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02-13-2006 (; '-.J ~ (,.A. . AGENDA REQUEST Date: February 6. 2006 PUBLIC HEARING February 13. 2006 RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION Jim Girvan, owner of No Name Saloon, located at 2001 S. Ridgewood Avenue is requesting a Special Activities permit for Bike Week 2006 events with outdoor music to be held March 3 through . March 12, 2006. BACKGROUND The event is scheduled for March 3 through March 12, 2006, with the hours of operation being from 1 :00 p.m. to 9:00 p.m., outdoor entertainment will be provided from 1 :00 p.m. to 9:00 p.m. No amplified public address system will be permitted after 9:00 p.m. each day. City staff recommends that Boston Road be closed from east of the easternmost driveway of 109 Boston Road (Dollar General) to Riverside Drive on March 9 and March 10 from 3 :OOp.m. to 9:00p.m. The applicant will be responsible for any law enforcement and other expenses the City incurs during this event. Property owners within 500-feet have been notified of the public hearing. STAFF RECOMMENDATION The Technical Review Committee has reviewed the application and recommends approval of the special activities permit to allow No Name Saloon to hold Bike Week 2006 activities with outdoor music from March 3 through March 12,2006, based on following conditions: 1. All gates must remain unlocked for emergency ingress/egress; 2. Access must, remain open to the rear of the building to allow emergency vehicle access to open area on the south side of the business; 3. The fire hydrant on Boston Road may not be obstructed in any way, which would prevent immediate access for its use; 4. The occupant load of the assembly area may never be exceeded; 5. No parking shall be permitted within the U.S. Highway 1 right-of-way (following the building line). No parking shall be permitted within the Boston Road right-of-way. These areas shall be clearly marked (i.e. taped off) and kept free from vehicle encroachment at all times. Parking along U.S. Highway 1 must be east of the western wall of the main building; 6. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit; 7. The applicant fully complies with Section 21-37 (Special Activity Requirements) ofthe Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances; 14. 15. . 8. ~ . / Boston Road shall be closed from east of the easternmost dnveway of 109 Boston Road (Dollar General) to Riverside Drive on March 9 and March 10 from 3:00p.m. to 9:00p.m.; The applicant shall provide "Road Closed" and "Heavy Traffic Ahead" signs; No amplified public address system shall be in use after 9:00 p.m.; Vendor Information sheets must be completed for all vendors and submitted to this office prior to the permit being issued; No parking is permitted in public right-of-ways or in the site visibility triangle; Uniformed police detail officers shall be present during heavy attendance days to facilitate safe crossing of U.S. Highway 1. Additional officers should be added if attendance exceeds the capability of officers to handle flow or if pedestrian safety issues arise; U.S. Hwy 1 must be coned in front of the business to slow traffic and prevent accidents; Motorcycle parking along U.S. Highway 1 during heavy attendance is not permitted and must be moved to off-site areas for safety reasons. Signage prohibiting parking along roadway and enforcement action to support such shall be in place. 9. 10. 11. 12. 13. ACTION REQUESTED Motion to approve the special activities permit to allow No. Name Saloon to hold Bike Week 2006 activities with outdoor music from March 3 through March 12, 2006 based on staff's recommendations. FINANCIAL IMP ACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: DATE: YES NO X AGENDA ITEM NO. ResP~1fullY SUbmi~J By: hh1tM\ ~ll Darren Lear ,/ Development S~rvices Director ~~-0 "'V~~~\~~~\f' Robin Matusick Kenneth R. Hooper \ Legal Assistant City Manager o o o v SPECIAL ACTIVITY PERMIT NO-NAME SALOON 2001 S. RIDGEWOOD AVENUE EDGEWATER, FLORIDA 32141 APPLICANT-Jim Girvan FUNCTION: BIKEWEEK ACTIVITIES SPECIAL ACTIVITY PERMIT REQUIREMENTS 1. A Special Activity Permit has been issued to The No-Name Saloon for Bike Week Activities and Outdoor Music, activity to be held March 3 through March 12, 2006. Outdoor music from 1 :00 p.m. until 9:00 p.m. (10 days at $200.00 per day. Fee of $2.000.00 paid). 2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity.) 3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall comply with parking requirements for that use. '-' 4. A description of adequate provisions for parking will be supplied in advance to the Planning Department for staff review. Applicant must obtain written permission from all property owners granting authorization to use their property for this event, including use for parking facilities. Applicant will . supply adequate manpower for parking vehicles during the event. 5. Applicant shalll provide the City Clerk with a bond or an insurance policy to protect City from liability in form and substance acceptable to City of at least $200,000. 6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of the event. (Including potable water, if necessary) 7. The City shall provide scheduled and unscheduled inspections prior to and/or during the special activity by police, fire, code compliance, building and/or City administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity permits that include outdoor entertainment may require a code compliance officer to remain on site during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter. Appropriate State of Florida agencies are responsible for the inspection of amusement rides and public food preparation facilities. 8. The proposed use will substantially comply witli the appropriate Life Safety Code and Building Code requirements. Plans must be approved by Fire and Police Departments. ~ 9. No signage for advertising the event shall be placed on any public right-of-way. Any signs used for the event must be permitted and inspected by the Building Department. All signs shall be removed within 1 day at the end of the event. o 10. The number of special activities at any given location or address shall not exceed one 10- day period and two I-day charitable events/activity between the period of January 1st through June 30th; and one 10-day period and two I-day charitable events/activity between the period of July 1 st through December 31 st. A letter of authorization from property owner must be supplied to the City. 11. The proposed use is limited to a specific period of time listed on the Special Activity Application, not to exceed ten days. 12. The proposed use will operate only during the specific daily time period requested on the application. 13. The proposed activity will direct on-site lighting away from adjacent parcels and roadways. 14. It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshal shall verifY such compliance is 0 obtained. 15. No electrical cords to be placed across driveways or driving lanes. 16. No open flames permitted. 17. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at all times and be readily available. The quantity of fire extinguishers to be determined by the Fire Department. 18. Access roadways must be maintained at a minimum width of20 feet. 19. Overnight parking or camping is prohibited. 20. For events taking place in grass lots or fields, the vegetation must be cut prior to set up. 21. Individual vendors must register with the City Clerk and food vendors must have proper state inspections. {Department of Business and Professional Regulations will do inspections (800-375-6975), fees may be required by the State} 22. Applicant is responsible for leaying property clear of all trash, garbage and litter. 23. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a o 2 u v fine of three times the cost of the application fee as well as all associated City fees. No further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one-year period. A repeat offender is defined as a sponsor/promoter who violates any of the conditions of the special activity permit more than one time in a six-month period. 24. Must provide adequate parking for those in attendance. 25. All off site parking will require a traffic detail. 26. No parking is permitted in public right-of-ways or in the site visibility triangle - Exhibit 'A' 27. A special activity requesting road closures will provide "road closed" signs and barricades. 28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide "congested area ahead" signs along with an additional generated light system that will illuminate the area of crossing/congestion. 29. The City shall monitor noise levels to determine if a public nuisance exists. The permit holder shall comply with the City's determination. The special activity permit is subject of revocation if owners fail to comply with noise abatement. Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances shall be upheld. Exhibit 'B' ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT: 1. All gates must remain unlocked for emergency ingress/egress; 2. Access must remain open to the rear of the building to allow emergency vehicle access to open area on the south side of the business; 3. The fire hydrant on Boston Road may not be obstructed in any way, which would prevent immediate access for its use; 4. The occupant load of the assembly area may never be exceeded; . 5. No parking shall be permitted within the U.S. Highway 1 right-of-way. No parking shall be permitted within the Boston Road right-of-way. These areas shall be clearly marked .(Le. taped off) and kept free from vehicle encroachment at all times. Parking along U.S. Highway 1 must be east of the western wall of the main building; 6. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit; 7. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances; Boston Road shall be closed from east of the easternmost driveway of 109 Boston Road (Dollar General) to Riverside Drive on March 9 and March 10 from 3 :OOp.m. to 9:00p.m.; The applicant shall provide "Road Closed" and "Heavy Traffic Ahead" signs; No amplified public address system shall be in use after 9:00 p.m.; Vendor Information sheets must be completed for all vendors and submitted to this office prior to the permit being issued; No parking is permitted in public right-of-ways or in the site visibility triangle; Uniformed police detail officers shall be present during heavy attendance days to facilitate 8. 9. 10. 11. U 12. 13. 3 14. 15. safe crossing of U.S. Highway 1. Additional officers should be added if attendance exceeds the capability of officers to handle flow or if pedestrian safety issues arise; U.S. Hwy 1 must be coned in front of the business to slow traffic and prevent accidents; Motorcycle parking along U.S. Highway 1 during heavy attendance is not permitted and must be moved to off-site areas for safety reasons. Signage prohibiting parking along roadway and enforcement action to support such shall be in place. I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL SERVICES ARE REQUIRED FOR THIS EVENT. REIMBURSEMENT FOR SERVICES ARE OUTLINED IN EXHIBIT "C" I have read and understand that I must comply with the above conditions. Signature Date Permit Reviewed! Approved by: Police Chief Fire Chief Permit issued by: Darren Lear, Development Services Director Date CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Development Services Director 4 o o o EXHIBIT "A" U' 21-38.03 - Site Triangle Requirements v u a. Nothing shall be erected, planted or placed' in a manner as to materially impede vision between a height of two and one-half feet (2 W') to ten feet (10'.) above the intersecting street right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from the intersecting right-of-way lines. These regulations may also apply in corilmercial ingress and egress driveway areas if the TRC determines that a safety hazard may exist. CORNER lOT IZd VISIBIL ITY T~ IUIGL E EXHIBIT "B" o CHAPTER 10 (Health and Sanitation) ARTICLE n. NOISE Sec. 10-22. General restrictions. (a) No person shall operate or cause to be operated any source of sound from any subject parcel in such a manner as to create a noise nuisance or sound level which exceeds the limits set forth for the use occupancy in Table 1, when measured at the property boundary of the subject property from which the sound emanates. (b) Sound or noise emanating from one use occupancy category into another use occupancy category with a different noise level limit shall not exceed the limits of the use occupancy category into which the noise is projected. TABLE 1 Noise Restrictions Use Occupancy Cate20rv Time Sound Level Limit (dBA) Residential 8:00 AM - 9:00 PM 60 9:00 PM - 8:00 AM 50 Commercial 7:00 AM -10:00 PM 65 10:00 PM - 7:00 AM 60 . Manufacturing All times 75 Noise Sensitive Zone All times 50 o o 1 '. u EXHIBIT 'c' NO-NAME SALOON 2001 S. RIDGEWOOD AVENUE ED~EWATER, FLORIDA 32141 APPLICANT-PATRICK & JIM GIRVAN FUNCTION-"BlKEWEEK 2006" , THE BILLIBLE RATE FOR POLICE AND CODE COMPLIANCE OFFICERS IS $30.00 PER MAN HOUR ,STATEMENT FOR POLICE SERVICES 2 POLICE OFFICERS FOR EACH SHIFT, 3/9/06 3: OOpm - 3/10/04 3: OOpm 3/11/04 3: OOpm 8:00pm 8:00pm 8:00pm 10.0. man/hrs 10.0. man/hrs 10.0. man/hrs TOTAL 30.0 man/hrs @$30. 00 per man/hr = $948.00 ******************************************************************** o THE BILLIBLE RATE FOR POLICE AND CODE COMPLIANCE OFFICERS IS $31.60 PER MAN HOUR STATEMENT FOR CODE COMPLIANCE SERVICES CODE COMPLIANCE ANTICIPATES A TOTAL OF 44 BILLIBLE MAN HOURS FOR THE 10 DAY EVENT. TOTAL 44.0 man/hrs @$31.60 per man/hr - $1390.40 ******************************************************************** u I agree to pay to the City of Edqewater any additional monies should additional time and ~gu . r ct:'" i 2 \ 3/ O(p Date /' ~ > u u u c. \S. AGENDA REQUEST Date: February 6, 2006 PUBLIC HEARING February 13,2006 RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION Richard Stonecipher of Stonecipher Enterprises, owner of Earthquake Magoon's, located at 132 W. Park Avenue is requesting a Special Activities permit for an Annual Bike Week Oyster Roast to be held March 10,2006. BACKGROUND The event is scheduled for March 10,2006, with the hours of operation being from 12:00 p.m. to 12:00 a.m. The applicant will be responsible for any law enforcement and other expenses the City incurs during this event. Property owners within 500-feet have been notified of the public hearing. STAFF RECOMMENDATION The Technical Review Committee has reviewed the application and recommends approval of the special activities permit to allow Earthquake Magoon's to have an Annual Bike Week Oyster Roast to be held March 10, 2006, based on the following conditions: 1. Access must remain readily accessible to the rear of the building to allow emergency vehicle access; 2. The occupant load of the assembly area may never be exceeded; 3. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit; 4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance); 5. No parking is permitted in public right-of-ways or in the site visibility triangle. ACTION REQUESTED Motion to approve the special activities permit to allow Earthquake Magoon's to have an Annual Biketoberfest Oyster Roast to be held March 10, 2006, based on the following conditions: 1. Access must remain readily accessible to the rear of the building to allow emergency vehicle access; 2. The occupant load of the assembly area may never be exceeded; 3. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit; ~ 4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance); 0 5. No parking is permitted in public right-of-ways or in the site visibility triangle. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. ~~~.t...$Vv,",,^~~~O~~\i\ D en Lear Robip Matusick Kenneth R. Hooper \ . $ Director of Development Services Legal Assistant City Manager o o u u Q SPECIAL ACTIVITY PERMIT EARTHQUAKE MAGOON'S 132 W. PARK AVENUE EDGEW A TER, FLORIDA 32132 APPLICANT-Richard Stonecipher FUNCTION: Bike Week Oyster Roast SPECIAL ACTIVITY PERMIT REQUIREMENTS 1. A Special Activity Permit has been issued for Earthquake Magoon's Bike Week Oyster Roast, to be held March 10, 2006 with the hours of operation being from 12:00 p.m. to 12:00 a.m. (1 day at $200.00 per day. Fee of $200.00 paid). 2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity.) 3. . Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall comply with parking requirements for that use. 4. A description of adequate provisions for parking will be supplied in advance to the Planning Department for staff review. Applicant must obtain written permission from all property owners granting authorization to use their property for this event, including use for parking facilities. Applicant will supply adequate manpower for parking vehicles during the event. 5. Applicant will provide the City Clerk with a bond or an insurance policy to protect City from liability in form and substance acceptable to City and in the amount of a minimum of $200,000. 6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of the event. (Including potable water, if necessary) 7. The City shall provide scheduled and unscheduled inspections prior to and/or during the special activity by police, fire, code compliance, building and/or city administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity permits that include outdoor entertainment may require a code compliance officer to remain on site during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter. Appropriate State agencies are responsible for the inspection of amusement rides and public food preparation facilities. 8. The proposed use will substantially comply with the appropriate Life Safety Code and Building Code requirements. Plans must be approved by Fire and Police Departments. 9. No signage for advertising the event shall be placed on any public right-of-way. Any signs used for the event must be permitted and inspected by the Building Department. All signs shall be removed within 1 day of the end of the event. 10. The proposed use is limited to a specific period of time listed on the Special Activity Application, not to exceed two days. 11. The number of special activities at any given location or address shall not exceed one 10-day , .. period and two I-day charitable events/activity between the dates of January 1 st through June 30th; and one IO-day period and two I-day charitable events/activity between the dates of July 1 st 0 through December 31 st. A letter of authorization from property owner must be supplied to the City. 12. The proposed use will operate only during the specific daily time period requested on the application. 13. The proposed activity will direct on-site lighting away from adjacent parcels and roadways. 14. It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshal shall verify such compliance is obtairied. 15. No electrical cords to be placed across driveways or driving lanes. 16. No open flames permitted. 17. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at all times and be readily available. The quantity of fire extinguishers to be determined by the Fire Department. 18. Access roadways must be maintained at a minimum width of 20 feet. 19. Overnight parking or camping is prohibited. o 20. For events taking place in grass lots or fields, the vegetation must be cut prior to set up. 21. Individual vendors must register with the City Clerk and food vendors must have proper state inspections. {Department of Business and Professional Regulations will do inspections (800-375- 6975), fees may be required by the State} 22. Applicant is responsible for leaving property clear of all trash, garbage and litter. 23. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three times the cost of the application fee as well as all associated City fees. No further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one-year period. A repeat offender is defined as a sponsor/promoter who violates any of the conditions of the special activity permit more than one time in a six-month period. 24. Must provide adequate parking for those in attendance. 25. All off site parking will require a traffic detail. 26. No parking is permitted in public right-of-ways or in the site visibility triangle. (See Exhibit "A" attached. ) o 2 " I u o u 27. A Special Activity requesting road closures will provide "road closure signs" and barricades. 28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide "congested area ahead" signs along with an additional generated light system that will illuminate the area of crossing/congestion. . 29. The City shall monitor noise levels to determine if a public nuisance exists. The permit holder shall comply with the City's determination. Special Activity permit is subject to revocation if owners fail to comply with noise abatement. Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances shall be upheld. (See Exhibit "B", attached.) 30. No outdoor entertainment and no amplified public address system shall be permitted. ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT: 1. Driveways must remain readily accessible to the rear of the building to allow emergency vehicle access, 2. The occupant load of the assembly area may never be exceeded, 3. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit, 4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances. I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL SERVICES ARE REQUIRED FOR TmS EVENT. I have read and understand that I must comply with the above conditions. Signature Date Permit Reviewed/Approved by: Police Chief Fire Chief Permit issued by: Darren Lear, Development Services Director Date CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Development Services Director 3 EXHIBIT "A" 21-38.03 - Site Triangle Requirements o a. Nothing shall be erected, planted or placed in a manner as to materially impede vision between a height of two and one-half feet (2 W') to ten feet (10') above the intersecting street right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from the intersecting right-of-way lines. These regulations may also apply in commercial ingress and egress driveway areas if the TRC determines that a safety hazard may exist. 'CORNER LOT o o lZdVISIBILITY TqlA~GL[ o 1 u '-' u EXHIBIT "B" CHAPTER 10 (Health and Sanitation) ARTICLE II. NOISE Sec. 10-22. General restrictions. (a) No person shall operate or cause to be operated any source of sound from any subject parcel in such a manner as to create a noise nuisance or sound level which exceeds the limits set forth for the use occupancy in Table I, when measured at the property boundary of the subject property from which the sound emanates. (b) Sound or noise emanating from one use occupancy category into another use occupancy category with a different noise level limit shall not exceed the limits of the use occupancy category into which the noise is projected. TABLE 1 Noise Restrictions Use Occupancy Catee:orv Time Sound Level Limit (dBA) Residential 8:00 AM - 9:00 PM 60 9:00 PM - 8:00 AM 50 Commercial 7:00 AM - 10:00 PM 65 10:00 PM - 7:00 AM 60 Manufacturing All times 75 Noise Sensitive Zone All times 50 1 u \.) '-> ~.c. AGENDA REQUEST Date: February 6, 2006 PUBLIC HEARING February 13, 2006 RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION Leslie Peterson, applicant for The Dog House Saloon, located at 307 N. Ridgewood Avenue is requesting a Special Activities permit to hold a "Customer Appreciation Day" event, to be held March 10, 2006, with a rain date of March 11, 2006. BACKGROUND The event is scheduled for March 10, 2006, (rain date of March 11, 2006), with the hours of operation being from 12:00 p.m. to 9:00 p.m. No outdoor entertainment or amplified public address is proposed. The applicant will be responsible for any law enforcement and other expenses the City incurs during this event. Property owners within 500-feet have been notified of the public hearing. STAFF RECOMMENDATION The Technical Review Committee has reviewed the application and recommends approval of the Special Activities permit to The Dog House Saloon to hold "Dog Day Afternoon" event, with outdoor music, to be held October 22,2005 (rain date of October 23,2005), based on following conditions: 1. Access must remain open to the rear of the building to allow emergency vehicle access to the business; 2. No fire hydrants shall be obstructed in any way, which would prevent immediate access for its use; 3. The occupant load of the assembly area may never be exceeded; 4. Daily fire, life safety and code inspections will be conducted throughout the duration of the Permit; 5. The applicant must fully comply with Section 21-37 (Special Activity Requirements) of the Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances; 6. No parking is permitted in public right-of-ways or in the site visibility triangle; 7. U.S. Hwy 1 must be marked with cones in front of the business to slow traffic and prevent accidents; 8. Motorcycle parking along U. S. H wy 1 during heavy attendance must be discouraged and moved to off-site areas for safety reasons. Signage prohibiting parking along roadway and enforcement action to support such shall be in place throughout the event's entirety. ACTION REQUESTED Motion to approve the Special Activities permit to allow The Dog House Saloon to hold "Customer Appreciation Day" event, to held March 10, 2006, (rain date of March 11, 2006) based on staff recommendations. . FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: DATE: YES NO X o AGENDA ITEM NO. ~~~-k.J Robin M~tusick Legal Assistant ~~~\'\.~~ -, Kenneth R. Hooper \ '\ 1- City Manager \ ~ o o u v u SPECIAL ACTIVITY PERMIT THE DOG HOUSE SALOON 307 N. RIDGEWOOD AVENUE EDGEW A TER, FLORIDA 32132 APPLICANT -Leslie Peterson FUNCTION: Customer Appreciation Day SPECIAL ACTIVITY PERMIT REQUIREMENTS 1. A Special Activitv Permit has been issued for The Dog House Saloon "Customer Appreciation Day" event, to be held on March 10, 2006 (with rain date of March 11, 2006). Hours of event are from 12:00 p.m. until 9:00 p.m. No outdoor music is proposed. (1 day at $200.00 per day. Fee of $200.00 paid). 2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity.) 3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall comply with parking requirements for that use. 4. A description of adequate provisions for parking will be supplied in advaqce to the Planning Department for staff review. Applicant must obtain written permission from all property owners granting authorization to use their property for this event, including use for parking facilities. Applicant will supply adequate manpower for parking vehicles . during the event. 5. . Applicant will provide the City Clerk with a bond or an insurance policy of at least $200,000 to protect City from liability in form and substance acceptable to City. . 6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of the event. (Including potable water, if necessary) 7. The City shall provide scheduled and unscheduled inspections prior to and/or during the special activity by police, fire, code compliance, building and/or city administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity permits that include outdoor entertainment may require a code compliance officer to remain on site during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter. Appropriate State of Florida agencies are responsible for the inspection of amusement rides and public food preparation facilities. 8. The proposed use will substantially comply with the appropriate Life Safety Code and Building Code requirements. Plans must be approved by Fire and Police Departments. 9. No signage for advertising the event shall be placed on any public right-of-way. Any signs used for the event must be permitted and inspected by the Building Department. All signs shall be removed within 1 day at the end of the event. o 10. The proposed use is limited to a specific period of time listed on the Special Activity Application, not to exceed one day. 11. The number of special activities at any given location or address shall not exceed one 10- day period and two I-day charitable events/activity between the dates of January 1 st through June 30th; and one 10-day period and two I-day charitable events/activity between the dates of July I st through December 31 st. A letter of authorization from property owner must be supplied to the City. 12. The proposed use will operate only during the specific daily time period requested on the application. 13. The proposed activity will direct on-site lighting away from. adjacent parcels and roadways. 14. It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshal shall verify such compliance is obtained. o 15. No electrical cords shall be placed across driveways or driving lanes. 16. No open flames permitted. 17. Fire extinguishers (minimum size 2A40BC) must have valid inspection tags and must be on site at all times and be readily available. The quantity of fire extinguishers to be determined by the Fire Department. 18. Access roadways must be maintained at a minimum width of20 feet. 19. Overnight parking or camping is prohibited. 20. For events taking place in grass lots or fields, the vegetation must be cut prior to set up. 21. Individual vendors must register with the City Clerk and food vendors must have proper state inspections. {Department of Business and Professional Regulations will do inspections (800-375-6975), fees may be required by the State}. 22. Applicant is responsible for leaving property clear of all trash, garbage and litter. 23. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three times the cost of the application fee as well as all associated City fees. No o 2 '-> Q u further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one-year period. A repeat offender is defined as a sponsor/promoter who violates any of the conditions of the special activity permit more than one time in a six-month period. 24. Must provide adequate parking for those in attendance. 25. All off site parking will require a traffic detail and off site property owner approval. 26. No parking is permitted in public right-of-ways or in the site visibility triangle. (See Exhibit "A", attached.) 27. A special activity requesting road closures will provide "road closed" SIgns and barricades. 28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide "congested area ahead" signs along with and additional generated light system that will illuminate the area of crossing/congestion. 29. The City shall monitor noise levels to determine if a public nuisance exists. The permit holder shall comply with the City's determination. The special activity permit is subject of revocation if owners fail to comply with noise abatement. Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances shall be upheld. (See Exhibit "B", attached.) 30. No outdoor entertainment and no amplified public address system shall be permitted. ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT: 1. Access must remain open to the rear of the building to allow emergency vehicle access to the business; 2. No fire hydrants shall be obstructed in any way, which would prevent immediate access for its use; 3. The occupant load of the assembly area may never be exceeded; 4. Daily fire, life safety and code inspections will be conducted throughout the duration of the Permit; 5. The applicant must fully comply with Section 21-37 (Special Activity Requirements) of the Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances; 6. No parking is permitted in public right-of-ways or in the site visibility triangle; 3 7. U.s. Hwy 1 must be marked with cones in front of the business to slow traffic and prevent accidents; 8. Motorcycle parking along U.S. Hwy 1 during heavy attendance must be discouraged and moved to off-site areas for safety reasons. Signage prohibiting parking along roadway and enforcement action to support such shall be in place. I AM AWARE THAT I WILL BE RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL SERVICES ARE REQUIRED FOR THIS EVENT. REIMBURSEMENT FOR SERVICES AT THE RATE OF $31.26 PER HOUR PER OFFICER WILL BE REQUIRED IF THE CODE COMPLIANCE OFFICER HAS TO RESPOND MORE THAN ONE TIME EACH DAY TO AFTER DUTY HOURS COMPLAINTS. I have read and understand that I must comply with the above conditions. Signature Date Permit Reviewed! Approved by: Police Chief Fire Chief Permit issued by: Darren Lear, Development Services Director Date CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Development Services Director 4 ... o o o EXHIBIT "A" '-> 21-38.03 - Site Triangle ,Requirements u u a. Nothing shall be erected, planted or placed in a manner as to materially impede vision between a height oftwo and one-half feet (2 W') to ten feet (10') above the intersecting street right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from the intersecting right-of-way lines. These regulations may also apply in commercial ingress and egress driveway areas if the TRC determines that a safety hazard may exist. CORNER lOT IZd VISIBIL IfY l~ IA IlGL E '\. EXHIBIT "B" o CHAPTER 10 (Health and Sanitation) ARTICLE ll. NOISE Sec. 10-22. General restrictions. (a) No person shall operate or cause to be operated any source of sound from any subject parcel in such a manner as to create a noise nuisance or sound level which exceeds the, limits set forth for the use occupancy in Table I, when measured at the property boundary of the subject property from which the sound emanates. (b) Sound or noise emanating from one use occupancy category into another use occupancy category with a different noise level limit shall not exceed the limits of the use occupancy category into which the noise is projected. TABLE 1 Noise Restrictions Use Occupancy Catee:ory Time Sound Level Limit (dBA) Residential 8:00 AM - 9:00 PM 60 9:00 PM - 8:00 AM 50 Commercial 7:00 AM -10:00 PM 65 10:00 PM - 7:00 AM 60 , Manufacturing All times 75 Noise Sensitive Zone All times 50 o o 1 u '-> u page 1 or 1 Robin Matusick From: Chuck Simpson [csimpson@fhcp.com] Sent: Monday, February 06, 2006 4:30 PM To: rmatusick@cityofedgewater.org Subject: FW: Special Activity Permit Application March 10,2006 submitted by the Do House Saloon. From: Chuck Simpson Sent: Monday, February 06, 2006 4: 11 PM To: 'rmatusic@CityofEdgewater.org' Subject: Special Activity Permit Application March 10,2006 submitted by the Do House Saloon. Florida Health Care Plans has a number of concerns starting with the traffic flow onto and off of Evergreen Street from the rear driveway for the Dog House Saloon. FHCP has 6 physicians plus a pharmacy located in the building. With our pharmacy being open till 6 pm. that day. We anticipate upwards of 250 patients coming in and out of the building. Obviously, activities associated with Bike Week functions around our building will significantly impact patients receiving needed medical care. Not only the traffic issues of coming and going but the noise levels generated by the Bike Week Special Activities being considered for the Dog House Saloon. Allowing the Special Permit would also likely require our only security guard to have to spend an inordinate amount of time out in the parking lot and away from other necessary duties in our building. We appreciate your consideration in this matter and are hopeful of a favorable outcome, such as having the Dog House Saloon Special Activity Day on the weekend when our building is closed and patients are not being taken care of. Thank you. . 2/7/2006 .. ; v u u <'0 :-0 . AGENDA REQUEST Date: Februarv 1. 2006 PUBLIC HEARING Februarv 13. 2006 ORDINANCE X RESOLUTION BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: 2nd Reading - Ordinance No. 2006-0-02 The City of Edgewater requesting annexation of approximately 17.63:1: acres of land located southwest of the Edgewater Lakes Subdivision Phase la (Northstar Lane). OWNER: City of Edgewater APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Annexation PROPOSED USE: Animal Services Facilities/ future potable and reclaimed water storage LOCATION: Southwest of the Edgewater Lakes Subdivision Phase 1a (Northstar Lane) AREA: 17.63:1: Acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County - Urban Low Intensity ZONING DISTRICT: Volusia County - R-3 (Urban Single-Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Desie:nation Zonine: District North Vacant Low Density Residential and RPUD (Residential Planned Commercial Unit Develonment) East Vacant Low Density Residential and RPUD (Residential Planned Commercial Unit Develonment) South Vacant Volusia County - Industrial Volusia County A-3 and Urban Low Intensity (Transitional Agriculture), 1-4 (Industrial Park), and I-I (Light Industrial). West Vacant Volusia County - Urban Low Volusia County A-3 Intensity (Transitional Agriculture), 1-4 (Industrial Park), and I-I (Light Industrial) . AN-0517 - City . Background This property is located south and west of the Edgewater Lakes Subdivision, Phase la. The City has recently purchased the land from the County of Vol usia. The City proposes to utilize the property for an animal shelter as approved in the General Election of 2004. J 'i o At the January 11, 2006 Planning and Zoning Board meeting the Board voted to approve the annexation request. City Council voted to approve the annexation at first reading on January 23,2006. Land Use Compatibility The proposed use of the property is compatible with the surrounding area, which includes the proposed public/semi-public usage on the property to the south. Adequate Public Facilities All necessary infrastructure shall be constructed prior to the completion of the proposed facilities. Natural Environment The natural environment includes Pine/Mesic Oak, Scrub Oak and Wet Prairie; soils include Daytona Sand and Pompano- Placid Complex. An environmental analysis shall be completed prior to development. Comprehensive Plan Consistency The annexation of this property is not in conflict with the Comprehensive Plan. Other Matters There are no other know matters associated with this site. STAFF RECOMMENDATION 0 Staff recommends approving Ordinance No. 2006-0-02; annexing l7.63:f: acres ofland located southwest of the Edgewater Lakes Subdivision Phase la (Northstar Lane). ACTION REQUESTED Motion to approve Ordinance No. 2006-0-02. PREVIOUS AGENDA ITEM: YES X NO DATE: Januarv 23.2006 AGENDA ITEM NO. 6B Respectfully Submitted By: C90b./~t ~'r-t:.> Robiq.Matusick Paralegal. ~)dM neth R. Hooper ~r City Manager o AN-05!? - City 2 , ) u u u ORDINANCE NO. 2006-0-02 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED AT 3930 US HIGHWAY NO.1, VOL USIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEW A TER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOL USIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF ST ATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. City of Edgewater, owner/applicant for annexation of property located at 3930 US Highway No.1, within V olusia County, Florida. Subject property contains approximately 17.63 :t acres. 2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on January 11, 2006, the Board recommended by a vote of7 to 0 that the property be annexed into the City of Edgewater. Struck tIuotlgh passages are deleted. Underlined passages are added. 2006-0-02 1 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEW A TER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edge water are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B". 3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies ofthis ordinance shall be filed with the V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia County Manager, the Mapping Division of the V olusia County Growth Management Department, and the Department of State. PARTB. 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. StltKk t1uongh passages are deleted. Underlined passages are added. 2006-0-02 2 , ! ~ o o o , o o u 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. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion by Councilwoman Rhodes and Second by Councilwoman Rogers, the vote on the first reading of this ordinance held on January 23,2006, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers X Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X Stll1ck t1uongh passages are deleted. Underlined passages are added. 2006-0-02 3 After Motion by and Second by the vote on the second reading/public hearing of this ordinance held on February 13,2006, was as follows: Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter AYE NAY PASSED AND DULY ADOPTED this 13th day of February, 2006. 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: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Stltl~k tlllotl~h passages are deleted. Underlined passages are added. 2006-0-02 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 13th day of February, 2006 under Agenda Item No. 6 4 ... o o o .r u u u EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. PARCEL I: A portion of U.S. Lots 1 and 2, Section 13, Township 18 South, Range 34 East, being described as follows: As a point of reference begin at the Northwest comer of U.S. Lot 2, Section 13, Township 18 South, Range 34 East; thence N 68038'36" E, along the North line of said U.S. Lot 2, a distance of 154.03 feet; thence S 28002'31" E, a distance of 439.34 feet; thence S 14010'55" E, a distance of 483.39; thence S 22048'24" E, a distance of 198.47 feet to the South line of said U.S. Lot 2; thence S 87035'58" W, along said South line, a distance of 531.19 feet to the West line of said U.S. Lot 2; thence S 00050'02" E, along the East line of said U.S. Lot 1, a distance of 84.36 feet; thence S 89032'43" W, a distance of210 feet; thence N 00050'02" W, a distance of 1010.00 feet to the North line of said U.S. Lot 1; thence N 68038'36" E, along said North line, a distance of224.23 feet to the Point of Beginning. . PARCEL II: A portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East and being more particularly described as follows: As a point of reference commence at the Northwest comer of U.S. Lot 2, Section 13, Township 18 South, Range 34 East; thence N 68038'36" E, along the North line of said U.S. Lot 2, a distance of 154.03 feet; thence S 28002'31" E, a distance of439.35 feet; thence S 14010'55" E, a distance of 387.51 feet for the Point of Beginning; thence N 83050'50" E, a distance of 505.89 feet; thence S 25006'23" E, a distance of 164.34 feet; thence S 57044'13" E, a distance of 283.75 feet to the Southerly line of said U.S. Lot 2; thence S 87035'58" W, along said Southerly line, a distance of 712.85 feet; thence N 22048'24" W, a distance of 198.47 feet; thence N 14010'55" W, a distance of 95.89 feet to the Point of Beginning. Containing 17.63 :!: acres more or less. StI nGk tlll on~h passages are deleted. Underlined passages are added. 2006-0-02 5 " N 6 € .ch Cl> 0- 8- ~ t:: .fa Ii: ~ 9 .-'"'1 ] ~ g~~Z P ~ r ~i o ~ o ~D o ... ~ <L. .. AGENDA REQUEST u Date: Februarv 1. 2006 PUBLIC HEARING Februarv 13, 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 2nd Reading - Ordinance No. 2005-0-51 Trajan Joe Sfera, requesting an amendment to the Official Zoning Map to include 12.01:1: acres ofland located west of US Highway 1 and south of Relocation Road and 4100 S. US Highway 1 as B-3 (Highway Commercial). APPLICANT/AGENT: Trajan Joe Sfera OWNER(S): Trajan Joe Sfera, Persa Sfera, Jon Sfera and Selvie Sfera REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3 (Highway Commercial). UPROPOSED USE: There are no proposed changes or improvements to the property at this time. LOCATION: West of US Highway 1 and south of Relocation Road and4100 S. US Highway 1 AREA: 12.01:l:: acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County - Industrial ZONING DISTRICT: Volusia County - 1-1 (Light Industrial). VOTING DISTRICT: 4 SURROUNDING AREA Current Land Use North Manufacturing Facilit Nacant East Commercial-Restaurant FLUM Desi ation Volusia County - Industrial Zonin District V olusia County - 1-4 (Industrial Park) Volusia County - B-4 (General Commercial)/I -3W (Waterfront Industrial) Volusia County - B-4 (General Commercial)/ A-3 (Transitional A iculture) Volusia County - 1-4 (Industrial Park) Volusia County~ Commercial/lnd ustrial Vacant Volusia County- Commercial/Urban Low Intensit Volusia County - Industrial South Commercial- Restaurant RZ-0517 Sfera . . Background These parcels are located south of 4100 US Highway 1 (formerly KHS Kayat) a manufacturing facility and to the west of Boston Whaler. o This property was annexed into the City on December 6, 2004. The Future Land Use Map amendment was transmitted to DCA for review on June 16,2005 and adopted by Council on October 10, 2005. The Planning and Zoning Board voted to send a favorable recommendation to Council for the proposed Zoning Map amendment on September 14, 2005. City Council voted to approve Ordinance 2005-0-51 at first reading on November 7,2005. Land Use Compatibility The proposed zoning designation for this property is compatible with surrounding current and proposed uses. Adequate Public Facilities This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The City of Edgewater has verified that potable water is available along U.S. 1 and that sufficient water capacity exists for this project. This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant and is conveyed via a force main. County staff has indicated that there is adequate wastewater treatment and disposal capacity for this project. A traffic impact study will be required for development ofthis site. The traffic study shall be reviewed 0 for concurrency with current level-of-service roadway standards. Any indication ofa deficiency in roadway capacity due to the proposed project must be addressed and corrected prior to construction. Natural Environment Soil types located on this parcel includes Daytona Sand, 0-5% slope and Immokalee Sand. Vegetation types include Open water; Wet prairie; Scrub Oak; Temperate Hammocks. Due to this property having a Conservation Overlay designation an environmental analysis shall be required prior to development. Per the Comprehensive Plan Future Land Use Element: "The area designated as Conservation Overlay on the FLUM is not intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine whether development should be permitted or if some form of mitigation may be necessary." Consistency with Comprehensive Plan The B-3 zoning designation is compatible with the Commercial Future Land Use designation per Table III -I of the City of Edgewater Land Development Code. Other Matters Any development on this site will be required to meet all site design criteria as depicted in Article V of the Land Development Code. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2005-0-51; amending the Official Zoning Map to include 0 approximately 12.01:1: acres ofland located west of US Highway 1 and south of Relocation Road and 4100 S. US Highway 1 as B-3 (Highway Commercial). RZ-0517 Sfera 2 .. 't ACTION REQUESTED U Motion to approve Ordinance No. 2005-0-51. PREVIOUS AGENDA ITEM: DATE: 11-7-05 12-5'06 '-> '-> RZ-0517 Sfera ~~'~~Jc:> Robin Matusick Paralegal 3 YES X AGENDA ITEM NO. NO 6E 6E nneth R. Hooper City Manager ,"" ". . ORDINANCE NO. 2005-0-51 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY 1-1 (LIGHT INDUSTRIAL) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR PROPERTY LOCATED WEST OF U. S. HIGHWAY #1 AND SOUTH OF RELOCATION ROAD AND 4100 U.S. HIGHWAY #1, EDGEW ATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW ATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. o WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Trajan Joe Sfera, Persa Sfera, Jon Sfera and Selvie Sfera, owners of property located West ofU. S. Highway #1 and South of Relocation Road and 4100 U. S. Highway #1, Edgewater, Florida. . Subject property contains approximately 12.01 acres more or less. 2. The owners/applicants have submitted an application for a change in zoning o classification from County 1-1 (Light Industrial) to City B-3 (Highway Commercial) for the property described herein. 3. On September 14,2005, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 6 - 0, the Board recommended that City Council consider approval of the request. 4. On November 7, 2005, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on October 27,2005. StIl1ck thlOI1~h passages are deleted. Underlined passages are added. . 2005-0-51 1 o .. " 1 v u u 5. On December 5, 2005, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on November 25,2005, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. . 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from County I-I (Light Industrial) to City B-3 (Highway Commercial): The following described real property all lying and being in the County of V olusia StltlGk till otlgh passages are deleted. Underlined passages are added. 2005-0-51 2 '\ << and State of Florida: Parcel 5: o A part of U. S. Lot 1, Section 24, Township 18 South, Range 34 East, and being more particularly described as follows: Commence at the N.E. corner of said Section 24, thence N 87037'43" E along the North line of said Section 24, a distance of 3,877.35 feet to the Westerly Right-of- Way line ofU. S. No.1, a 158 feet Right-of-Way is now laid out; thence S 22055'51" E along said Westerly Right-of-Way a distance of 693.33 feet for the Point of Beginning; thence continue along said Westerly Right-of-Way line a distance of 350.00 feet; thence S 86058'19" W a distance of265.88 feet; thence S 220255'51" E a distance of346.56 feet; thence S 86018'56" W a distance of 774.65 feet; thence N 03041'04" W a distance of663.87 feet; thence N 86058'19" E a distance of810.96 feet to the Point of Beginning. Together with the right to use, for ingress and egress, a 60 foof road and utility easement being described as follows: Commence at the NW corner of said Section 24, Township 18 S, Range 34 E, thence N 87037'43" E along the N line of said Section 24, a distance of3,877.35 feet to the Westerly Right-of-Way line ofU. S. Highway No. 1, a 158 feet Right-of-Way is now laid out; thence S 22055'51" E along said Westerly Right-of-Way a distance of 661.42 feet for the Point of Beginning; thence S 86058'19" W a distance of2,132.80 feet; thence S 02022'17" E a distance of 60 feet; thence N 86058'19" E a distance of 2,155.21 feet to the said Westerly Right-of-Way ofU. S. No.1; thence N 22055'51" W along said Right-of-Way a distance of63.81 feet to the Point of Beginning, being a part of Section 24, Township 18 S, Range 34 E. o Containing 12.01 :i: acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the StlllGk thlOllBh passages are deleted. Underlined passages are added. 2005-0-51 3 o ,. u v u above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PARTD. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PARTE. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Stltlck t1uotlgh passages are deleted. Underlined passages are added. 2005-0-51 4 PART G. ADOPTION. After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the first reading of this ordinance held on November 7,2005, was as follows: AYE NAY Mayor Donald A. Schmidt x Councilman James P. Brown x Councilman Dennis Vincenzi x Councilwoman Harriet E. Rhodes x Councilwoman Judy Lichter x During the second reading/public hearing held on December 5, 2005, the City Council voted to continue this hearing until January 9, 2006. During the City Council meeting on December 19, 2005, Council announced a further continuation until February 13,2006 due to the January 9,2006 meeting being canceled. Stt I1ck t1u ol1gh passages are deleted. Underlined passages are added. 2005-0-51 5 , o o o , u v u Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter AYE NAY PASSED AND DULY ADOPTED this 13th day of February, 2006. 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: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP StI uck through passages are deleted. Underlined passages are added. 2005-0-51 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Legal AssistantlParalegal Approved by the City Council of the City of Edgewater at a meeting held on this 13th day of February, 2006 under Agenda Item No. 6 6 i' ~ l! ~ & ~ <lZ :!l ,f ~j . ~ . ~~I ........ ',,- o o . II ," . ,,; ", . . . ." . . .----" .J 1 j___J I I I I 1- _ _ . .1 I --- ---.. o -.. - - ~.--.-.- - f Q o u "I ,.~. AGENDA REQUEST Date: Februarv 1. 2006 PUBLI C HEARING Februarv 13. 2 006 ORDINANCE X RESOLUTION BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: 1st Reading - Ordinance No. 2005-0-56 Paul Newsom requesting an amendment to the Official Zoning Map to include 12.38:1: acres of land located at 2203 and 2295 Cow Creek Road as AG (Agriculture) and RT (Rural Transitional) . APPLICANT/AGENT: Paul Newsom OWNER: Paul and Tomoko Newsom and Robert E. Jalbert Jr. REQUESTED ACTION: Amendment to the Official Zoning Map to include property as AG (Agriculture) and RT (Rural Transitional). PROPOSED USE: Residential/agricultural LOCATION: 2203 and 2295 Cow Creek Road AREA: 12.38:1: acres CURRENT LAND USE: Single Family Residential and Agricultural FLUM DESIGNATION: Agriculture and Low Density Transition with Conservation Overlay ZONING DISTRICT: Volusia County - A2 (Rural Agriculture) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Desie-nation Zonine- District North Borrow Pit Agriculture with Conservation Volusia County A-3 Overlay (Transitional AlITiculture) East Single family Volusia County Rural Volusia County A-2 (Rural Residential AIITiculture) South VacantlSingle family Volusia County Rural Volusia County A-2 (Rural Residential Ae:riculture) West Vacanti Agriculture Volusia County Rural and City Volusia County A-2 (Rural of Edgewater Mixed Use with Agriculture) Conservation Overlay RZ-0409 - Jalbert-Newsom /I to t Background This parcel is located on the southeast corner of Cow Creek Road and Eels Grove Road. Staff has not received any proposed development plans at this time. The Future Land Use Map amendment was adopted by City Council on October 10, 2005 and approved by DCA in December 2005. o Land Use Compatibility The current use of this property is compatible with the surrounding area, which is residential and agricultural in nature. Adequate Public Facilities This site has access to Cow Creek Road and Eels Grove Road. City water and sewer is not available at this time. Those facilities must be extended to this site at the developer's expense prior to any further development of the property. Natural Environment Soil types include Eau Gallie Fine Sand; Vegetation - Generalized Agriculture Open Water. Due to the Conservation Overlay Future Land Use designation, any further development of the site shall require an Environmental Impact Study be provided to stafffor approval. Consistency with Comprehensive. Plan The proposed zoning designations are compatible with the adopted Future Land Use Map designations. Other Matters There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2005-0-56: amendment to the Official Zoning Map to include 12.38:1: acres of land located at 2203 and 2295 Cow Creek Road as AG (Agriculture) and RT (Rural Transitional). 0 ACTION REQUESTED Motion to approve Ordinance No. 2005-0-56. PREVIOUS AGENDA ITEM: YES X NO DATE: December 5. 2005 AGENDA ITEM NO. 6F Respectfully Submitted By: ~~~b Robin Matusick ' Paralegal o RZ-0409 - Jalbert-Newsom 2 \ 7P ~ v v u ORDINANCE NO. 2005-0-56 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICA TION FROM COUNTY A-2 (RURAL AGRICUL TURE) TO CITY AG (AGRICULTURE) AND RT (RURAL TRANSITIONAL) FOR PROPERTY LOCATED AT 2203 AND 2295 COW CREEK ROAD, EDGEW A TER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: I. Paul and Tomoko Newsom and Robert E. Jalbert, Jr., are the owners/applicants for property located at 2203 and 2295 Cow Creek Road, Edgewater, Florida. Subject property contains approximately. 12.38 acres more or less. 2. . . The owner/applicant has submitted an application for a change in zomng classification from County A-2 (Rural Agriculture) to City AG (Agriculture) and RT (Rural Transitional) for the property described herein. 3. On November 9, 2005, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 6 - 0, the Board recommended that City Council consider approval of the request. 4. On December 5, 2005, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on November 23,2005. StIUGk tluongh passages are deleted. Underlined passages are added. 2005-0-56 5. On December 19,2005, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on De~ember 8, 2005, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. r- 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from County A-2 (Rural Agriculture) to City AG (Agriculture) and RT (Rural Transitional). The following described real property all lying and being in the County of V olusia StI uc,k tluOtlgh passages are deleted. Underlined passages are added. 2005-0-56 2 I \ , ". o o o .I ~ u u u and State of Florida. PARCEL #1 A part of Lots 7 and 8, Model Land Company's Subdivision of Lots 1 and 2 and fractional Northeast 1/4 of Section 8, Township 18 South, Range 34 East per map in Map Book 5, Page 188 of the Public Records of Vol usia County, Florida, excepting therefrom that part now in Florida East Coast Railway R/W per Warranty Deed as recorded in Official Records Book 156, Page 57, Public Records of V olusia County, Florida, all being more particularly described as follows: Commence at the Southwesterly comer of Lot 9, said Model Land Company Subdivision, said point of commencement also being the center of said Section 8, Township 18 South, Range 34 East; thence North 01002'59" West along the Westerly line of said Lot 9, a distance of660.38 feet; thence North 89036'50" East, a distance of 428.37 feet to a point on the Easterly R/W line of said FEC Railway R/W, said point being 300.00 feet Easterly of as measured at right angles to the centerline of said R/W; thence North 17059'46" West along the said Easterly R/W, a distance of205.73 feet for the Point of Beginning; thence continue North 17059'46" West, a distance of 487.29 feet to the Northerly line of said Lot 8; thence North 89033'41" East along the Northerly line of said Lots 7 and 8, a distance of 790.21 feet; thence South 0 1 002'44" East, a distance of 232.60 feet; thence North 89033'41" East, a distance of 215.00 feet; thence North 01002'44" West, a distance of232.60 feet to the Northerly line of said Lot 7; thence North 89033'41" East along said Northerly line, a distance of 124.42 feet to the Northeast comer of said Lot 7; thence South 01002'44" East along the Easterly line of said Lot 7, a distance of 330.81 feet; thence South 89035'15" West, a distance of 677.98 feet; thence South 01002'52" East, a distance of 134.40 feet; thence South 89036'50" West, a distance of 309.58 feet to the .Point of Beginning. Excepting therefrom the Northerly 30.00 feet of the above described property for road purposes. With an easement for egress and ingress over the East 15 feet of the North \Ii of Lot 7. Less and except that portion deeded in Official Records Book 4359, page 2243, Public Records of Vol usia County, Florida, also: That portion of Lot 8, Model Land Company Subdivision of Lots 1 and 2, fractional Northeast Quarter of Section 8, Township 18 South, Range 34 East, V olusia County, Florida, lying Easterly of the centerline of Cow Creek Road, also known as Maytown Road, as it now exists. PARCEL #2 A part of Lot 8, Model Land Company's Subdivision of Lots 1 and 2 and fractional Northeast 1/4 of Section 8, Township 18 South, Range 34 East per map in Map Book StItlck t1'longh passages are deleted. Underlined passages are added. 2005-0-56 3 ... " 5, Page 188 of the Public Records of V olusia County, Florida, and being more particularly described as .follows: o Commence at the Southwesterly corner of Lot 9, said Model Company Subdivision, said point of commencement also being the center of said Section 8, Township 18 South, Range 34 East; thence North 01002'59" West along the Westerly line of said Lot 9, a distance of 660.38 feet; thence North 89036'50" East, a distance of 428.37 feet to a point on the Easterly R/W line of the FEC Railway R/W, said point being 300,00 feet Easterly of and measured at right angles to the centerline of said R/W and for the Point of Beginning; thence North 17059'46" West along the said Easterly R/W line, a distance of205.73 feet; thence North 89036'50" East a distance of309.58 feet to the Easterly line of said Lot 8; thence South 01002'52" East along said Easterly line, a distance of 196.10 feet to the Southeast comer of said Lot 8; thence South 89036'50" West along the Southerly line of said Lot 8, a distance of249.61 feet to the Point of Beginning. The Southerly 30.0 feet of Lot 8, subject to an easement for ingress and egress per OR 1223, Page 309, Public Records of Vol usia County, Florida. A portion of Lot 8, Model Land Company Subdivision, according to map thereof recorded in Map Book 5, Page 188, of the Public Records of Volusia County, Florida, and being more particularly described as follows: Commence at the Southeast corner of said Lot 8, thence South 89036'50" West, along the Southerly line of Lot 8, a distance of 249.61 feet for the Point of Beginning; said point being 300 feet Easterly of and measured at right angles to the old centerline of the Florida East Coast Railway; thence continue South 89036'50" West, a distance of 105.00 feet; thence North 17059'46" West, and parallel with said centerline of the railroad, a distance of 105.00 feet; thence North 89036'50" East, a distance of 105.00 feet; thence South 17059'46" East, a distance of 105.00 feet to a point of Beginning. o Containing 12.38 i: acres more or less. Map of subject property is reflected on Exhibit" A" and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the Stltlck tlllotl~h passages are deleted. Underlined passages are added. 2005-0-56 4 o ~ i '-.J v u above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. StI UGk tlu ough passages are deleted. Underlined passages are added. 2005-0-56 5 --- PARTG. ADOPTION. During the December 5, 2005 City Council meeting, Council continued the first reading of this ordinance until January 9,2006. During the City Council meeting on December 19, 2005, Council announced a further continuation until February 13, 2006 due to the January 9, 2006 meeting being canceled. After Motion by and Second by the vote on the first reading of this ordinance held on February 13,2006, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter After Motion by and Second by the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter Stl tlck till otl~h passages are deleted. Underlined passages are added. 2005-0-56 6 " , o o o .. u u u PASSED AND DULY ADOPTED this 27th day of February, 2006. 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: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP StltlGk tlll ollgh passages are deleted. Underlined passages are added. 2005-0-56 7 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Legal AssistantlParalegal Approved by the City Council of the City of Edgewater at a meeting held on this 27th day of February, 2006 under Agenda Item No. 6 - ---- .- ---- --- --- -- ! . I I i !'eE '.&ll I,l! a <Iz ~ I [.111 t5~ I . _~~I. 1_ _ .. .__. _._... . \ \ \ \ \ ~\\ \ ~ \ ~ \ ~ \ . \ ...". \ \ ~....., \ \ \..~.....\ . '-~-::-...:-~ -~.. ... ~Il> .. .. " - \ \~.... \\ " n' \\ ~\ ~ I I' ~ .. ) -' , \\ ...... / / ..... ~,.. ( ~ ...... ~\'" \" ..." )~ --~ t... '1 -- . ' -- ~ .- ,-- ~.... ' \.- .. .. .. ... ... .. 1-] _ .. J\----- c ~) l._.. ___ ,-- , .-' ".' , ".-- "" ...., " I .... I ' .,_ .... ! ...... , j . _.>~ /' ' .".' J'.. """,~~,:=~,.~~.;:::,;>,,,- .". . ,,' ~ ..... /J----..// .. /--) ./- / ~./ \ /.<~./.. t'" /./. .... /...... .....- /. ///1'" , ,,' \..9~.. . ",-.:::::': ':. . " I /_. .// ,. ,- ..---- 1 "'H I . ". I, j' -- tL ."J"" J-.. ~ Xi LS'ARRVo ..j '" \ / ~~ -' .- -\ \ .....- ..~..-. j") ~ ".. / r' l \J(, / ~ .' .. .. o o ./-- o ~ t u u u c..G-. AGENDA REQUEST Date: February 1. 2006 PUBLI C HEARING February 13. 2006 ORDINANCE X RESOLUTION BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: 1 st Reading - Ordinance No. 2006-0-03 Visconti Construction LLC, requesting an amendment to the Official Zoning Map to include 2.44 acres of land located at 3609 and 3625South US Highway I, including the yacant parcels to the north and east as B-3 (Highway Commercial) and R-3 (Single-Family Residential) . OWNER: Diversified Flooring Inc. APPLICANT/AGENT: Visconti Construction LLC REQUESTED ACTION: Amend the Official Zoning Map to include property as B-3 (Highway Commercial) (1.41::1: acres) and R-3 (Single Family Residential) (1.03::1: acres). PROPOSED USE: Maintain the existing commercial usage and develop single-family residential along Canal Drive. LOCATION: 3609 and 3625 South US Highway I, including the vacant parcels to the north and east. AREA: 2.44::1: Acres CURRENT LAND USE: Commercial and vacant FLUM DESIGNATION: Volusia County - Commercial ZONING DISTRICT: Volusia County - B-4W (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Desi~nation ZoninlZ District North Vacant Volusia County - Urban Low Volusia County - R-3W (Urban Intensity Simde Family Residential) East Single Family V olusia County - Urban Volusia County - R-4W (Urban Residential J Medium Intensity Simde- Familv Residential) South Commercial Volusia County - Commercial Volusia County - B-4W (General Commercial) West Vacant Commercial B-3 (Highway Commercial) Background This property is located south of Godfrey Road and east of US Highway 1. The proposed annexation site contains several contiguous parcels. A portion of the site contains Diversified Flooring, which has retail sales and a warehouse. The applicant is proposing to maintain the commercial portion of the property abutting US Highway 1 and create four (4) 75-foot x 150-foot residential lots with access RZ-0516 - Visconti -. to Canal Drive. . The annexation and Future Land Use Map amendments were approved by the Planning and Zoning Board at their August 9, 2005 meeting by a vote of 5-0. The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of September 14, 2005 for Zoning Map amendment. o City Council adopted the annexation, and Future Land Use Map amendment on September 12, 2005. Land Use Compatibility The existing and proposed use of these parcels is compatible with the surrounding area. US Highway 1 frontage property is generally commercial in nature. The existing commercial usage is compatible with the other commercial designations in the immediate vicinity. New commercial development or redevelopment shall be required to meet all requirements as set forth in the Land Development Code. The proposed residential usage along Canal Drive is consistent the properties to the east and north, which are single-family residential. Adequate Public Facilities These parcels have access to US Highway 1 and Canal Drive. Waterway Park is currently served by the City of Edgewater potable water system, and a 12-inch water line fronts the commercial property along the eastern right-of-way of US Highwayl. A six-inch (6") sewer force main also fronts the commercial property within the US Highway 1 eastern right-of-way. US Highway 1 currently operates at a Level of Service "B" in this area. Per the City of Edgewater Fire Rescue Department, the approximate response time to this property is five (5) minutes. Natural Environment There are no known environmental issues associated with the subject properties. o Comprehensive Plan Consistency The proposed zoning classifications of B-3 (Highway Commercial) and R-3 (Single Family Residential) are compatible with the adopted Commercial and Low Density Residential Future Land Use designations. Other Matters Any development or redevelopment on the Commercial portion of the site shall require site plan approval. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-03; an amendment to the Official Zoning Map to include 2.44 acres ofland located at 3609 and 3625 South US Highway 1, including the vacant parcels to the north and east as B-3 (Highway Commercial) and R-3 (Single-Family Residential). ACTION REQUESTED Motion to approve Ordinance No. 2006-0-03. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. ~~lh~ Robin Matusick Paralegal o RZ-0516 - Visconti 2 ;:- u ORDINANCE NO. 2006-0-03 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B-4W (GENERAL COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL) AND R-3 (SINGLE FAMIL Y RESIDENTIAL) FOR PROPERTY LOCATED AT 3609 AND 3625 SOUTH U.S. HIGHW A YNO.l, INCLUDING THE VACANT PARCELS TO THE NORTH AND EAST, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Visconti Construction, LLC, applicant for Diversified Flooring, Inc., owners of property located at 3609 and 3625 South U. S. Highway No.1, including the vacant parcels to the ( ... '-" north and east, Edgewater, Florida. Subject property contains approximately 2.44 acres more or less. u 2. The owner/applicant has submitted an application for a change in zoning classification from County B-4W (General Commercial) to City B-3 (Highway Commercial) and R-3 (Single Family Residential) for the property described herein. 3. On September 14,2005, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 6 - 0, the Board recommended that City Council consider approval of the request. 4. On February 13,2006, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer StlUck t1uotlgh passages are deleted. Underlined passages are added. 2006-0-03 1 on February 2, 2006. 5. On February 27,2006, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on February 16, 2006, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural envirorunent. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from County B-4W (General Commercial) to City B-3 (Highway Commercial) and R-3 (Single Family StlnGk t1uongh passages are deleted. Underlined passages are added. 2006-0-03 2 .... o o o r u u u Residential. The following described real property all lying and being in the County of V olusia and State of Florida. Lots 15, 16, 17, 18, 19,20 and 21, Re-Subdivision of Waterway Park, Sec 1, according the plat recorded in Map Book 19, Page 269, Public Records of Vol usia County, Florida. Also Lots 115, 116, 117, 118, 119 and 120, Waterway Park, Sec #2, according to the plat recorded in Map Book 19, Page 270, of the Public Records of Volusia County, Florida. Containing 2.44 :t acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PARTD. 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. Sh lick t1uoligh passages are deleted. Underlined passages are added. 2006-0-03 3 PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upo....n adoption. PARTG. ADOPTION. After Motion by and Second by the vote on the first reading of this ordinance held on February 13,2006, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter Stltlck tluollgh passages are deleted. Underlined passages are added. 2006-0-03 4 ... o o o u u v After Motion by and Second by the vote on the second reading of this ordinance was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter AYE NAY PASSED AND DULY ADOPTED this 27th day of February, 2006. 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: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP StI tick tluotlgl. passages are deleted. Underlined passages are added. 2006-0-03 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 27th day of February, 2006 under Agenda Item No. 6 5 C) c: .i: o -.2 ..u.. c:"C o Q) .-""'1 u Ii: ~z 1/1._ 5~ ~ is " ~ :e .::i ~ o o o u o u 1.(\. Agenda Request Date: ).. - \~- Cl ~ PUBLIC HEARING ORDINANCE RESOLUTION BOARD APPOINTMENT X CONSENT OTHER BUSINESS ITEM DESCRIPTION: The Edgewater Police Pension Board of Trustees elected fifth member of board. On December 16,2005, the Board of Trustees voted for Lawrence Leaf to be the fifth member. BACKGROUND: The Board of Trustees consists of five members. Two trustees are appointed by the Edgewater City Council. Two Trustees are police officers elected by their fellow officers. The four Trustees from a pool of interested citizens, who have submitted applications, select the fifth Trustee. BOARD RECOMMENDATION: Affirm the election of Lawrence Leaf to the Edgewater Police Pension Board. ACTION REQUESTED: Edgewater City Council affirm the election of Lawrence Leaf to the Edgewater Police Pension Board. FINANCIAL IMPACT: None. olice Pension Board of Trustees i ~',i\. .'> u AGENDA REQUEST Date: February L 2006 PUBLIC HEARING RESOLUTION ORDINANCE CONSENT 2/13/2006 OTHER BUSINESS CORRESPONDENSE ITEM DESCRIPTION: Final approval of the Ford Motor Credit Company Lease purchasing capital equipment which was approved with the adoption of the annual 2006 operating budget - See Attached List BACKGROUND: This item original appeared before Council during the budget workshops and fma1 budget hearings as an affordable solution to address safety concerns associated with an aging fleet of vehicles. In an effort to meet the needs of the City and the Community, staff has determined it to be necessary to enter into a Master LeaseIPurchase Agreement with Ford' Motor Credit Company. The capital lease program allows the City to obtain all previously approved capital equipment with minimal impact to the authorized Operating Budget for fiscal year 2006. All items have been purchased from the State of Florida and Sheriff's Bid, fmal approval will result in total savings of$ 150,968.75 STAFF RECOMMENDATION: u Staff respectfully recommends that Council consider approval ofFord Motor Credit Company Lease authorizing the City Manager to execute the Master Lease Agreement with Ford Motor Credit in the amount $836,190. ACTION REQUESTED: Final approval ofFord Motor Credit Company Lease authorizing the City Manager to execute the lease agreement and associated documents. FINANCIAL IMPACT: (FINANCE DIRECTOR) UI7,J C'J1 i/J ,It)(lr;; ?tJc." l 6vuIc e J- cI(.#- eVfC'(r..C.""'?' (;/'}tA qq?/tli/<-" ? li ~ 4Hortl'/t:?r (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) . l I PREVIOUS AGENDA ITEM: YES .,/" NO DATE: ~ - J....(., - ~:5' AGENDA ITEM NO. ~aC., ~1- ~~. ...J \ . Concurrence: /i. n C. Williams Finance Director ~'-C,Cj0 Robin L. Ma sick Paralegal u ~-~..~~ t~ eth R. Hooper City Manager . 16 14:06:39 2005 crev13ton,A aCreV13 raye; ,.. ,; LEASE/PURCHASE FINANCING PROPOSAL FOR City of Edgewater, FL REVISED Schedule: 6245501 o Term in Months Payment Timing Payment Amount Underwriting Fee Payment Factor Total Amount Funded Annual Percentage Rate 60 5 Annual in Advance $186,107.46 $350.00 Financed 0.222566 $836,190.00 5.65% APR AND PAYMENT FACTOR ARE APPLICABLE TO TOTAL AMOUNT FINANCED BETWEEN $300,000 - $1 Mil The quote is good until 02/28/2006. Vehicle delivery must take place and all required documentation and payments must be received by Ford Credit by the good thru date. After 0212812006, rates and payments are subject to change. ............... EOUIPMENT DESCRIPTION ................... Description 2006 Ford Crown Victoria Police Sedans 2006 Ford Explorer 4x4 2006 Ford F250 4x2 PU 2006 Ford Explorer 4x4 2006 Ford E350 Extended Club Wagon 2006 Ford F150 4x4 2006 Ford F150 4x4 2006 Ford F550 C/C w/Flat Bed Dump Truck 2006 Ford F150 4x2 2006 Ford F350 4x2 - Trash' Trucl< 2006 Ford F250 4x4 2006 Ford F150 4x4 2006 Sterling Acterra - Clam Truck (Atlantic Ford) 2006 Sterling L T9513 - Semi Tractor (Atlantic Ford) 2006 Sterling Acterra - Refuse Trucks (Atlantic Ford) 2006 Ford F750 CIC wlDump Body (Atlantic Ford) Q!'l:. 4 2 1 1 1 1 1 1 1 1 1: 1 1 1 3 1 Est. Deliverv Date 02/15/2006 Equipment Cost $89,288.00 $43,364.00 $17,978.00 $25,477.00 $20,792.00 $21,424.00 $22,33200 $29,668.00 $16,683.000 $28,009.00 $20,310.00 $18,253.00 $88,27500 $67,431.00 $281,502.00 $45,05400 TOTAL EQUIPMENT COST AFTER DOWNITRADE ($0.00): $835,840.00 *****************K****************.************************ The above financing proposal has been arranged by Ford Motor Credit Company, for submission to City of Edgewater, FL. This proposal is for financing only and is subject to: 1. Completion of mutually acceptable documentation substantially in the Form of the enclosed sample documents 2. A review of the proposed essential use of the equipment and a Final credit review of City of Edgewater, FL by the fundin~ source. 3. No material adverse change in the financial condition of City of Edgewater, FL prior to Funding 4. No change in Federal or applicable state or local tax, regulations, case law, rulings, or other interpretations by the Internal Revenue Service that would affect adversely any Federal, State, or local tax benefit assumed in determining the above proposal. o .. .' Ford Motor Credit Company U 1 American Road P.O. Box 1739 Dearborn, Michigan 48121-1739 January 20, 2006 Mr. Kenneth R. Hooper, City Manager City of Edgewater 104 N. Riverside Dr Edgewater, FL 32132 Subject: Master Equipment Lease-Purchase Agreement - Lease No. 6245500 Dear Mr. Hooper: Enclosed are the subject documents for the Equipment being acquired from Duval Ford. Please review the following documentation for accuracy: u · Opinion of Counsel - Please have your attorney sign where indicated. · Amendment - Please sign where indicated. If not appropriate, line through the form and return unsigned. · Schedule 6245501, Page 1 - Please sign where indicated. · Delivery and Acceptance Certificate(s) - Please sign and indicate the date the Equipment was accepted by you or your authorized representative. · Temporary Insurance Form - Please complete and sign where indicated. · 8038-G - Please review and sign where indicated. On your behalf, we will forward the signed original form to the IRS., · UCC-1 - Please review and return. (At time' of delivery, we will process UCC-1 s as needed.) · Also, if you haven't already done so, please be sure to forward the original SIGNED AND NOTARIZED Municipal Financing Application upon execution of the documents. Also enclosed is an invoice for the first payment check payable to Ford Motor Credit Company in the amount of $186,107.46 for the first payment. Please return the check and all signed original documents by 2/3/06, preferably to the express mail address below. If documents cannot be returned by this date, or if you have any questions, please call me at 1-800-241-4199, Ext.172, and refer to Schedule 6245501. OverniQhtlExpress Deliverv u.S. ReQular Mail Ford Motor Credit Company Commercial Lending - MD 7500 1 American Road, Suite 2277 Dearborn, MI 48126 ATTN: Carol Tom, Municipal Finance Ford Motor Credit Company Commercial Lending - MD 7500 P. O. Box 1739, Suite 2277 Dearborn, M148121-1739 ATTN: Carol Tom, Municipal Finance After the documents are signed for Ford Motor Credit Company, a set of copies will be sent to you. Sincerely, Enclosures Linda Adamus Municipal Finance ( :ASE NOTE: The interest rate may be subiect to a rate increase or reQuire a rate extension fee if the ~cuments are not returned bv 02/28/2006. : FOLEY January 27,2006 FOLEY & LARDNER LLP ATTORNEYS AT LAW 111 NORTH ORANGE AVENUE. SUITE 1800 ORLANDO. FL 32801-2386 P. O. BOX 2193 0 ORLANDO, FL 32802-2193 407.423.7656 TEL 407.648.1743 FAX www.foley.com WRITER'S DIRECT LINE 407.244.3248 prosenthal@foley.com EMAIL CLIENT/MATTER NUMBER 025581.0101 Ford Motor Credit Company 1 American Road, Suite 2277 Dearborn, MI 48126 Re: Master Equipment Lease-Purchase Agreement 6245500 dated 11/05/1999 by and between Ford Motor Credit Company (Lessor) and City of Edgewater (Lessee) as Supplemented by Schedule 6245501 thereto (the "Master Agreement") Ladies and Gentlemen: We have acted as counsel to Lessee with respect to Master Lease described above, Schedule No. 6245501 to the Master Lease and various documents being executed in connection with Schedule 6245501 to the Master Lease and in this capacity have reviewed copies thereof. 0 The terms capitalized in this opinion but not defined herein shall have the meanings assigned to them in the Master Lease. In rendering this opinion we have relied on the attached Affidavit from Kenneth R. Hooper, City Manager for the Lessee, and have not undertaken an independent inquiry as to the matters set forth in such Affidavit. Based upon the examination of these and such other documents as we have deemed relevant, it is our opinion that: 1. Lessee is a political subdivision of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) police power. 2. Lessee has the requisite power and authority to purchase the Equipment (as defined in the Master Agreement) and to execute and deliver the Master Agreement and to perform its obligations under the Master Agreement. 3. The execution, delivery and performance by Lessee of the Master Agreement have been duly authorized by all necessary action on the part of Lessee. 4. The Master Agreement has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency and other similar laws affecting the enforcement of creditors' rights generally and by general equitable principles. o BOSTON BRUSSELS CHICAGO DETROIT JACKSONVILLE LOS ANGELES MADISON MILWAUKEE NEW YORK ORLANDO SACRAMENTO SAN DIEGO SAN DIEGO/DEL MAR SAN FRANCISCO SILICON VALLEY TALLAHASSEE TAMPA TOKYO WASHINGTON, D.C. WEST PALM BEACH ORLA_ 401062.1 v u u 5. There are no suits, proceedings or investigations pending or, to my knowledge, threatened against or affecting Lessee, at law or in equity, or before or by any governmental or administrative agency or instrumentality which, if adversely determined, would have a material adverse effect on the transaction contemplated in the Master Agreement or the ability of Lessee to perform its obligations under the Master Agreement and, to my knowledge, Lessee is not in default under any material obligation for the payment of borrowed money, for the deferred purchase price of property or for the payment of any rent under any lease agreement which either individually or in the aggregate would have the same such effect; an. 6. All required public bidding procedures, if any, regarding the award of the Master Agreement and the purchase of the Equipment have been followed by Lessee and no governmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or declarations are required to be filed in connection with the execution and delivery of the Master Agreement. This opinion may be relied upon by the addressee hereof and its successors and assignees of interests in the Lease, but only with regard to matters specifically set forth herein. Sincerely, Foley & Lardner LLP By: gJf ~ Paul E. Rosenthal, a partner Enclosure cc: Kenneth R. Hooper, City Manager ORLA_ 401062.1 o AFFIDA VIT STATE OF FLORIDA ) ) ) COUNTY OFVC-oY~) BEFORE ME, personally appeared the undersigned, who being first duly sworn upon oath, deposes and says: 7. That the Affiant is the City Manager ofthe City of Edgewater, Florida (the "City") and is authorized to execute this Affidavit on behalf of the City. 8. That this Affidavit is provided to Ford Motor Credit Company ("Ford") and Foley & Lardner LLP in connection with that certain Master Equipment Lease-Purchase Agreement 6245500 dated 11/05/1999 by and between Ford Motor Credit Company (Lessor) and 0 City of Edgewater (Lessee) as Supplemented by Schedule 6245501 thereto (the "Master Agreement"). 9. That the execution, delivery and performance by City of the Master Agreement have been duly authorized by all necessary action on the part of City. 10. That there are no suits, proceedings or investigations pending or, to my knowledge, threatened against or affecting City, at law or in equity, or before or by any governmental or administrative agency or instrumentality which, if adversely determined, would have a material adverse effect on the transaction contemplated in the Master Agreement or the ability of City to perform its obligations under the Master Agreement and City is not in default under any material obligation for the payment of borrowed money, for the deferred purchase price of property or for the payment of any rent under any lease agreement which either individually or in the aggregate would have the same such effect. 11. That all required public bidding procedures regarding the award of the Master Agreement and the purchase of the Equipment have been followed by City and no governmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or declarations are required to be filed in connection with the execution and delivery of the Master Agreement. Affiant recognizes that this Affidavit will be relied upon by Foley & Lardner LLP in connection the issuance of an Opinion of Counsel to Ford which is being required by Ford as a 0 condition for its execution of Schedule 6245501 to the Master Lease. In this regard, Affiant OR LA_ 401062.1 u u u represents on behalf of the Foley & Lardner LLP and Ford Motor Credit Company that the statements contained herein are true and correct in all respects. FURTHER AFFIANT SA YETH NAUGHT. ~~~L) . K nneth R. Hooper Sworn to and subscribed before me thi~th day Ofa.Prn-n~ ' 2006 by KENNETH R. HOOPER, who: ~ is/are personally known to me. e produced a current Florida driver's license as identification. e produced as identification. {Notary Seal must be affixed} ~uY~4 Signature of Notary ~ I '> (T-.1==\';t;:riJ('"}-Y Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal): My Commission Expires (~",,~~Wl!Wlf1J)}) seal): ~~~~t:l.~..~~ ~~. ~ cOMMIS,s/; :f~ ~'tiL . ~ .~ay 1 ~\. .~~ ~..,.-. ~' ,~ .,,~ ..... . '0. ".. ..- ==~.:;I" ~ ~ .~:: =~.!i;;1<0. CIl .~,= :::::)> . -: 00;1," .",== ~~."l:\,; 0<'6.1 '\iL~ ~ -<l . '\.:'o'Il\1n.-u r.? ~"o". ..,.- ~ ~~ ~ .~-3~r,:1. ~~~ ~'~7E Or r\.~~# '/1/11111/1111\\\\\\\'\ OR LA_ 401062.1 SCHEDULE 6245501 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 6245500 0 AMENDMENT That certain Master Equipment Lease-Purchase Agreement, by and between Ford Motor Credit Company ("Lessor") and City of Edgewater ("Lessee"), dated as of 11/05/1999 (the "Lease") is hereby amended as follows: Lessee has not issued, and reasonably anticipates that it and its subordinate entities will not issue, tax-exempt obligations (including this Lease) in the amount of more than $10,000,000 during the current calendar year; hereby designates this Lease as a "qualified tax-exempt obligation" within the meaning of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended, ("Code"); and agrees that it and its subordinate entities will not designate more than $10,000,000 of their obligations as "qualified tax-exempt obligations" during the current calendar year. Except as amended hereby, the Lease shall otherwise remain unchanged and in full force and effect. 0 IN WITNESS WHEREOF, the parties have executed this Amendment as of the 27th day of January, 2006. LESSEE: City of Edgewater 104 N. Riverside Dr LESSOR: Ford Motor Credit Company By: ~~~: K neth R. Hooper . City Manager Title: Title: Frank Mastrella Operations Manager, Municipal Finance o INVOICE January 20, 2006 I_ESSEE: City of Edgewater 104 N. Riverside Dr Edgewater, FL 32132 , REMIT PAYMENT TO: FORD MOTOR CREDIT COMPANY MUNICIPAL FINANCE P. O. BOX 1739 - MD 7500 DEARBORN, MI 48121-1739 PLEASE RETURN A COPY OF THIS INVOICE WITH YOUR PAYMENT ACCOUNT FIRST DESCRIPTION PAYMENT NUMBER PAYMENT AMOUNT DUE DATE 6245501 01/27/2006 (1) 2006 Ford F2504x2 1 FTSX20596EC45659, (3) $186,107.46 Ford F150 4x4, 1 FTRX14W66NA92665, 1FTRF14W96NA92666, 1FTPX14V66NA92667, (1) 2006 Ford F2504x4 PU, 1FTNF21596EC45658 (1) 2006 Ford F150 4x2 1 FTRX12W96NA86771, (3) 2006 Ford Explorer 4x4, 1 FMEU72E86UA95416, 1 FMEU72EX6UA95417, 1 FMEU73856UA95415, (1) 2006 Ford E350 Extended Club Wagon, 1 FBSS31 L460A03566, (1) 2006 Ford F350 4x2 Trash Truck, 1 FOWF36P76EC45674, (4) 2006 Ford Crown Victoria Police Sedans, (TBOs), (1) 2006 Ford F550 C/C with Flat Bed Dump Truck (TBO), (1) 2006 Ford F750 C/C with Dump Body Truck (TBO), (1) 2006 Sterling Acterra Clam Truck, (TBO), (1) 2006 Sterling L T9513 Semi Tractor (TBO), (3) 2006 Sterling Acterra Refuse Trucks, (TBO) PLEASE REMIT: $186,107.46 If you have any questions regarding this invoice, please call Linda Adamus (800- 241-4199, Ext. 173). u Page 1 SCHEDULE 6245501 - MASTER EQUIPMENT LEASE-PURCHASE AGREEMENT Lease No. 6245500 0 This Equipment Schedule dated as of 01/27/2006, is being executed by Ford Motor Credit Company ("Lessor"), and City of Edgewater ("Lessee"), as a supplement to, and is hereby made a part of that certain Master Equipment Lease- Purchase Agreement dated as of 11/05/1999 ("Lease"), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, and following items of Equipment: QUANTITY DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO.) SUPPLIER 17 (1) 2006 Ford F2504x2 1 FTSX20596EC45659, (3) Ford F150 4x4, Duval Ford 1 FTRX14W66NA92665, 1 FTRF14W96NA92666, 1FTPX14V66NA92667, (1) 2006 Ford F250 4x4 PU, 1 FTNF21596EC45658 (1) 2006 Ford F150 4x2 1 FTRX12W96NA86771, (3) 2006 Ford Explorer 4x4, 1 FMEU72E86UA95416, 1FMEU72EX6UA95417, 1FMEU73856UA95415, (1) 2006 Ford E350 Extended Club Wagon, 1 FBSS31 L46DA03566, (1) 2006 Ford F3504x2 Trash Truck, 1 FDWF36P76EC45674, (4) 2006 Ford Crown Victoria Police Sedans, (TBDs), (1) 2006 Ford F550 C/C with Flat Bed Dump Truck (TBD), (1) 2006 Ford F750 C/C with Dump Body Truck (TBD), 5 (1) 2006 Sterling Acterra Clam Truck, (TBD), (1) 2006 Sterling L T9513 Atlantic Ford Semi Tractor (TBD), (3) 2006 SterlinQ Acterra Refuse Trucks, (TBD) Truck f EQUIPMENT LOCATION: City of Edgewater ~ 104 N. Riverside Dr Edgewater, FL 32132 Initial Term: 60 Months Commencement Date: 01/27/2006 Periodic Rent: 4 Consecutive Annual in Advance Payments of $186,107.46 each (including interest), followed by one final payment of $186,107.39, due under this Lease. The Periodic Rent Payment also includes any applicable sales/use tax due and payable on the Lease Payment Dates, set forth in Schedule 6245501, Page 2. EXECUTED as of the date first herein set forth. LESSEE: City of Edgewater 104 N. Riverside Dr LESSOR: Ford Motor Credit Company By: ~~+~ K nneth R. Hooper ' City Manager By: Title: Title: Frank Mastrella Operations Manager, Municipal Finance Counterpart NO.1 of 1 manually executed and serially numbered counterparts. To the extent this Schedule constitutes, chattel paper, no security interest herein may be perfected through the possession of any counterpart other than Counterpart NO.1. o Schedule 6245501 Page 2 Payment Schedule Lease Number: 6245500 APR: 5.65% Lease Lease vpayment Payment Lease Interest Principal Concluding Number Date Payment Portion Portion Payment 1 1 / 27 / 2006 186,107.46 0.00 186,107.46 650,082.54 2 1 / 27 / 2007 186,107.46 36,729.66 149,377.80 500,704.74 3 1 / 27 / 2008 186,107.46 28,289.82 157,817.64 342,887.10 4 1 / 27 / 2009 186,107.46 19,373.12 166,734.34 176,152.76 5 1 / 27 / 2010 186,105.39 9,952.63 176,152.76 1. 00 TOTALS 930,535.23 94,345.23 836,190.00 v u ~, " u u u ~,~- AGENDA REQUEST C.A. NO.: 2006-024 Date: February 2. 2006 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER CONSENT 02/13/2006 BUSINESS ITEM DESCRIPTION: Harley-Davidson Motorcycle Lease Agreement BACKGROUND: In March 2002, the City entered into a Lease Agreement with Harley-Davidson for two (2) police motorcycle units at $195.00 per month for each motorcycle. In September 2003, City Council approved an additional two (2) motorcycles added to the Lease Agreement. Each year a new Lease Agreement has been executed for four (4) new Harley-Davidson motorcycles to be utilized by the Police Department. Attached please find the new Motorcycle Lease Agreement with New Smyrna Harley-Davidson for four (4) new Harley-Davidson Motorcycles that will take effect as of April 1, ~006 and expire on March 31, 2007. Due to the decreased resale value and increased costs, this Lease Agreement reflects the first increase in price since 2002, to $275.00 per month. The total amount of the Lease for four (4) new Harley-Davidson's, equipment switch out, decals and associated costs will be $15,200.00 (itemized listing attached). STAFF RECOMMENDATION: Staff recommends approval for the expenditure of$15,200.00 from the Police Department Budget (approved during the budgetary process) and that City Council authorize the City Manager to execute the new Motorcycle Lease Agreement for all four (4) police units. ACTION REQUESTED: Motion to approve and authorize the City Manager to execute the Motorcycle Lease Agreement with New Smyrna Harley-Davidson with the expenditure from t 005-2~6 Police D ent B get. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES DATE: AGENDA ITEM NO. Concurrence: NO X Robin L. Matusick Paralegal f_ fc o ~~e~l"~ City Manager rIm o o ~, ., u v u B~@l1!€Wf~W) JAN 3 0 2006 Cbfl ~!!~R;ltV h~ .,.?7' EDGEW ATER POLICE DEPARTMENT INTEROFFICE MEMORANDUM DATE: January 30th, 2006 TO: ~~ga1 FROM: C~~ Ignasiak FILE #06-020 SUBJECT: Harley-Davidson Leases This memorandum is to advise you that we have been informed that the cost of the annual leases for the Police Harley-Davidsons has increased. This increase is being imposed on all Florida Police Departments. As a result of decreased resale value and increased costs "- we have been advised that Harley-Davidson is at the fiscal breakeven point after employing fixed pricing for a number of years with Police Departments. This new cost increase goes into effect on our next contract March 31 S\ 2006 (see attached). A breakdown of anticipated increases is as follows: Old annual lease per unit $195.00 New annual lease cost $275.00 ** Total cost old leases (4 units) $9,360.00 Total new costs (4 units) $13,200.00 $3,840.00 Price increase ** Note - this is in addition to the following costs Equipment switch out by Harley $350.00 per bike Decaling per bike $150.00 per bike Associated indirect costs $500.00 per bike Project new lease total cost $15,200.00 02/02/2006 15:28 9547916128 PLANTATION HD MOTORCYCLE LEASE AGREEMENT This Motorcycle Lease Agreement (the "Lease") is made this 1 st day of February 2006 by and between Bruce Rossmeyer~s New Smyrna Harley..Davidson, 1899 SR 44, New Smyrna Beach, FL 32168, ("Dealer" or "Lessor") and the City ofEdgewater, (the "Department" or "Lessee"), whose addte.c;s is P.O.Box 100, Edgewater, FL 32132 fur the lease of police motorcycles (hereinafter referred to as "the vehicles") as described in Exhibit "A" attached hereto, for use by the Department's authorized employees in the performance of police-related or law-enforcement duties. The terms and conditions of the Lease are as follows: 1. Term: The tenn of this Lease shall be twelve (12) months commencing on April 1, 2006 and ending on March 31,2007. Lessee shall have the right to extend the term of th.is Lease, provided that Lessor agrees; upon the same terms and conditions as provided in the Lease. 2. Payment: Lessee shall make monthly lease payments on or before the first day of each month to the Lessor in the amount of $275.00 for each vehicle which includes customary maintenance as per manufacturer's recommendation. Maintenance will include' all service and cost of labor except to the extent that same are due to misuse, neglect or damage from accidents. 3. Miscellaneous Fees; Lessee agrees to pay for all fees in. connection with the certificate of title, registration and license fees, for each of the vehicles. Lessor agrees to waive all charges with respect to freight and dealer prep of vehicles except those cost associated with the in.stallation of a police paclcage, or any additional equipment purchased by the Lessee for the vehicles. 4. Maintenance, Repairs and Operating Expenses: Lessee is responsible to keep the vehicles in good working order. Lessee agrees to service the vehicles according to the manufacturer's recommendations as outlined in the owner' 5 manual for the vehicles, and as requested by the manufactW'er in any recall campaign. Lessee's use or repair of the vehicles must not invalidate any warranty. The Lessee has elected to participate jn a Lease that includes maintenance by Lessor of the vehicle. The cost of such maintenance is included in the monthly lease payment. The maintenance plan covers parts and labor for all service and maintenance recommendations as set forth in the Harley Davidson Owner's Manual not necessitated by misuse, neglect, or damage from accidents. PAGE 02 t... , o o o ~ 02/02/2006 15:28 ., u v u 9547916128 PLANTATION HD 2 5. Use and SubleasiDg: Lessee agrees that the vehicles (a) will be operated only by authorized licensed drivers employed by Lessee as law-enforcement officers; (b) will be kept free of all fines, liens and encumbrances; (e) will not be used illegally, impropedy, for hire, or contrary to the manufacturer's recommendations; and (d) will not be altered, marked or have equipment installed on them without Lessor's consent. 6. Insurance: During the tenn of the Lease, Lessee must maintain public liability and physical damage insurance on the vehicles that covers both Lessee and Lessor. Lessee agrees that the Department's own liability and personal injury protection insurance will provide primary insurance coverage up to its full policy limits. Lessor must be named as J4additional insured" and "loss payee" on Department' 5 insurance policy. Lessee will provide Lessor will evidence of this insurance. Lessee's insurance policy must provide that Lessor will be notified in writing at least 10 days before the insurance is cancelled or coverage altered and that Lessor, or its representatives, may have full access to any claim. file in the event of an insurable loss. In the event of a total loss or destruction of vehicles, Lessee's maximwn exposure shall be the Dealer's cost of the vehicle as shown on its books/records. Lessor or Dealer shall provide the Lessee or Department with evidence of insurance as follows: Workers Compensation, General Liability, Automobile Liability, and Errors and Omissions (Professional) Liability. Lessors or Dealers insurance shall apply only when the vehicles are in Dealer's care, custody or control. . 7. Notice of Accidents and Cooperation: Lessee agrees to cooperate fully with Lessor and any insurance company in the; investigation and defense of any and all claims arising from their possession and use of the vehicles. Lessee will make a complete report to Lessor within 48 hours after any accident, theft or loss involving the vehicles. 8. Indemnification: Lessee agrees to indemnify and hold Lessor, its affiliates, assignees, officers, agents and employees hannless from all losses, liability, damages, injuries, claims, demands and expenses, including attorneys fees, arising out of the use of the vehicles while in. the care. custody or control of the Lessee. Lessor agrees to indemnify and hold Lessee, its affiliates, assignees, officers, agents and employees harmless from all losses, liability, damages, injuries, claims, demands and expenses, including attorneys fees, arising out of the use of the vehicles while in the care, custody or control of the Lessor. Lessee does not waive jt~ right to sovereign immunity under 768.28 of the Florida Statues. 2 PAGE 03 02/02/2006 15:28 9547916128 PLANTATION HD 3 9. Limitation of Liability: Lessor shall not be liable for any indirect or consequential damages or inconvenience (except for those relating to personal injury) which may result to Lessor from any damages to, or defect in, the vehicles for the time needed to repair or service tbe vehicles. Monthly lease payments shall continue and not be reduced or delayed during this time. Lessor makes no express warranties covering the vehicles. In particular, Lessor makes no express warranties of vehicle condition, merchantability, durability or fitness for a particular putp05e ofose covering the vehicle, and Lessor expressly disclaims any such express warranties. 10. Return or the VehiclES: At the end of the Lease, the Department must return the vehicles to Lessor in good condition, without damage, excessive wear or use and with all the original equipment installed by the manufacturer. NEW SMYRNA HARLEY-DAVIDSON EDGEWATER POLICE DEPT. By: /}--. Barry Kuhnly, Manager Police/Fleet Sales & Leasing By: Signature Title: Print Name 3 PAGE 04 ..... o o o u \.; u ".,~ 02/02/2006 15:28 9547916128 PLANTATION HD PAGE ' 05 EXHIBIT ~~A" February 1, 2006 Lessee's Name: Edgewater Police Department ~odel1rear;2006 Model Description: FLHPI, Birch white in color Number of Units: 4 Vehicle Identification Numbers: 4 -')' ~ .c... ~. u AGENDA REQUEST CM: 2006-17 Date: February 3. 2006 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD APPOINTMENT OTHER CONSENT February 13. 2006 BUSINESS ITEM DESCRIPTION: Authorization for East V olusia Mosquito Control District to make low level aerial inspection and spray flights. BACKGROUND: East V olusia Mosquito Control District annually requests cities to approve low level inspection and spray flights under 500 foot altitudes with its helicopters over congested portions of incorporated municipalities and unincorporated portions of V olusia County. The letter of request dated January 27,2006, is attached. Q STAFF RECOMMENDATION: Staff recommends the City Council approve the attached Letter of Authorization and authorize its execution. ACTION REOUESTED: Motion to approve the annual request to perform low level flights over the City of Edgewater and authorize the Mayor or City Manager to execute the document. FINANCIAL IMP ACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES X NO DATE: March 7. 2005 AGENDA ITEM NO. 8.A. Respectfully submitted, \(~~ S2\\ocs~~. Kenneth R. Hooper City Manager U KRH:ejm I: Hz _ docs\agendarequests\mosquito2006 ., . ~ -- 02-02-06 P11: 38 IN o . Public Works Department Mosquito Control Division I/~c ~/V Ite Ii, ~() C/l'y - lt7t76' 41-'1~ '-'1G~J:} January 27, 2006 City of Edgewater Attn: Susan Wadsworth, City Clerk P. O. Box 100 Edgewater, FL 32132-100 Dear Ms. Wadsworth: It is necessary under Federal Air Regulations of the Federal Aviation Agency for the Volusia County Mosquito Control program to annually obtain a written request and authorization from an appropriate official in each incorporated municipality and the V olusia County Government, authorizing the low level flights under 500 foot altitude with helicopters and fIxed wing aircraft over congested portions of incorporated municipalities and unincorporated portions of Vol usia County. This FAA requirement is to 0 make communities aware that aircraft will be making flights under the minimum 1000 foot altitude threshold for general aircraft operations. Mosquito control aircraft need to fly under 500 feet to inspect . for immature mosquitoes, spray for immature mosquitoes and spray for adult mosquitoes. Populations ~fboth potential disease bearing i.e. West Nile and pest mosquitoes will be suppressed by spray flights in all areas where conditions warrant. Inspection flights and aircraft landings will be made for the purpose of finding and treating immature stages of mosquitoes in their breeding sites. This is our primary defense against large populations of mosquitoes. We realize some people want to be notifIed prior to an adult mosquito spray operation. Our office will notify people on our call list, from your area, who have requested prior notifIcation before aerial spraying. We will also post a map of our aerial residential spray areas prior to spraying on the www.volusia.org website. All such flights will be made in the public interest at such times as are considered necessary, and under such conditions as are considered effective and safe, for the purpose of providing comfort and public health protection for residents and visitors. We are concerned about communication towers in areas where we perform aerial spraying. Please involve us in the planning of these towers to insure continued service to our citizens. 801 South Street . New Smyrna Beach, Florida 32168-5864 Tel: (386) 424-2920 . Fox: (386) 424-2924 www.volusia.org/mosquito o 7 1 (..; '-.J u A Public Notice will be published in V olusia County newspapers. Enclosed is an authorization form for your governing body signature. Please sign this form or one like it and return it to us no later the March 3, 2006. If there are any questions you may wish to discuss, please call me at (904) 239-6516. Sincerely yours, 9~ Jonas Stewart Director JS/km Attachments LETTER OF AUTHORIZATION We hereby give authorization to Volusia County Mosquito Control to perfo~ low-level flights over our city/town in connection with their inspection and aerial application of insecticides for the control of mosquito larvae and adults in compliance with FAA regulations explained in a letter f~om Volusia County Mosquito Control during calendar year 2006 through March 31, 2007. Signed: Date: Name (TyPed): Michael L. Thomas Titl.e: Mayor City/Town: Edgewater State: Florida Zip Code: 32132 and 32141 , . o o o CJ o o q.(\. AGENDA REQUEST Date: Januarv 31. 2006 PUBLIC HEARING ORDINANCE RESOLUTION BOARD APPOINTMENT OTHER BUSINESS x CONSENT ITEM DESCRIPTION: Continuance of the public hearing for the 1st Reading of Ordinance No. 2006-0-01 Scott Tobin, requesting an amendment to the Official Zoning Map to include 30.0H: acres of land located east of US Highway 1 and north of Jones Fish Camp Road and approval of the. associated RPUD Agreement. OWNER: AH Edgewater, LLC APPLICANT/AGENT: Scott Tobin REQUESTED ACTION: Motion to continue the public hearing of Ordinance No. 2006-0-01, authorization to re-advertise said hearing and to continue consideration of the proposed Residential Planned Unit Development (RPUD) Agreement to the March 6, 2006 City Council meeting. ACTION REQUESTED: Motion to authorize staff to advertise Ordinance No. 2006-0-01 and to continue consideration of the proposed RPUD Agreement for the March 6, 2006 City Council meeting. PREVIOUS AGENDA ITEM: YES X NO DATE: Januarv 23. 2006 AGENDA ITEM NO. 6F ~.. U - "---J~I'ra~~rl Robin Matusick Paralegal . Darren Lear Development Services Director RZ-0510 - River Oaks -. rehearing request 01/26/2006 02:59 STORCH & MORRIS ~ 13864242421 NO. 060 GJ02 L ~ - RECEIVED JAN Z 6 2006 CITY MANAGER STORCH, MORR.IS ~ HAR.RIS, L. L.C. ATTOiU'lEY5 AND COUNSr.I.OJl.S AT LAW ~CLUtlING I'R.OI'ESSIOlW. ASSOCIATIONS o or COUNSEL AL fORI) The Honorable Michael Thomas, Mayor City of Edge water Post Office Box 100 Edgewater, Florida 32132-0100 Re: 2006..o-0JIRlve, 04ks RPUD January 25, 2006 420 SOUTH NOVA II.OAD DAYTONA BI!ACH, rLO~DA 32114-4514 (366) 23&- 8383 TELIlPHONI! (38$) 238-0988 fACSIMIL.E glCMSlDIChpa@beJbou&h.~ jamcmlcn'ispa@be!Iscu.th.net stordunotris@bcl1south.ner GLENN D. STOI\.CH, M. lAMES s. MOAAlS, P.A. TY HAlUU5, M. \. I Dear Mayor Thomas: Please consider this letter a request for consideration of the Motion to Approve the above-referenced re-zoning on First Reading. I reviewed the hearing and it is evident that all competent substantial evidence presented in the quasi judicial hearing was supportive of both the staffs' and Planning Board's recommendation of approval for this proposed RPUD. 1 should point out that procedurally it was my understandi ng that had the Council truly wished to deny the proposed re-zoning, then it would be necessary to vote on a Motion to Deny the proposed re-zoning as opposed to simply failing to obtain the required vote3 on a Motion to Approve. Also, J want to emphasize that my clients remain committed to making this project work in light of the huge benefit to the City. In fact, one issue I have discussed with your City Manager, in light of the discussion at the hearing regarding methods to insure that new development helps provide for the needs of the citizens of Edgewater, is the issue of the acquisition and construction of a City Hall and municipal complex for the City. Clearly, the facility is needed, but there Ilre issues regarding funding such a facility and the citizens have clearly indicated that it is not their intent to provide additional revenue to fund such a facilitY. Therefore. I would suggest you look at the concept of dedicating all Or part of the tax revenues derived from the River Oaks project towards a fund fur the acquisition or construction of a City Hall complex as a means to insure this critical need has been obtained. As you are aware, Edgewater's share of the projected taxes on the condominium upon completion is close to one million dollars per year. At that rate, the City Hall complex can be completed and paid for with a relatively short period of time with no impact to the citizens of Edgewater. This may be something that may be appropriate for placing on the agenda as a discussion item. (t is my understanding that this request for aMotion for Reconsideration can be heard on the February 13, 2006. I would certainly appreciate it if this date could be confirmed for the review of my request- o Please do not hesitate to contact me if you need additional infonnation regarding this request. ~gaT1, QCh ODS:crs co: Kenneth Hooper, City Manager Susan Wadsworth. City Clerk o A" q~ 1 AGENDA REQUEST Date: February 2, 2006 u PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER BUSINESS Feb. 13, 2006 CONSENT ITEM DESCRIPTION: A proposed ordinance that would establish a program to charge user fees to non-residents for the deployment of public safety services for motor vehicle accidents. BACKGROUND: The Ordinance will allow the City to seek reimbursement from insurance companies of the "at fault" non-residents for the public safety services response to motor vehicle accidents. The reimbursements are factored into four (4) separate levels of response depending on the severity of the accident. With an increasing number of motor vehicle accidents and associated demand for services, the reimbursements will allow the public safety departments to maintain level of services without increasing the financial burden to the residents. STAFF RECOMMENDATION: Discussion item only, provide staff with further direction in regards to implementation u ACTION REQUESTED Discussion item only, provide staff with further direction in regards to implementation FINANCIAL IMP ACT: (FINANCE DIRECTOR) N/ A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A PREVIOUS AGENDA ITEM: YES X NO DATE: Januarv 23,2006 (postponed) AGENDA ITEM NO. 9.A. ~~ Robin Matusick Paralegal u ,.. . ORDINANCE NO. 2006-0-Draft AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA, ADOPTING AND ESTABLISHING A PROGRAM TO CHARGE USER FEES TO NON- RESIDENTS FOR THE DEPLOYMENT OF PUBLIC SAFETY SERVICES RENDERED BY THE CITY OF EDGEWATER FOR MOTOR VEHICLE ACCIDENTS REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, CODIFICATION, AND ESTABLISHING AN EFFECTIVE DATE. o WHEREAS, Emergency Fire and Police Department provide public service activity to vehicular accidents and the number of incidents continue to increase each year. New Home Security regulations, such as biological training and equipment, etc., will create increased demands on all operational areas of the Fire and Police Department's services; and, WHEREAS, the Fire Department and Police Department have investigated various alternatives to maintain a high level of quality of Fire and Police emergency services throughout times of constantly increasing service demands, where maintaining an effective response by the Fire and Police Departments decreases the insurance companies costs by saving lives and minimizing vehicular damage by fire; and, WHEREAS, an increase in real property tax to meet the increase cost of public service demands would not be fair to the property owners, when many of the Motor Vehicular Accidents (MV A) involve individuals not owning property or paying property taxes within the City of o Edgewater; WHEREAS, the City Council desires to implement a fair and equitable procedure by which to collect public safety response fees from insurance companies of non-tax payers and shall establish a billing system in accordance with State and Federal laws, regulations and guidelines; NOW, THEREFOR, BE IT ENACTED by the City Council of the City of Edgewater, Florida: PART A. ENACTMENT OF MOTOR VEHICLE ACCIDENT RESPONSE USERS FEES OF NON-RESIDENTS INTO THE CODE OF ORDINANCES, CITY OF EDGEW ATER, FLORIDA. Sec. ??-?? Motor Vehicle Accident Public Safety Response Users Fees of Non-Resident o '7 ". v v u (1) The City of Edgewater's Fire and Police Departments shall initiate public safety response fees for the delivery of Fire and Police Department services, personnel, supplies and equipment to the scene of motor vehicle accidents if it is determined a non-resident is found at fault. The rate of the user fees shall be that which is the usual, customary and reasonable costs (VCR), which includes any services, personnel, supplies and equipment and may fluctuate based on the needs of the accident. (2) The user fees shall be filed to the non-resident motor vehicle insurance company of the individual determined to be at fault, representing additional cost of the claim for damages of the vehicles, property and/or injuries. The claim costs shall be filed by a billing agency to the insurance coverage of the owner ofa vehicle, owner of property, or responsible party. (3) User fees shall be based on the following reimbursement rate: a) Levell Motor Vehicle Accident - $37.36/hr. Emergency response to a motor vehicle accident where no injuries or hazards are found and only police department response required for investigation and report. b) Level 2 Motor Vehicle Accident - $160.46/hr. Emergency response to motor vehicle accident where there are no injuries but fire-rescue department is required for hazard investigation and mitigation and police department is required for investigation and report. c) Level 3 Motor Vehicle Accident - $288.84/hr. Emergency response to motor vehicle accident where there are injuries that require treatment by the fire-rescue department and there is not any victim extrication and the police department is required for investigation and report. d) Level 4 Motor Vehicle Accident - $653.00/hr. Emergency response to motor vehicle accident that requires victim extrication and treatment by the fire-rescue department and the police department is required for possible accident reconstruction and/or traffic homicide investigation and report. e) Fee Adjustment - Users fees shall be adjusted annually based on the Cost Pricing Index (CPI) pursuant to Resolution 2006-R- " , Sec. ??-?? Establishment of Account Tracking (1) All revenue collected as a result of this Ordinance shall be placed into a proprietary fund as established by the Finance Director to be used exclusively for personnel, supplies and equipment for the Fire and Police Departments required to respond to effect their public safety responsibilities. o Sec. ??-?? Reserved 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. EFFECTIVE DATE. o This ordinance shall take effect upon adoption. PART E. ADOPTION. After Motion by and Second by the vote on the first reading of this ordinance held on , 2006, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers , Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter o "1" " v u u After Motion by the vote on the second reading/public hearing of this ordinance held on was as follows: Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter 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: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP and Second by ,2006, AYE NAY day of ,2006. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this day of , 2006 under Agenda Item No.6 .~ \ CRC Incident Report Edgewater Police Department, Edgewater, Florida o Name of Reporting Officer: Type Of Incident: D Vehicle Accident Date of Incident: Time: Location of Incident: Incident Severity: (Please Choose) D Fatal D Incapacitating Injury D Possible Injury D Property Damage Only Date: D Traffic Control D Squad Assistance Report #: D Non-Incapacitating Injury D Unknown # of Police Officers on scene: # of Police Vehicles on scene: Approximate amount of time on scene of accident, including completion of report: Parties Involved: Name: Resident DYES DNO DNO Address: At fault? DYES Phone: Insurance Company: Insurance Address: o Phone #: Policy #: Resident DYES Name: Address: At fault? DYES DNO DNO Phone: Insurance Company: Insurance Address: Phone #: Policy #: Additional Scene Procedures (Indicate all that aDDlv) Administered Care 0 Cleaned Up Hazardous Chemicals 0 Placed Fares/Cones 0 Flushed Street 0 Applied Absorbent 0 Determined ifInjuries 0 Gave Drug Test 0 Searched Vehicle 0 Assisted in Patient Care 0 Directed Traffic 0 Gave Sobriety Test 0 Secured Area 0 Assisted in Patient Removal 0 Disconnected Battery Cables 0 Interviewed Witnesses) 0 Made Arrest 0 Vehicles were righted 0 Cleaned up debris 0 Established Safety Zone 0 Signature of Reporting Officer: Date: o o '-> u PUBLIC HEARING q.c.. AGENDA REQUEST. Date: 1/27/06 RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS xx ITEM DESCRIPTION: BACKGROUND: Request for the Edgewater City Council to declare two existing tanks at the former Hacienda Del Rio water treatment plant as surplus items, and to dispose of them as part of the civil work associated with the construction of the new Animal Shelter. The City of Edgewater recently purchased 17.94 acres from V olusia County to be used for potable water storage and high service pumping, reclaimed water storage and high service pumping, and as a site for the Animal Shelter. A portion ofthe site served as the water treatment plant to supply water to Hacienda Del Rio and was built by the developer of Hacienda Del Rio. Volusia County later purchased the plant site and entire utility system from the developer. When the City of Edgewater made water available to this area, the plant was shut down and Volusia . County sold the property to the City of Edgewater. A 100,000 gallon water storage tank and a smaller tank remain on site, neither being of value to the City due to size and unserviceable condition. The bid documents for the site will contain a provision where the bidders have the option of salvaging the tanks if an interested buyer can be located which would decrease the bid amount by the salvage value of the tanks; or to demolish the tanks and remove them from the site as they impact necessary parking and stormwater improvements. STAFF RECOMMENDATION: Staff recommends declaring the two existing tanks at the City's 17.94 acre site across U.S. # 1 from Hacienda Del Rio to be surplus equipment. ACTION REQUESTED: A motion to declare the two existing tanks at the City's 17.94 acre site on the west side of U.S. #1 across from Hacienda Del Rio to be surplus equipment. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: YES NO x AGENDA ITEM NO. Respectfully submitted, --r~~.w.(\~~'V Department ; rector C:\MyDociments\TenysFiles\AgendaRequest ~O~~7'X Robin Matuslck, Paralegal l ~~~ Kenneth R. Hooper City Manager Q o o -} u '-> u C\~. AGENDA REQUEST Date: 2/1/06 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER BUSINESS CONSENT xx ITEM DESCRIPTION: Engineering Services Proposal Ariel Canal Watershed Drainage Basin Study BACKGROUND: Several parcels of undeveloped land along the U.S. #1 corridor between Volco Road and Ariel Road have been annexed into the City of Edgewater. To ensure the future development which will occur in this 1500 acre area has minimal stormwater impact on both existing development and the environmental character of the area, it will be necessary to perform a drainage basin study. The study will provide guidance concerning the proposed developments in this section of the City by providing an existing conditions evaluation and establishing a reconnnended conditions evaluation for coordinated facilities design and constmction. Proposals were solicited from three of the City's contracted Consulting Engineering Firms using a uniform scope of services for the project. All firms are capable of performing the engineering services requested, and all proposed similar time schedules. The fees proposed for this project are as follows: 1. 2. 3. Professional Engineering Consultants, Inc. Gierok Engineering, Inc. Quentin L. Hampton Associates, Inc. $181,845.00 $153,984.00 $149,966.00 STAFF RECOMMENDATION: As all three of the City's Consulting Engineering Firms are capable of performing the work and are familiar with the project as delineated in the scope of services, it is the recommendation of staff to award the Ariel Canal Watershed Drainage Basin Study to Quentin L. Hampton Associates, Inc. based on their proposal and financial impact on the City. ACTION REQUESTED: A motion to authorize Quentin L. Hampton Associates, Inc. to perform the Ariel Canal Watershed Drainage Basin Study for an estimated lump sum fee of$149,966.00 as detailed in their formal proposal, and to authorize the Mayor or City Manager to execute the engineering work order on behalf of the City. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: Respectfully submitted, '~~~Aj~ Department D~ector . C:\MyDociments\TerrysFiles\AgendaRequest YES AGENDA ITEM NO. NO G\Cb~~~~cK Robin Matusick, Paralegal \. Kenneth R. Hooper City Manager '" o o o I u 'u W ~ :IE t: I en ...W IDW I W t-IL. -Q IDZ %eI: ><0= w::;) ~. Z eI: :IE 'U ww %en t-eI: 0=% OA- IL. >- C QW ::1% t-en enlfi zt- - eI: ~~ ID..I we!: (:IZ eI:eI: ZU -..I ~! co= eI: m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C> 0 8 8 .., 0> ~ ~ ..... ~ C> <0 ex> 0 ex> 8 C> :g ex> <0 ;1; 0> ~ N ~ 0 0 a ..... ~ 0 N Vo N ~ "<!. 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I I .! 1 I ! i I I ! i i I j I I ) I I ; i i I Attachment A - Scope of Services f.~~~~ PRO-060 1 Aerial Canal Watershed Drainage Basin Drainage Study Design and Permitting Engineering Services Task No. TASK DESCRIPTION/SCOPE OF SERVICES P.M. P.E. CAD WP Total $1l5/HR $105/HR $75/HR $55/HR Task I - Aerial Photography and I-Foot Topographic Contours I Conduct Kick-offMeeting with City Staff, Prepare Meeting Minutes 4 5 I 10 2 Coordinate with Photogrammetrist and/or Swveyor 4 2 6 3 ReVIew FInal Work Product, Transnut FInal Dehverables to clIent and City 5 2 I 8 SUBTOTAL WORK HOURS -TASK I 4 14 2 4 24 SUBTOTAL HOURLY FEES - TASK I $460 $1,470 $150 $200 $2,280 Task 2 - Existing Conditions Analysis I Conduct Detailed Field Reviews and Identify Existing Drainage Systems (Assume 3 Days) 6 24 30 2 Data Collection, Review and Assimilation (Soils, Land Use, Archived -".-. Plans, etc.) .. , -....r,.~. . 12 6 18 3 Coordinate With Surveyor and Prepare Requests (Culverts, Ditches, Road Elevations, etc.) 12 4 16 4 Review/Organize Swvey Information and Assemble Primary Drainage Structure Inventory 16 ' ' 16 5 '_.;,; .IoX "-'''~'_'.'':'.'.:''Jw .". :. 1....~.. .. - ;~Ys~;~:jrt~:{~;;:[~~~';~rt~~r~~~~~'~;~~}~r;1:r~~f;{i~)~~:~~~~!;:;.~{i ~~2:j~,;1:S;;~;~ ~:S7t:f~~' -. -~ " . .. - Delineate Drainage Sub-basins 16 8 24 - Delineate Land Use 12 4 16 - Compute Sub-baSin Times of Concentration 12 12 - Compute RunoffCwve Numbers Using Valence 8 12 20 - Compute Stage-Area-Storage Relationships 36 36 - Research and Document Appropriate Tailwater Relationships 2 8 2 12 - Develop the Existing Conditions ICPR Input Data 4 48 52 - Perform Flood Routings and Analyze Results (3 Storm Events) 2 12 14 - Prepare 100- Year Flood Plain Exhibit Using Aerial Image 4 8 12 6 Assume Three (3) Coordination/Status Meetings with City Staff, Prepare Minutes - 8 15 3 26 7 Determine Potential Structural Flooding (Results versus Mapping) 6 12 18 8 Coordinate with the Surveyor regarding Finish Floor Elevations 8 8 SUBTOTAL WORK HOURS - TASK 2 22 249 50 9 330 SUBTOTAL HOURLY FEES - TASK 2 $2,530 $26,145 $3,750 $450 $32,875 Task 3 - Recommended Improvement Analysis 1 Evaluate Required Drainage Improvements (Culvert Replacements, , Regional Stormwater Ponds, etc.) 4 16 8 28 2 Conceptually Investigate Additional Outfall Locations to the Intracoastal Waterway (Assume 3 alternatives) 4 12 4 20 3 ~ii{~~~f:;:2;f;j~'f~;if~,rV~}i~~~~r.r"fg~~r.?{t~~rJ.~~~:~'~~t-~?:~~tt-~t: j":',';;>: ~ - Revise Drainage Sub-basin Delineations 6 6 - Revise Sub-basin Times of Concentration 6 6 - Revise Runoff Cwve Numbers Using 4 12 16 - Revise Stage-Area-Storage Relationships 16 16 - Develop the Recommended Conditions ICPR Input Data 2 24 26 - Perform Flood Routings and Analyze Results (3 Storm Events) 2 16 18 - Revise 100- Y ear Flood Plain Exhibit Using Aerial Image 3 6 9 4 Prepare "Preliminary" IIXI7 Figures of the Proposed Drainage Improvements 8 32 40 5 Prepare "Preliminary" Cost Estimates 2 24 8 34 6 Assume Three (3) CoordInatIOn/Status MeetIngs WIth City Stat!, Prepare Minutes 8 15 4 27 SUBTOTAL WORK HOURS - TASK 3 22 150 70 4 246 SUBTuTAL HOURLY FEEs - TASK 3 $2,530 $15,750 $5,250 $200 $23,730 -I o o o u Attachment A - Scope of Services PRO-060 1 Aerial Canal Watershed Drainage Basin Drainage Study Design and Permitting Engineering Services ., Task No. TASK DESCRIPTION/SCOPE OF SERVICES P.M. P.E. CAD WP Total Task 4 - Engineering Report and Project Administration 1 Prioritize / Rank Drainage Improvements 2 16 2 20 2 Prepare "Draft" Engineering Report 4 52 12 15 83 3 Conduct Status Meeting With City Staff, Prepare Minutes 4 5 1 10 4 Prepare "Final" Engineering Report 4 20 8 8" 40 5 Status Reports Via Monthly Invoices 12 6 18 6 Project Close-out, Transmit Final Deliverables to Client and City 4 2 6 SUBTOTAL WORK HOURS -TASK 4 26 97 24 30 177 SUBTOTAL HOURLY FEES - TASK 4 $2,990 $10,185 $1,800 $1,500 $16,475 Part B - Other Direct Costs 1 Aerial Survey/Photogrametry $65,624 2 Allowance for required survey verification $10,000 3 Allowance for mileage, phone, fax, plotting, printing $3,000 SUBTOTAL - ODes _$78,624 -.;...;;.::.. . """ "" "Total Estimated Design Fees ....... $153~984 :-~ , Q u Final Report Task __ shall prepare a final report incorporating the earlier draft reports and collected comments. The report will be prepared in a "Facility Plan" format 0 to allow the City to pursue State Revolving Fund (SRF) funding if so q.esired. Quality Control: Andrew Giannini, P.E., will serve as Project Manager for QLH. David A. King, P .E., will serve as Peer Engineer for report review and consultation. Estimated Schedule - QLH shall strive to complete the tasks according to the following schedule: Task Notice to Proceed Data CollectionlReconnaissance Task Existing Conditions Model and Evaluation Task Future Conditions Evaluation Task Recommended Conditions Evaluation Task. Public Involvement Task Council Presentation Task Final Report Task Total Calendar Days to Complete o 90 90 90 90 Included 30 60 450 days Proposed Fees: QLH shall complete the above mentioned reports for an estimated lump sum fee of $149,966 based on the following breakdown: Aerial Photography/Mapping (SRM) Survey Allowance Data CollectionlReconnaissance Task Existing Conditions Model and Evaluation Task Future Conditions Evaluation Task Recommended Conditions Evaluation Task Public Involvement Task Council Presentation Task Final Report Task Printing Allowance Total $ 47,350 $ 10,000 $ 8,300 $ 27,720 $ 18,480 $ 22,176 $ 3,780 $ 1,260 $ 8,400 J $ .2.500 '$1t19,966 ,- ~ -- o Exclusions: This scope of work includes no geotechnical, biological, mitigation, acquisition or similar type services. EW51 SCOPE OF SERVICES AND FEE PROPOSAL.doc /" o DRAINAGE BASIN STUDY FOR THE ARIEL CANAL WATERSHED " 7' ~ + \ --. \. \ \ " 'I." \. \, '\..\\ \'. '. '. \, \;-.. \, \ .... \ \ '. \\\ \ \, \ \ '\ ' \\ \ '. \ '.: ... \\~\:>\ \ . \\ ~\ \\:! \ \\ \ , " . ~\f~O . tACO 1 r .' ~;; -^~ ~f.{tj~J. l ~\ ~,:~.",.. A. 1" = 5,000' o o Q TENT A TIVE AGENDA ITEMS \ \.l\. FEB 27 1) 2nd Reading, Ord #2005-0-56, rezoning, Jalbert 12 acres - AG & RT (RZ-0409) 2) 2nd Reading, Ord #2006-0-03, rezoning, Visconti - 2.44 acres @ 3609 & 3625 S. US #1 (RZ-0516) 3) Coral Trace - amending development agreement - adding 22 lots 4) Coral Trace - replat - adding 22 lots 5) 15t Reading, Ord #2006-0-, Barry (CPA-0513) small 'scale comp 6) 15t Reading, Ord #2006-0-, annexation, Carder 28.56 acres 7) SJRWMD presenting ceremonial check for $80,000 for the Eastern Shores Stormwater Project 8) P&Z Board appointments (2) - V opelaklJudy - Garthwaite/Mayor 9) WaterlWastewater purchase for chlorine cylinders from DPC Enterprises, L.P.; annual est $30,000 MAR 6 1) 2nd Reading; Ord #2006-0-, Barry (CP A-0513) small scale comp 2) 2nd Reading, Ord #2006-0-, annexation, Carder 28.56 acres 3) pt Reading, Ord #2006-0-, annex, Lancellotta (AN-0514) .9:f: acres at 2923 Oak Trail 4) 151 Reading, Ord #2006-0-, rezoning, Carder (RZ-0519) .24:f: acres s/w comer of Falcon Avenue & Mariners Gate Court as R-4 (Multi-Family Residential) 5) 151 Reading, Rehearing of River Oaks Condo rezoning/RPUD application 6) Res #2006-R-0, modification (indexing) of administrative/user fees MAR 13 - 6:00 pm - Workshop 1) Reflections - Mercedes Homes (RZ-0513) - RPUD 833 acres 2) Washington Park - Pawlak (RZ-_) - com plan, rezoning & assessment MAR 20 1) 2nd Reading, Ord #2006-0-, rezoning, Carder (RZ-0519) .24:f: acres s/w comer of Falcon Avenue & Mariners Gate Court as R-4 (Multi-Family Residential) 2) 2nd Reading, Ord #2006-0-, annex, Lancellotta (AN-0514) .9:f: acres at 2923 Oak Trail 3) 151 Reading, Ord #2006-0-, comp plan, Lancellotta (CP A-012) as Low Density Transition. 4) 151 Reading, Ord #2006-0-, rezoning, Lancellotta (RZ-0520) as RT (Rural Transitional) 5) 151 Reading, Ord #2006-0-, Reflections (RZ-0513) 6) 151 Reading, Ord #2006-0-, Washington Park, rezoning & assessment 7) 151 Reading, Ord #2006-0-, rezoning - Hickey Residential (RZ-0505) (P&Z-03/08/06) 8) 2nd Reading, River Oaks rezoningIRPUD 9) Res. No. 2006-R-0, Scott Tobin abandonment (AB-0501) APRIL 3 'I) 2nd Reading, Ord #2006-0-, comp plan, Lancellotta (CPA-012) as Low Density Transition. 2) 2nd Reading, Ord #2006-0-, rezoning, Lancellotta (RZ-0520) as RT (Rural Transitional) 3) 2nd Reading, Ord #2006-0-, Reflections (RZ-0513) , 4) 2nd Reading, Ord #2006-0-, Washington Park, rezoning & assessment 5) 2nd Reading, Ord #2006-0-, rezoning - Hickey Residential (RZ-0505)(P&Z-03/08/06) 6) 151 Reading, Ord #2006-0-, SR- 442 rezoning 7) 15t Reading, Ord #2006-0-, annex, Gardiner (AN-0515 ) 82.33:f: acres south of Taylor Road APRIL 17 1) 2nd Reading, Ord #2006-0-, SR-442 rezoning 2) 2nd Reading, Ord #2006-0-, Gardiner annex (AN-0515) 82.33::t acres south of Taylor Road 3) pI Reading, Tim Howard 19 scale comp plan amend (CPA-050l) was Targator & rezoning (RZ-050l) Rev. 2/07/06 I: \I iz _ docs\outlines\aitems022 706 4) 1 st Reading, Carder 19 scale comp plan amend (CP A-0503){ includes AN-0516 28.56 acres & AN-0504 24.26 acres} 15t Reading, Sfera 19 scale comp plan amend (CP A-0602) 10 acres to Commercial with Conservation Overlay 1 st Reading, Peterson 19 scale comp plan amend (CP A-060 1) 80::!: acres to Low Density Residential with Conservation Overlay 0 1 st Reading, COE 19 scale comp plan text amendments (CP A-0604) 1 st Reading, COE 19 scale comp plan amend 17.63::!: acres, animal shelter (CP A-0605) 5) 6) 7) 8) UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPARTMENT APPLICATIONS RECEIVED - 1) Massey - annexation (AN-~ 2)' Massey - 19 scale comp plan amend & rezoning 3) Villas @ Massey Ranch Site Plan 4) WaterIReclaimed Site -lg scale comp plan amend & rezoning 5) Middletown Plaza, site plan 6) Carder - rezoning - (RZ-0504) total 52.82 acres {includes AN-0516 & AN-0504) 7) Seagate - Edgewater Lakes Phase II PUD Agreement 8) Seagate - Riverclub (CP A-~ 19 scale comp plan amend 9) Snowden/442 DR! -- appro x 5,000 acres 10) Elegant Manor - rezoning (RZ-0521) south of Airpark west of Silver Palm 11) Nocatee - Alison Estates - single family residential to duplex 12) Seagate - Edgewater Lakes, Phase IB & IC - amendment to PUD 13) Woodbridge Lakes rezoning (RZ-0407) _ 14 ) Woodbridge Lakes Plat 15) Washington Park - Pawlak Plat 16) Coastal Oaks - Haynes sm scale comp plan amend 17) Julington Oaks - preliminary plat 18) . Worthington Oaks - preliminary plat o DEVELOPMENT SERVICES (pLANNING) DEPARTMENT PROJECTS 1) Subdivision Architectural Design Standards 2) US #1 Corridor Guidelines 3) Capital Improvement Element 4) Conservation Element 5) Coastal Element 6) Density (gross/net) 7) Recreation/Open Space Element 8) Future Land Use Element 9) Capital Improvement Plan 10) LDC - Article 5 11) LDC - Article 16 o Rev. 2/07/06 j:\liz _ docs\outlines\aitems022706