2009-R-30
RESOLUTION NO. 2009-R-30
A RESOLUTION OF THE CITY OF EDGEW ATER
ENACTING BUSINESS INCENTIVES FOR "THE BIG
PLANET" BY WAIVING CERT AIN IMPACT FEES;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH,
PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE
AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, has made the following
determinations:
WHEREAS, City Council adopted Ordinance No. 2001-0-01 on March 19,2001 for fire
impact fees; Ordinance No. 2001-0-47 on July 2, 2001 for law enforcement impact fees and
Ordinance No. 2004-0-39 on December 6,2004 for transportation/road impact fees; and
WHEREAS, on January 5, 2004 City Council adopted Ordinance No. 2003-0-15 which
became effective as of March 15,2004 and placed development/impact fees under Article XVII of
Chapter 21 (Land Development Code); and
WHEREAS, the City Council adopted Resolution No. 2009-R-08 on May 18, 2009 updating
the City of Edge water Schedule of Fines, Fees, Costs and/or Penalties which includes fire protection
and EMS, law enforcement and transportation/road impact fee programs; and
WHEREAS, the City is addressing economic development through an encouragement of
additional non-residential projects; and
WHEREAS, the City has determined that it is necessary to take action in order to stimulate
additional non-residential project growth in the City of Edgewater; and
WHEREAS, during the June 15, 2009 City Council meeting, Council authorized City
Manager Tracey T. Barlow to consider incentives in an effort to attract businesses to locate to within
the City of Edgewater; and
WHEREAS, Jeff Gehris of "The Big Planet" located at 1209 South Ridgewood Avenue,
Edgewater, Florida has requested that the City Council consider waiving certain impact fees in order
to assist him with the construction of a business that is expected to employ approximately 35 jobs to
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the City of Edgewater; and
WHEREAS, Jeff Gehris of "The Big Planet" located at 1209 South Ridgewood Avenue has
requested that the City Council consider a water conservation initiative whereas he may receive a
rebate on his water and sewer capital charge impact fees based on actual water consumption to be
calculated twelve (12) months from the time of Certificate of Occupancy; and
NOW, THEREFORE, BE IT RESOLVED by the People ofthe City ofEdgewater,
Florida as follows:
PART A. STIPULATIONS.
Section 1.
The City Council hereby waives the imposition of fire/rescue impact fees in
the amount of nine hundred sixty-five and 08/100 dollars ($965.08).
Section 2.
The City Council hereby waives the imposition of law enforcement impact
fees in the amount of one thousand three hundred forty-one and 52/1 00 dollars ($1,341.52).
Section 3.
The Council hereby waives the imposition oftransportation impact fees in the
amount twenty-two thousand five hundred sixty-eight and 32/1 00 dollars ($22,568.32).
Section 4.
The City Council has directed the City Manager to calculate the water
conservation initiative based on twelve (12) months of consumption from issuance of Certificate of
Occupancy and rebate the difference in the water and sewer capital charge impact fees.
Section S.
During the November 16, 2009 City Council meeting, Council voted to allow
the payment of the sidewalks, water and sewer impact fees totaling $42,034.44 to be paid over a
period of three (3) years. Each payment will be due and payable on the anniversary date of the
issuance of the original building permit.
PART B. SEVERABILITY AND APPLICABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application
hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of
the remaining portions or applications hereof.
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PART C. CONFLICTING PROVISIONS.
All resolutions, or parts thereof that are in conflict are hereby repealed.
PART D. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
PART E. ADOPTION.
During the November 16, 2009 Council meeting, a motion to approve was made by
COli n(ld iVomn r1 Pr n nl ~1-oi1 with Second by r {)j I nlll i f'tUl..{L ~()Optc'r . The motion was made to
include the language contained in Section 5. The vote on this resolution is as follows:
AYE NAY
Mayor Mike Thomas ABSENT
Councilwoman Debra J. Rogers ABSENT
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes 'Y...
Councilman Ted Cooper X
PASSED AND DULY ADOPTED this 16th day of November, 2009.
ATTEST:
CITY COUNCIL OF THE
CITYOFEDG AT ~FLORIDA
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For; th~'use"'and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of November, 2009 under Agenda Item No.
85-'
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