owners of the property within three hundred (300) feet in all directions of the
Roadway; and
WHEREAS, pursuant to Section 21-99.02 (Procedures) of the Land Development Code of 0
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
2002-R-12
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Hearing was published one (1) time in a newspaper of general circulation in the City of Edgewater
by an advertisement that was published in the Observer on Wednesday, May 1,2002; and
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WHEREAS, pursuant to Section 21-99.02 (Abandonments) ofthe Land Development Code,
a sign setting forth notice of the public hearing before the City Council was posted upon the
Roadway; and
WHEREAS, the City Council of the City of Edgewater finds that said application and
supporting documents are in accordance with the requirements of Chapter 21 (Land Development
Code), Article IX (Application Procedures), Section 21-99 (Abandonments) and that the requested
action is consistent with the City of Edgewater Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
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Section 1.
Authority. The City Council of the City of Edgewater has the authority
to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, and Article IX (Application Procedures) of Chapter 21 (Land
Development Code) of the City of Edgewater.
Section 2.
Abandonment and Vacation of the Roadwav.
The City Council of the
City of Edge water, Florida, hereby abandons, vacates and renounces any rights in and to the portion
of unopened, unimproved right of way located at 16TH Street lying Northeasterly of and adjacent to
Lot 456, Block 16, Florida Shores and a portion of Guava Drive lying Westerly of and adjacent to
the Westerly line of Lots 450 through 456 inclusive, Block 16, Florida Shores as further described
o in Exhibits "A" and "B". See Exhibit "A" and Exhibit "B" for further legal description and
sketch of subject property.
2002-R-12
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Section 3.
Recordation. A certified copy of this Resolution shall be filed with the
V olusia County Property Appraiser and duly recorded among the Public Records of V olusia County,
Florida.
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Section 4.
Severability. If any section, subsection, sentence, clause, phrase or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of 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 hereto.
Section 5.
Effective Date.
This Resolution shall become effective immediately
upon passage and adoption.
After Motion by
the vote on this resolution was as follows:
and Second by
AYE
NAY
o
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
o
2002-R-12
3
u
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
2002-R-12
day of
,2002.
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council during the
Council meeting held on the day of
, 2002 under
Agenda Item
4
ElID
SLIGER & ASSOCIATES, INC.
PROFESSIONAL LAND SURVEYORS
LICENSED BUSINESS CERTIFlCATlON NO. 3019
3921 NOVA ROAD
PORT ORANGE, fL. 32127
(386) 761-5385
Copyright C 2002 Sliger &: Associates, Inc.
WWW.SLlGERASSOCIATES.COM
~
o
POINT OF BEGINNING
FERN PALM DRIVE (50' R/W)
5t.18" (P)
I 4(j(f1)
I
I
I
I
I
I
I
: LOT 4M
I
I
1
I
I
1
I
I
I
ut{P)
4d (ft) 1
1
I
I
I
I
I
I
LOT 4M l
J
BLOCK 16
LOT 4e58
I
I
1
I
I
1
I
I
: LOT 464
I
I
1
I
I
1
I
I
I
J
4d (P)
LOT 4e2
LOT ~1
PARCEL -B- 514'11'05"[ .3.35.71'
17279.n SQUARE FEET
0.397 ACRES GUAVA DRIVE (50' R/W)
j(!(P)
we'>
LOT 4eO
b
10
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l()O
. 0
co.
"<to
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""''''
FLORIDA EAST COAST RAILWAY
(100' R/W)
SKETCH OF DESCRIPTION U
NOT A BOUNDARY SURVEY
ABBREVIATIONS SHEET 1 OF 2
Ale
R/W
It
FOR: AMERICAN SOCK & DEWATERING INC. 0
DESCRIPTION: PARCEL "B", A PORTION OF FLORIDA
SHORES NO 1 (RFVISFD) SFF I FGAI DESCRIPTION C8
ON SHEET 2. FP.... co.
AlR CONDITIONER
R1Q1T or WAY
CEHTUIl..H(
CENTRAl AHCl[
RADIUS
ARC l..EHGTH
CHORD OCNt1NC
flORIDA POMJt I:
UCHT COWPN4Y
JOB 1/ 02-0091
H.G.V.D. NAnoNAI. C(OO(TlC
~ncAL OAt\JW
U:S.c. .. G.S. UNIlU) STAtr.S COAST
."',., ~,.,..r"''' .....Q.r...
<;~Alf 1M.. ;I€)' fino fl()()1(
PAr.F
LEGEND
. IRON ROO 'MTH eN'
0 IRON Pf'E
0 CONCRET[ WONu.,[NT
. PERWANENT REI'I.RENCE
MONUMENT
I}, P'ER'olAHENT CONTROl.
PillHT
(Rl RADIAL l~(
(HR) NON-RADIAl LINE
0 (losnHO U[VAT~
c:;J PROPOSEQ U.rVA nQN
o
EmJj SLIGER & ASSOCIATES, INC. I
!
PROFESSIONAL LAND SURVEYORS
LICENSED BUSINESS CERnflCA nON NO. 3019
3921 NOVA ROAD
PORT ORANGE, FL. 32127
(386) 761-5385
Copyright C ?002- Sliger &: Associates, Inc.
WWW.SlIGERASSOCIATES.COM
SURVEYOR'S NOTES
1. NOTICE: THERE MAY BE ADDITIONAL RESTRICTIONS AND/OR OTHER MATTERS THAT ARE NOT SHOWN ON THIS PLAT
OF SURVEY/SKETCH OF DESCRIPTION THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. THIS SURVEY!
SKETCH PREPARED WITHOUT BENEFIT OF AN ABSTRACT.
2. DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.
3. BEARING STRUCTURE BASED ON RECORD PLAT WI TH THE BEARING ON THE
WEST RIGHT-OF-WAY LINE OF FERN PALM DRIVE BEING S71'Oo'40"F
4. UNDERGROUND FOUNDATIONS, IF ANY, NOT LOCATED.
5. UNLESS OTHERWISE SHOWN, RECORD DISTANCES AND DIRECTIONS AND FIELD MEASURED DISTANCES AND DIRECTIONS
ARE THE SAME.
NOTE:
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
REFERENCE: PARCEL "B", A PORTION OF FLORIDA SHORES NO. 1 (REVISED)
LEGAL DESCRIPTION: PARCEL "B"
A PORTION OF GUAVA DRIVE L YlNG WESTERLY OF AND ADJACENT TO THE WESTERLY LINE OF LOTS 450 THROUGH
456 INCLUSIVE, BLOCK 16, FLORIDA SHORES NO. 1 (REVISED) ACCORDING TO THE PLAT THEREOF AS RECORDED IN
MAP BOOK 19, PAGE 209 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF SAID LOT 456; THENCE S14'll'05'E ALONG THE WESTERLY LINE OF SAID
LOTS 450 THROUGH 456, BLOCK 16, A DISTANCE OF 335.71 FEET TO THE SOUTHWEST CORNER OF SAID LOT 450:
THENCE S75'48'55"W, A DISTANCE OF 50.00 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY LINE OF THE
FLORIDA EAST COAST RAILWAY, A 100 FOOT RIGHT-OF-WAY AS NOW LAID OUT; THENCE N14'll'D5"W ALONG SAID
EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 355.48 FEET TO ITS INTERSECTION WITH THE WESTERLY
PROLONGA TION OF THE NORTHERLY LINE OF SAID LOT 456; THENCE S82"36'58"E ALONG THE WESTERLY
PROLONGA TION OF THE NORTHERLY LINE OF SAID LOT 456, A DISTANCE OF 53.76 FEET TO THE POINT OF
BEGINNING: SAID DESCRIBED TRACT CONTAINING 0.40 ACRES, MORE OR LESS.
PLA T PREPARED FOR THE FOLLOWING: (ONL Y THE LAST DATE IS CERTIFIED ON SEALED COpy)
THIS PLAT OF SURVEY IS CERTIFIED TO AND PREPARED FOR THE SOLE AND EXCLUSIVE BENEFIT OF THE ENTITIES AND\OR
INDIVIDUALS LISTED BELOW, ON THE MOST CURRENT DATE, AND SHALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR
INDIVIDUAL WHOMSOEVER.
TYPE OF SURVEY CERTIFIED TO DATE JOB NUMBER
SKETCH OF DESCRIPTION AMERICAN SOCK &: DEWATERING INC. JANUARY 25, 2002 02-0091
NOT CERTlFlED TO ANY ENTlTlES AND/OR INDIVIDUALS
OTHER THAN THOSF LISTED ABOVE.
SHEET 2 OF 2 VALID WITH SIGNATURE & EMBOSSED SEAL ONLY
FOR: AMERICAN SOCK & DEWATERING INC. I HEREBY CERTIFY THAT THIS PLAT
MEETS THE MINIMUM TECHNICAL
STANDAROS SET FORTH BY THE
DATE JOB NO. P.C. DRW. CHECKED BY Ri~ ~~~.~^'
SKETCH or DESCRIPTION JANUARY 25 2002 02-0091 BB JR LAND SURVE IN CHAPTER
BOUNDARY SURVEY 61G17-6. 0 A ADMINISTRATIVE
TOPOGRAPHIC SURVEY CODE, PU T ~OTA=N
FOUNDA nON LOCATED 472.027 IDA, 7 -
flNAI IMPRoIIF"rNT"
RECERTIFlCA nON S~PHEN B. SlIGER. P.L::>. NU. j/94
PROPOSED HOUSE LOCATION J.E. ZAPERT, P.L.S. NO. 4046
STEVEN T. KRUGER, P.L.S. NO. 4722
C.O. VAN KI ffCK .R,. P.S.M. NO (,1/,
v
o
~
SLIGER & ASSOCIATES, INC.
PROFESSIONAL LAND SURVEYORS
UCENSED BUSINESS CERnFlCA nON NO. 3019
3921 NOVA ROAO
PORT ORANGE, FL 32127
(386) 761-5385
Copyright C 2002 Sliger & Associates. Inc.
.. WWW.SLlGERASSOCIATIS.COM
POINT OF BEGINNING
FERN PALM
DRIVE (50' R/W)
o
NORTHEAST CORNER OF LOT 456
R/W LINE
LOT 456
GUAVA DRIVE
(50' R/W)
R/W LINE
FlORIDA EAST C
OAST RAILWAY (100' R/W)
SKETCH OF DESCRIPTION U
NOT A BOUNDARY SURVEY
AB8REVIA TIONS SHEET 1 OF 2
Ale
"I"
AIR CONOfllONER
LEGEND
. IRON R(X) ...rn CAP
0 IRON PIP[
0 CONCRETE MCH.MEHT
. PERWAHOfT RU"(R[HC
""""""'"
8 PERNAH[HT CONTROl
POoHT
(R) RADIAl UNE
(NIT) NON-RADIAl UN(
0 [JO$TJrolC Q..EVAllON
6J PRIl"O'lP nrvAl1\lfj
RlQiT Of WAY
ft
FOR: AMERICAN SOCK & DEWATERING INC. 0
DESCRIPllON: PARCEL "C". A PORTION OF FLORIDA
SHORES NO 1 (REVISED). SEE LEGAL DESCRIPTION C8
ON SHEET 2. fl'ti. co.
a:N 1EJlUNE
a:NTRAL N4Q.[
."""'"
loRe LENGlH
0<<Rl 8ENINO
n..oRmA P(Wl[R a:
UCHT CONPAAY
JOB II 02-0091
H.a.V.O. HAnoHAI. OEOOEne
~ntAl DATVM
u.s.c. * o.s. UNlTtD SlA1[S CO~T
AHD tVOMTlC ~'A\KY
SCALE ,".. 20' fiElD BOOK
PAGE
o
~ SLIGER & ASSOCIATES, INC.
PROFESSIONAL LAND SURVEYORS
UCENSED BUSINESS CERTlnCATlON NO. 3019
3921 NOVA ROAD
PORT ORANGE. FL 32127
(386) 761-5385
Copyright C 2002 Sliger & Associates, Inc.
WWW.SlIGERASSOCIATES.COM
SURVEYOR'S NOTES
,. NOTlCE: THERE MAYBE AODITlONAL RESTRICTlONS AND lOR OTHER MA HERS THAT ARE NOT SHOWN ON THIS PLAT
OF SURVEY!SKETCH OF DESCRIPTION THAT MAY BE FOUNO IN THE PUBLIC RECORDS OF THIS COUNTY.THIS SURVEY!
SKETCH PREPARED WITHOUT BENEFIT OF AN ABSTRACT. I
DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF. !
2. ,
3. BEARING STRUCTURE BASED ON RECORD PLAT WITH THE BEARING ON THE
WEST RIGHT-OF-WAY LINE OF FERN PALM DRIVE BEING S71'Ofi'4fi"F
4. UNDERGROUND FOUNDA liONS, IF ANY, NOT ~OCA TED.
5. UNLESS OTHERWISE SHOWN, RECORD DiSTANCES AND'DIRECTlONS AND FIELD MEASURED DISTANCES AND DIRECTlONS
ARE THE SAME.
NOTE:
NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
REFERENCE: PARCEL "C", A PORTlON OF FLORIDA SHORES NO. 1 (REVISED)
LEGAL DESCRIPTION: PARCEL "C"
A PORTION OF 16TH STREET L YlNG NORTHEASTERLY OF AND ADJACENT TO LOT 456. BLOCK 16, FLORIDA SHORES
NO.1 (REVISED) ACCORDING TO THE PLAT THEREOF AS RECORDED IN MAP BOOK 19, PAGE 109 or THE PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA AND IT'S WESTERLY PROLONGATION, BEING MORE PARTlCULARL Y
DESCRIBED AS FOLLOWS;
BEGIN AT THE NORTHEAST CORNER OF SAID LOT 456, BLOCK 16; THENCE N82'36'58"W ALONG THE NORTHERLY
LINE OF SAID LOT 456 AND IT'S WESTERLY PROLONGATION, A DISTANCE OF 126.48 FEET TO A POINT IN THE
EASTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A 100 FOOT RIGHT-OF-WAY AS NOW LAID
OUT; THENCE N14'll'05"W ALONG SAID EASTERLY RIGHT-OF -WAY LINE, A DISTANCE OF 24.10 FEET; THENCE
S82'36'58"E. A DISTANCE OF 123.17 FEET TO ITS INTERSECTlON WITH THE NORTHERLY PROLONGATlON OF THE
EASTERL Y LINE OF SAID LOT 456; THENCE S21'06' 46"E ALONG THE NORTHERLY PROLONGATION OF THE EASTERLY
LINE OF SAID LOT 456, A DISTANCE OF 25.50 FEET TO THE POINT OF BEGINNING, SAID DESCRIBED TRACT
CONTAINING 0.06 ACRES, MORE OR LESS.
PlA T PREPARED FOR THE FOllOWING: (ONl Y THE lAST DATE IS CERTIFIED ON SEALED COpy)
THIS PLAT OF SURVEY IS CERTIFIED TO AND PREPARED FOR THE SOLE AND EXCLUSIVE BENEFIT OF THE ENTITlES AND\OR
INDIVIDUALS LISTED BELOW, ON THE MOST CURRENT DATE, AND SHALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR
INDIVIDUAL WHOMSOEVER.
TYPE OF SURVEY CERTIFIED TO DATE JOB NUMBER
SK E TCH Of DESCRIP TlON AMERICAN SOCK & DEWATERING INC. JANUARY 25. 2002 02-0091
NOT CERTIFIED TO ANY ENTITlES ANP!OR INDIVIDUALS
OTHER THAN THOSE LISTED ABOVE.
SHEET 2 OF 2 VALID WITH SIGNATURE & EMBOSSED SEAL ONLY
fOR: AMERICAN SOCK & DEWATERING INC. I HEREBY CERTIfY THAT THIS PLAT
MEETS THE MINIMUM TECHNICAL
STANDARDS SET fORTH BY THE
DATE JOB NO. P.C. DRW. CHECKED BY "~"~Ij: "O""'~"
SKETCH Of DESCRIPTION JANUARY 25 . 2002 02 -offill BB JR LAND SURVEY lrlN CHAPTER
BOl NDARY SURIIVY 61G17-6, FL ADMINISTRATIVE
TOPOGRAPHIC SURVEY CODE. PUR TO SE ON
FOUNDA nON LOCATED 472.027. R A STA S.
FINAL IMPROVEMENTS ./17 _ "/C
Ji~i;ERTlfICA TlON 3:!EPHrN B. SLIGER. P.L.S. NO. 3794
PROPOSED HOUSE LOCATION J.e. Uf'CR1, P.L.S. NO. 4040
STEVEN T. KRUGER, P.LS. NO. 4722
r. 0 VAN KI rro( .JR. P S M NO ~ l'
u
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AGENDA REQUEST
u
Date: April 29. 2002
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
CONSENT
OTHER
BUSINESS May 20. 2002
CORRESPONDENCE
ITEM DESCRIPTION:
Appointment of two board members to the Edgewater Firefighters' Pension Board.
BACKGROUND:
The Edgewater Firefighters' Pension Fund has two open positions for board members.
The Board makeup per State Statute Chapter 175 is composed of five members: two from
the membership, two appointed by City Council, and the fifth member chosen by the
other four board members. The terms of the two City Council appointees, Laura Reilly
and Marty Tse, have expired. Both have expressed an interest in serving another term and
(;.) their letters of intent are attached.
ST AFF RECOMMENDATION:
Staff recommends the City Council fill the two vacancies on the Board.
ACTION REQUESTED:
Motion to appoint two members to the Edgewater Firefighters' Pension Board to serve
for two year terms.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
N/A
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
N/A
AGENDA ITEM NO.
N/A
o
Respectfully Submitted,
~~.
-----===== -'- 0...."--'''-
Jim Jollie, airman
Edgewater Firefighters Pension Board
.
.I
()
()
o
'"
9044271703 EW GARRGE
434 P0l
RPR 17 '02 09:30
-
John F. Reill}j Jr.
Laura A. Reilly
2101 S. Riverside Dr.
Edgewater, FL 32141
March 25, 2002
To: Edgewater Firefighters' Pension Board
Re: Renewal of current Board Member Term
Dear Mr. Chairman and Board Members:
I am a resident and taxpayer of 23 years with the City of Edge~ter. My principle
place of employment is within the City of Edgewater. Formerly a family business
owner, I have employed many Edgewater residents. I have been involved with
the Fire Department for many years; also with my husband as a volunteer.
I have served on the Pension Board for the past four years and would be delighted
to renew my term for two more years. I am requesting your (',onsideration to be
reappointed to the board. Thank you for your time and consideration. Please feel
free to contact me.
~.irelY, /J7Hj.
/7/l!t/a(/ ) r;
(,
Laura A Reilly
TO ; L./ slf
.. ..........__ _......... _. ,...._........-A...............:_.~~. ~...;;......
~~
,
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f'~} t: ~'~.l ~:: .~ \ / ~....~. ~. ""-"
r.; \ .;': .' '
1..'-'_ ~ ~c._. : ."C. ."
~ S. 74e
/J;:;~ C 5 ~ rJ:: 2
2403 Mango Tree Drive
386 423-6613
1::dg'.'.'a.c.... =;r,,, w~.:,.". ''C,
f.~ '0." 1...,J!"': ( Il...J I ~.~..':J.-'.~,...
April 4, 2002
To: Edgewater Fire Department Pension Board
From: Martin E. Tse
Subject: Consideration for a second tenn
Dear Mr. Chairman and Board Members:
My current term with the Edgewater Fire Department Pension Board will be ending
soon. I am requesting consideration to remain on the board for a second term.
I am very excited about all the great things that the board is currently doing. It would
indeed be a pleasure and a privilege for me to be a part of this advancement.
Please feel free to contact me.
,~ .
~2 ~~-;:::
{ Martin E. Tse
;;
q .c~
"
AGENDA REQUEST
Date: Mav 10,2002
u
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
./'
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
o
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
people in attendance spread from Kennedy Park to Menard-May Park.
Riverside Drive will be closed from Ocean A venue 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.
ST AFF 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 IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
DATE:
july4 - fire-rescue
YES
NO X
AGENDA ITEM NO.
o
~~L~(~0i'f\J\' \l..~~ '<.~ ~\ i:-
Robin Matusick Kenneth R. Hooper \ U
Legal Assistant City Manager
o
u
2
"
u
, . ....~' " I
This application must be completed in its entirety ';'d submitted to the PI"m<1rifD~tat
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
CITYOFEDGEWATER
SPECIAL EVENT APPLICATION
t';:!-.V !,': '\'.) v':"
It,\1 '
~ ~. .' _ r.., w
',;'
May 3, 2002
Date
Applicant Name: stephen Cous i ns
Sponsor/Organization Name: Edge~ter Fire Rescue Assoc. Inc.
Applicant/Sponsor Address: P.O. Box 1027 Edqewa ter, Flor ida 321 32
AddresslLocationofEvent: Kennedy Park and Maynard Park
Local Contact Telephone Number: 424-2445
Emergency# 869-0171 (oaQer)
Name ofEvent:Edgewater Fire Rescue Assoc. & Ci t
,DescriptionofEvent: Parade, fishinq contest, food,
fireworks.
<...> Date(s) of Event: July 4, 2002 Time(s) of Event: 10:00a.m. - 10:00p.m.
Set-uprrear down dates: (ifneeded): JulY' 3rd and Jul v 5th
Expected Attendance: 2.000 _ 3.000 ppoplp ~prprlr'l frnm Ke-rq:u;>d:y - Mrlynrlrd Par
Will admission be charged? ( ) Yes ~ ) No
Will outside live/recorded music or sound amplification be used? (x) Yes-Homs? 4-9 () No
Will vendors be at the event? ~) Yes ( ) No How many? 10
If yes, please check the following that apply:
X Food
July
o
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 ApplicationS-1-02
1
Which of the following will be used?
Banner
x Booth
X Temporary Tents
X FireworkslPyrotechnics
X Temporary Signs (Ramp Closed ect.)
X Canopy
X Amusement Rides-
.X Portable Restrooms (How Many?) 8
Other (specify)
The following shall accompany this application:
X Plan submitted to reflect location and number of vendors, parking layout,
and sanitary facilities.
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 in 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 incl~de names and addresses ofall owners and list may be obtained from
the Volusia County Property Appraisers Office).
Type of organization:
X Non Profit
o
o
Charitable
For Profit
Individual
Tax Exempt #
Name of Organization or beneficiary
Federall.D. # Tax #
SS#
Trash pi cck-llp 0
If you are requesting City assistance with your event, please descn"be:
law-enforcement, portable rest. rooms. f; rp-rI':>C:::('l1E>
Special Event Application5-1-02
2
u
'->
u
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 ofthe event. Riverside Drive from Ocean
to Lamont, July 4, 2002.
The applicant shall comply with all 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 ofOrdinances:-
If sound amplification is associated with this event, I agree to monitor the sound level so that it
remains within the limits of the City Code. Ifvalid 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
,"..~,
Special Event Applicati0n5-1-02
3
FOR OFFICE USE ONLY
POLICE DEPARTMENT 0
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE:
FIRE DEPARTMENT
APPROVED DENIED DATE
. COMMENTS/CONDITIONS
. SIGNATURE:
PLANNING DEPARTMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
.' SIGNATURE:
BUILDING DEPARTMENT
APPROVED DENIED DATE 0
COMMENrS/CONDmONS
SIGNATURE:
CODE ENFORCEMENT
APPROVED DENIED DATE
COMMENTS/CONDmONS
SIGNATURE:
\)
Special Event Application5-1-02
4
u
Edgewater Fire Rescue Association
City of Edgewater
July 4th Celebration
'->
I ~GLo{e~t AGtLo~ pLC1 ~
o
Stephen Cousins
Association President
P.O. Box 1027
Edgewater, Fl 32132
Edgewater Fire Rescue Association
Annual 4th of July Celebration
o
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 3:00pm till 1 hour past
the fireworks display. Parking areas will have lights and
port-o-Iets.
o
o
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 shuffleboard 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 I 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 radio 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.
c.;
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.
o
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 fo 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 with 0
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.
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 0
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 V
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
Avenue 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
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.
(.)
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EDGEWATER FIRE/RESCUE ASSOC.
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t.,ECEIVED
MAY 1 5 zaGZ
Q P.O. BOX 1027 EDGEWATER, FLORIDA 32132 (904) 409-3333
May 15,2002
'->
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 a joint 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 lndian 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,
~~
Stephen Cousins
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AGENDA REQUEST
Date: 5/22/02
PUBLIC
HEARING
ORDINANCE
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
x
CONSENT
ITEM DESCRIPTION:
Proposal for Engineering Services
Park Towne Industrial Center - Final Design
BACKGROUND:
At the City of Edgewater Regular Council Meeting on March 18, 2002,
the Edgewater City Council unanimously approved the preliminary layout
for Phase IT of Park Towne Industrial Center as presented by Gierok
Engineering, Inc., the City's engineering consultant for the project. Based
on this approval, it is time to proceed with the final design for Phase II of
the Park Towne Industrial Center.
STAFF RECOMMENDATION:
Staff has negotiated a proposal for engineering services for Final
Design of the Park Towne Industrial Center with Gierok
Engineering, Inc. at a lump sum cost of$152,481.00. Due to the
critical nature of stormwater concerns within the Gabordy Canal
watershed, the scope of services was adjusted to address this issue
in a more comprehensive manner.
ACTION REQUESTED:
Motion to authorize the City Manager to execute a contract with Gierok
Engineering, Inc. to provide engineering services relating to the Final
Design for Phase II of the Park Towne Industrial Center for a lump sum
of$152,418.00 based on the proposal attached hereto.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PRE~OUSAGENDAITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
:r;;;,,~ ~~~~
Department D. ctor
~h~ IYlr0." , Z'\~f"\ J<
Legal Review I ,
~%~~~
e eth R. Hooper
City Manager
C:\MyDociments\TerrysFiles\AgendaRequest
HAY 15 2002 8:22AH
GIEROK ENGINEERING INC.
4072448581
'" Gierok
Engineering} Inc.
p. 1
--
,
Civil Design <md Construction Se/'1lices
May 14,2002
\
EW -06
Mr. Terry Wadsworth
City of Edgewater
P.O. Box 100
Edgewater, FL 32132
SUBJECf: Proposal for Engineering Services
RE: ParkTowne Industrial Center - Final Design
Dear Mr. Wadsworth:
Pursuant to the City's request, Gierok Engineering, Inc. is pleased to present this proposal for
engineering services for the final design of the ParkTowne Industrial Center (F.LN.D. V-26
Containment Pond - Phase 2).
Final Design services include the preparation of biddable Contract Documents based upon the current
preliminary design layout, meetings with the City at 60% and 9<)0/0 completion levels, preparation of a
final project cost estimate at the time of advertisement by the City and required permitting for the
project. Deliverables to the City include three copies of the Contract Documents at each stage of
completion, and electronic f1.les of the Contract Documents at Final Completion.
Attached please find our detailed scope of services for the final design adjusted from our original
submittal for the entire project scope. As we have discussed in recent meetings, upon review of current
data, site drainage appears to be more critical than originally anticipated based upon the Phase I design
and ovemll project master plan. We have included additional services to better determine current
drainage conditions, including lOO-year flood elevations and tailwater depths. We anticipate completion
of these services within 150 days ofa written notice to proceed. Intermediate completion stages will
conform with City requirements. We propose to complete these services for the lump sum of$ I 52,481. I
We appreciate the opportunity to provide continued engineering services to the City and look forward to
our future endeavors with the City.
Very Truly Yours,
GlEROK ENGINEERING, lNe.
cjJ1J-J p
Kathleen N. Gierok., P.E.
Principal
Cc: File
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1835 Edgewacer Drive. Orlando. Florida. 32804
407. 244.8580 . {ax 401.244.8581 . eRlail: kg-cga@Cf/.rr.com
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~ MAY 15 2002 8: 22AM
GIEROK ENGINEERING INC.
4072448581
p.2
Attachment A - Scope of Services
ParkTowne Industrial Center - Final Desi2n
AVg.
Man- Hourly
Tll!IkNo. TASK DESCRIPTION/SCOPE OF SERVICES hours Rate- Total Costs
SITE LAYOUT, ROADWAY AND DRAINAGE DESIGN(WLD)
Final nesiRD Tasks
Preparation of final site paving. grading, drainage, and mass balance plans for tbe agreed
upon site layout. Final engineered plans created by WLD will include site road geometry,
I alignment(including sec:ondary roads to the site) and, stormwllter detention area desi.gn to
the satisfaction of the City. Submittals of final engineering plans will follow the 30%
preliminary design interval and will occur during at least the 60%, 90%, and 100%
design completion intervals for final engineering. Preparation of II SJRWMD pennit
aoolication and all associated dmiOilS!e calculations for review bv SJRWMD. 300 $85 S25.50C
Imtllwon 0 pre-applicatlon meet1ng and subsequent pennlt submtttal
coordination. Analysis of Environmental reports and wetlands jurisdiction line to
2 determine if wetlands mitigation is fcasible in order to create a more functional and
marketable development layout. Develop spe<:ifications related to stonnwater and
roadwav. 8 $85 $68C
3 Analysis and recommendation to the City of final stonnwater drainage network
requirements and varioull stormwater piping options including RCP, HDPE, CMP and
any other uroe materials the City wisbes to consider for use witb the stonnwa1el SyStem. 25 S85 S2,125
I Loordination with the City for phase two (2) project meetings involving conceptual
4 project planning, roadway tic-in and Right of Way acquisition meetings, and final layout
and desil!.D submittals. 65 $85 $5.525
Provide calculations relating to the site including stormwater drainage calculations, mass
5 balance calculations, and specific road base design calculations depending on sub-surface
soils conditions. 65 $85 SS 525
6 Detern1ination of constrUction quantities and an 'engineer's estimate' of final cost of S3.40e
construction for the designed facilities for the City. 40 $85
SubtotifFtnal Desiga and penoittimg -""WLD $42. 75~
MAY 15 2002 8:22AM
GIEROK ENGINEERING INC.
4072448581
p.:..i
Attachment A - Scope of Services
ParkTowne Industrial Center - Final Design
Jwg.
Man- Hourly
TMk No. TASK DESC1UPT10N/SCOPE OF SERVICES hours Rate. Total Costs
WATER AND SEWER UTILITIES(Gierok EnE.)
Final DesiEn
7 Make final adjustments for water main, force main and sewer pipe alignments and locate
valved points of future connections. (Includes meetinR with City staff.) 24 $80 $1,92C
8 Prepare Biliable Contract DrawiD1!s (24" x 36") 350 $75 $26,25U
Prepare construction documents with current CSI fonnat using CGNs existing standard
9 technical specifications and current NSPE Standard Genenl Conditions. Task includes
mcetill2 with moduct manufactlm:r's renresentatives. 116 S80 $9.280
Meet with City staff at 60% and 90% completion levels to review the status of the work.
10 Furnish three sets of contract documents at each level of completion Make City-
lreauested revisions and dev elomnental chansres. SO $80 $4,000
11 Preoare and orovide to the City final cost estimate Drior to advertisioll tbe muiect. 40 $80 $3 iOO
12 Furnish three (3) copies of the completed contract docwnents to City and review with
City staff. 40 $80 $3.200
Permittiog
Prepare Volusia County Health Department and FOEP Permit Applications for the
13 construction of Water, Sewer and Force Main design (2 permits). Includes response to
one ReQuest for Additional1nformation. 40 $80 S3.200
Direct Cost and Deliverables
14 Twelve (12) sets of Contl1lCt Documents (three (3) per submittal) at 3~1o, 60Yo, 90% and
100"10 comt>letion levels. S2.500
IS MailinJt. facsimiles, and milea2e $500
Subtotal Fhaal Desil!ll and Pennittilll - Cierok Eall.. $54,050
ADDITIONAL SUBCUNSUL TING SERVICES
16 Dminal!;e CalculatiOllB and Gabordv Canal Analvsis 555.676
Total Fioal Design Services S152,481
'.
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~ MAY 15 2002 8:22AM
GIEROK ENGINEERING INC.
4072448581
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Page I of 3
Liz McBride
Sent:
Subject:
City of Edgewater
"Jill Danigel" <jdanigel@cityofedgewater.org>
"Ken Hooper" <khooper@cityofedgewater.org>
"Steve Cousins" <scousins@cityofedgewater.org>; "Tracey Barlow" <ttb02@aol.com>; "Tracey T.
Barlow" < TTBarlow@cityofedgewater.org>
Monday, May 20,20022:49 PM
monday april 29code update.doc
From:
To:
Cc:
...
Department of Fire and Rescue Services
PO Box 100
Edgewater, F132132-0100
Phone 386.424.2445
Fax 386.424.2450
Date: May 20, 2002
To: Chief Tracey Barlow
From: Captain Jill Danigel, Community Services Division
Re: Weekly Community Services update
Old hospital and out building
. I received an email from the party interested in purchasing the property. He is in contact with the
property owner and is also securing a structural engineer for a consultation.
May Code Board meeting
. The meeting was held on May 16th. New Board member Glen Barnhill was present and
introduced. The meeting was brief as the agenda was short. No cases were brought to the Board.
Gail Wells' complaints (photos shown at previous Council meetings)
. 2600 block of Silver Palm (general debris) - in compliance
Gail Wells' list of complaints delivered ARril 17, 2002
. 3200 block of Woodland (restoration vehicle) - has obtained permit
. 2200 block of Yule (commercial vehicle) - notice of violation being prepared
Signs in right of way (real estate, garage sale, etc,)
. Mike did his sweep on Friday morning - approximately real estate signs were confiscated - the
area he patrolled was SR 442, Roberts Road and Riverside Drive
Convenience stores/signs and banners
5/20/02
-'
,
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Page 2 of 3
. All stores have complied with the exception of one located just north of Park Avenue - owner is
making contact with a sign company to mount a "diesel" sign to come into compliance
Vending machines
. Several representatives from the City met with News Journal and real estate press representatives
on May I st. We are awaiting a list from the News Journal of news/free press boxes throughout the
City. Currently all have been moved from the right of ways.
Code Ratrols by ACO Castetter
. Initial assignments from the list generated by ACO Castetter will be given this week
Empty lot - south of 201 Plaza
. Another phone contact is being made to get the grass cut, if not cut shortly a notice of violation
will be prepared