10-01-2001
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Voting Order
Mayor Schmidt
Councilman Brown
Councilman Vincenzi
CouncilwomanRhodes
Councilwomanlichter
AGENDA
CITY COUNCIL OF EDGEW ATER
REGULAR MEETING
October 1, 2001
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
None at this time.
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. 2001-0-60, Amending Article VI (Sign Regulations),
Article VII (Non-Conforming Uses) and Article VIII (Administration) of the
Land Development Code.
B. Res. No. 2001~0-21, supporting the County of Volusia and surrounding
municipalities toward the adoption of a countywide container law ("Bottle
Law").
7. CONSENT AGENDA
Items on the consent agenda are defined as routine in nature that do not warrant detailed
discussion or individual action by the Council; therefore, all items remaining on the consent
agenda shall be approved and adopted by a single motion, second and vote by the City
Council. Items on the consent agenda are not subject to discussion. One of the most basic
rules of a consent agenda is that any member of the City Council may remove any item
from the consent agenda simply by verbal request at the City Council meeting.
Removing an item from the consent agenda does not require a motion, second or a vote; it
would simply be a unilateral request of an individual Council member.
A. Recreation/Cultural Services Board Appointment - Councilwoman Rhodes
to consider reappointing Michael Visconti for another three year term.
8. OTHER BUSINESS
B. Land Clearing and Grubbing of Hawks Park Ballfield Complex - staff
recommending acceptance of bid from Yancey's Land Clearing, Inc. and
authorization for City Manager to execute contract ($38,642.50).
C. Purchase and Sale Agreement - requesting authorization for Mayor to
execute Agreement on to close on property located at 110 Rhode Island
for$68,000.
9. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
10. CITIZEN COMMENTS/CORRESPONDENCE
continued on page 2
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City Council Agenda
October 1, 2001
Page -2-
11. 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 October 15, 2001, agenda must be received by the City
Manager's office no later than 4:30 p.m. Monday, October 8, 2001.
Pursuant to Chapter 286, FS., if an individual decides to appeal any decision made with respect to any matter considered
at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record
of the proceedings is made.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings
should contact City Clerk Susan Wadsworth, 904-424-2407, prior to the meeting.
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AGENDA REQUEST
Date: September 25,2001
PUBLIC
HEARING
RESOLUTION
OTHER
BUSINESS
ORDINANCE October 2,2001
CONSENT
CORRESPONDENCE
ITEM DESCRIPTION:
Ordinance No. 2001-0-60
Amending Article VI (Sign Regulations), Article VII
(Non-Conforming Uses), and Article VIII
(Administration) 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 fomlat. Presented to you is the third submittal of Articles for your consideration.
City Council approved Ordinance 2001-0-60 at first reading held on September 24, 2001.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance No. 2001-0-60 amending Articles VI, VII, and VIII of the
Land Development Code.
ACTION REQUESTED:
Motion to approve Ordinance No. 2001-0-60, amending Articles VI, VII, and VIII of the Land
Development Code.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
_PREVIOUS AGENDA ITEM:
YES 6C
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Respectfully Submitted By:
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fuVL.'.: lJJ",..v.'; .{J .}~
Lynne Plaskett
Planning Director
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Robin Ma uSlck
Legal Assistant
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Kenneth R. Hooper 0
City Manager
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ORDINANCE NO. 2001-0-60
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; AMENDING CHAPTER 21, THE LAND
DEVELOPMENT CODE BY MODIFYING ARTICLE VI
(SIGN REGULATIONS), ARTICLE VII (NON-CONFORMING
USES) AND ARTICLE VIII (ADMINISTRATION),
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, ADOPTION AND CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, Chapter 163.3202, Florida Statutes requires adoption of a unified Land
Development Code which contains all regulations related to the development ofland in the City; and
WHEREAS, on July 10, 2000, City Council adopted Chapter 21, known as the Land
Development Code; and
WHEREAS, upon enactment, it was determined by City Council and Staff that any
scrivener's errors would be corrected by amending specific Articles contained in the Land
Development Code; and
WHEREAS, upon review, Article VI (Sign Regulations), Article VII (Non-Conforming
Uses) and Article VIII (Administration) 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 ofthe City of Edgewater,
Florida:
Stl uck tillOUgh passages are deleted.
Underlined passages are added.
2001-0-60
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PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE), BY
AMENDING ARTICLE VI (SIGN REGULATIONS),
ARTICLE VII (NON-CONFORMING USES) AND ARTICLE
VIII (ADMINISTRATION), OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Article VI (Sign Regulations), Article VII (Non-Conforming Uses) and Article VIII
(Administration) of Chapter 21 (Land Development Code) ofthe 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.
StIUck tl,lOugh passages are deleted.
Underlined passages are added.
2001-0-60
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PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
first reading of this ordinance held on September 24, 2001, was as follows:
AYE
Mayor Donald A. Schmidt
x
Councilman James P. Brown
ABSENT
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
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StI uck till ough passages are deleted.
Underlined passages are added.
2001-0-60
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NAY
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
StI uck tlIl oug,h passages are deleted.
Underlined passages are added.
2001-0-60
day of
,2001.
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 , 2001 under
Agenda Item No.
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ARTICLE VI
SIGN REGULATIONS
SECTION 21-60 - GENERAL REQUIREMENTS
21-60.01 - Purpose .. .................. ..... ....................... ......... ...................................... ........ VI-l
21-60.02 - General Provisions ..................................................................................... VI-I
21-60.03 - Perm i ts ........................................................................................................ VI - 2
21-60.04 - Proh i bi ted Signs ......................................................................................... VI - 3
21-60.05 - Exelnptions . ........... ............. ........................................................................ VI-3
21-60.06 - Variances .................... ............. ................................................................... VI-4
SECTION 21-61 - ON-SITE SIGNS
21-61.01 - Construction Signs ..................................................................................... VIA
21-61.02 - Development Signs .................................................................................... VI-5
21-61.03 - Pole Signs ................................................................................................... VI-5
21-61.04 - Ground Signs .............................................................................................. VI-5
21-61.05 - Projecting Signs ........................................................ .................................. VI-6
21-61.06 - Real Estate Signs ........................................................................................ VI-6
21-61.07 - Shopping Center Signs ............................................................................... VI-6
21-61.08 - Wall Signs .................................................................................................. VI-7
21-61.09 - Window Signs ............................................................................................ VI-7
21-61.10- Subdivision Signs ....................................................................................... VI-7
SECTION 21-62 - OFF-SITE SIGNS
21-62.01 - General............ ............. ................... ..... ...................................................... VI-7
21-62.02 - City Franchise Signs ................................................................................... VI-7
21-62.03 - Public Information Signs ............................................................................ VI-8
21-62.04 - Off-Site Wall Signs ... ....... ................... ...................... ................................. VI-8
SECTION 21-63 - TEMPORARY SIGNS
21-63.01 - Portable Signs ................ ............................................................................. VI-8
21-63.02 - Banner Signs...... ............. ......... ......... .......................................................... VI-9
21-63.03 - Political Signs ............................................................................................. VI-9
21-63.04 - Special Event Signs .................................................................................. VI-I0
21-63.05 - Garage Sale Signs ......... ............. ............................................................... VI -10
SECTION 21-64 - NON-CONFORMING SIGNS
21-64.01 - Amortization ............................................................................................. VI-IO
21-64.02 - Removal ................................................................................................... VI-II
SECTION 21-65 - SIGN AGREEMENTS
21-65.01 - Agreement Process .... ..... .......................................................................... VI-II
21-65.02 - Agreement Criteria ................................................................................... VI-12
Sections 21-66 through 21-69 reserved for future use.
Article VI
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Rev. 9/0 I JPolicesProcedures/LandDevelopmentCode)
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ARTICLE VI
SIGN REGULATIONS
SECTION 21-60 - GENERAL PROVISIONS
21-60.01 - Purpose
The purpose of the5e sign regulations is to protect, preserve and improve the character and
appearance of the city and to provide ample opportunity to advertise in commercial and industrial
areas. ~ llik pi G v GntilIg Gxcessi v G ad v Gi tisilIg tllat ~ auld lla v G a detr inlGlItal dfect 011 tile c1.ai actcr
and appGclranCG of tllOSG aiGM. It is further the intent to limit signs in residential and agricultural
areas to essential signs, primarily for the purpose of identification and information. , ill oldei to
plotect thc rG~idGnticll charactGI alId appGcllanCG of tlloSG aIGM. These regulations shall be the
minimum requirements necessary to accomplish these purposes and thcrefore to protect the public
health, safety and general welfare.
21-60.02 - General Provisions
The following general provisions shall apply to every sign erected in the City.
a.
The name and address of the company or person installing any sign and the name and address
of the company or person maintaining any sign, the date of erection and the voltage of any
electrical apparatus shall be painted or printed conspicuously on every sign erected.
b. Any light from any illuminated sign shall be shaded, shielded or directed so that the light
intensity or brightness shall not affect adversely the safe vision of operations of vehicles in
any public or private road, highway, driveway or parking area. Such light shall not shine
directly on or into any residential structure.
c. All signs shall be designed and constructed to withstand a wind load pressure of not less than
fifty (50) twenty-five (25) pounds per square foot of area, or as required by any applicable
code or ordinance, whichever is more restrictive.
d. Vegetation shall be kept cut around the base of any ground sign for a distance of fifteen feet
(15') from any portion of such sign touching the ground and the area around ground sign shall
be kept free of any material that might constitute a fire or health hazard.
e.
All signs permitted after February 1, 1997, shall permanently affix a weather resistant label
that includes the date of erection, the permit number, the name of the installer and the voltage
of any electrical apparatus.
Rev. 9/01 (PolicesProcedurcs/LandDcvclopmentCode) VI-J
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21-60.03 - Permits
a.
No person shall operate, maintain, erect, alter, repair or relocate any signs until the €rty
Planning Director and Building Official has determined that the proposed sign substantially
complies with the requirements of this Article.
b. Application for a sign permit shall be on forms provided fOI dlat pUlpO~(, by the City
Building Official and shall, at a minimum, contain the following information:
1. The name, address and telephone number of the applicant, the owner of the sign and
the owner of the property on which the sign is to be located; and
2. The address, if any, and legal description of the premises on which the sign is to be
located; and
c. A drawing to scale, in duplicate, showing the size, height, location, structural details and
dimensions of the sign and sign structure; and
1.
Two drawings to scale showing the position of the sign and any other existing
advertising structures in relation to the buildings or structures on the premises and
to the boundaries of the property; and
The signatures of the applicant and the owner of the property; or in the event the
owner is not available, written evidence of the owner's permission for the erection of
the sign; and
2.
d. Such other information as may be necessary to demonstrate compliance with this Article
including, but not limited to, engineers' drawings.
e. All signs shall be erected, altered, operated and maintained in compliance with the Standard
Building Code and the National Electrical Code. Signs 32 square feet, or less, in area shall
be deemed to comply with the wind load requirements of the Standard Building Code by
submission of plans and specifications to the Building Official.
f. The Planning Director and Building Official shall conduct a timely review each of the sign
permit application witllin two (2) wOIkilIg days of its SUblllissiolI and shall either issue the
permit or provide the applicant with a written statement of the reasons for denial.
g. Appeals of Building Official decisions regarding construction issues shall be made to the
Construction Regulation Board. Appeals of other sign related issues shall be made to-thc
City COUllcil. In accordance with Article I.
Rev. 9/0 I (PolicesProcedures/LandDevelopmentCode) VI - 2
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21-60.04 - Prohibited Signs
The following signs are prohibited in the City:
a.
No person shall erect a sign on or over any public property or public right-of-way, except in
accordance with a banner sign or franchise agreement approved by the City Council. Any
signill installed on public property shall be forfeited to the public and subject to confiscation
at the owners' cost.
b. The operation of any vehicle for the sole purpose of advertising is prohibited within the City
of Edgewater.
c. Roof signs, billboards, inflatable signs, snipe signs, banners, pennants, wind operated
devices, sandwich signs, moving signs, flashing signs, beacon light signs with moving or
alternating or traveling lights are prohibited, except as limited elsewhere in this Article. Time
and temperature signs and lighted moving message boards less than 35 square feet in area
shall not be subject to this prohibition.
d. 1\ny-f freestanding or projecting sign within an area bounded by the intersection of two
rights-of-way and points thirty feet (30') from such intersections measured along the rights-
of-way except as permitted elsewhere in this Article.
e.
Pursuant to Chapter 316.077, FS, no sign shall be permitted which is an imitation of, or
resembles an official traffic control device.
21-60.05 - Exemptions
The following signs shall be exempt from the permitting requirements of this Article.
a. Signs less than six (6) square feet in area and used only to identify the property address and
occupant's name.
b. Legal notices posted by authorized persons of a governmental body.
c. Any informational sign directing vehicular traffic, parking or pedestrian traffic on private
property, provided that such sign shall contain no advertising material and shall not exceed
4 square feet in total area. The letters shall not exceed eight inches (8") in height. If the sign
includes any advertising or logo, a sign permit shall be required.
d.
Identification signs, information signs or traffic control devices erected by any governmental
body. In addition, emergency warning signs erected by a government agency, private utility
company or a contractor doing authorized or permitted work within a public right-of-way.
Rev. 9/01 (PolicesProcedures/LandDevelopmenICode) VI-3
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e. Wall graphics may be an integral decoration of a building, but shall not include letters,
trademarks, moving parts or moving lights and shall not cover more than thirty percent
(30%) of any single wall surface area.
f.
On-site signs five (5) square feet or less in area that offers a specific property for sale, lease
or rent by the owner or his authorized agent.
g. The flag of the United States shall be displayed in accordance with the protocol established
by the Congress of the United States for Stars and Stripes. All other flags shall conform to
the requirements of Section 21-61.
h. Holiday lights and decorations with no commercial messages between November I st and
February 1 st.
1. Works of art that do not include a commercial message.
J. Two open house flags, not exceeding fifteen (15) square feet in area, displayed during
inspection times for model residences.
k. COlI v CIIic-IICC and bu.'l be,IIChc.'l w itll pl ilIted .'ligll.'l, pro v ide,d tile be,nc!K.'l ale con.'ltwcted alld
placed ptll.'lUalIt to the to nl.'l of a Iicen.'le agleeh1elIt or contract w itll tile City.
'-' 21-60.06 - Variances
-Any-v V ariance~ to the strict application of the requirements of this Article may be granted by the
Planning and Zoning Board in conformance with the requirements of Article IX. IIowevcr, 110
varialIce, .'lhall be granted to allo~ tile e.'ltabli.'lhed .'lquare footage, to be excccdcd 01 to allo~ a .'lign
prohibited by SeGtiolI 21-60.04.
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SECTION 21-61 - ON-SITE SIGNS
21-61.01 - Construction Signs
a. One construction sign, including the names of persons or firms furnishing labor, services or
materials to the construction site, shall be allowed for each project where a building permit
has been obtained for the project.
b. Such sign shall be removed no later than the date of issuance of a certificate of occupancy.
c.
No such sign shall exceed thirty-two feet (32') in area.
Rev. 9/01 (PolicesProccdurcs/LandDevelopmcntCode) VI-4
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21-61.02 - Development Signs
a.
One sign, not to exceed sixty-four (64) square feet in area for nonresidential projects or forty-
eight (48) square feet in area for residential projects, may be permitted on each site for which
a site plan, or subdivision plat, has been approved.
b. A development sign permit may be issued for no longer than one (I) year. However, the
Building Official may renew the permit, if it is determined that promotion of the site is still
acti ve.
21-61.03 - Pole Signs
a. Pole signs shall be limited to two (2) square feet of addressed building frontage and shall not
exceed 60 square feet, except as provided in Section 21-61.07.
b. Pole signs shall be a maximum of twenty feet (20') high with a minimum nine foot (9')
clearance above the ground or sidewalk. No pole sign shall be located closer than fifty feet
(50') from any existing pole sign.
c. Except for shopping centers as described in Section 21-61.07, there shall be only one (1)
pole, or ground, sign per parcel.
d.
The sign area shall be calculated to include the outside edge of the sign cabinet or frame.
e. Except as provided in Section 21-62, a pole sign shall only be used to advertise a business
on the same site.
21-61.04 - Ground Sign
a. Ground signs shall be limited to two (2) square feet of addressed building frontage and shall
not exceed sixty (60) square feet, except as provided in Section 21-61.07.
b. Ground signs shall be a maximum of ten feet (10') high and shall be located in a an approved
landscaped buffer area. Ground signs shall not impede traffic visibility.
c. Except for shopping centers as described in Section 21-61.07, there shall be only one (1)
ground, or pole, sign per parcel. No ground sign shall be located closer than fifty feet (50')
from any existing ground sign.
d.
The sign area shall be calculated to include the outside edge of the sign cabinet or frame.
e. Except as provided in Section 21-62, a ground sign shall only be used to advertise a business
on the same site.
Rev. 9/01 (PolicesProcedures/LandDevelopmentCode) VI-5
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21-61.05 - Projecting Signs
a. A projecting sign shall not extend more than four feet (4') beyond the surface of the building
to which it is attached.
b.
The surface area of a projecting sign shall not exceed twenty-four (24) square feet per story
in the building.
c. There shall be a minimum of nine feet (9') clearance between the bottom of a projecting sign
and the ground surface or sidewalk.
21-61.06 - Real Estate Signs
a. A non-illuminated sign advertising the sale or lease of a business or parcel on which the sign
is located shall be permitted in any zoning district.
b. The maximum sign size shall be thirty-two (32) square feet.
21-61.07 - Shopping Center Signs (Commercial Centers)
a.
Ground, or pole signs, for shopping centers may be constructed subject to compliance with
the criteria described below. No other signage shall be permitted for these uses, except wall
sIgns.
Sign Criteria Parcel Width Less Parcel Width Greater
Than 150 Ft. Than 150 Ft.
Number of Signs per One Two
Parcel
Maximum Allowable 100 sq.ft per side Anchor Structure Sign
Area of All Signage On 200 sq. ft. total 100 sq.ft per side
the Site 200 sq. ft. total
Tenants Sign
100 sq.ft per side
200 sq. ft. total
Maximum Height Above Poles - 20 feet Poles - 20 feet
Ground
Minimum Clearance From Poles - 9 feet Poles - 9 feet
Ground
Area Allowed For Center 20 percent maximum 20 percent maximum
Name
Area Allowed For Tenants 80 percent minimum 80 percent minimum
Name
Rev. 9/0 I (PolicesProcedureslLandDcvelopmentCode) VI-6
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21-61.08 - Wall Signs
a.
The total amount of wall signs allowed shall be two (2) square feet of signage per one (I)
linear foot of addressed business frontage, not to exceed sixty-four (64) square feet.
b.
The area of a wall sign shall be calculated by summing the area of each letter and the
corporate logo in the sign.
21-61.09 - Window Signs
The window area and the glass door area between four feet (4') and seven feet (7') above the adjacent
ground shall not be covered by opaque sign age.
21-61.10 - Subdivision Signs
A maximum one hundred (100) square foot in area ground sign identifying a subdivision may be
located at each subdivision entrance.
SECTION 21-62 - OFF-SITE SIGNS
Off-site signs that advertise products or businesses located at a site other than the location of the
business, are deemed by this Article to constitute a separate use. The control and regulation of the
display of such advertising deemed to be appropriate to the character and surrounding development
shall be considered. It is intended that such advertising be confined to certain commercial and
industrial properties.
21-62.01 - General Requirements
All off-site signs shall require approval by the City Council upon a recommendation from the City
Building Official.
a. Off-site signs shall be limited to twelve (12) square feet in area and shall not be located
closer than one thousand feet (1,000') to another off-site sign.
b. All off-site signs shall generally conform to the Standard Building code construction
requirements.
21-62.02 - City Franchise Signs
The City Council may approve off-site signs for certain franchise agreements. The criteria for
approval of off-site selection shall be consistent with the conditions contained in the Sign Franchise
Agreement and shall be subject to City Council approval. Minimum standards include:
Rev. 9/0 J (Pol iccsProcedures/LandDevelopmcntCode) VI-7
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a. A leading edge of a franchise sign shall not be closer than ten feet (10') to a paved surface
of a public right-of-way, unless approved by the City Engineer.
b.
Signs bearing public information, as designated by the City Manager, may be placed in any
zoning district.
c. A franchise sign shall have a minimum clearance of nine feet (9') above the ground and a
maximum height of sixteen feet (16').
21-62.03 - Public Information Signs
Public information signs containing no commercial message, which are no greater than four (4)
square feet in area may be located anywhere in the City.
21-62.04 - Off-Site Wall Signs
City Council may approve off-site wall signs subject to the following:
a. The business/development has no other off-site signs.
b. Signs shall not exceed thirty-two (32) square feet each.
c.
No more than one (1) wall sign~ per each side of the building with a maximum of two (2)
signs per building.
d. The total square footage allowed for all wall signs per building shall not be exceeded
pursuant to Section 21-61.08.
e. Off-site wall signs are temporary and will be permitted for six (6) months.
SECTION 21-63 - TEMPORARY SIGNS
21-63.01 - Portable Signs
a. The Building Official may issue a portable sign permit to a business for a maximum of thirty
(30) days per year to announce special events or grand openings.
b. The maximum size of a sign shall be thirty-two (32) square feet.
c.
Only one (1) sign shall be permitted on a parcel at anyone time.
d. A sign shall not occupy any required parking space nor restrict on-site traffic flow.
Rev. 9/01 (PolicesProcedureslLandOevelopmentCode) VI-8
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e. A portable sign shall not be located closer than ten feet (10') to the paved portion of a public
right-of-way.
f.
Portable signs shall not have flashing or moving lights and shall not be affixed to another
sign or structure or mounted for the purpose of making it a permanent sign.
21-63.02 - Banner Signs
a. The Building Official may issue only one (I) banner sign per street frontage at a time on a
given parcel, for a special event such as grand openings.
b. Banner signs shall not be permitted in residential zoning districts and the B-4 district.
c. The maximum sign area shall be thirty-two (32) square feet.
d. Banners may display business or product logos and generic messages, but not specific sales
information.
e. Banners may be erected up to seven (7) days prior to the event, shall be removed within two
(2) days after the event and shall be limited to ten (10) days per event two (2) times per year.
f.
The City Council may approve banners that do not comply with these requirements for
citywide functions.
21-63.03 - Political Campaign Signs.
a. Political campaign signs shall be permitted as temporary signs and, as such, shall be removed
within ten (10) days after the advertised candidate has been finally elected or defeated oMhe
ad vGItise,d issue, fihally decided. A sign may remain through any primary or run-off election
as to any candidate who is subject thereto.
b. An applicant for a political campaign sign shall be issued one sign permit for an unlimited
number of signs. The fee shall be as established by resolution.
c. Signs shall not be placed in any public right-of-way, on any public property, attached to any
utility pole nor attached to any tree. Signs located on private property shall have the written
authorization of the property owner.
d.
Signs placed on private property shall be securely erected to prevent displacement by heavy
winds and so placed as to not interfere with traffic visibility.
c. SighS place.d 011 vacallt lots shallllave. ~littGl1 pe.lluission flOlu the. O~IICI ,Hid a copy shall
be supplied to tile Duilding Depal tlueht.
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f. Political campaign signs shall not exceed eight (8) square feet in area.
a
b'
Upon determination of the City Duildillg Official Code Enforcement Department, illegal
signs shall be removed within twenty-four (24) hours after notification to the applicant.
However, no notification shall be required for removal twenty-four (24) hours prior to, or on
election day.
h. The City shall retain removed illegal political campaign signs for five (5) working days after
notification before their destruction. An applicant may retrieve the signs during this period.
21-63.04 - Special Events Signs
Sign permit applications for special athletic, civic, or charitable events located in or across right-of-
ways shall be submitted to the Duildil1g Official City Clerk's office for the City Council's actiol1 at
thell next available lueeting review and approval.
21-63.05 - Gara2e Sale Si2ns
Temporary garage sale signs may be permitted in City right-of-ways provided:
a.
Signs may be erected no sooner than one day prior to sale and must be removed one day after
sale.
b. No garage sale signs shall be located on County or State Roadways (U.S. Hwy. I, S.R. 442
(Indian River Blvd.) and Prk Avenue.
c. Signs shall be located no closer than 1,200 feet to the closest intersection of the sale location.
SECTION 21-64 - NON-CONFORMING SIGNS
Any existing sign that is in violation of this Article at the effective date of this Chapter shall be
deemed a legal nonconforming sign. Such signs may be continued subject to the conditions
described below.
21-64.01 - Amortization
a.
No nonconforming sign shall be altered, moved or repaired in any way except in full
compliance with the terms of this Article. This provision shall not apply to the changing of
temporary copy of changeable copy signs, or to repairs necessary to maintain the structural
integrity or safety of a sign so long as such repairs do not exceed fifty-one percent (51 %) of
the replacement cost of such sign.
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b. All nonconforming signs shall be removed, or madc to conform with this Article, no latcr
than Fcbruary 14,2004. In the interim, said sign shall bc maintained in good rcpair, subject
to the conditions abovc.
c.
Failure to remove nonconforming signs by February 14,2004 may subject the sign owner to
the code compliance provisions of Article X. In this regard, a sign owner may entcr into a
sign agreement as dcscribcd in Section 21-65.
21-64.02 - Removal
a. An obsolete, or deteriorated sign, shall be rcmoved by the owner, agent or person having
beneficial use of the premises on which sign is located and shall be removed within thirty
(30) days of writtcn notification by the Duildillg Official Code Enforcement Department.
b. Upon failure to comply with such notice, the Duilding Official Code Enforcement
Department shall cause the sign to be removed at the owners expense, including any interest
that may have accrued.
c. Failure to pay such costs within thirty (30) days of the written notification of the removal
costs shall create a lien against the sign owner in favor of the City.
SECTION 21-65 - SIGN AGREEMENTS
The purpose of this Section is to provide a process and criteria by which the City can bring illegal
and/or non-conforming signs into compliance without adjudication by the Code Enforcement Board
or the court system.
21-65.01 - Agreement Process
a. An applicant shall cOlllpktc a fOIlll to bc dCvc10ped by the Planning and Devc1oplllCl1t
DGpartlllcnt (PDD) and shall provide a draft: sign agreement that includes the criteria
described in Section 21-65.02.
b. The applicant shall submit the required I1latcl ial to tllc PDD sign agreement not less than
forty-five (45) days prior to the Planning and Zoning Board (P&Z) meeting at which the
applicant wishes consideration.
c. The P&Z shall conduct a public hearing after providing the following public noticc:
1.
Direct mail notice to all property owners of record within one hundred fifty feet
(150') of the proposed sign location.
Post the proposed site no less than ten (10) days prior to the subject P&Z meeting.
2.
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h.
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d. Upon completion of the P&Z deliberations, the agreement shall be scheduled for the next
available City Council meeting.
e.
The City Council shall hold a public hearing regarding the proposed agreement after public
notice in the same manner as provided above.
f. The City Council shall take final action regarding the agreement within thirty (30) days,
unless the applicant agrees to additional time.
21-65.02 - Agreement Criteria
At a minimum, the sign agreement shall include:
The name, address and phone number of the applicant.
The name, address and phone number of the existing sign site property owner.
Any appropriate site drawings and plans.
A timetable for removal of the existing sign.
Any proposed site mitigation activities
The signature of the applicant
The signature of the proposed site property owner
The signature of the appropriate city official.
Sections 21-66 through 21-69 reserved for future use.
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ARTICLE VII
NON-CONFORMING USES
SECTION 21-70 - PURPOSE. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. VII-I
SECTION 21-71 - NON-CONFORMING USES
21-71.0 I - Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Vll-I
21-71.02 - Non-Conforming Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. VIl-2
21-71.03 - Non-Conforming Lots of Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. VII-2
21-71.04 - Non-Conforming Lots ....................................... VII-2
21-71.05 - Non-Conforming Mobile Home Parks. . . . . . . . . . . . . . . . . . . . . . . . . .. VII-3
SECTION 21-72 - VARIANCES
21-72.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. VIlA
21-72.02 - Initiation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. VIlA
21-72.03 - Application Procedures ...................................... VIlA
21-72.04 - Standards for Granting Variances .............................. VII-5
21-72.05 - Limitations on Granting Variances ............................. VII-6
21-72.06 - Appeals from the Planning & Zoning Board. . . . . . . . . . . . . . . . . . . . .. VII-6
Sections 21-73 through 21-79 reserved for future use.
Article VII
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ARTI CLE VII
NON-CONFORMING USES
SECTION 21-70 - PURPOSE
The purpose of this Article is to regulate and limit the continued existence of lots, signs and
structures that were lawfully established prior to the effective date of this code but do not conform
to the provisions of this Code. Nonconformities may continue, but the provisions of this Article are
intended to curtail substantial investment in nonconformities and to bring about their eventual
elimination.
SECTION 21-71 - NON-CONFORMING USES
21-71.01 - Intent
a. Authority to Continue. Nonconforming uses of land or structures may continue In
accordance with the provisions of this Section.
b. Ordinary Repair and Maintenance. Normal maintenance and repair of structures
containing nonconforming uses may be performed.
c.
Expansions. Nonconforming uses shall not be expanded. This prohibition shall be
construed so as to prevent the enlargement of nonconforming uses by an addition to the
structure housing the nonconforming use or by the occupation of additional land.
d. Relocation. The structure housing a nonconforming use may not be moved unless the entire
structure and use shall thereafter conform to the requirements of this Code.
e. Change in Use. A nonconforming use shall not be changed to any other use unless such use
conforms to the provisions of this Code. A change in use shall mean a substantial change
in character involving activities that result in different external impacts. A change only in
the items offered for sale or manufactured or a change in the business name shall not
constitute a change in use.
f. Termination.
1.
Abandonment or Discontinuance - when a nonconforming use is discontinued or
abandoned for six (6) months, then the nonconforming use may not be restored.
Damage or Destruction - if a structure housing a nonconforming use is damaged or
destroyed to the extent of fifty percent (50%) or more of the assessed value of the
structure, then the nonconforming use of the structure may not be restored.
2.
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21-71.02 - Non-Conforming Structures
a.
Authority to Continue. A permitted use located in a nonconforming structure may continue
in accordance with the provision of this Section.
b. Ordinary Repair and Maintenance. Normal maintenance and repair of nonconforming
structures may be performed.
c. Expansions. Any expansion of a nonconforming structure shall be in conformance with the
provisions of this Article. This shall not prevent expansion as long as the nonconformity is
not increased. A nonconforming structure may be altered or enlarged into a required setback
which already contains an encroachment as long as the existing setback is not reduced
further.
d. Relocation. A nonconforming structure that is moved shall thereafter conform to the
requirements of this Code.
e. Termination Upon Damage or Destruction. Any part of a nonconforming structure that
is damaged or destroyed to the extent of fifty percent (50%) or more of the assessed value
of said structure shall not be restored unless that part conforms to the provisions of this Code.
o 21-71.03 - Non-Conforming Lots of Record
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Legally Nonconforming Lots of Record. Any lot created prior to June 17, 1974, shall be
considered legally nonconforming if the lot has a width of at least forty (40) feet and an area of at
least three thousand six hundred (3600) square feet. Any lot created between June 17, 1974, and the
effective date of this Code shall be considered legally conforming only if the lot met the
requirements in effect as of the date the lot was created.
21-71.04 - Non-Conforming Lots
a.
In any district, principal permitted structures and customary accessory buildings may be
erected on any legally nonconforming lot of record or lot rendered nonconforming through
the exercise of eminent domain.
Such lot shall be in separate ownership and not be contiguous to other lots in the same or
substantially the same ownership. This provisions shall apply even though such lot fails to
meet the requirements of this Article for area, width, depth, and frontage or any combination
thereof, provided that yard dimensions and requirements other than those applying to area,
width, depth or frontage shall conform to the requirements of this Article.
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Variance of yard dimensions and requirements other than those applying to area, width,
depth, and frontage shall be obtained only through action of the Planning and Zoning Board.
If however, the lot has no frontage, then proof of recorded legal ingress and egress
acceptable to the City Attorney must be furnished before a development order will be issued.
b.
If a nonconforming lot is contiguous to another lot in the same or substantially the same
ownership, such lots shall be considered to be an undivided parcel for the purposes of this
Article.
c. The existence of a roadway dividing a parcel of land shall not determine whether the parcel
is considered to be two separate lots. Each portion of the parcel must have a separate legal
identity in order for the parcel to be considered two separate lots.
d. All new dwellings built upon nonconforming lots of record shall be placed upon such lots
in accordance with the following requirements when adjacent buildings have existed and
have been listed on the tax rolls before July 17, 1974:
1.
In subdivisions where dwellings have been placed on two (2) lots, the new dwellings
can be built on the two (2) or more lots. Similarly, where dwellings have been placed
on single lots, the new dwellings can be placed on single lots.
New dwellings shall be placed so as to conform to the front setbacks of existing
dwellings on the same street.
The side setbacks for new dwellings shall be ten percent (10%) of the width of the
lot, except that no such side setbacks shall be less than five feet (5').
For pie-shaped lots, the side setbacks shall be ten percent ( 10%) of the figure reached
by adding the width of the front and back of lot together and dividing by two (2),
except that no such side setback shall be less than five feet (5').
2.
3.
4.
21-71.05 - Non-Conforming Mobile Home Parks
There exists within the City of Edgewater, Florida, non-conforming mobile home parks, formerly
zoned MH-S.
I-- The non-conforming mobile home parks now existing within the City of Edgewater, Florida, to wit:
Anchor Garage Trailers, Blue Gables Trailer Park, Carter's Trailer Park, Edgewater Mobile Home
Park, Friendly Shores, Pyramid Mobile Park, Riverview Pines and Wolfe's Driftwood Village, shall
be hereafter classified as being with the MH-l zoning classification and shall comply with the
following provisions:
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a.
The mobile home parks as set forth above shall hereafter be allowed to operate in their
present number of mobile home spaces and all permanent structures now located in the
respective mobile home parks.
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b. In the event that any of the mobile home parks as set forth above shall desire to expand the
use of said parks, the owners of said parks shall be required to conform to all of the
requirements regulating mobile home parks within the City of Edgewater, Florida, at the time
of the proposed expansion for the use.
c.
Minimum setbacks for nonconforming mobile home parks shall be consistent with the
requirements of the State Fire Code..
Nc~ 01 Icplaccl1lcnt (lIobikllOllICS ilI cxi5tillg 1101lCOllf'OlllIillg 11I0bikl.OIIIC palb sllall nleet
tllC f'OlIo w illg sctbacks. No sctback CIICI oaelII lIcnt sl.all bc pCI llIitt(.d f'Ol aCCCSSOl y StlUCtUl CS
SUell as SCICCII 10011IS, pOlcllcs, C(UpOltS, sllcds 01 otllCl inlplov(.llIcnts attaellcd to tllClllobilc.
home:-
FlOat a/lJ .)iJ~ COII1~J. Twcnty fc.ct flOlll tllC edgc of stleet pavclilclIt.
Side. TCll feet flOlll adjacellt lI'lObik lJOlllCS, accessOl y stmGttll (,5, alId pal k PWPCI ty lillCS.
Real. Piftccn fc,(.t f10m adjacent 11I0bik !I0111CS alld accu;sol Y stmcttll CS. ACCCSSOl Y
StltlCtUlCS s!lall lllailltaill a tCll-f'Oot sctback fWlll adjacclIt (lIobik !IOllICS, aCCCSSOly
stmctuI('s, and pal k PWPCl ty lincs.
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SECTION 21-72 - VARIANCES
21-72.01 - Purpose
The Purpose of this Section is to provide a mechanism for authorizing variances from the provisions
of this Article. Variances are intended to provide relief, not contrary to the public interest, in those
circumstances where as the result of special conditions pertaining to the parcel under consideration
the literal enforcement of this Article will result in unnecessary hardship to the applicant. No
variances shall be granted that are in conflict with the State Fire Code.
21-72.02 - Initiation
A written application for a variance shall be initiated by the owner, the owner's designated agent or
any person having contractual interest in the property for which relief is sought.
21-72.03 - Application Procedures
~ The Planning and Zoning Board (hereinafter P&Z) shall have authority to grant variances from the
area, setback, frontage, height, bulk or intensity requirements of this Article in accordance with the
standards and procedures set forth in this Section.
a. An application for a variance shall be filed with the Planning Department accompanied by
a non-refundable fee as established by resolution of the City Council. The application shall
Rev. 9/0 I (PoliciesProcedures/LandDevelopmenICode) VII-4
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3.
4.
5.
6.
be in such form and shall contain such information and documentation as shall be prescribed
from time to time by the Director, but shall contain at least the following:
Applicant's name, address and telephone number.
A copy of the most recent deed recorded in the Public Records of V olusia County for
the property under consideration.
A recent survey reflecting all improvements and conditions of the property.
A description of the variance sought and the section of this Article from which a
variance is requested.
The purpose for the requested variance and a statement of the intended development
of the property if the variance is granted.
Statements addressing each of the standards for granting variances set forth in
Section 21-72.04.
b. Within five (5) working days after receipt of an application, the Director shall determine
whether the application is complete. If the Director determines that the application is not
complete, they shall inform the applicant in writing of the application's deficiencies. No
further action shall be taken on the application unless the deficiencies are remedied.
c. Within thirty (30) working days after the Director determines an application is complete, it
shall be reviewed and a recommendation shall be submitted to the P&Z.
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d.
Upon notification that an application for a variance is complete, the P&Z shall place the
application on the agenda of the next available regular meeting for a public hearing. In
reviewing the application for variance approval, the P&Z shall consider the standards set
forth below, the applicant's statements addressing each of the standards and the
recommendation of the Director.
e. Within a IGMOnablc. tiluG ten (10) days after the hearing, the P&Z shall issue its written
decision, approving, approving with conditions, or denying the variance.
21-72.04 - Standards for Granting Variances
The P&Z shall not grant a variance unless the applicant presents competent substantial evidence to
demonstrate that att-of the following criteria are met. Upon the completion of the hearing, the P&Z
shall make specific findings of fact based directly upon the particular evidence presented supporting
written conclusions that:
a.
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The variance requested arises from a condition that is unique and peculiar to the land,
structures and buildings involved and is a condition that is not ordinarily found in the same
zoning district.
b. Strict compliance with area, setback, frontage, height, bulk, and/or intensity requirements
would result in unnecessary hardship for the applicant as distinguished from restrictions
imposed by this Article on all other property in the same zoning district.
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c. The condition is not the result of the actions of the applicant or the property owner.
d. Granting of the variance will not create unsafe conditions nor other detriments to the
surrounding properties or public welfare.
e.
The variance granted is the minimum variance that will make possible the reasonable use of
the land or structures.
f. The variance desired will not be opposed to the general spirit and intent of this Article and
the City of Edgewater Comprehensive Plan.
21-72.05 - Limitations on Granting Variances
Variances shall not be granted that would:
a. Permit the use of land or a structure contrary to the use provisions of tk ZOIlilIg 01 dinallcc
this Land Development Code.
b. No variance shall be valid for a period longer than twelve (12) months unless a building
permit is issued.
21-72.06 - Appeals from the Planning and Zoning Board
a. Any person aggrieved by a decision of the P&Z may appeal such decision to the City Council
by filing a written request with the City Manager within thirty (30) days after the rendition
of the decision by the P&Z. Such request shall be accompanied by a non-refundable fee as
established by resolution of the City Council.
b. The request shall be placed on the agenda of a regularly scheduled meeting for a public
hearing. Such appeal shall be a hearing de novo.
c.
The City Council shall not grant a variance unless the applicant presents competent
substantial evidence to demonstrate that all of the standards set forth in Section 21.72.04 are
met:-DUli,1S the. Ilcaring, the City Council "hall eOlisidel tile dccisioll of tIle r&Z, tIle
statelllcnts of tIle applicallt addl e5siIIg tIle standal ds and the 1 eCOllll1lClldatioll of tIle Oil eetol.
d. Within ten (10) days after the hearing, the City Council shall issue its written decision
approving, approving with conditions, or denying the variance.
Sections 21-73 through 21-79 reserved for future use.
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ARTICLE VIII
ADMINISTRA TION
SECTION 21-80 - PURPOSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-I
SECTION 21-81 - CITY COUNCIL
21-81.01 - Authority Relative to TIli~ Code ............................... VIIl-l
SECTION 21-82 - CITY MANAGER ........................................ VIll-2
SECTION 21-83 - CITY ATTORNEY ....................................... VIII-2
SECTION 21-84 - TECHNICAL REVIEW COMMITTEE
21-84.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIll-3
21-84.02 - Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIIl-3
21-84.03 - Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIIl-3
21-84.04 - Powers & Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIIl-3
SECTION 21-85 - PLANNING & ZONING BOARD
21-85.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIll-3
21-85.02 - Membership ............................................... VIIl-3
21-85.03 - Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIIl-4
21-85.04 - Powers & Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIll-4
SECTION 21-86 - CODE ENFORCEMENT BOARD
21-86.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-5
21-86.02 - Membership ............................................... VIIl-5
21-86.03 - Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIIl-6
21-86.04 - Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIIl-6
21-86.05 - Powers ... _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIIl-7
21-86.06 - Procedures ................................................ VIIl-7
SECTION 21-87 - CONSTRUCTION REGULATION BOARD
21-87.01 - Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIIl-7
21-87.02 - Membership ............................................... VIII-8
21-87.03 - Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-9
21-87.04 - Powers & Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . VIll-9
21-87.05 - Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-I 0
Sections 21-88 through 21-89 reserved for future use.
Article VIIl
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Rev. 9/0 I (PolicesProcedures/LandDevelopmentCode)
ARTICLE VIII
ADMINISTRA TION
'-> SECTION 21-80 - PURPOSE
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g.
h.
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The purpose of this Article is to identify the pi illcipat roles of City CounciL City staff and advisory
bodic.'; ill vol vcd ilI boards that are responsible for the administration and integration of this Land
Development Code. SillCG tllG 0 vGl all objGeti vG of tllG Lalld DGvcloplllCllt Code i.'; to illtegJ atc tllc
adJlIlni.stlativc lcsponsibilitic.'; witll the lGgulatOly Jequilclllcnts, it is IlcccssalY to leautholiz:c tJ.c
City staff and advisol)' bodics to CIISUlC theil authOlit)' alId dutie.'; ale eleady establisJ.cd witllill
CllaptGl 21 of tllc City Code.
SECTION 21-81 - CITY COUNCIL
21-81.01 - Authority Relatin To Thi~ Code
The City Council's authority and duties relative to Chapter 21, the Land Development Code are as
follows:
a.
To initiate, reVIew and adopt amendments to the Comprehensive Plan of the City of
Edgewater.
b. To initiate, review and adopt amendments and hear appeals to this Land Development Code.
c. To initiate, review and adopt amendments to the Official Zoning Map.
d. To review and grant or ldeny applications for subdivision plats.
e. To hear and dGcidG grant/den v appeals of a decision of the Planning and Zoning Board
regarding conditional uses.
f. To hear and dGeidG grant/deny appeals of a decision of the Planning and Zoning Board
regarding variances.
To review and grant or [deny applications for zoning and development agreements.
To review and grant or [deny applications for annexation.
To review and grant or ldeny applications for right-of-way abandonment. easements, and plat
and street vacation~.
To review and grant or ldeny applications for mining permits.
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k. To hear and decide grant/deny appeals of a decision of the Construction Regulation Board
regarding contractor discipline.
I.
To hear and decide grant/deIlY appeals of a decision of the Construction Regulation Board
regarding a decision of the Building Official or Fire Chief.
m. To review and grant/deny applications for site plans for buildings of 25.000 square feet or
larger.
!l:. To review and grant/deny applications for designation of landmarks/sites and historic
districts.
o. To review and grant/den v applications for telecommunication towers.
p. To establish by resolution a schedule of fees to cover the costs of technical and
administrative activities required by this Code.
SECTION 21-82 - CITY MANAGER
For the purposes of this Code, the City Manager shall direct and supervise the administration Uand
enforcement of this code.
SECTION 21-83 - CITY ATTORNEY
For the purposes of this Code, the City Attorney's 01 designated AttOl iIC,y' s duties shall include the
following:
a. Provision of professional advice and support to the City Council.
b. Provision of professional advice and support to the Planning and Zoning Board.
c. Provision of advice to the Code Enforcement Board regarding applicable law and procedures,
but shall not preser.t c~ses to the Code Enforcement Board. The City Council may select an
attorney as the Citizen Code Enforcement Board attorney.
d. Applovc any SUbPOCII<l, filldings of fact, cOllcIusiollS of law 01 Oldcl as to fOlll1 and kgality
bcfolc it bCCOIIICS filial
Rev. 9/01 (PolicesProcedures/LandDevelopmentCode) VIII-2
SECTION 21-84 - TECHNICAL REVIEW COMMITTEE (TRC)
21-84.01 - Purpose
U There is hereby established a n-111tclllal City staff Technical Review Committee to provide technical
review and comment regarding various permit applications described in this Al tick Land
Development Code.
21-84.02 - Membership
At a minimum, the members of TRC shall include the Planning Department Director, the City
Engineer, the Department of Environmental Services Director, the Building Department Director,
Path al1d RGctGatiol1 DilcctOI, the Fire Chief and the City Manager's Office. The TRC may include
other City staff as may be necessary for a given issue or project.
21-84.03 - Meetings
The TRC shall meet as necessary, provided that ample public notice is given to the members and
applicants. TRC meetings are subject to "Sunshine Laws".
21-84.04 - Powers & Duties
o
a.
The TRC members shall provide written comments regarding the technical aspects of
annexations, proposed plan amendments, rezonings, subdivision ~ plats, planned unit
developments, ab,uldol1n1GIlt5, site plans, conditional use permits, vaIial1ccs, mining permits,
and development and zoning agreements.
b. The TRC shall have final authority to approve, modify and/or deny, site plans involving
projects with less than 25,000 square feet of gross floor area.
SECTION 21-85 - PLANNING & ZONING BOARD (P&Z)
21-85.01 - Purpose .
The purpose of the Planning & Zoning Board is to provide review and recommendations regarding
various planning matters to the City Council and to act as the City's Local Planning Agency pursuant
to the requirements of Chapter 163, Part II, FS.
21-85.02 - Membership
Q
a.
Members shall be residents appointed to staggered three (3) year terms. The members serve
without compensation, but may receive llGCGSSaly reimbursement for expenses for City
Rev. 9/01 (PolicesProcedureslLandDevelopmentCode) VIII-3
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business. No City employee may be appointed to the P&Z. The City Council shall appoint
seven (7) members.
b.
Members shall not appear for, nor represent, any other person than himself at the P&Z
meetings for twelve (12) months after his/her departure.
c. The P&Z, and its members, are subject to the requirements of the Public Records Law (Ch.
119, FS and the Sunshine Law (Ch. 286, FS).
21-85.03 - Meetings
a. The Planning and Zoning Board shall meet once a month, if there is sufficient business to
warrant a meeting. The P&Z chairman may call other meetings as necessary, provided that
no less than twenty-four (24) hours notice is given to the members and applicants.
b. The P&Z shall establish by-laws for conducting their meetings.
21-85.04 - Powers & Duties
The Planning and Zoning Board shall:
a.
Be the designated Local Planning Agency for the City pursuant to the requirements of
Chapter 163.3174, FS and as such shall:
1. Be the responsible agency to prc-parc-, amc.nd, ahd iIllpkIllc.nt initiate amendments to
the City's Comprehensive Plan and recommend such to the City Council;
2. Review all proposed amendments to the City's Land Development Code and make
recommendations to the City Council as to the consistency of the proposed
amendments to the Comprehensive Plan;
3. Monitor the effectiveness of the Comprehensive Plan by the formal periodic
evaluation process described in Chapter 163.3] 9], FS and its implementing rules.
b. Provide comments and recommendations to the City Council regarding proposed
subdivisions and plats;
c. Have final authority to approve, modify and/or deny proposed conditional use permits, unless
appealed to the City Council;
d.
Provide comments and recommendations to the City Council regarding proposed
development agreements;
e. Provide comments and recommendations to the City Council regarding proposed
annexations;
Rev. 9/01 (PolicesProcedures/LandDevelopmentCode) VIII-4
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f. Provide comments and recommendations to the City Council regarding proposed rezonings;
and
g.
SECTION 21-86 - CODE ENFORCEMENT BOARD (CEB)
21-86.01 - Purpose
Pursuant to the requirements of Chapter 162.02,FS, there is hereby established a Code Enforcement
Board whose principal function is to be a n admil1i5tlati vC body for the review of alleged violations
to the City's Code of Ordinances in general, and this Land Development Code in particular. The
CEB shall be responsible to enforce the Code of Ordinances through the use of administrative fines
and/or other non-criminal penalties available to the City under general law.
21-86.02 - Membership
a.
The CEB shall consist of seven (7) members appointed by the City Council. A member
shall have been a legal resident of the City for at least twelve (12) months prior to the
appointment.
b. Members shall be appointed to three (3) year terms after the initial appointments to the Board
as follows:
1. Two (2) members appointed for a one (1) year term
2. Three (3) members appointed for a two (2) year term
3. Two (2) members appointed for a three (3) year term
c. Neither a member, nor a member's spouse, shall be a member of any City advisory body, or
a City quasi-judicial body. No member, or member's spouse, shall be a City employee.
d. __All members shall serve without compensation, but may receive IKCC55i1!y CXpCIISCS
reimbursement while on official business of the Board.
e.
Any member of the Board may be removed for cause by the City Council at any time~
providcd tllat bcf-o!c 5uch ICllloval, tllc melllbcl sll.1ll bc Plovidcd \lVitll \lVliUCh cll<1lgcs and
is .1ff-oldcd a public oppolttlnity to plovidc a dcfcl1sG.
f. No member of the Board shall bring forward any code enforcement cases. No member of
the Board shall vote on any matter that would inure to a special private gain; or of any
Rev. 9/01 (PolicesProcedures/LandDevelopmentCode) VIII - 5
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a.
b.
c.
d.
e.
Q f.
g.
principal by which the member is employed, or retained, or to the parent organization, or
subsidiary of a corporate principal by which the member is retained; or that would inure to
the special private gain of a relative, or business associate.
g.
Members shall not appear for, nor represent, any other person than himself at the meetings
before the Board for twelve (12) months after hislher departure.
h. The CEB, and its members, shall be subject to the requirements of the Public Records Law
(Ch. 119, FS) and the Sunshine Law (Ch. 286, FS).
21-86.03 - Meetings
a. The Code Enforcement Board shall establish by-laws for conducting their meetings. The
Chairman may call other meetings as necessary, provided that no less than ten (10) days
notice is given to the members and applicants. Special meetings may be called with a written
notice signed by three (3) members with at least forty-eight (48) hours notice.
b. Pursuant to the requirements of Chapter 162.05 (f) (4), FS, no business shall be transacted
by the Board unless a quorum of four (4) members is present.
c. An affirmative vote of the majority ofthe quorum is required for any decision by the Board.
d.
The members are subject to the requirements of the Public Records Law (Chapter 119, FS)
and the Sunshine Law (Chapter 286, FS).
21-86.04 - Jurisdiction
The Code Enforcement Board shall have the jurisdiction and authority to hear and decide alleged
violations of the following City Code of Ordinances, including, but not limited to, the following:
All areas of jurisdiction set forth in Chapters 162, 489 and 553, FS.
Chapter 7, Article IX - Swimming Pools
Chapter LO,_Article II - Noise
Chapter 10, Article III - Cleanliness and Sanitation of Premises
Chapter 10, Article IV - Sewage Disposal
CI.aptCl 10, A/tick V Weed!> al.d Gla!>!> (moved to Land Development Code)
Chapter 11 - Occupational Licenses
Rev. 9/01 (PolicesProcedures/LandDevelopmenICode) VIII-6
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a.
b.
c.
d.
0 e.
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h. Chapter 12, Article II - Garage Sales
I.
Chapter 12, Article III - Alarm Systems
J. Chapter 15 - Streets and Sidewalks
k. Chapter 21 - Land Development Code
21-86.05 - Powers
The Code Enforcement Board shall have the following powers:
Subpoena alleged violators and witnesses to its hearings.
Subpoenas shall be served by the Edgewater Police Department.
Subpoena evidence to its hearings.
Take testimony under oath.
Issue orders having the force of law to compel an adjudicated violator to comply.
Section 21-86.06 - Procedures
a. The CEB shall adopt rules of procedure that guarantee fundamental fairness, procedural due
process and substantive due process for all parties within ninety (90) days of adoption of this
Code.
b. The City shall provide each alleged offender with a Notice of Hearing not less than fourteen
(14) days prior to the CEB meeting at which the matter will be considered.
c. Upon issuance of a Notice of Hearing, ex parte communication for the CEB is effective and
no further contact with the alleged offender is permitted outside of the CEB hearing.
d. A more detailed discussion of the hearing process and procedures is found in Article X.
SECTION 21-87 - CONSTRUCTION REGULATION BOARD (CRB)
21-87.01 - Purpose
The purpose of the Construction Regulation Board is to provide reviews and recommendations to
the City Council on building and construction related matters.
Rev. 9/01 (PolicesProcedures/LandDevelopmentCode) VIII-7
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21-87.02 - Membership
a.
The CRB shall be composed of seven (7) members appointed by the City Council. Five (5)
members shall be representative of the following: Florida licensed general contractor, Florida
licensed architect or structural engineer, Florida licensed property or casualty agent, Florida
certified fire inspector or firefighter, and a citizen at large. The remaining two (2) members
shall be chosen from the following Florida licensed contractors: electrical, plumbing, and air
conditioning. The architect shall be other than a landscape architect. No city employee shall
be a member of the CRB.
b. Each member of the CRB shall be a resident of the City unless no qualified resident
candidate applies.
c. Members of the CRE shall be appointed for a term of three (3) years without compensation
but may receive travel and other necessary expenses while on official business of the CRB.
Due to the need to stagger terms to guarantee continuity on the CRE, the initial appointments
shall be as follows: Three (3) members shall be appointed for one (I) year, two (2) members
shall be appointed for two (2) years, and two (2) members shall be appointed for three (3)
years.
d.
If a member of the CRE is absent for three (3) consecutive regular meetings or twenty five
percent (25%) or more of all meetings held during any calendar year, said member shall
forfeit the office. The City Council shall fill the office for the remainder of the unexpired
term.
e. A member of the CRE may be removed for cause by the City Council at any time, pi" v idcd
II"wcvGr, dlat bdorG ~mGh rGnloval the. nlGInbc.r 51lall be. pr"vidGd witll t'VtittGII Gharge.5 ahd
i5 aff'OIdc.d a publiG opportunity to plovidG a dc.fC.h5G.
f. No member of the CRE shall vote upon any matter which would inure to his special private
gain; or of any principal to which he is retained or to the parent organization or subsidiary
of a corporate principal by which he is retained: or which would inure to the special private
gain of a relative or business associate.
g. No member of the CRB shall appear for or represent any person in any matter before the
CRB other than himself.
h. No past member of the CRB shall appear before the CRB except when representing
himself/herself for a period of twelve (12) calendar months after his service has ended.
1.
The CRB shall elect a Chairman and Vice-Chairman from among its members at the first
regular meeting in January each year to serve a term of one (I) year. The officers shall be
eligible for reelection.
Rev. 9/01 (PoliccsProcedurcs/LandDevelopmcntCodc) VIII-8
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J. The Chairman shall preside at all meetings and hearings of the CRB and appoint any
committees that are deemed necessary.
k.
In the absence of the Chairman, the Vice-Chairman shall preside at all the meetings and
hearings of the CRB.
I. The members of the CRB may select an additional person who shall preside over meetings
in the absence of the Chairman and Vice Chairman.
m. The Secretary, provided by the City, shall keep minutes of the proceedings of the CRB.
21-87.03 - Meetings
a. The CRB shall adopt by-laws for conducting their meetings.
b. Special meetings of the CRB may be called by the Chairman, Building Official or Fire
Official if at least forty-eight (48) hours notice is given to each member of the CRB. In case
of extenuating circumstances, the Chairman may call an emergency meeting if at least
twenty-four (24) hours notice is given to each member.
c.
The CRB may continue a regular meeting if all business cannot be completed on that day.
The date and time of the meeting's resumption shall be started by the presiding officer at the
time of continuance.
d. In the event that less than a quorum is present at any proceeding of the CRB, the proceeding
shall be rescheduled within a reasonable period of time. The Secretary shall notify all parties
and such other interested persons as may be designated of the time, place and date of the
rescheduled proceeding.
21-87.04 - Powers & Duties
a. To review the building, fire, and other related technical codes and policies.
b. To hear appeals of a decision or action of the Building Official or Fire Chief regarding the
adopted-tech nical-codes.
c. To provide recommendations to the City Council on building and construction related
matters.
d.
To exercise disciplinary control and oversight over locally licensed contractors.
Rev. 9/01 (PoliccsProccdurcslLandDevclopmentCode) VIII-9
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e. To adopt rules of procedure not inconsistent with the provisions of this Article and approved
as to legal form and correctness by the City Attorney.
21-87.05 - Appeals
a. The purpose of this section is to set forth an appeals process regarding interpretations,
enforcement, decisions or actions by the Building Official or the Fire Chief.
b. The CRB is deemed to be competent to sit in judgement on matters concerning the
interpretation of the standard building codes and the NFP A Life Safety and Fire Prevention
Codes and its' enforcement.
c. The CRB shall.provide for reasonable interpretation of the provisions of the codes and rule
on appeals from decisions of the department having jurisdiction.
d. Application for appeals shall be submitted to the Building Department along with a non-
refundable fee as established by the City. The application shall state the code provisions
from which relief is sought and the remedy proposed.
e. Any person shall be permitted to appeal a decision by the Building Official or the Fire Chief
when it is claimed anyone or more of the following conditions exist.
1.
2.
3.
The true intent of the codes or ordinances described are interpreted incorrectly.
The provisions of the code or ordinance do not fully apply.
A decision is unreasonable or arbitrary as it applies to alternatives or new materials.
f. Any person shall be permitted to appeal a decision by the Building Official or the Fire Chief
when anyone or more of the following decisions have been reached.
I. The refusal to issue a building permit.
2. Refusal to approve a project on interim or final inspection.
3. Refusal to issue a e.O.
4. Issuance of a stop work order.
5. A decision that a project is subject to and must conform to one or more technical
codes and must be authorized by a building permit.
6. Revocation of a building permit, e.O. or use
g. Any person aggrieved by a decision of the CRB shall appeal such decision to Circuit Court.
Sections 21-88 through 21-89 reserved for future use.
Rev. 9/01 (PolicesProcedures/LandDevelopmentCode) VIII-IO
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AGENDA REQUEST
Date: September 25, 200 I
o
PUBLIC
HEARING
RESOLUTION
OTHER
BUSINESS
X ORDINANCE
CONSENT
CORRESPONDENCE
ITEM DESCRIPTION/SUBJECT:
2001-R- 21 A resolution to encourage and support the County of Vol usia and surrounding
municipalities towards the adopt!on of a countywide container law ("Bottle Law").
BACKGROUND:
The Southeast Volusia Chamber of Commerce is asking us to adopt a resolution to support a
bottle law. The resolution supports the County of Vol usia in adopting a countywide container
law that would place a ten cent deposit on all beverage containers- (to include water, beer, ale,
malt, soft drinks, wine coolers and mixed alcohol beverage containers) in order to reduce litter.
The Edgewater Litter Prevention Committee has been instrumental in bringing forth the need
o for this worthwhile cause. This resolution is a direct result of the efforts.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 2001-R-21.
ACTION REOUIRED
Motion to approve of Resolution No. 2001-R-21.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(Specify ifbudget amendment is required)
PREVIOUS AGENDA ITEM
YES
NO x
Date:
AGENDA ITEM NO.
o
Respectfully submitted,
J~~-"~
Susan J. Widsworth, CMC
City Clerk
Concurrence:
\ \ ~---::; .
\l".~.,~)( \\".::J'", \. \t-
Kenneth R. Hooper \ ~)
City Manager .
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RESOLUTION NO. 2001-R-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA, TO ENCOURAGE AND SUPPORT
THE COUNTY OF VOLUSIA AND SURROUNDING
MUNICIPALITIES TOWARDS THE ADOPTION OF A
COUNTYWIDE CONTAINER LA W ("BOTTLE LAW") IN AN
EFFORT TO REDUCE LITTERING AND/OR WASTE AND
TO INCREASE RECYCLING EFFORTS AND CONSERVE
ENERGY; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR THE CITY CLERK TO
FORWARD COPIES TO THE COUNTY OF VOLUSIA AND
SURROUNDING MUNICIPALITIES AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater has observed the continued increase of beverage
container litter placed along our roadsides; and
WHEREAS, the City would like to prevent excessive damage to our environment and
quality oflife as a result ofthe continued beverage container litter being placed and/or found within
our cities; and
WHEREAS, states that currently participate Bottle Bill states have reported a reduction in
beverage container litter from 30 to 47 percent after implementation of a Container Law; and
WHEREAS, deposit systems or Bottle Bills in no way conflict with curbside recycling
programs, but rather enhance them. Bottle Bills shift the costs oflitter cleanup, recycling and waste
disposal from the government and taxpayers to producers and consumers of beverage containers; and
WHEREAS, the City would like join the Southeast V olusia Chamber of Commerce in an
effort to encourage and support the County of Vol usia and surrounding municipalities towards the
adoption of a county wide Container Law ("Bottle Law") in an effort to reduce littering and/or waste
and to increase recycling efforts and conserve energy.
2001-R-21
1
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NOW, THEREFORE, be it resolved by the City Council ofthe City ofEdgewater, Florida:
Section 1.
The City of Edge water hereby offers our support to work with, encourage and
Q support the County ofY olusia and all surrounding municipalities towards the adoption of a county
wide Container Law ("Bottle Law") in an effort to reduce littering and/or waste and to increase
recycling efforts and conserve energy by placing a ten cent deposit on all beverage containers (that
would include: water, beer, ale, malt, soft drinks, wine coolers and mixed alcohol beverage
containers).
Section 2.
In an effort of additional support, the City Clerk is hereby authorized and
directed to forward a copy ofthis resolution to the Southeast Chamber of Commerce, the County of
Y olusia and all surrounding municipalities.
Section 3.
All resolutions or parts of resolutions in conflict herewith be and same are
o
hereby repealed.
Section 4.
This resolution shall take effect upon adoption.
After Motion by
and Second by
the vote on this resolution was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Yincenzi
o
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2001-R-21
2
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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
2001-R-21
day of November, 2001.
CITY COUNCIL OF THE
CITY OF EDGEWATER, 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 , 2001 under
Agenda Item No.
3
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AGENDA REQUEST
Date: September 25, 200 1
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
CONSENT X
OTHER
BUSINESS
CORRESPONDENCE
ITEM DESCRIPTION:
Re-appointment of Michael Visconti to Recreation/Cultural Services Board.
BACKGROUND:
Mr. Visconti's term on the Recreation/Cultural Services Board expired on March 1,2001. He
has expressed his desire to be re-appointed to the Board.
STAFF RECOMMENDATION:
Re-appoint Mr. Visconti to the Recreation/Cultural Services Board.
ACTION REQUESTED:
Re-appoint Mr. Visconti to the Recreation/Cultural Services Board for a 3 year term, to end on
March 1, 2004.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~ :J~')aQQ,
Recreation/Cultural Services Board
Secretary
~/v+
Robin M.!tusick
Kenne~Aooper
City Manager
"".
)
City of Edgewater
Parks, Recreation! Maintenance Dept.
P.O. Box 100 Edgewater, Fl. 32132-0100
(904) 424-2485 Fax (904) 424-2416
DATE:
September 7, 2001
TO:
Michael Visconti
~
Barb Kowall, Secretary ~
FROM:
SUBJ:
Re-appointment to Board
Your term expired in March, therefore we need to present your name to Council for re-
appointment.
Q
If you wish to be re-appointed to the Recreation/Cultural Services Board for another
term, please bring a short letter stating you would like be re-appointed to the Board to the
meeting on next Thursday.
Thanks.
/.e4- ..j ~cf ~
to ~ a,~/~J ~~~
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AGENDA REQUEST
Date: September 24. 2001
PUBLIC
HEARING RESOLUTIONS
--
ORDINANCE
CONSENT
OTHER
BUSINESS
x
CORRESPONDENCE
ITEM DESCRIPTION:
Land clearing and grubbing of Hawks Park Ballfield Complex.
BACKGROUND:
Phase II of the Master Plan for development of Hawks Park Recreation Complex includes the
construction of a ballfield complex. The first step for construction is the clearing and grubbing
of approximately 10 acres of land located south of the YMCA. The City has obtained 2 grants
from FRDAP for $262,500.00 to develop these fields. This is a budgeted project.
STAFF RECOMMENDATION:
Staff recommends that City Council accept the low bid from Yancey's Land Clearing, Inc. for
the sum of$38,642.50.
ACTION REQUESTED:
Motion to accept the bid of$38,642.50 from Yancey's Land Clearing, Inc. and authorize the City
Manager to execute and sign the Contract Documents between the City of Edge water and
Yancey's Land Clearing, Inc.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
~
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~/~ tl~
/pepartment Director
/ "
-----"
\ <----.J .
~0rr-n ~~eJ
Robin Matusick ")
~~~
Kenneth R. Hooper
City Manager
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THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
CITY OF,EDGEWATER
BID' OPENING, ' ,
SEPT'EMBER:;24, 200 i
2:00 P.M~ ',"
CLEARING AND GRUBBINGOF'HAWKS PARK'
. . '. .~.
BALLFIELD COMPLEX..
BID #01-PR-01::-,','
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BID TABULATION' SHEET: .
. ',. . '. .~....~.::~.~.':",<..'; .
Bidder
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ABC Land~learirH:(, &, Development: ':', .
Yancey's LciridClearinq Inc
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AGREEMENT FOR
CLEARING & GRUBBING OF
HA WKS PARK BALLFIELD COMPLEX
fQ)WJ~[Fr
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THIS AGREEMENT, made this
day of
,2001, by and
between the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, (hereafter called the
"City"), and
, (hereafter called the "Contractor").
In consideration of the mutual covenants hereinafter set forth, Owner and Contractor agree
as follows:
1. PURPOSE. Contractor agrees with the City, for the consideration set forth herein
at his, its or their own proper cost and expense to do all the work and furnish all materials,
equipment, supplies, and labor necessary to carry out this Agreement in the manner and to the full
Q extent as set forth in the accompanying specifications and addenda if any, and under security as set
forth in the attached contract guarantee, and to the satisfaction of the duly authorized representatives
of the City, who shall have at all times full opportunity to inspect the materials to be furnished and
the work to be done under this Agreement.
2. GENERAL DESCRIPTION OF WORK. It is agreed that the work to be done
under this Agreement is:
The Work consists of clearing and grubbing within areas reflected on
the site plans. Contractor will remove and dispose of all trees,
stumps, roots and other such protruding objects as necessary to
prepare the subject area for proposed construction and landscaping.
o
Contractor shall provide professional services pursuant to this
Agreement and perform services as listed in the attached Scope of
Work (attached hereto and incorporated herein as Attachment "A").
3.
PROJECT MANAGER. The Project Manager for the City is Jack Corder, Parks
(Bids/ Agrccl11clll-HawksParkBallfieldComplcx) A-1
and Recreation Director at (386)424-2485. The Project Manager for the Contractor is
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a t
The parties shall direct all matters arising in connection with the performance of this
Agreement, other than as specifically set forth herein, to the attention of the Project Manager for
attempted resolution or action. The Project Manager shall be responsible for overall resolution or
action. The Project Manager shall be responsible for overall coordination and oversight relating to
the performance of this Agreement.
4. CONTRACT DOCUMENTS. The Contract Documents which compromise the
entire Agreement between the City and the Contractor consist of the following and are attached
Q
hereto and incorporated by reference:
A.
B.
C.
D.
E.
0 5.
This Agreement pages A-I thru A-14
Attachments consisting of the following:
Invitation to Bid. page !NV -1
Addendum Number 1
Addendum Number 2
Instructions to Bidders. pages I-I thru 1-5
Bid Specifications. pages S-1 thru S-21
Bid Form. pages BF-l thru BF-22
Bid Bond. AlA Document A31 O. BB-l thru BB-2
Labor & Material Payment Bond. pages BF -10 thru BF -12
Performance and Payment Guarantee. which shall be delivered to the City by the
Contractor. along with the return of the executed Agreement.
Insurance Certificates. which shall be provided by the Contractor. along with the
return of the executed Agreement.
Any Modifications. including change orders. duly delivered after execution of this
Agreement.
PERFORMANCE WARRANTY AND GUARANTEE. Contractor warrants and
guarantees to City that all Work will be in accordance with the Contract Documents and will not be
(B ids/ Agreement- H awksParkBal1 fieldComplex)
A-2
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defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether
or not in place, may be rejected, corrected or accepted as provided herein.
6
DEFECTIVE WORK.
A. If Work is defective, or Contractor fails to supply sufficient skilled workers or
suitable materials or equipment, or fails to furnish or perform the Work in such a way that the
completed Work will conform to the Contract Documents, City may order Contractor to stop the.
Work, or any portion thereof, until the cause for such order has been eliminated however, this right
of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for
the benefit of Contractor or any other party.
B. Ifrequired by City, Contractor, shall promptly, as directed, either correct all defective
Work, or, if the Work has been rejected by City, remove it from the site and replace it with non-
defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction
or removal (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) made necessary thereby.
C If, instead of requiring correction or removal and replacement of defective Work, City
prefers to accept it, City may do so. Contractor shall bear all direct, indirect and consequential costs
attributable to City's evaluation of and determination to accept such defective Work. If any such
acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work and City shall be entitled to an
appropriate decrease in the Contract Price.
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TIME OF PERFORMANCE.
The contract time will commence on the date
specified in the written notice to proceed. The work shall be complete and ready for final payment
(B ids! Agreement-HawksParkBallfieldComplex) A - 3
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within ninety (90) days from the date the contract time commences. The work shall be conducted
in such a manner and with sufficient labor, materials, tools and equipment necessary to complete the
work within the time limit set forth herein. Should the organization of the Contractor, or its
management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do
the work specified within the stated time, then the City shall have the right to take charge of the work
and finish it and provide the labor, materials and equipment necessary to complete the work as
planned within the required time and to charge the cost of all such work against the Contractor and
his, or its Surety shall be held responsible therefore.
9.
DELAY DAMAGES.
It is mutually agreed between the parties hereto that
time is of the essence in this Contract, and in the event the construction of the work is not completed
within the time specified, it is agreed that from the compensation otherwise to be paid to the
Contractor, the City may retain the amount of per
calendar day for each day thereafter, that the work remains uncompleted, which sum shall represent
the actual damages which the City will have sustained per calendar day by failure of the Contractor
to complete the work within the time stipulated, and this sum is not a penalty, being the liquidated
damages the City will have sustained in event of such default by the Contractor.
9. CONTRACT PAYMENT. The City shall pay the Contractor for the performance
of this Agreement and completion of the project in accordance with the Contract Documents, subject
to adjustment by change order, the total amount of:
10. PAYMENT SCHEDULE. The City shall make payments on the Agreement as
follows:
(B ids/ A greement- HawksParkBall fieldComplex)
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Progress payments may be made during the construction process pursuant to the requirements
contained in Section 2.4 (Payment/Inspection Prior to Payment Damages). Contractor shall submit
a payment application sufficient for audit purposes to the City's Project Manager for approval.
Upon the completion of the Agreement the Contractor shall provide the City's Project
Manager with written notice that the work is ready for final inspection and acceptance. After written
notice by the Contractor, the City's Project Manager shall inspect the work to determine whether the
work is acceptable under the Agreement and that the Agreement has been fully performed. Upon
completion of the Agreement the Contractor shall submit evidence satisfactory to the City that all
payroll, material, bills and other indebtedness incurred by the Contractor in connection with the
construction of the project have been paid in full. After the work has been inspected and approved
and after the Contractor has submitted satisfactory evidence of payment, the City's Project Manager
shall promptly issue a final certificate. Final payment shall be due within fifteen (15) calendar days
after the City's Project Manager issues the final certificate.
11. AUDIT. The Contractor agrees that the City or any of its duly authorized
representatives shall, until the expiration of three (3) years after expenditure of funds under this
Agreement, have access to and the right to examine any directly pertinent books, documents, papers,
and records of the Contractor involving transactions related to this Agreement. The Contractor
agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged
thereto which are found on the basis of audit examination not to constitute allowable costs under this
Agreement. The Contractor shall refund by check payable to the City the amount of such reduction
of payments. All required records shall be maintained until an audit is completed and all questions
arising therefrom are resolved, or three (3) years after completion of the project and issuance of the
(B ids/ Agreement-HawksParkBall fieldComplex) A - 5
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final certificate, whichever is sooner.
12. FINAL RECORDS. The Contractor shall allow public access to all documents,
papers, letters, or other material made or received by the Contractor in conjunction with this
Agreement pursuant to the provisions of Chapter 119, Florida Statutes.
13. CONTRACTOR RESPONSIBILITY. The Contractor is an independent contractor
and is not an employee or agent of the City. Nothing in this Agreement shall be interpreted to
establish any relationship other than that of an independent contractor, between the City and the
Contractor, its employees, agents, subcontractors, or assigns, during or after the performance ofthis
Agreement. The Contractor shall take the whole responsibility ofthe work and shall bear all losses
resulting to him, or it, on account of the amount or character of the work, or because the nature of
the ground in or on which the work is done is different from what was assumed or expected, or
because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or
except as otherwise provided in the Contract Documents because of any other causes whatever.
The Contractor shall protect the entire work, all materials under the Agreement and the City's
property (including machinery and equipment) in, on or adjacent to the site of the work until final
completion from the action ofthe elements, acts of other contractors, or except as otherwise provided
in the Contract Documents, and from any other causes whatsoever. Should any damage occur by
reason of any of the foregoing, the Contractor shall provide repairs at his, or its, own expense to the
satisfaction of the City or its Project Manager. Neither the City nor its officers, employees or agents
assume any responsibility for collection of indemnities or damages from any person or persons
causing injury to the work of the Contractor.
At his, or its expense, the Contractor shall take all necessary precautions, including without
(Bids/ Agreement-HawksParkBallfieldComplex) A-6
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limitation, the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the
safety of and the prevention of injury, loss and damage to persons and property. Including without
limitation, in the term persons shall be members of the public, the City and its employees and agents,
the Project Manager and his employees, Contractor's employees, his or its subcontractors and their
respective employees, other contractors, their subcontractors and respective employees, on, about
or adjacent to the premises where said work is being performed. Contractor shall comply with all
applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted
public authorities and building codes.
The Contractor assumes all risk ofloss, damage and destruction to all of his or its materials,
tools appliances and property of every description and that of his or its subcontractors and of their
respective employees or agents, and injury to or death of the Contractor, his or its employees,
subcontractors or their respective employees or agents, including legal fees, court costs or other legal
expenses, arising out of or in connection with the performance of this Agreement.
The Contractor agrees to forever save and keep harmless and fully indemnify the City, its
Officers, employees and agents of and from all liabilities, damages, claims, recoveries, costs and
expense because of loss of, or damage to, property, or injury to or deaths of persons in any way
arising out of or in connection with the performance of this Agreement except as shall have been
occasioned by the sole negligence of the City.
14.
GUARANTEE OF PERFORMANCE AND PAYMENT.
The Contractor
shall, prior to the commencement of work hereunder, furnish to the City guarantees of performance
and labor and material payment in a form acceptable to the City in the amoLlnt of
and 00/1 00 dollars ($ .00).
(Bids! Agreement-HawksParkBallfieldComplex) A-7
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15. MINIMUM INSURANCE REQUIREMENTS.
A. Prior to the commencement of the Work, Contractor shall procure at least the
following insurance coverages with the limits specified herein. All insurance companies providing
insurance under this Agreement shall be authorized to conduct business in the State of Florida and
shall have a general policy holders rating of A or better and a financial rating of X or better according
to the latest publication of Best Key Rating Guide, published by AM Best, Inc.. Said insurance shall
be evidenced hy delivery to the City of (1) a certificate of insurance executed by the insurers listing
coverage and limits, expiration dates and terms of policies and all endorsements whether or not
required by the City, and listing all carriers issuing said policies; and (2) a certified copy of each
policy, including all endorsements. The insurance requirements shall remain in effect throughout
the term of this Agreement.
1.
Workers' Compensation limits as required by law and Employers' Liability Insurance
of not less than $100,000.00 for each accident.
2. Comprehensive General Liability Insurance including, but not limited to, Independent
Contractor, Contractual, Premises/Operations, Products/Completed Operations and
Personal Injury covering the liability assumed under the indemnification provisions
of this Contract, with limits of liability for personal injury and/or bodily injury,
including death, of not less than $1,000,000.00 each occurrence; and property
damage of not less than $100,000.00 each occurrence. (Combined Single Limits of
not less than $500,000.00 each occurrence, will be acceptable unless otherwise
stated). Coverage shall be on an "occurrence" basis, and the policy shall include
Broad Form Property Damage coverage, and Fire Legal Liability of not less than
$50,000.00 per occurrence, unless otherwise stated by exception herein.
3.
Comprehensive Automobile and Truck Liability covering owned, hired and non-
owned vehicles with minimum limits of$1 ,000,000.00 each occurrence, and property
damage of not less than $100,000.00 each occurrence. (Combined Single Limits of
not less than $500,000.00 each occurrence will be acceptable unless otherwise
stated). Coverage shall be on an "occurrence" basis, such insurance to include
coverage for loading and unloading hazards.
(B ids/ Agreement-HawksParkBallficldComplex) A-8
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4. $1,000,000.00 combined single limits, personal injury and/or bodily injury, including
death, and property damage liability insurance as an excess of the primary coverage
required above.
B.
Each insurance policy shall include the following conditions by endorsement to the
policy:
1. Each policy shall require that at least thirty (30) days prior to expiration, cancellation,
non-renewal or any material change in coverages or limits, a notice thereof shall be
given to the City by certified mail to: Legal Department, P. O. Box 100, Edgewater,
Florida 32132-0100. Contractor shall also notify City, in a like manner, within
twenty-four (24) hours after receipt of any notices of expiration, cancellation, non-
renewal or material change in coverage received by said Contractor from its insurer;
and nothing contained herein shall absolve Contractor ofthis requirement to provide
notice.
2. The City of Edgewater shall be endorsed to the required policy or policies as an
additional named insured.
16. DEFAULT; TERMINATION. If either party fails to fulfill its obligations under
this Agreement in a timely and proper manner, the other party shall have the right to terminate this
Agreement by giving written notice of any deficiency and by allowing the party in default seven (7)
calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within
this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period.
With regard to the Contractor, the following items shall be considered a default under this
Agreement:
(1) If the Contractor should be adjudged bankrupt, or ifhe, or it, should make a general
assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of
his, or its, insolvency.
(2) If the Contractor should persistently or repeatedly refuse or fail, except in cases for
which an extension of time is provided, to supply enough properly skilled workmen or proper
(8 ids! Agreement-HawksParkBall fieldComplex) A-9
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material or if the Contractor should fail to make prompt payment for materials, or labor or other
services entering into the work.
(3)
If the Contractor disregards laws, ordinances, or the instructions of the Project
Manager or is otherwise guilty of a substantial violation of the provisions of the Agreement.
In the event of termination, the City may take possession of the premises and all materials,
tools, and appliances, thereon and finish the work by whatever method it may deem expedient. In
such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed
prior to the termination date. If such expense of finishing the work shall exceed such unpaid balance
the Contractor shall pay the difference to the City. The expense incurred by the City as herein
provided, and the damage incurred through the Contractor's default, shall be certified by the Project
Manager.
17.
ASSIGNMENT. Contractor shall not assign this Agreement or its obligations
hereunder without the prior written consent of the City.
18. ATTORNEY'S FEES AND COSTS. In the event the Contractor defaults in the
performance of any of the terms, covenants and conditions of this Agreement, the Contractor agrees
to pay all damages and costs incurred by the City, including reasonable attorney's fees.
19. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail
return receipt requested and addressed as follows:
If to City:
With copies to:
City Manager
City of Edgewater
P. O. Box 100
Edgewater, Florida 32132-0100
Legal Department
City of Edgewater
P. O. Box 100
Edgewater, Florida 32132-0100
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If to Contractor:
(Name of registered agent and
location of entity creation required)
20. INDULGENCE NOT WAIVER. The indulgence of either party with regard to any
breach or failure to perform any provision of this Agreement shall not be deemed to constitute a
waiver of the provision or any portion of this Agreement either at the time the breach or failure
occurs or at any time throughout the term of this Agreement.
21. AMENDMENTS. This Agreement may only be amended by a written document
signed by both parties.
22.
ENTIRE AGREEMENT. This Agreement embodies the whole understanding of
the parties. There are no promises, terms, conditions, or obligations other than those contained
herein, and this Agreement shall supersede all previous communications, representations, or
agreements, either verbal or written between the parties hereto.
23. BINDING EFFECT. All ofthe terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties
and their respective legal representatives, successors, and permitted assigns.
24. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of Florida.
25.
INTERPRETATION~ VENUE. In the event it is necessary for either party to
initiate legal action regarding this Agreement, venue shall be .in the Seventh Judicial Circuit for
Volusia County, Florida, for claims under state law and the Middle District of Florida for any claims
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which are justiciable in federal court.
IN WITNESS WHEREOF, the parties have caused this Agreement to be entered
into the date and year first written above.
ATTEST:
Susan J. Wadsworth
City Clerk
Witness
Witness
(B ids/ Agreemcn t - HawksParkBallfieldComplex)
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CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Kenneth R. Hooper
City Manager
Robin L. Matusick
Legal Assistant
Contractor
By:
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AGENDA REQUEST
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Date: Septenlber 20.2001
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
CONSENT
OTHER
BUSINESS Oct. 08. 2001
CORRESPONDENCE
ITEM DESCRIPTION:
Requesting approval to purchase property with structure adjoining the Fire-Rescue Station 55
property on S. Ridgewood Ave. This property is located at 110 Rhode Island Street next to our
administration office.
BACKGROUND:
As a result of consolidating the Code Enforcement and Animal Control into the Fire-Rescue
Department, we have experienced the need for additional office space. With the purchase of this
adjoining property it will allow for adequate office space for our Community Services Division.
The division includes Life Safety, Animal Control and Code Enforcement. The additional space
will also provide room for future growth as service demands continue to increase. The 1,400
square foot structure has 2 bedrooms, and a living room that will be utilized as offices for the
division. These offices will not be available to the general public and all visits with the
Community Service personnel will occur at the current administrative office. The professional
appraisal report supports the asking price of $68,000.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve the purchase of the property located at 110
Rhode Island Street for the asking price of $68,000.
ACTION REQUESTED:
Motion to approve authorization for Mayor to execute agreement and to close on property on
Rhode Island Street.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
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PREVIOUS AGENDA ITEM:
YES
NO XX
DATE: N/A
AGENDA ITEM NO.
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"-." -"-'" - . .~
Michele Goins
Finance Director
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~~-0:\,--\, \~'{")<;'" "-.. .~
Kenneth R~ Hoop~r \" \ (\
City Manager . J
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Robin Matusick
Legal Assistant
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PURCHASE AND SALE AGREEMENT
w[B&~Ti
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered
into this _ day of 2001 ("Effective Date") by and between WILLIAM G.
ARMSTRONG and MARIE CELLA ARMSTRONG, whose address is
(hereinafter collectively referred to as the
"Seller"), and the CITY OF EDGEW A TER, a Florida municipal corporation, whose address is
P.O. Box 100, Edgewater, Florida 32132-0100 (hereinafter referred to as the "City").
W I T N E S. S. E T H:
WHEREAS, the Seller is the owner of fee simple title to certain real property located in
V olusia County, Florida, as more particularly described in Exhibit" A" attached hereto and by
this reference made a part hereof (the "Property"); and
WHEREAS, the City is a Florida municipal corporation which is authorized to exercise
condemnation powers pursuant to Chapter 166, Florida Statutes; and
WHEREAS, the City desires to acquire from the Seller fee simple title to the Property for
development and use as (the "Project"); and
WHEREAS, Seller has agreed to sell the Property to the City, and the City has agreed to
purchase the Property, together with any and all improvements, structures, fixtures and
appurtenances thereto on the terms and conditions stated below.
NOW, THEREFORE, in consideration of the promises and other good and valuable
considerations exchanged between the parties hereto, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
reference.
2. The Purchase - The Property. Seller agrees to sell and the City agrees to purchase,
for the Purchase Price (as defined below) and on the terms and conditions herein set forth, the
Property, together with all tenements, hereditaments, improvements, structures, fixtures, trees,
shrubbery, roads and easements, appertaining thereto and all of the Seller's right, title, and interest
therein. The Seller shall convey to the City marketable, fee simple title to the Property by Special
Warranty Deed free and clear of all liens, mortgages and encumbrances, except for restrictions,
reservations and easements of record, if any. The instrument of conveyance shall transfer all of
Seller's interest in and to all improvements, fixtures, easements, trees, shrubbery, rights-of-way,
tenements and appurtenances belonging or appertaining to the Property, including without
limitation of the foregoing, all right, title and interest of Seller in and to any land lying in the bed
of any street, alley, road or avenue (before or after vacation thereof, and whether previously
abandoned or vacated or hereafter abandoned or vacated).
(Agreement/Purchase & Sale Agreement - Fire Dept)
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3. Purchase Price.
(a) The Purchase Price for the Property shall be SIXTY-EIGHT THOUSAND
AND NO/lOO DOLLARS ($68,000.00) (the "Purchase Price"). The parties hereby acknowledge
and agree that the Purchase Price: (a) constitutes full compensation to the Seller for the value of
the Property and the resultant damage, if any, to the remainder ofthe lands adjacent thereto owned
by the Seller; if any; (b) includes full compensation to the Seller for all trees, shrubbery and other
improvements on the Property, all of which may be removed by the City in connection with the
Project; and (c) includes compensation and reimbursement to the Seller for all costs and expenses
incurred or to be incurred incident to this Agreement and the Closing hereof, including but not
limited to attorneys' fees and appraisal fees.
(b) It is expressly agreed by Seller that the Purchase Price is an amount negotiated
by the parties and constitutes an amount which the Seller is willing to accept as full compensation
to it for the Purchase Price and that the Seller will execute and deliver at Closing a Release in the
form attached hereto as Exhibit "B" and by this reference made a part hereof.
4. Closing Costs: Tax Proration. The City shall pay all closing costs associated with this
Agreement, including all recording fees and documentary stamp taxes relating to or resulting from
the transfer of title to the City of the Property. Real property taxes in connection with the
conveyance of the Property shall be paid prorated as of the day of the acceptance of the
conveyance by the City and the prorated amount shall be paid by the Seller and shall be escrowed
in accordance with the provisions of Section 196.295, Florida Statutes. Notwithstanding the
foregoing, if the Closing for the Property occurs between November 1 and December 31, then
Seller shall pay all real property taxes for the entire year.
5. Closing. Closing for the Property shall take place at the offices of the City Attorney
at the City of Edgewater, 104 N. Riverside Drive, Edgewater, Florida 32132-0100 at 10:00 a.m.
on ,2001 (the "Closing"). The City's legal counsel shall be responsible
for the preparation of all closing documents, at the City's expense.
6. Seller's Representation and Warranties. Seller represents and warrants to the City
that the following statements are true and correct, and the City's obligation to close shall be
conditioned on the same being true and correct as of the Closing:
(a) Seller has full power and authority to enter into and perform this Agreement in
accordance with its terms and has taken all necessary action or equivalent to authorize the
execution, delivery and performance of the terms and conditions of this Agreement.
(b) Seller owns marketable fee title to the Property and Seller's execution, delivery
and/or performance of this Agreement is not prohibited and will not cause a default under any
agreement, covenant, document or instrument.
(c) Seller has not received any notice (i) that the continued ownership, operation,
(Agreement/Purchase & Sale Agreement - Fire Dept) 2
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use and occupancy of the Property violates any zoning, building, health, flood control, fire or
other law, ordinance, order or regulation or any recorded document affecting the Property or
(ii) of the existence of any dangerous or illegal condition with respect to the Property requiring
corrective action. Seller has no actual knowledge of violations of federal, state, county or
municipal law, ordinance, order, regulation or requirement affecting all or any portion of the
Property and the Seller has received no written notice of any such violation issued by any
governmental authority. Seller has no actual knowledge of any dangerous or illegal condition with
respect to the Property or affecting the Property which requires corrective action.
(d) There is no pending litigation or dispute involving or concerning the location
of the boundaries of the Property or in any way affecting the title to or ownership of the Property.
(e) Except for this Agreement or as evidence by instruments recorded in the Public
Records of V olusia County, Florida, Seller has not entered into any leases, licenses, contracts or
other agreements relating to any portion of the Property which will survive the Closing.
(t) Seller represents that there are no mechanics liens or other claims against the
Property and that the Seller has no unpaid bills for labor or services performed on, or for material
supplied to the Property, except for those unpaid bills which will be paid prior to the Closing or
paid by Seller with funds escrowed from the Closing proceeds.
(g) No member of the City Council of the City of Edgewater, no agent or employee
of the City of Edgewater, and no person related by blood or marriage to any of the aforesaid has
or will benefit in anyway, either directly or indirectly, from, or receive any portion of the
payments to be made to Seller under the provisions of this Agreement.
(h) There are no persons or entities in possession of all of any portion of the
Property, as the case may be, as lessee's, tenants at sufferance, licensees or trespassers. At the
time of Closing, no person or entity shall be entitled to or be in possession of any portion of the
Property.
(i) Seller is not a "foreign person" as such term is defined in Section 1445(t) ofthe
Internal Revenue Code.
(j) There are no assessment liens pending or proposed, certified, confirmed,
ratified, special or otherwise affecting the Property.
(k) There is continuous ingress and egress to the Property by means of a dedicate
public road.
(I) Seller shall refrain from taking, between the Effective Date and Closing, that
which would cause, or threaten to cause, any representation of Seller's, as contained in this
Agreement, to become materially incorrect or untrue during such period.
(Agreement/Purchase & Sale Agreement - Fire Dept) 3
(m)Seller shall take, or cause to be taken, all actions necessary to cause the
representations of the Seller as contained in this Agreement to remain materially true and correct
in all respects from the Effective Date through Closing as to the Property.
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7. Broker.
(a) Seller represents and warrants to the City that it is not aware of any person or
entity which would be entitled to a commission, compensation or brokerage fee for the bringing
about of this transaction or the consummation hereof. Seller agrees to indemnify and to hold the
City harmless from any such conunission, fees, or compensation which may be claimed to be due
through the Seller or pursuant to the acts of Seller or Seller's representatives. Seller further
covenants and agrees to indemnify the City for damages, court costs and reasonable attorneys' fees
and paralegals fees, at both a trial and appellate levels, incurred as a result of any such claim.
o
(b) The City represents and warrants to Seller that is not aware of any person or
entity which would be entitled to a conunission, compensation or brokerage fee for the bringing
about of this transaction or the consununation hereof. To the extent permitted by law, the City
agrees to indemnify and to hold Seller harmless from any such commission, fees or compensation
which may be claimed to be due through the City or pursuant to the acts of City or City's
representative. To the extent permitted by law, the City further covenants and agrees to indemnify
Seller for damages, court costs and reasonable attorneys' fees and paralegal's fees, at both the trial
and appellate levels, incurred as a result of any such claim.
(c) The provisions ofthis Section shall survive the termination of this Agreement.
8. Additional Documentation. In connection with the conveyance of the Property, the
Seller shall execute such closing documents as may reasonably be required by the City, including
but not limited to a standard form no-lien affidavit, a non-foreign certification, and a closing
statement.
9. Use of Property Prior to Closing. From the date hereof through the date of
acquisition of the Property, the City through its consultants, contractors and employees, will be
and are hereby authorized to enter upon the Property for the purposes of having scientific
investigation, surveying and the taking of soil borings in connection with the Project. Any boring
holes made by the City shall be promptly filled and packed to the surrounding earth level by the
City.
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10. Further Documentation. The parties agree that at anytime following a request
therefor by the other party, each shall execute and deliver to the other party such further
documents and instruments, in form and substance reasonably necessary to confirm and/or
effectuate the obligations of either party hereunder and the consummation of the transactions
contemplated hereby. The provisions of this paragraph shall survive the Closing.
11. Specific Performance. Both the City and the Seller shall have the right to enforce the
(Agreement/Purchase & Sale Agreement - Fire Dept) 4
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terms and conditions of this Agreement by an action for specific performance.
12. Time of Essence. Time is of the essence for this Agreement and in the performance
of all conditions, covenants, requirements, obligations and warranties to be performed or satisfied
by the parties hereto.
13. Agreement: Amendment. This Agreement constitutes the entire agreement between
the parties, and supersedes all previous discussions, understandings and agreements, with respect
to the subject matter hereof. Amendments to and waivers of the provisions of this Agreement shall
be made by the parties only in writing by formal amendment.
14. Applicable Law. This Agreement shall be construed and interpreted in accordance
with the laws of the State of Florida.
15. Disclosure of Beneficial Interest. Contemporaneous with the execution of this
Agreement, Seller shall deliver to the City a public disclosure of its beneficial ownership which
shall comply with the requirements set forth in Section 286.23, Florida Statutes. This Agreement
constitutes a written notice from the City to Seller requesting the foregoing disclosure and
informing Seller that such disclosure must be made under oath, subject to the penalties prescribed
for perjury.
16. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, their respective legal representatives, successors, heirs and assigns.
17. Negotiated Price to be Without Prejudice. The Purchase Price specified herein was
negotiated by the parties on the basis of a total price for the Property and shall be without
prejudice to any party, and inadmissible in any condemnation proceedings which might hereinafter
be brought if this transaction is not closed for any reason whatsoever.
18. Effective Date. The Effective Date of this Purchase and Sale Agreement shall be the
date that it is executed by the City and such date shall be inserted on the front page of this
Agreement.
(Agreement/Purchase & Sale Agreement - Fire Dept) 5
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IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, to
become effective as of the date and year first above written.
Signed and delivered
in the presence of:
SELLER:
Print Name:
Print Name:
WILLIAM G. ARMSTRONG
Print Name:
Print Name:
MARIE CELLA ARMSTRONG
(Agreement/Purchase & Sale Agreement - Fire Dept) 6
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Signed, sealed and delivered
in the presence of:
ATTEST:
SUSAN J. WADSWORTH,
City Clerk
For the use and reliance only by the City
of Edgewater, Florida. Approved as to
form and legality this _ day of
2001.
By:
Name:
CITY ATTORNEY
Foley & Lardner
(Agreement/Purchase & Sale Agreement - Fire Dept) 7
CITY:
CITY OF EDGEWATER, a Florida
municipal corporation
By:
DONALD A. SCHMIDT,
Mayor
Executed on:
,2001
APPROVED BY THE CITY COUNCIL
OF THE CITY OF EDGEW A TER AT A
MEETING HELD ON THIS DAY
OF , 2001 UNDER
AGENDA ITEM NO.
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EXHIBIT "A"
Lot 18, Edgewater Shores Unit No.1, according to the plat thereof
as recorded in Map Book 8, Page 271, of the Public Records of
V olusia County, Florida.
(Agreement/Purchase & Sale Agreement - Fire Dept) 8
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EXHIBIT "B"
RELEASE
For ten ($10.00) dollars and other valuable considerations, the receipt and sufficiency of which
is hereby acknowledged, the undersigned WILLIAM G. ARMSTRONG and MARIE CELLA
ARMSTRONG (hereinafter collectively referred to as "Seller") does hereby forever remise,
relinquish, discharge and release the CITY OF EDGEW ATER, a Florida municipal corporation
("City"), from any and all claims for damages to any business currently or previously located upon
that certain real property located in V olusia County, Florida being conveyed from Seller to City of
even date herewith (the "Property") and/or adjoining lands owned or leased by Seller (" Adjoining
Property"), which damages arise out of or are in any way related to the purchase of the Property and
related improvements by the City pursuant to that certain Purchase Agreement by and between Seller
and City, dated _ day of ,2001. Notwithstanding the foregoing, except as may be
agreed to by Seller, the City agrees not to block access to the Adjoining Property during development
of the Property.
IN WITNESS WHEREOF, the undersigned has caused this Release to be executed on behalf
of ARMSTRONG, this _ day of , 2001.
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
By:
WILLIAM G. ARMSTRONG
Print Name:
By:
Print Name:
MARIE CELLA ARMSTRONG
(Agreement/Purchase & Sale Agreement - Fire Dept) 9
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STATE OF FLORIDA )
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid, to take acknowledgements, personally appeared WILLIAM
G. ARMSTRONG and who 0 is personally known to me, or who 0 produced
as identification, and who acknowledged that he executed the foregoing
instrument freely and voluntarily for the uses and purposes expressed therein.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
, 2001.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
ST A TE OF FLORIDA )
COUNTY OF )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid, to take acknowledgements, personally appeared MARIE
CELLA ARMSTRONG and who 0 is personally known to me, or who 0 produced
as identification, and who acknowledged that she executed the foregoing
instrument freely and voluntarily for the uses and purposes expressed therein.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2001.
Signature of Notary
Name of Notary (Typed, Printed or Stamped)
Commission Number (if not legible on seal):
My Commission Expires (if not legible on seal):
(Agreement/Purchase & Sale Agreemenl - Fire Dept) 10
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V OLUSIA LEAGUE OF CITIES
"
Legislative Lobbying Schedule
2002 Legislative Session
Session begins January 22, 2002 and ends lv/arch 22, 2002
Please select three (3) dates your city would like to dedicate as your week in Tallahassee,
51 ?nd d ..., rd h' Th 151 h' 'I '
Please mark them as your 1 ,_ ,an .J c Glces. e c Olce WI I be gIven out on a "first
come, first served" basis, '-tVe will notify you in the very near future with the appointed dates.
Remember, elected officials, staff and/or "plain" citizens can attend on behalf of your city.
Return this completed form to: Nlary Curran, yeOG, Inc., 1190 Pelican Bay Dr., Daytona
Beach, FL 32119-1381, E-mail tomarvcurran@worldnet.att.net
City:
Contact Name:
Phone:
Email:
CHOICE
Week beginning on Monday -
January 21, 2002 (Session begins on Tuesday January 22, 2002)
1&;
".\ } March 18,2002 (Sessions ends on Friqay, March 22~ 2002) ',.
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OCT 15
1 )
2)
3)
4)
5)
6)
NOVS
1)
2)
3)
4)
5)
NOV f9 12
1 )
2)
3)
4)
DEC3
1 )
2)
3)
4)
5)
6)
DEe 17
1)
2)
3)
TENTATIVE AGENDA ITEMS
Senator Locke Bert& Rep. Suzanne Kosmas presenting ceremonial check for FRDAP grant ($ I 12,500)
for additional ball fields @ Hawks Park
1 Sl Reading, LDC amendments, Articles IX & X
I SI Reading, Ord., Washington Park Annexations - 13 lots
JSI Reading, Ord., Thomas Subdivision, Merrick, Woods, Constable & Fortna owners, 7i:. acres
FRDAP Grant Agreement - Jack
Amended Contracts: Susan, Auditors, Scott & Hans
Local Law Enforcement Block Grant ($18,148) City to match with $2,016
2nd Reading, LDC amendments, Articles IX & X
2nd Reading, Ord., Washington Park Annexations - 13 lots
2nd Reading, Ord., Thomas Subdivision, Merrick, Woods, Constable & Fortna'owners, 7i:. acres
I sl Reading, LDC amendments, Articles XI & XII
I sl Reading, rezoning of 9.95i:. acres s/side Roberts Rd, across from Meadow Lake, Scott & Grant
(moved date due to comp plan approvals & holiday week)
2nd Reading, LDC amendments, Articles XI & XII
2nd Reading, rezoning of 9.95i:. acres s/side Roberts Rd, across from Meadow Lake, Scott & Grant
1 SI Reading, LDC amendments, Articles XIII & XIV
I sl Reading, Ord., Carol Ann Drive Annexations - ? Lots
2nd Reading, LDC amendments, Articles XIII & XIV
2nd Reading, Ord., Carol Ann Drive Annexations - ? Lots
2nd Reading, Compo Plan
1 SI Reading, LDC amendments, Articles XV & XVI
1 SI Reading, rezoning of property associated with 8 small scale amend (above)
I sl Reading, 8 small scale amendments to Comp Plan by designating land use classifications
2nd Reading, LDC amendments, Articles XV & XVI
2nd Reading, rezoning of property associated with 8 small scale amend (above)
2nd Reading, 8 small scale amendments to Comp Plan by designating land use classifications
? CRA Res./Study
? 2nd Reading, Edgewater Lakes
comp plan amendment
cc: City Council
Dept. Directors
:Iizm
Rev. 10/01/0 I
c:\oullincs\aitcms I 0150 I