07-18-2005
G.. ~,
Financial Impact of Lease/Purchase
Annual lease/purchase $ 216,000
~
"Move-in" expense (year one) $ 700,000
weather proof/hardening (200,000)
generator (100,000)
lighting, phones, computers (100,000)
security ( 50,000)
HV AC, pluming, controls (150,000)
furniture (100,000)
Future expenses (years two-five) $1,000,000
parking, drainage,. hardening (350,000)
remodeling council chambers (225,000)
power upgrades (200,000)
Q HV AC, controls for new chambers ( 50,000)
furniture (100,000)
miscellaneous ( 75,000)
TOTAL COST $4,292,000
lease/purchase $216,000 x 12 yrs = 2,592,000
move-in cost 700,000
future expenses 1,000,000
average annual cost 357,700
average annual millage .4 7
Note-bond referendum indicated a voted millage .41
Regions wants 3 years payment ($648,000) if City terminates lease prior to
term (12 years).
u
I:\liz_ docs\CityHaIlSite\financialimpactRegions071805
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AGENDA REQUEST
0~
q r"~(\
Date: June 30, 3005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT.
OTHER
BUSINESS July 18, 2005
CONSENT
ITEM DESCRIPTION:
Recommendation to City Council regarding the Sign Agreement between H~ll's Holiday Square prope~
owners (applicants/owners) and the City of Edgewater for a total offorty-eight (48) square feet of sign age.
Background
The applicants are owners of several non-conforming signs located at 1401 South Ridgewood Avenue. The
applicants have expressed interest in entering into an agreement for the purpose of bringing the non-
conforming signs into compliance, per Section 21-65 of the City of Edgewater Land Development Code.
I. The Applicants/Owners agrees to remove all signs on the subject property within three (3) months
from the date of execution on this Agreement (except Athens sign);
2. Within nine (9) months of the modification of the sign, Applicants/Owners hereby agree to further
modify the existing Athens Restaurant sign pursuant to Exhibit "B" and
3. The City agrees to the Applicants/Owners modifying the face of the existing Athens Restaurant sign to
include additional tenant panels for the existing shop owners;
4. The City further agrees that once the sign has been modified (pursuant to Exhibit "B"), Hall's Holiday
Square will be in compliance of the existing sign regulations and be conforming for the duration ofthe
current property use.
ST AFF RECOMMENDATION
Staff recommends allowing the City to enter into a "Sign Agreement" with Hall's Holiday Square property
owners.
ACTION REQUESTED
Motion to allow the City to enter into a "Sign Agreement" with Hall's Holiday Square property owners.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~A"
Robin Matusick ~
Paralegal
'\('Vvv-& ~ \\ao"".J~
Kenneth R. Hooper \ ~
City Manager \
r
Holiday Square sign agreement
.
~ ,.
d
~
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
o
Paul E. Rosenthal, Esquire
FOLEY & LARDNER LLP
III North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
(407) 423-7656
SIGN AGREEMENT
TillS SIGN AGREEMENT (this "Agreement") is made and entered into this _ day of
,2005, by and between the parties listed below:
1) Hall's Holiday Square Owners Association, 1401 S. Ridgewood Avenue, Edgewater, FL;
2) Athens Restaurant, Inc., 1401 S. Ridgewood Avenue, Suite #1, Edgewater, FL;
3) Charles J. Hewitt, Jr., 1401 S. Ridgewood Avenue, #2 and #3, Edgewater, FL;
4) John Roy & Nancy R. Coogler, 1401 S. Ridgewood Avenue, #4, Edgewater, FL;
5) Michael Stull, 1401 S. Ridgewood Avenue, #5, Edgewater, FL;
6) Edgar B. & Jacqueline L. Ellison, 1401 S. Ridgewood Avenue, #6, Edgewater, FL;
7) Harold J. & Daneen H. Read, 1401 S. Ridgewood Avenue, #7, Edgewater, FL;
8) AC Pawn, Inc., 1401 S. Ridgewood Avenue, #8 and 9, Edgewater, FL;
(hereinafter referred to as the "Applicants and Owners"), and the CITY OF EDGEW A TER, a
Florida municipal corporation, whose address is P.O. Box 100, Edgewater, Florida 32132-0100
(hereinafter referred to as the "City").
WITNE~~ETH:
o
WHEREAS, the Owner(s) are the owner(s) of that certain real property located in Volusia
County, Florida, as more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference (the "Sign Property"); and
WHEREAS, the Applicant(s) are the owner(s) ofa sign(s) (the "Non-Conforming Sign(s)")
within the Sign Property that constitutes an illegal and/or non-confirming sign(s) under the
provisions of Article VI of the Land Development Code ("LDC") for the City of Edgewater (the
"Sign Regulations"); and
WHEREAS, the Applicant(s), Owner(s) and City wish to enter into an agreement, as
contemplated by Section 21-65 of the LDC, for purposes of bringing the Non-Conforming Sign(s)
into compliance without enforcing the Sign Regulations by adjudication by the City's Code
Compliance Board or the court system.
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and
conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
(Agreement/Sign Agreement-Holiday Square)
1
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1)
The Applicants/Owners hereby agree to remove all signs on the subject property within three
(3) months from the date of execution on this Agreement (except Athens sign);
The City hereby agrees for the Applicants/Owners to modify the face of the existing Athens
Restaurant sign to include additional tenant panels for existing shop owners;
Within nine (9) months of the modification of the sign, Applicants/Owners hereby agree to
further modify the existing Athens Restaurant sign pursuant to Exhibit "B"; and
City further agrees that once the sign has been modified (pursuant to Exhibit "B"), Hall's
Holiday Square will be in compliance of the existing sign regulations and be conforming for
the duration of the current property use.
2)
3)
4)
Section 1. Recitals. The above recitals are true and correct, form a material part of this
Agreement, and are incorporated herein by this reference.
Section 2. Forbearance of Code Enforcement Action. The City agrees that, during
the term of this Agreement, it shall forgo enforcement of the Sign Regulations, including
adjudication by the City's Code Compliance Board or a court of law, and shall not otherwise
penalize or cause the Applicant to be penalized for the Applicant's current failure to remove or bring
.into compliance the Non-Conforming Sign(s).
Section 3. Removal ofN on-Conforming Sign(s ). The Owner and Applicant agree that,
in exchange for the City's forbearance of enforcement of the Sign Regulations, the Applicant.shall
remove, or cause to be removed, or bring into compliance the Non-Conforming Sign(s) by no later
than the _ day of ,2005. The Applicant further agrees that the Applicant, its agents,
contractors and employees shall take due care in performing those activities the Applicant deems
reasonably necessary to remove the Non-Conforming Sign(s) from the Sign Property.
Section 4. Mitigation of Sign Property. The Applicant shall; at its sole cost and
expense, restore any existing improvements on the Sign Property that are damaged by the Applicant
as a result of the Applicant's removal or alterations to the Non-Conforming Sign(s) and shall restore
the Sign Property to a condition which approximates as closely as reasonably practicable the
condition of the said existing improvements prior to being damaged by the Applicant.
Section 5. Avplicant's Authority to Enter Sign Property. The Owner hereby grants
the Applicant, its agents, contractors and employees the right to enter upon the Sign Property for the
limited purpose of allowing the Applicant, its agents, contractors and employees to perform those
activities on the Sign Property that the Applicant may deem reasonably necessary to remove the
Non-Conforming Sign(s) from the Sign Property.
Section 6. Default. The failure of the Applicant to remove or bring into compliance the
Non-Conforming Sign(s) by the agreed upon date provided in Section 3 above and/or the failure of
Owner to allow Applicant to enter upon the Sign Property to bring the Non-Conforming Sign(s) into
compliance shall constitute a default under this Agreement.
Section 7.
Remedies Upon Default. In the event of a default as defined in Section 6
(Agreement/Sign Agreement-Holiday Square)
2
, .
above, the City shall have the right to take whatever steps it deems nec'essary to bring the
Non-Conforming Sign(s) into compliance, including but not limited to, adjudication by the City's 0
Code Enforcement Board or through the court system. In addition, in the event of a default, the City
may, but is under no obligation to, enter upon the Sign Property and remove or bring into
compliance the Non-Conforming Sign(s) at the Applicant's expense.
Section 8. Termination. This Agreement shall terminate upon the removal of or
bringing into compliance of the Non-Conforming Sign(s).
Section 9. Headings. The headings of the paragraphs contained herein are intended for
reference purposes only and shall not be used to interpret the agreements contained herein or the
rights granted hereby.
Section 10. Modification. This Agreement may not be modified or amended without the
prior written consent of each of the parties hereto or their respective successors or assigns.
Section 11. Entire Agreement. This Agreement contains the entire understanding of the
parties hereto on the matters set forth herein.
IN WITNESS WHEREOF, the parties have subscribed their names and have caused this
Agreement to be executed as of the day and year first above written.
o
(Agreement/Sign Agreement-Holiday Square)
3
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Signed, sealed and delivered
in the presence of:
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF VOLUSIA
APPLICANT/OWNER:
HALL'S HOLIDAY SQUARE OWNERS
ASSOCIATION
Print Name:
Title:
The foregoing instrument was acknowledged before me this _ day of , 2005,
by , who is duly a authorized to execute this document
on behalf of Hall's Holiday Square Owners Association, Inc.. He/She is [ ] personally known to
me or [ ] has produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this _ day of
. ,2005.
Seal/Stamp
U (Agreement/Sign Agreement-Holiday Square) 4
Notary Public
Print Name
Signed, sealed and delivered
in the presence of:
APPLICANT/OWNER:
ATHENS RESTAURANT, INC. (Unit #1)
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~,,~~~~
Print Name - e. ' k:cs
~~
Print Name I)f}AEN /JJ/';q()t1/
~ to ~
PrintName:~ -is ~7S ~I/\
Title: (:J lA...- IV ?;-"(2
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this \ ~'\ day of ~(6h ,2005,
by \0-\. '"tc::,e.+se. ("\~ , ",:h'2Js- duly authorized to execute this
document on behalf of Athens Restaurant, Inc. He/She is [""f personally known to me or [ ] has
produced ~(""So r-a. Ul1 k("\(.MXl as identification.
WITNESS my hand and official seal in the County and State aforesaid this \ ~\ day of 0
~ck-. , 2005.
~~
~f~g~~~ MY C;MI\TT1 R. KENNEDY]- Notary Public
S liSt ~.~M MISSION # DO 3328lXl i
ea amp "'~p.f.r..~" aoo2PIRES:June27,2008 ~. (") \ 1
'''' ThruNOlaryPublicUrKlorwrhJrs rG....-\--h "'. Y'\-ef\('\e~
Print Name
(Agreement/Sign Agreement-Holiday Square)
5
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Signed, sealed and delivered
in the presence of:
APPLICANT/OWNER:
CHARLES J. HEWITT, JR., JRTS
(Units #2 & 3)
.
flJa JtLYl oJi) Vt' M-^
Print Name TYlar; ro OV-J en.s
cR~, C1 .
Print Name ~G"';(6-; flv
STAtE OF FLORIDA
COUNTY OF VOLUSIA
, rI' .
he foregoing instrument was acknowledged before me this ~ day offt QrcJ , 2005,
by C tl I Ie.. f "7 /1-(... "" / #- .;/1 . He/She is [(J personally known to me or
[ ] has produced as identification.
WITNESS my hand and official seal in the County and State aforesaid this /Crl~ay of
,/1 Il, cl ,2005. . .
Seal/Stamp
~ '-;t ~
Notary Public
tJOA/vI/~ ,( /p-e-<-/
Print Name
DONNA L. REED
",'tlltl", I rid
",\~..v 0",,,/,,, Notary PubHc . State of F 0 a
~~o . .. t>~ Sep24 IV'\I'llll
:: * * :lA.I"'-~C--... ,Lu.JQ
:. . . _IY'J\"oUIIJI~ n..~t....-."
;~. ~i Commission # DO 349886
"'{1 Pf f~<f,"~ ,,--- By NatIonal Notary Assn.
"."", UU'~ "
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Signed, sealed and delivered
in the presence of:
APPLICANT/OWNER:
JOHN ROY & NANCY R. COOGLER
(Unit #4)
o
~~
Print Name J:en,se. t3~J-
~
STATE OF FLORIDA
COUNTY OF VOLUSIA
-E:e foregoing instrument was acknowledged before me this al'd day of fY'tut:h ,2005,
by -:::.JOhV\ C~lce,( . He/She is [ ] personally known to me or
[v:fhas produced Dc.J:t..ezc.f(P..i.f7(,~$'1.Z5'6-0 as identification. .
WITNESS my hand and official seal in the County and State aforesaid this Wday of 0
f'fI ewe..fA ,2005.
~/I~
Notary Public
'7dP1or?S (+. ~[r!rv/2
rint Name I
OFFICIAL'NOTARYsEAL'
DOLORES HSHELORUP
Seal/Stamp NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. 00082194
MY COMMISSION EXP. MAR. 25,2006
(Agreement/Sign Agreement-Holiday Square)
7
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Signed, sealed and delivered
in the presence of:
APPLICANT/OWNER:
MICH EL STULL (Unit #5)
Print Name
Print Name: Yh J G~--€( '1',. 'S 'f-LL lL
Title: pr..e.s..
Print Name
STATE OF FLORIDA
. COUNTY OF VOLUSIA
ti
n,.,The foreg9ing inst~ent w s acknowledged before me this L day of~2005,
by 11/ ,'c h t!.. IS. ...) ~ .. He/She is [ ] personally known to me or
[ ] has produced · as identification.
Cja
(JdITNESS my hand and official seal in the County and State aforesaid this L day of
, 2005. ..
~~6~
().u f'h'( i1e f{ LWO Ie ,,/
Print Name
Seal/Stamp
"~:\:~I~~;-,, PAULINE BEAUSOLEIL
t:.f..~/'~"'",Notary Public - State of Florida
~ .: ^\l:, ~1v1yCcmmi5sbn ExJ::ies M:1r 31 , 2008
;.~~ :~? Commission # DO 287566
I, OF F\...O\,
"'''"",\ Bonded By Nalional Notary Assn.
o (Agreement/Sign Agreement-Holiday Square) 8
Signed, sealed and delivered
in the presence of:
APPLICANT/OWNER:
EDGAR B. & JACQUELINE L. ELLISON
(U nit #6)
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~7Y7~~
Print Name---J~f'Irfermtl.Y1~
~a- ~\L
Print Name v'a..f<V\ \2.D'-K.
(iii!]}fj;f>-i:. 01; ~ilAJ
Title: (5 IV !Jt;Vf_
STATE OF FLORIDA
COUNTY OF VOLUSIA
sf-- m... A I
The foregoing instrument was acknowledged before me this L day of / /uv~ 2005,
by t'bc'A Ie. 13 . ~ 0 N . He/She is [ ] personally known to me or
[ ] has produced ~O k~ as identification. .
y'l1 _ .WITNESS my hand and official seal in the County and State aforesaid this ,S'day of 0
ll!!::!!:. ' , 2005.
",~~'.:~IJ;:;"" PAULINE BEAUSOLEIL
lJ'. .'",~Nolary P\Jbllc . Stole 01 Florida
~ . : : . gMyCanmlssOnEl<p'es "''or 31, 2008
~~; o:'Q~ Commission # DO 287566
1"1 CF f\,: \,"
.""".-- Bonded By Notional Notary Assn.
~~t~
N", Public
-----f/a...u Iln..,. v3p a u..SIJ toe. ~ /
Print Name
Seal/Stamp
(Agreement/Sign Agreement-Holiday Square)
9
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Signed, sealed and delivered
in the presence of:
APPLICANT/OWNER:
HAROLD J. & DANEEN H. READ (Unit
#7)
~b-/.~ vH-- O~L
Print Name: /.-IAn 0 l.. D J: /f'c /.I D uk ~
Title: D~f..~
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF VOLUSIA
. . 0 The foregoing instrument was acknowledged before me this ,;lL/#tday of ',2005,
by J-\c.t ~ \A .::r ~f J1r! arx! DaVlE:.4! f. ~J . He/She is [] ersonally known to me or
[ ] has produced [N\Il~x's t:( c..fM..S"1 as identification.
. WITNESS my hand and official seal in the County and State aforesaid thi~~ day of
J\AC<~k , 2005.
Seal/Stamp
"\\\\lllll/",,,If.
~'\\~\~e Oe/oris A ~/~
~ .~\' ....... ~ ~
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~ ~ \ #00247035 j i!~
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'/11 "f../C ST~\" \.\\\1.
'"",,; /111\\\\\\
CiL ::Lv./J.e 1~ ~<>-<
Notary Public
Print Name
(Agreement/Sign Agreement-Holiday Square)
10
Signed, sealed and delivered
in the presence of:
APPLICANT/OWNER:
AC P AWN, INC. (Units #8 & 9)
~~~.
Print Name: . DAU l 0 ~~~~"e-
Title: ~S. '
Print Name
Print Name
STATE OF FLORIDA
COUNTY OF VOLUSIA
Thti or~oing instrument was acknowledged before me this III t1-ay of ~2005,
by A I C () .f '( e....- , who is duly authorized to execute this
document on behalf of AC Pawn, Inc. He/She is [ ] personally known to me or [ ] has produced
E.L..J)A. l.r~./lc. /bo _/11 -S''J -.J~~- 0 as identification. .
f:J...
WITNESS my hand and official seal in the County and State aforesaid this ~ day of
~ ,2005.
Seal/Stamp
"'~~\:~~::;"" PAULINE BEAUSOLEIL
~~o.~.. (~Notary Public. State of Florida
~.. : '~M{Canmi>sbnr:~tvb31 2008
..~. . ~.. ............CQ t
....,,~,~ o..fl CommIssIon # DO 287566
'II OF F\. ,\"
".."II' Bonded By National Notary Assn.
~J.,,,,&
Print Name
(Agreement/Sign Agreement-Holiday Square)
11
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CITY:
ATTEST:
CITY OF EDGEW A TER, a Florida
municipal corporation
By:
Susan 1. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
[Affix Seal]
Robin L. Matusick
Legal Assistant/Paralegal
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this _ day of , 2005,
by Donald A. Schmidt, as Mayor of the City of Edge water and Susan J. Wadsworth, as City ~lerk
of the City of Edgewater. They are [ ] personally known to me or [ ] have produced
as identification.
WITNESS my hand and official seal in the County and State aforesaid this _ day of
,2005.
Seal/Stamp
Notary Public
Print Name
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
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of , 2005 under
Agenda Item No.6
(Agreement/Sign Agreement-Holiday Square)
12
.
EXHIBIT "A"
(the "Sign Property")
1)
Hall's Holiday Square Owners Association, 1401 S. Ridgewood Avenue, Edgewater, FL
(Parcel #7433-16-00-0011);
2) Athens Restaurant, Inc., 1401 S. Ridgewood Avenue, Suite #1, Edgewater, FL (Parcel
#7433-16-00-0010);
3) Charles 1. Hewitt, Jr., 1401 S. RidgewoodAvenue, #2 and #3, Edgewater, FL (Parcel #7433-
16-00-0020 and #7433-16-00-0030 respectively);
4) John Roy & Nancy R. Coogler, 1401 S.Ridgewood Avenue, #4, Edgewater, FL (Parcel
#7433-16-00-0040);
5) Michael Stull, 1401 S. Ridgewood Avenue, #5, Edgewater, FL (Parcel #7433-16-00-0050);
/ 6) Edgar B. & Jacqueline L. Ellison, 1401 S. Ridgewood Avenue, #6, Edgewater, FL (Parcel
#7433-16-00-0060);
7) Harold J. & Daneen H. Read, 1401 S. Ridgewood Avenue, #7, Edgewater, FL (Parcel
#7433-16-00-0070) and;
8)
AC Pawn, Inc., 1401 S. RidgewoodAvenue, #8 and 9, Edgewater, FL (Parcel #7433-16-00-
0080 and #7433-16-00-0090 respectively).
(Agreement/Sign Agreement-Holiday Square) 1
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AGENDA REQUEST
Date: June 30. 2005
PUBLIC
HEARING
ORDINANCE Julv 18.2005
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-10
Scott R. Tobin, requesting annexation of 30.0 Haeres
of land located east of US Highway 1 and north of
Jones Fish Camp Road.
OWNER: Mid Florida Investments LLC
APPLICANT/AGENT: Scott Tobin
REQUESTED ACTION: Annexation
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PROPOSED USE: Multi-family residential condominiums
LOCATION: East of US Highway 1 and north of Jones Fish Camp Road
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AREA: 30.0 HAeres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia County - Urban Medium Intensity and Industrial
ZONING DISTRICT: Volusia County - R-6W, R-4W, and I-3W
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desilmation ZoniD!! District
North Vacant V olusia County - Industrial Volusia County - I-3W (Waterfront
Industrial)
East Vacant/Indian River V olusia County - Urban Medium Volusia County - RC (Resource
Intensity & Water Corridor) & R-6W (Urban Two Family
Residential)
South Vacant/Residential V olusia County - Urban Medium V olusia County - R4 W (Urban Single
Intensity Family Residential) & R-6W (Urban
Two Familv Residential)
West Vacant Volusia County - Urban Medium Volusia County - R-4W (Urban Single-
Intensity Family Residential) & B-4W (General
Commercial)
AN-0502 - Scott Tobin2
Background
This property is located east of US Highway I and north of Jones Fish Camp Road. The applicant is proposing to
construct residential condominiums on the property. Attached is an Annexation Report, which pertains to this and 0
other properties within the South U.S. I Annexation area. A rezoning shall occur at a later date with specifics
regarding, but not limited to, number of units, building heights, setbacks, etc.
The Planning and Zoning Board heard this request on April 13, 2005.
City Council voted to approve Ordinance No. 2005-0-10 at first reading on April 18, 2005.
Land Use Compatibility
The majority of the surrounding area is vacant and residential. To the north is undeveloped industrial property. The
proposed condominiums are compatible with the medium and high-density residential usage currently proposed for east
of US Highway 1.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water via a 12-inch water main is available along U.S. I 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 six-inch (6") force main.
Natural Environment
There are no known environmental issues with this site.
Comprehensive Plan Consistency
Annexation ofthis property is consistent with the Comprehensive Plan. Policy 1.8.3 states: "New development proposed
within the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards 0
as a condition for the extension of public utilities."
Since the projected future demand for residential acreage is 3,854 acres and the Future Land Use Map only indicates
3,300 future developable acres, there may be a need for annexation or increased density to compensate the demand. The
typical reactions of the market to the demand for housing are anticipated to close the gap between the additional 554
acres that may be needed, considering the ample supply of vacant land currently surrounding the City.
Other Matters
A Comprehensive Plan Future Land Use Map and Official Zoning Map amendment will be heard at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-10, annexing 30.01:1: acres located east of US Highway I and north
of Jones Fish Camp Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-10
PREVIOUS AGENDA ITEM:
YES
x
NO
AGENDA ITEM NO.
6C
~:- ("'r(}'i A ~ ~Ji
Robin Matusick
Paralegal
~V~&\(\~~~
K~nneth R. Hooper - \ "''''\ 't- 0
CIty Manager \ 0
AN-0502 - Scott Tobin2
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ORDINANCE NO. 2005-0-10
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED EAST OF U. S. HIGHWAY #1 AND NORTH OF
JONES FISH CAMP ROAD, VOL USIA COUNTY, INTO THE
CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOL USIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; 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. Scott R. Tobin, agent and applicant for property owned by AH Edgewater, LLC and
'-.) located east ofD.S. Highway #1 and north of Jones Fish Camp road, within V olusia County, Florida.
o
Subject property contains approximately 30.01 :!:: 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 April 13, 2005, the Board
Shtick tlllotlgh passages are deleted.
Underlined passages are added.
2005-0-10
1
recommended by a vote of6 to 0 that the property be annexed into the City of Edgewater.
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 ATER, 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 ofthe 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 of this 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 Volusia County Growth Management Department,
and the Department of State.
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.
StlttGk tIuOttgl. passages are deleted.
Underlined passages are added.
2005-0-10
2
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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 V olusia County, Florida.
PARTE.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on April 18, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
Stl tick tluongh passages are deleted.
Underlined passages are added.
2005-0-10
3
The second reading/public hearing of this ordinance held during the May 2, 2005 City
Council meeting was continued until the July 18, 2005 City Council meeting.
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on July 18, 2005, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 18th day of July, 2005.
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
Stltlck t1uongh passages are deleted.
Underlined passages are added.
2005-0-10
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of July, 2005 under Agenda Item No.6.
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Lot 15, 16,26,27 and the Easterly 100' of Lot 25, RIVERFRONT ESTATES, Unit No.2, as
recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida.
The South 100' of Lot 6, RIVERFRONT ESTATES, as recorded in Map Book 19, Page 18 of the
Public Records of V olusia County, Florida. Together with any riparian rights appertaining thereto.
Lots 13 and 14, RIVERFRONT ESTATES, Unit No.2, a Subdivision according to map thereof
recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida. (Bearings
refer to RIVER P ARK MOBILE HOME COLONY SECTION 2, Map Book 32, Page 107 and based
on the North line of Indian River Drive as N 68044'20" E).
Lots 28,31,32,35 and 36, RIVERFRONT ESTATES, Unit No.2, as Recorded in Map Book 19,
Page 31 of the Public Records of V olusia County, Florida, and filled land lying East of said Lot 36,
together with, any and all accretions, riparian and littoral rights appertaining thereto.
EXCEPTING THEREFROM:
A parcel ofland in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES,
Unit No.2, as recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida,
described as follows: Begin at the S.W. Comer of Lot 35, RIVERFRONT ESTATES, Unit No. 2 as
recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida; thence along
the Westerly line of said Lot 35, on an assumed bearing run N 22044'32" W, 319.82 ft; thence N
69016'01" E, 633.63 ft, to a Point on the existing shoreline of the Indian River North; thence along
the meanders of said shoreline the following courses and distances, S 11051'56" E, 50.58 ft; thence
S 04022'24" E, 62.38 ft; thence S 35002'40" W, 52.93 ft; thence S 02035'13" W, 88.75 ft; thence S
56049'20" E, 35.84 ft; thence S 16014'06" E, 50.88 ft; thence S 20024'24" E, 23.6 ft; to a Point on
the South line of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot
35, S 69046'32" W, 535.15 ft to the Point of Beginning. Together with any and all accretions,
riparian and littoral rights appertaining thereto.
Containing 30.01 i: acres more or less.
Stl tIGk tit! otI~h passages are deleted.
Underlined passages are added.
2005-0-10
5
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AGENDA REQUEST
Date: June 30. 2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE July 18.2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No, 2005-0-11
-
Rodney Jones, agent and applicant for A.S.D.
Properties Management LLC., requesting annexation of
110.66:1: acres ofland located east of Old Mission Road
ami"nOiTh of Mission Oaks Condominium.
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OWNER: A.S.D, Properties Management LLC.
APPLICANT/AGENT: A.S.D. Properties Management LLC.
REQUESTED ACTION: Annexation
PROPOSED USE: Manufactured Home Park
LOCATION: East of Old Mission Road, north of Mission Oaks Condominium and south of Josephine Street.
AREA: 110.66:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County-Low Impact Urban, Environmental Systems Corridor, and Urban Medium
Density
ZONING DISTRICT: V olusia County MH-5 (Urban Mobile Home), MH-I (Mobile Home Park), MH-7 (Mobile Home
Park) and RC (Resource Corridor)
VOTING DISTRICT: I
SURROUNDING AREA:
Current Land Use FLUM Desi~nation Zonin!!: District
North Vacant, Mobile Homes Volusia County - Environmental Volusia County - MH-2 (Mobile
Systems Corridor, Urban High Home & Recreation Park), MH-5
Intensity, and Urban Medium (Urban Mobile Home), and RC
Intensity (Resource Corridor)
East Vacant, Mobile Homes, Volusia County - Environmental Volusia County- R-3 (Urban Single
Single Family Systems Corridor, Urban Medium Family Residential), MH-5 (Urban
Residential Intensity, and Urban Low Intensity Mobile Home), and RC (Resource
Corridor)
South Vacant and Single Volusia County - Environmental Volusia County - MH-5 (Urban
Family Residential Systems Corridor, Low Impact Mobile Home), RC (Resource
Urban Corridor)
West Vacant, Single Family Volusia County- Urban Medium Volusia County - R-4 (Urban Single
Residential, Mobile Intensity Family Residential), and MH-2
Home and Campground (Mobile Home & Recreation Park)
AN-0503 - ASD PRoperties2
?"
Background
The majority ofthe property is zoned for Mobile Home usage within the County. The applicant proposes to annex
into the City and develop consistent with the City's Future Land Use and Zoning.
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The Planning and Zoning Board heard this request on April 13, 2005.
City Council voted to approve Ordinance No. 2005-0-11 at first reading on April 18, 2005. At the May 2, 2005
meeting, Council voted to continue this item to the July 18, 2005 meeting.
Land Use Compatibility
The proposed residential use is compatible with the surrounding area.
Adequate Public Facilities
This property has access to Old Mission Road. The property lies within the water and sewer service area of the City of
Edgewater per an agreement with both the City of New Smyrna Beach and the Utilities Commission of New Smyrna
Beach. Plans for utility lines in this area have been accommodated partially by the Western Reserve Area Utilities
Project. Adequate plant capacity exists to serve this area based on the density limitations for the existing zoning.
Natural Environment
This property is heavily wooded, although some underbrushing has occurred. An environmental assessment shall be
completed prior to any clearing or development of this site.
Comprehensive Plan Consistency
Annexation ofthis property is consistent with the Comprehensive Plan. Policy 1.8.3 states: "New development proposed
within the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards
as a condition for the extension of public utilities."
Since the projected future demand for residential acreage is 3,854 acres and the Future Land Use Map only indicates
3,300 future developable acres, there may be a need for annexation or increased density to compensate the demand. The 0
typical reactions of the market to the demand for housing are anticipated to close the gap between the additional 554
acres that may be needed, considering the ample supply of vacant land currently surrounding the City.
Other Matters
The Official Zoning Map amendment shall come at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-11, annexing 110.66::1: acres of land located east of Old Mission
Road, north of Mission Oaks Condominium south of Josephine Street.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-11
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE: 4-18-05
5-2-05
AGENDA ITEM NO.
6D
6F
Respectfully Submitted By:
~~L~~
Robin Matusick
Paralegal
~~&\?w\\ac~~~~ ."
Kenneth R. Hooper ~ \ 0
City Manager
AN-0503 - ASD PRoperties2
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ORDINANCE NO. 2005-0-11
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED EAST OF OLD MISSION ROAD AND NORTH OF
MISSION OAKS, VOL USIA COUNTY, INTO THE CITY OF
EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; 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. Rodney Jones, agent and applicant for A.S.D. Properties Management, LLC., owner
U of property located east of Old Mission Road and North of Mission Oaks, within Volusia County,
Florida. Subject property contains approximately 110.66 :!: 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 1 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on April 13, 2005, the Board
Q
Stltl,k t1u ol1gh passages are deleted.
Underlined passages are added.
2005-0-11
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
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 of this 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 Volusia County Growth Management Department,
and the Department of State.
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.
StlUGk tll1ou~h passages are deleted.
Underlined passages are added.
2005-0-11
2
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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.
PARTE.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
first reading of this ordinance held on April 18, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
Stln~k tluongh passages are deleted.
Underlined passages are added.
2005-0-11
3
The second reading/public hearing of this ordinance held during the May 2, 2005 City
Council meeting was continued until the July 18, 2005 City Council meeting.
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on July 18, 2005, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 18th day of July, 2005.
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
Stll1Gk till ongh passages are deleted.
Underlined passages are added.
2005-0-11
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of July, 2005 under Agenda Item No. 6_.
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
LEGAL DESCRIPTION (OR BOOK 2450, PG 1863)
PARCEL A:
The following land in V olusia County, Florida:
All of Block "D" except Lot 2 West of Canal and North of Road; that part of Lot 1, Block "E" lying
South of Road, except that portion described as follows: Beginning at the Southwesterly comer of
said Lot 1, Block "E", thence Northerly along the Westerly line of said Lot, a distance of325 feet
to the Point ofIntersection of the West line of Lot 1 with the County Road; thence Northerly along
County Road a distance of225 feet; thence Southeasterly 575 feet more or less to the Southeasterly
comer of said Lot; thence Westerly along Southerly line to the Point of Beginning, all being situated
in the JAMES LUPE SUBDIVISION, per Map Book 2, page 33, Public Records of V olusia County,
Florida.
ALSO:
That part of Lot 5 of the middle 1/3 of the AMBROSE HULL GRANT, according to the map in Map
Book 1, Paged 141, described as follows: Beginning at the Southeast comer of Block "D" of JAMES
LUPE'S SUBDIVISION of the AMBROSE HULL GRANT, thence Southerly on a line being the
extension of the East line of Block "D", a distance of 220 feet; thence Westerly to the Southwest
comer of said Block "D"; thence Easterly along the South line of said Block "D" to the Point of
Beginning, except that part described as follows: Property in Block "D" of the JAMES LUPE
SUBDIVISION, per Map Book 2, Page 33, Public Records of Vol usia County, Florida, described
as follows: Commence at the SE comer of Block "D" of JAMES LUPE SUBDIVISION; thence
Southerly on a line being the extension of the East line of Block "D", a distance of220.1 feet; thence
South 67022' West 1223.6 feet; thence North 76032' West 352.26 feet; thence North 22046'20" East
735.77 feet; thence South 67013'40" East 277.66 feet; thence South 22046'20" West 55 feet; thence
South 17020'40" East 10 feet for the Point of Beginning; thence South 17020'40" East 225 feet;
thence South 72039'20" West 133.33 feet; thence North 17020'40" West 225 feet; thence North
72039'20" East 133.33 feet to the Point of Beginning.
TOGETHER WITH:
StI nck 1111 ongh passages are deleted.
Underlined passages are added.
2005-0-11
5
.
LEGAL DESCRIPTION (OR BOOK 2476, PG 1012)
Q
PARCEL "A":
A parcel ofland in the middle of3rd of the AMBROSE HULL GRANT, (said Middle 3rd lying and
being in Section 44, T-17-S; R-33-E and Section 53, T-17-S; R-34-E) and described as follows:
Commence at the Northeast comer of said Middle yd; thence Southerly along the East line of the
HULL GRANT 1631.6 feet for the Point of Beginning; thence S 23030' E, 1531.52 feet along the
Easterly line of HULL GRANT; thence S 64042' W. 2331.76 feet; thence N 13026'30" E, 1806.24
feet; thence N 4013' W, 69.25 feet; thence N 65050' E, 1223.63 feet to the Point of Beginning,
Containing 61.56 acres more or less and all being in said AMBROSE HULL GANT;
PARCEL "B":
A parcel ofland in the Middle Third of the AMBROSE HULL GRANT, said Middle Third lying and
. begin in Section 44, Township 17 South, Range 33 East and Section 53, Township 17 South, Range
34 East and described as follows: Commence at the Northeasterly comer of said Middle Third,
thence Southerly along the Easterly line of the AMBROSE HULL GRANT, 1631.6 feet, thence
South 65050' West, 1223.63 feet for the Point of Beginning of the description, thence S 4013' E,
69.25 feet; thence N 76036' W, 556.56 feet to the Mission Road (Old Turnbull Hammock Road)
thence with the said Road N 22022' E 66.82 feet, thence S 76036' E, 525.49 feet to the Point of
Beginning of this description. Subject to an easement over Parcel "B" for road purposes.
PARCEL "C":
o
A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle
3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8, Page
125, of the Public Records of Vol usia County, Florida, being described as follows: Commence at
the Southeasterly comer of Block "F", said LOVEJOY'S 2ND SUBDIVISION; thence North
21000'00" West, along the Easterly line of said Block "F", a distance of 1300.00 feet; thence South
69012'53" West, a distance of 1548.04 feet for the Point of Beginning; thence South 21000'00" East,
a distance of 281.30 feet; thence South 69012'53 " West, a distance of 1548.14 feet; thence North
21001'46" West, a distance of281.30 feet; thence North 69012'53" East, a distance of 1548.29 feet
to the Point of Beginning.
Subject to an together with a 30 foot easement for ingress/egress and utilities described as follows:
A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle
3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8, Page
125, of the Public Records of V olusia County, Florida being described as follows: Commence at the
Southeasterly comer of Block "F", said LOVEJOY'S 2ND SUBDIVISION; thence North 21000'00"
West, along the Easterly line of said Block "F", a distance of 1300 feet; thence South 69012'53"
StltlGk tll1otl~l, passages are deleted.
Underlined passages are added.
2005-0-11
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West, a distance of1548.04 feet; thence South 21 000'00" East, a distance of 125.65 feet for the Point
of Beginning; thence continue South 21000'00" East, a distance of 30.00 feet; thence South
69012'53" West, a distance of 12.54 feet; thence North 65047'07" West, a distance of 177.69 feet;
thence South 69012'53" West, a distance of 1631.58 feet to the Easterly line of Old Mission Road,
as now occupied; thence North 02026'47" West, along said Easterly line of Old Mission Road, a
distance of 31.61 feet; thence North 69013'32" East, a distance of 1634.07 feet; thence South
65047'07" East, a distance of 177.69 feet to the Point of Beginning.
Containing 110.66 :i: acres more or less.
Stlllck tluol1gh passages are deleted.
Underlined passages are added.
2005-0-11
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AGENDA REQUEST
Date: June 30. 2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE July 18. 2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-16
--.
River Colony Inc., requesting annexation of 4.2:J: acres
of land located north of Jones Fish Camp Road and
west of the Indian River.
OWNER: River Colony Inc.
APPLICANT/AGENT: River Colony Inc.
REQUESTED ACTION: Annexation
PROPOSED USE: SinglelDuplex Residential Subdivision
LOCA TION: North of Jones Fish Camp Road, west of the Indian River
AREA: 4.2:J: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Medium Intensity
ZONING DISTRICT: Volusia County - R-6W (Urban Two-Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desilmation Zonin!?: District
North Vacant Volusia County - Urban Medium Volusia County- R-6 (Urban Two-
Intensity Family Residential)
East Indian River Water Volusia County- RCW (Resource
Corridor)
South Vacant Volusia County - Urban Medium Volusia County - R-6W (Urban
Intensity Two-Family Residential)
West Vacant Volusia County - Urban Medium Volusia County - R-6W (Urban
Intensity Two-Family Residential)
Background
This property is located north of Jones Fish Camp Road with access to the Indian River. First reading of the
annexation of property to the north and west was heard by City Council on April 18, 2005. The applicant is
proposing a single-family and duplex subdivision.
City Council approved Ordinance No. 2005-0-16 at first reading on May 16,2005.
AN-0505 - River Colony
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Land Use Compatibility
The annexation and proposed residential use of this parcel is compatible with the surrounding area.
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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 an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
Natural Environment
An environmental impact study must be completed and approved by City staff prior to development of this property.
Comprehensive Plan Consistency
Annexation of this property is consistent with the Comprehensive Plan. Policy 1.8.3 of the Future Land Use Element
states: "New development proposed within the County in areas that are contiguous to the City shall be annexed into the
City and developed to City standards as a condition for the extension of public utilities."
Since the projected future demand for residential acreage is 3,854 acres and the Future Land Use Map only indicates
3,300 future developable acres, there may be a need for annexation or increased density to compensate the demand. The
typical reactions of the market to the demand for housing are anticipated to close the gap between the additional 554
acres that may be needed, considering the ample supply of vacant land currently surrounding the City.
Other Matters
Requests for rezoning, preliminary plat approval and final plat approval shall occur at a later date.
o
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-16, annexing 4.2:1: acres ofland located north of Jones Fish
Camp Road and west of the Indian River.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-16.
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
5-16-05
AGENDA ITEM NO.
6E
~~rro-d~r:YCJ\
Robin Matusick
Paralegal
~~&Q~?~
Kenneth R. Hooper ~ ~
City Manager 1 U
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AN-0505 - River Colony
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ORDINANCE NO. 2005-0-16
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED NORTH OF JONES FISH CAMP ROAD AND
WEST OF THE INDIAN RIVER, VOL USIA COUNTY, INTO
THE CITY OF EDGEW A TER, 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 STATE; 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:
I. River Colony, Inc., owner and applicant for property located North of Jones Fish
U Camp Road and West of the Indian River, within V olusia County, Florida. Subject property contains
approximately 4.22: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 May II, 2005, the Board
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Stl OGk tlu oogh passages are deleted.
Underlined passages are added.
2005-0-16
I
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
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 of this 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 Volusia County Growth Management Department,
and the Department of State.
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.
StI tick 1111 otl~h passages are deleted.
Underlined passages are added.
2005-0-16
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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 Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on May 16,2005, 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
Stl tlGk tIll otl~l, passages are deleted.
Underlined passages are added.
2005-0-16
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on July 18, 2005, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 18th day of July, 2005.
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
Stltlck tluongl. passages are deleted.
Underlined passages are added.
2005-0-16
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of July, 2005 under Agenda Item No.6.
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A parcel ofland in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES
UNIT 2, as recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida,
described as follows:
Begin at the SW comer of Lot 35 RIVERFRONT ESTATES UNIT 2, as recorded in Map Book 19,
Page 31 of the Public Records of V olusia County, Florida; thence along the Westerly line of said Lot
35, on an assumed bearing run N 22044'32" W, 319.82 feet; thence N 69016'01" E, 633.63 feet to
a point on the existing shoreline of the Indian River North; thence along the meanders of said
shoreline the following courses and distances, S 11051'56" E, 50.58 feet; thence S 04022'24" E, 62.38
feet; thence S 35002'40" W, 52.93 feet; thence S 02035'13" W, 88.75 feet; thence S 56049'20" E,
35.84 feet' thence S 16014'06" E, 50.88 feet; thence S 20024'24" E, 23.60 feet to a point on the South
line of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot 35, S
69046'32" W, 535.15 feet to the POINT OF BEGINNING, TOGETHER WITH, any and all
accretions, riparian and littoral rights appertaining thereto.
Containing 4.22 :!: acres more or less.
Shtick thlotlgh passages are deleted.
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2005-0-16
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AGENDA REQUEST
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Date: June 30. 2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE Julv 18. 2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-18
Rodney Jones, requesting annexation of.68:1: acres
ofIand located at 1 155 Old Mission Road.
-
OWNER: Audrey F. Putnam
APPLICANT/AGENT: Rodney Jones
REQUESTED ACTION: Annexation
PROPOSED USE: There are no proposed changes to the use at this time.
LOCATION: 1155 Old Mission Road
AREA: .68:1: Acres
CURRENT LAND USE: Single Family Residential
FLUM DESIGNATION: Volusia County - Urban Medium Intensity
ZONING DISTRICT: V olusia County - MH- I (Mobile Home Park)
VOTING DISTRICT: I
SURROUNDING AREA:
Current Land Use FLUM Desi!!nation Zonin!! District
North Vacant Volusia County - Urban Volusia County - MH-I (Mobile
Medium Intensity Home Park)
East Vacant Volusia County - Urban Volusia County - MH-1 (Mobile
Medium Intensity Home Park)
South Vacant Volusia County - Urban Volusia County - MH-I (Mobile
Medium Intensity Home Park)
West Vacant Volusia County - Urban V olusia County - MH-1 (Mobile
Medium Intensity Home Park)
Background
This parcel is located at 1155 Old Mission Road, and is a separate parcel within the 1 OO-acre annexation
heard by the Planning and Zoning Board on March 9, 2005 and by Council on May 2,2005. The property
contains a single-family mobile home on-site with associated residential accessory structures. There are no
proposed changes to the site at this time.
AN-0508 - Jones
....
\,.
At their regular meeting of May 11, 2005 the Planning and Zoning Board voted to send a favorable
recommendation to City Council for the proposed annexation.
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City Council voted to approve this request at fIrst reading on June 6,2005.
Land Use Compatibility
The current residential unit is compatible with the existing surrounding area, as well as the proposed
Manufactured Home development.
Adequate Public Facilities
This property has access to Old Mission Road, via a recorded access easement. The property lies within
the water and sewer service area of the City of Edgewater per an agreement with both the City of New
Smyrna Beach and the Utilities Commission of New Smyrna Beach. Plans for utility lines in this area have
been accommodated partially by the Western Reserve Area Utilities Project. Adequate plant capacity
exists to serve this area based on the density limitations for the existing zoning.
Natural Environment
There are no known environmental issues associated with this site.
Comprehensive Plan Consistency
This annexation is consistent with Comprehensive Plan due to Policy 1.8.2 ofthe Future Land Use Element
specifIcally stating: "In order to reduce land use conflicts and for effIcient public service provision, the City
shall investigate and, where feasible, annex all enclaves as soon as possible.
Other Matters
The Comprehensive Plan Future Land Use Map and OffIcial Zoning Map amendments shall occur at a 0
later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-18, annexing .68::1:: acres ofland located at 1155 Old
Mission Road.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-18.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
6-06-05
AGENDA ITEM NO. 6E
~~"-~
Robin Matusick
Paralegal
'~A.\?\\o~~ 1"
Kenneth R. Hooper "\
City Manager
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AN-0508 - Jones
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ORDINANCE NO. 2005-0-18
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 1155 OLD MISSION ROAD, VOLUSIA
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
EDGEWATER CORPORATE LIMITS; PROVIDING FOR
FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOL USIA COUNTY, THE VOLUSIA COUNTY PROPERTY
APPRAISER AND THE DEPARTMENT OF STATE;
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. Rodney Jones, agent and applicant for Audrey F. Putnam and Calvin R. Putnam,
owners of property located at 1155 Old Mission Road, within V olusia County, Florida. Subject
property contains approximately .68 :!: 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 1 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on May 11, 2005, the Board
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
Stt tick till ongh passages are deleted.
Underlined passages are added.
2005-0-18
1
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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.
o
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 ofthe 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 ofthe Charter ofthe 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 of this ordinance shall be filed with the
o
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
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,
Stlllck tluongh passages are deleted.
Underlined passages are added.
2005-0-18
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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 Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on June 6, 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
Stll1Gk tluOl1gh passages are deleted.
Underlined passages are added.
2005-0-18
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on July 18, 2005, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 18th day of July, 2005.
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 tlllotl~l, passages are deleted.
Underlined passages are added.
2005-0-18
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of July, 2005 under Agenda Item No. 6_.
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A part of Block "D" of the James Lupe Subdivision, per Map Book 2, page 33, Public Records of
Volusia County, Florida described as follows:
Commence at the SE comer of Block D of James Lupe Subdivision; thence Southerly on a line being
the extension of the East line of Block D, a distance of220.1 feet; thence South 67022' West 1223.6
feet; thence North 76032' West 352.26 feet; thence North 22046'20" East 735.77 feet; thence South
67013'40" East 277.66 feet; thence South 22046'20" West 55 feet; thence South 17020'40" East 10
feet for the Point of Beginning; thence South 17020'40" East 225 feet; thence South 72039'20" West
133.33 feet; thence North 17020'40" West 225 feet; thence North 72039'20" East 133.33 feet to the
Point of Beginning.
Containing .68 i: acres more or less.
Stltlc.k t1i1ough passages are deleted.
Underlined passages are added.
2005-0-18
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AGENDA REQUEST
Date: June 30, 2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE July 18, 2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-29
David O. Lind, requesting annexation of 4.1:1: acres
of land located along the northeast corner of US
Highway 1 and Jones Fish Camp Road.
OWNER: David O. Lind
APPLICANT/AGENT: David O. Lind
REQUESTED ACTION: Annexation
PROPOSED USE: There are no proposed changes to the use at this time.
LOCATION: Northeast corner of US Highway 1 and Jones Fish Camp Road
AREA: 4.1::1:: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Medium Intensity
ZONING DISTRICT: Volusia County - B-4W (General Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant Volusia County - Industrial Volusia County-I-3W (Waterfront
Industrial)
East Vacant and Single- V olusia County - Urban Volusia County - R-4W (Urban
Family Residential Medium Intensity Single Family Residential)
South Commercial Volusia County - Urban Volusia County- B-5W (Heavy
Medium Intensity Commercial)
West Vacant Volusia County - Commercial Volusia County - B-4 (General
Commercial), B-2 (Neighborhood
Commercial)
AN-0509 - Lind
"
Background
This parcel is located on the northeast corner of US Highway 1 and Jones Fish Camp Road.
At their regular meeting of May 11,2005 the Planning and Zoning Board voted to send a favorable
recommendation to City Council for the proposed annexation.
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City Council voted to approve this request at first reading on June 6, 2005.
Land Use Compatibility
The annexation and future development of this property is compatible with the surrounding area.
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 via a 12-inch water main 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 six-inch (6") force main.
Natural Environment
An environmental assessment will be required prior to anyon-site development.
Comprehensive Plan Consistency
This annexation is consistent with Comprehensive Plan due to Policy 1.8.3 of the Future Land Use Element
specifically stating: "New development proposed within the County in areas that are contiguous to the City
shall be annexed into the City and developed to City standards as a condition for the extension of public
utilities. "
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Other Matters
The Comprehensive Plan Future Land Use Map and Official Zoning Map amendments shall occur at a
later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-19, annexing 4.1:1: acres ofland located along the
northeast corner of US Highway 1 and Jones Fish Camp Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-29.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
6-06-05
AGENDA ITEM NO. 6F
~rroLlJ~C\
Robin Matusick
Paralegal
\(~~ '\(\,\~~ ~10"
Kenneth R. Hooper -\ \
City Manager
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AN-0509 - Lind
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ORDINANCE NO. 2005-0-29
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT THE NORTHEAST CORNER OF U.S.
HIGHWAY NO.1 AND JONES FISH CAMP ROAD, VOLUSIA
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
EDGEWATER CORPORATE LIMITS; PROVIDING FOR
FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOL USIA COUNTY, THE VOL USIA COUNTY PROPERTY
APPRAISER AND THE DEPARTMENT OF STATE;
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. David O. Lind, owner and applicant for the David O. Lind Revocable Living Trust
'-.) for property located at the Northeast comer of U.S. Highway No. 1 and Jones Fish Camp Road,
o
within V olusia County, Florida. Subject property contains approximately 4.1 .i: 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 May 11, 2005, the Board
Stll1ck tlllol1~h passages are deleted.
Underlined passages are added.
2005-0-29
1
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
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 ofthe 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 of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
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.
Stltlck tluot:lgh passages are deleted.
Underlined passages are added.
2005-0-29
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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 Lichter, the vote on
the first reading of this ordinance held on June 6, 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
ShnGk t1l1ongh passages are deleted.
Underlined passages are added.
2005-0-29
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on July 18, 2005, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 18th day of July, 2005.
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 t1Gk tIlIotlg,h passages are deleted.
Underlined passages are added.
2005-0-29
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of July, 2005 under Agenda Item No. 6_.
4
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Parcel # 1 :
The East 100 feet of Lot 3, Plat of Riverfront Estates Unit No.2, according to the map or plat
thereof, as recorded in Map Book 19, page 31, of the Public Records of Vol usia County, Florida.
And
Parcel #2:
Lots 1, 2, and 3, except the Easterly 100 feet of Lot 3, Plat of Riverfront Estates Unit No.2,
according to the map or plat thereof, as recorded in Map Book 19, Page 31, of the Public Records
of Vol usia County, Florida.
Containing 4.1 i: acres more or less.
Shtick tluotlgh passages are deleted.
Underlined passages are added.
2005-0-29
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AGENDA REQUEST
Date: June 30. 200S
PUBLIC
HEARING
x
RESOLUTION
BOARD
APPOINTMENT
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 200S-0-33
.
G. \'\.
ORDINANCE July 18. 200S
OTHER
BUSINESS
Marcia E. Barnett requesting annexation of9.91::1:
acres of land located south of 3 Sth Street, ~f
Travelers Palm Drive and west of Needle Palm
Drive.
OWNER: Tony and Hope Pawlak
APPLICANT/AGENT: Marcia Barnett
REQUESTED ACTION: Annexation
PROPOSED USE: Single-family residential.
LOCATION: South of3Sth Street, east of Travelers Palm Drive and west of Needle Palm Drive
AREA: 9.91::1: Acres
CURRENT LAND USE: Vacant /Single Family Residence
FLUM DESIGNATION: Volusia County - Rural
ZONING DISTRICT: Volusia County A-2 (Rural Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use
North Single-Family
Residential and
Vacant
East Vacant
FLUM Desi nation
Low Density Residential with
Conservation Overlay and
V olusia Coun - Rural
Low Density Residential with
Conservation Overlay and
V olusia Coun - Rural
Low Density Residential with
Conservation Overlay and
V olusia Coun - Rural
Low Density Residential with
Conservation Overlay and
Volusia Coun - Rural
South Vacant
West Vacant
AN-0510. Barnett-Pawlak
Zonin District
R-2 (Single-Family Residential),
and Volusia County - A-2 (Rural
A riculture
R-2 (Single-Family Residential)
and Volusia County - A-2 (Rural
A riculture
R-2 Single-Family Residential) and
Volusia County - A-2 (Rural
A riculture
R-2 (Single-Family Residential)
and Volusia County - A-2 (Rural
A riculture)
1
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Background
These parcels are located within the Washington Park subdivision. Portions of this subdivision were annexed
into the City in November 2001. The developer is proposing a single- family home development comparable to U
the existing usage in Florida Shores on this property.
The Planning and Zoning Board voted to send a favorable recommendation to City Council at the June 8, 2005
meeting. City Council voted to approve the annexation at first reading on June 20, 2005.
Land Use Compatibility
The proposed single-family residential use is compatible with the properties to the north, which is the southern
portion of Florida Shores subdivision; the properties to the south, west and east are vacant.
Adequate Public Facilities: Portions of this property have access to 35th Street. The proposed
development shall be in compliance with infrastructure concurrency standards prior to on-site construction.
Natural Environment: The vegetation consists of pine flatwoods, sand live oak, mixed range land and wet
prairie. Any proposed development shall require approval of an environmental assessment.
Comprehensive Plan Consistency
This amendment is consistent with several policies within the Comprehensive Plan Future Land Use Element
including Policy 1.1.1, which states that "In order to reduce land use conflicts and for efficient public service
provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible."
Policy 1.1.2 states "New development proposed within the County in areas that are contiguous to the City shall
be annexed into the City and developed to City standards as a condition for the extension of public utilities."
Other Matters
There are no other known matters associated with this site.
o
ST AFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-33, annexing 9.91:1: acres ofland located south of
35th Street, east of Travelers Palm Drive and west of Needle Palm Drive.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-33.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
6-20-05
AGENDA ITEM NO. 6B
~'('rn~~J'
Robin ~atusick
Paralegal
V,~~~\(.'\\oo~~ .
Kenneth R. Hooper h" \frv
City Manager 1 0
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AN-051O - Barnett-Pawlak
2
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ORDINANCE NO. 2005-0-33
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF 35TH STREET, QUEEN PALM DRIVE,
EAST OF TRAVELERS PALM DRIVE AND WEST OF
NEEDLE PALM DRIVE, VOLUSIA 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 VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; 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.
Marcia E. Barnett, agent and applicant for Hope and Tony Pawlak, owners of property
located South of 35th Street, Queen Palm Drive, East of Travelers Palm Drive and West of Needle
Palm Drive, within V olusia County, Florida. Subject property contains approximately 9.91 :!: 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 June 8, 2005, the Board
Stltlck tl1lotlgh passages are deleted.
Underlined passages are added.
2005-0-33
recommended by a vote of 7 to 0 that the property be annexed into the City of Edgewater.
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 Edgewater are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 ofthe Charter of the City of Edgewater, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingl y.
4.
Within seven (7) days after adoption, copies of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
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.
Shuck t1l1ou~h passages are deleted.
Underlined passages are added.
2005-0-33
2
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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,
PARTF.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on June 20, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
StltlGk tluongh passages are deleted.
Underlined passages are added.
2005-0-33
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on July 18, 2005, was as
follows:
Mayor Donald A. Schmidt '
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 18th day of July, 2005.
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
Simck tIll otlgh passages are deleted.
Underlined passages are added.
2005-0-33
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of July, 2005 under Agenda Item No. 6_.
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
PARCEL #8414-04-02-0010:
Lots 1 through 15 Inclusive, Block 2, Washington Park Subdivision, Unit 6 (also known as "Part VI"
or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73, of the Public
Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Miami A venue, Grove Street, Ridge A venue and Park
Street.
PARCEL #8414-04-05-0010:
Lots 1 through 19 Inclusive, Block 5, Washington Park Subdivision, Unit 6 (also known as "Part
VI"or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73, of the Public
Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Grove Street, Miami A venue, Maple Street and Ridge
Avenue.
PARCEL #8414-04-11-0010:
Lots 1 through 27 Inclusive, Block 11, Washington Park Subdivision, Unit 6 (also known as "Part
VI" or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73, of the Public
Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Bay Street, Miami A venue, Oak Street and Ridge
A venue.
Containing 9.91 .:!: acres more or less.
Stl tlck till ough passages are deleted.
Underlined passages are added.
2005-0-33
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AGENDA REQUEST
Date: June 30. 2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE July 18. 2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
15t Reading - Ordinance No. 2005-0-41
~
Marcia E. Barnett requesting annexation of 1.51::1:
acres of land located south of 35th Street and~
Tree Drive.
OWNER: Steven & Jeffrey Krischer
APPLICANT/AGENT: Marcia Barnett
REQUESTED ACTION: Annexation
PROPOSED USE: Single-family residential.
LOCATION: South of 35th Street and Pine Tree Drive
AREA: 1.51::1: Acres
CURRENT LAND USE: Vacant /Single Family Residence
FLUM DESIGNATION: Volusia County - Rural
ZONING DISTRICT: Volusia County A-2 (Rural Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desie:nation Zonine: District
North Vacant V olusia County - Rural Volusia County - A-2 (Rural
Agriculture)
East Vacant Low Density Residential with R-2 (Single-Family Residential)
Conservation Overlay
South Vacant V olusia County - Rural Volusia County - A-2 (Rural
Agriculture)
West Vacant V olusia County - Rural V olusia County - A-2 (Rural
Agriculture)
Background
These parcels are located within the undeveloped Washington Park Subdivision. Portions of this subdivision
were annexed into the City in November 200 I. The developer is proposing a single-family home development
comparable to the existing usage in Florida Shores on this property.
AN-0511 - Barnett
\..
The Planning and Zoning Board voted to send a favorable recommendation to City Council for the annexation
at their regular meeting of July 13,2005.
Land Use Compatibility
The proposed single family residential use is compatible with the properties to the north, which is the southern
portion of Florida Shores subdivision; the properties to the south, west and east are vacant.
o
Adequate Public Facilities: Currently this site does not have access to any established roadway. Prior to
construction, all on-site infrastructure will be required to be installed, including but not limited to street,
sidewalks, water service, and sewer service. The proposed development shall be in compliance with
concurrency standards prior to on-site construction.
Natural Environment: The vegetation consists of pine flatwoods, live oak, and wetlands.
Comprehensive Plan Consistency
This amendment is consistent with several policies within the Comprehensive Plan Future Land Use Element
including Policy 1.1.1, which states that "In order to reduce land use conflicts and for efficient public service
provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible."
Policy 1.1.2 states "New development proposed within the County in areas that are contiguous to the City shall
be annexed into the City and developed to City standards as a condition for the extension of public utilities."
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-41, annexing 1.51::1: acres ofland located south of 0
35th Street and Pine Tree Drive.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-41.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~.:.. rn(ft:t~~\
Robin Matusick
Paralegal
\l~&\(
Kenneth R. Hooper
City Manager
~~\ 't
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AN-05ll - Barnett
2
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ORDINANCE NO. 2005-0-41
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF 35TH STREET AND PINE TREE
DRIVE, VOLUSIA COUNTY, INTO THE CITY OF
EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGA TIONS, 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 STATE; 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. Marcia E. Barnett, agent and applicant for Steven and Jeffrey Krischer, owners of
U property located South of 35th Street and Pine Tree Drive, within Volusia County, Florida. Subject
u
property contains approximately 1.51 ! acres.
'::1-1 J<-~
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2. The owner/applicant has voluntarily petitioned (appliel
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and t]
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 July 13, 2005, the Board
StltlGk tluotlgh passages are deleted.
Underlined passages are added.
2005-0-41
recommended by a vote of_to _ that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People ofthe 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 ofthe 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 of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
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.
Stl nck throngh passages are deleted.
Underlined passages are added.
2005-0-41
2
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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.
PARTE.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on July 18, 2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stltlck tluotlgh passages are deleted.
Underlined passages are added.
2005-0-41
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on August 1, 2005, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 1st day of August, 2005.
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
Stmck thlongh passages are deleted.
Underlined passages are added.
2005-0-41
~
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 1 st day of
August, 2005 under Agenda Item No. 6_.
4
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(.)
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Lots 1 through 10, Block 10 Inclusive, Washington Park Subdivision, Unit 6 (also known as "Part
VI" or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73 of the Public
Records of V olusia County, Florida.
Containing 1.51 :t acres more or less.
Together with the adjoining right-of-ways for Palm A venue, Bay Street, Miami A venue and Oak
Street.
Shllck t1uollgh passages are deleted.
Underlined passages are added.
2005-0-41
5
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AGENDA REQUEST
Date: June 30. 2005
PUBLIC
HEARING
x
RESOLUTION
BOARD
APPOINTMENT
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-32
0:--
~...\.
ORDINANCE July 18, 2005
OTHER
BUSINESS
11- <: e.)
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). b)
Daniel and Christine Herman requesting an
amendment to the Official Zoning Map to include
property located west of US Highway 1 and south
of Clinton Cemetery Road as B-3 (Highway
Commercial).
APPLICANT/AGENT: Daniel and Christine Herman
OWNER(S): Daniel and Christine Herman
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3 (Highway
Commercial).
PROPOSED USE: There are no proposed improvements to the property at this time.
LOCATION: West of US Highway 1, south of Clinton Cemetery Road
AREA: 3.65 ::i: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia County - Commercial (currently being amended to City Commercial with
Conservation Overlay)
ZONING DISTRICT: Volusia County- B-2 (Neighborhood Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use
North Vacant
FL UM Desi nation
Volusia County - Commercial
East
Vacant/Manufacturing
Facili
Vacant
Volusia County - Urban
Medium Intensi
Volusia County- Urban Low
Intensi
Volusia County - Urban Low
Intensi
South
West
Vacant
RZ-0416 - Herman
, .
Background:
This property was annexed into the City on December 6, 2004. There are no proposals for development at
this time.
()
The Planning and Zoning Board voted to send a favorable recommendation to City Council for the
rezoning request on June 8, 2005. City Council voted to approve the request at first reading on June 20,
2005.
Land Use Compatibility:
The proposed commercial designation of this property is compatible with surrounding parcels with
frontage along US Highway 1.
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.
Natural Environment:
There are no known environmental issues associated with this site.
Consistency with Comprehensive Plan:
The amendment to the Official Zoning Map to include this property is consistent with the proposed Future
Land Use Map amendment of Commercial with Conservation Overlay.
o
Other Matters:
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-32, amending the Official Zoning Map to include
3 .65:i: acres of land located west of US Highway 1 and south of Jones Fish Camp Road as B-3 (Highway
Commercial).
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-32.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
6-20-05
AGENDA ITEM NO. 6G
~~~l~~
Robin atusick
Paralegal
v.....~&-\(~oc\:)~ ~1~'"
Kenneth R. Hooper \
City Manager
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RZ-0416 - Herman
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ORDINANCE NO. 2005-0-32
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-2 (NEIGHBORHOOD
COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED WEST OF U. S. HIGHWAY #1
AND SOUTH OF CLINTON CEMETERY ROAD,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW A TER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Daniel J. and Christine M. Herman are the applicants/owners of record of certain real
property located west ofU. S. Highway # 1 and south of Clinton Cemetery Road, Edgewater, Florida.
Subject property contains approximately 3.65 acres more or less.
2.
The owners/applicants have submitted an application for a change in zoning
classification from County B-2 (Neighborhood Commercial) to City B-3 (Highway Commercial) for
the property described herein.
3. On June 8, 2005, the Local Planning Agency (Planning and Zoning Board) considered
the application for change in zoning classification and by a vote of 7 - 0, the Board recommended
that City Council consider approval of the request.
4. On June 20, 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
June 9, 2005.
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Underlined passages are added.
2005-0-32
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5. On July 18, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on July 7,2005, 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 ofthe City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from
County B-2 (Neighborhood Commercial) to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
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2005-0-32
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and State of Florida.
A parcel of land being a portion of Government Lot 2, Section 24, Township 18
South, Range 34 East, lying Westerly of and adjacent to U. S. Highway No.1 and
being more particularly described asJollows: Commence at the Northwest comer of
said Section 24; thence South 00034'36" East, along the Westerly line of said Section
24, a distance of 1,400 feet; thence North 86018'56" East, a distance of 4,408.69 feet
to the Westerly right of way line 'of said U. S. Highway No.1; thence South
22055'51" East along the said Westerly right of way line, a distance of898.64 feet to
the Point of Beginning of the herein described parcel; thence continue South
22055'51" East along the said Westerly right of way line ofU. S. Highway No.1 a
distance of 534.94 feet; thence South 87053'15" West a distance of 318.25 feet;
thence North 22055'51" West, a distance of534.94 feet; thence North 87053'15" East
a distance of 318.25 feet to the Point of Beginning. Subject to a 60 foot road and
utility easement per Official Records Book 2067, Page 1766, Public Records of
Volusia County, Florida.
Containing 3.65 :!: acres more or less.
Subject to easements, restrictions, reservations and rights of way of record, if any.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PARTB.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWA TER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edge water, Florida, to reflect the change in zoning classification for the above described
property .
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
StrtlGk t1uongh passages are deleted.
Underlined passages are added.
2005-0-32
3
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.
PART G.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on June 20, 2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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2005-0-32
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After Motion by
and Second by
,the
vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 18th day of July, 2005.
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
StlllGk tluotlgh passages are deleted.
Underlined passages are added.
2005-0-32
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of July, 2005 under Agenda Item No. 6_.
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AGENDA REQUEST
Date: June 30, 2005
PUBLIC
HEARING
RESOLUTION ORDINANCE Julv 18, 2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-36
David O. Lind requesting an amendment to the
Comprehensive Plan Future Land Use Map to
include 4.1:1: acres of land located at the northeast
corner of US Highway 1 and Jones Fish Camp
Road as Commercial.
OWNER: David Lind
APPLICANT/AGENT: David Lind
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property
as Commercial.
PROPOSED USE: There are no proposed development plans for the property at this time.
LOCATION: Northeast corner of US Highway I and Jones Fish Camp Road
AREA: 4.1:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Medium Intensity
ZONING DISTRICT: Volusia County- B-4W (General Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use
North Vacant
FLUM Desi nation
Volusia County - Industrial
Zonin District
Volusia County- 1-3W (Waterfront
Industrial)
Volusia County - R-4W (Urban
Sin Ie Famil Residential
Volusia County- B-5W (Heavy
Commercial
Volusia County - B-2
ei hborhood Commercial
East Vacant and Single-
Famil Residential
South Commercial
Volusia County - Urban
Medium Intensi
Volusia County - Urban
Medium Intensi
V olusia County - Commercial
West Vacant
CPA-0507 - Lind
Background
This parcel is located on the northeast corner of US Highway 1 and Jones Fish Camp Road. The Planning
and Zoning Board voted 6-0 on May 11, 2005 to send a favorable recommendation to City Council for
annexation of the property. On June 6, 2005 City Council voted 5-0 for approval at first reading of the U
annexation request.
Land Use Compatibility
The Commercial Future Land Use designation is compatible with the existing and proposed development with
US Highway 1 frontage.
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 via a 12-inch water main 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 six-inch (6") force main.
The affected segment of US Highway 1 currently operates at a LOS "B".
Natural Environment
Any proposed development shall require approval of an environmental assessment.
Comprehensive Plan Consistency
Volusia County - Urban Medium Intensity (UMI)
Areas that contain residential development at a range of 4.1 to 8 dwelling units per acre. The types of housing
typically found in areas designated urban medium intensity include single family homes, townhouses and low- 0
rise apartments.
This category may allow neighborhood business areas (See Shopping Center definition in Chapter 20) and
office development that meet the Comprehensive Plan's location criteria. The commercial intensity should be
limited in a manner to be compatible with the allowable residential density. In order to be considered
compatible, the commercial development should reflect similar traffic patterns, traffic generation, building
scale, landscaping and open space, and buffers. High intensive commercial use, other than neighborhood
business areas shall be reserved to areas designated for Commercial.
All requests for non-residential uses within Y4 mile of another jurisdiction shall require notification to that
jurisdiction.
City of Edgewater - Commercial
The commercial land use category consists of a variety of retail and office uses; such as, medical facilities,
shopping centers, restaurants, automobile service facilities and similar uses. Typical neighborhood and
highway service areas are allowed to build up to a maximum floor area ratio (FAR) of 0.30. Tourist
commercial areas can build up to a maximum 0.50 FAR.
The majority of commercial development within the City of Edge water is located along US 1 in a strip pattern.
The area contains restaurants, convenience goods stores and neighborhood centers. Another corridor of
commercial development which has emerged is adjacent to the FEC Railroad within the Florida Shores
Subdivision.
In 2000, there were 210 acres of commercially developed lands in the City. These developed lands represent
only three percent of the total acreage in Edgewater and 3.7% percent of all developed lands.
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CPA-0507 - Lind
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Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-36; amending the Comprehensive Plan Future Land Use
Map to include approximately 4.1::1:: acres ofland located at the northeast corner of US Highway I and Jones
Fish Camp Road as Commercial.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-36.
PREVIOUS AGENDA ITEM:
CPA-0507 - Lind
YES X
NO
AGENDA ITEM NO. 6E
G::b ~(QY':i ~l~f)
Robin Matusick
Paralegal
~~&\\C.~ ~ ~
Kenneth R. Hooper "'\ U
City Manager \
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ORDINANCE NO. 2005-0-36
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AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY
URBAN MEDIUM INTENSITY TO CITY COMMERCIAL
FOR PROPERTY LOCATED AT THE NORTHEAST
CORNER OF U.S. HIGHWAY NO.1 AND JONES FISH CAMP
ROAD, EDGEW A TER, FLORIDA; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE
VOLUSIA GROWTH MANAGEMENT COMMISSION, THE
REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT
OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the, City of Edgewater, Florida, has made the following
determinations:
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1. David O. Lind, owner and applicant for the David O. Lind Revocable Living Trust
for property located at the Northeast comer of u.s. Highway No.1 and Jones Fish Camp Road,
within V olusia County, Florida. Subject property contains approximately 4.1 i: acres.
2. In an effort to be consisten~ with the City of Edgewater Comprehensive Plan, the
applicants are requesting a Comprehensive Plan Amendment for the subject property. The requested
Amendment would change the Future Land Use Map designation from County Urban Medium
Intensity to City Commercial for the property described herein.
3. On June 8, 2005, the Planning and Zoning Board, sitting as the City's Local Planning
Agency considered the change in the Future Land Use Map designation and by a vote of 7 to 0,
2005-0-36
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recommended that the City Council approve the request.
4. In a letter dated June 2,2005 (for the June 20, 2005 meeting) and June 17,2005 (for
the July 18, 2005 meeting), the Legal Department notified the owners by mail of the property and
all property owners who own real property directly affected by the proposed action within 300 feet
of the subject property regarding the pending Amendment.
5. On June 20,2005, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
6. Pursuant to Section 163.3 1 87(l)(c), Florida Statutes, on July 18,2005, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Daytona Beach News Journal on Thursday, July 7, 2005.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edge water, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Commercial for property described in the legal description contained
in Exhibit "A" and further located on the map as reflected in Exhibit "B" (which are attached hereto
and incorporated herein).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
2005-0-36
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Underlined passages are added.
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Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element which addresses
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appropriate buffering between commercial and low density residential.
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner is hereby authorized and directed to amend the Future Land Use Map of
the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the
Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)( c )2, Florida Statutes (2003), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PART E.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
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are hereby superseded by this ordinance to the extent of such conflict.
PARTF.
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
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2005-0-36
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PART H. ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on June 20, 2005 is as follows:
AYE NAY
Mayor Donald A. Schmidt' ABSENT
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2005-0-36
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Underlined passages are added.
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PASSED AND DULY ADOPTED this 18th day of July, 2005.
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
2005-0-36
StI tick tin ongh passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of July, 2005 under Agenda Item No. 6_.
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EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Parcel # 1 :
The East 100 feet of Lot 3, Plat of Riverfront Estates Unit No.2, according to the map or plat
thereof, as recorded in Map Book 19, page 31, of the Public Records of Vol usia County, Florida.
And
Parcel #2:
Lots 1, 2, and 3, except the Easterly 100 feet of Lot 3, Plat of Riverfront Estates Unit No.2,
according to the map or plat thereof, as recorded in Map Book 19, Page 31, of the Public Records
of Vol usia County, Florida.
U Containing 4.1 ::t acres more or less.
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2005-0-36
Stll1ck through passages are deleted.
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AGENDA REQUEST
Date: June 30. 2005
PUBLIC
HEARING
x
RESOLUTION ORDINANCE July 18. 2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-40
Rodney Jones, requesting an amendment of the
Comprehensive Plan Future Land Use Map to include
.68::1: acres of/and located at 1155 Old Mission Road as
Medium Density Residential.
OWNER: Audrey F. Putnam
APPLICANT/AGENT: Rodney Jones
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as
Medium Density Residential.
PROPOSED USE: There are no proposed changes to the use at this time.
LOCATION: 1155 Old Mission Road
AREA: .68::1: Acres
CURRENT LAND USE: Single Family Residential
FLUM DESIGNATION: Volusia County - Urban Medium Intensity
ZONING DISTRICT: V olusia County - MH-I (Mobile Home Park)
VOTING DISTRICT: I
SURROUNDING AREA:
Current Land Use FLUM Desi!mation Zoninl!; District
North Vacant V olusia County - Urban Medium V olusia County - MH-I (Mobile
Intensity Home Park)
East Vacant Volusia County - Urban Medium V olusia County - MH-I (Mobile
Intensitv Home Park)
South Vacant V olusia County - Urban Medium Volusia County - MH-I (Mobile
Intensitv Home Park)
West Vacant V olusia County - Urban Medium Volusia County - MH-I (Mobile
Intensitv Home Park)
Background
This parcel is located at 1 155 Old Mission Road, and is a separate parcel within the 100::1: acre annexation previously
approved by City Council at first reading on June 6, 2005. The property contains a single-family mobile home on-site
with associated residential accessory structures. There are no proposed changes to the site at this time.
Land Use Compatibility
The current residential unit is compatible with the existing surrounding area, as well as the proposed Manufactured Home
development.
CPA-OSlO - Jone-Putnam
Adequate Public Facilities:
This property has access to Old Mission Road, via a recorded access easement. The property lies within the water
and sewer service area of the City of Edgewater per an agreement with both the City of New Smyrna Beach and the
Utilities Commission of New Smyrna Beach. Plans for utility lines in this area have been accommodated partially by
the Western Reserve Area Utilities Project. Adequate plant capacity exists to serve this area based on the density
limitations for the existing Future Land Use designation.
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Natural Environment:
Any environmental issues shall be addressed by an environmental assessment at this site.
Comprehensive Plan Consistency:
Volusia County- Urban Medium Intensity
Range of 4.1 to 8 dwelling units per acre. The types of housing typically found in areas designated urban medium
intensity include single family homes, townhouses and low-rise apartments.
This category may allow neighborhood business areas (See Shopping Center definition in Chapter 20) and office
development that meet the Comprehensive Plan's location criteria. The commercial intensity should be limited in a
manner to be compatible with the allowable residential density. In order to be considered compatible, the commercial
development should reflect similar traffic patterns, traffic generation, building scale, landscaping and open space, and
buffers. High intensive commercial use, other than neighborhood business areas shall be reserved to areas designated for
Commercial.
All requests for non-residential uses within 1f4 mile of another jurisdiction shall require notification to that jurisdiction.
City of Edgewater - Medium Density Residential
(5.1 to 8 units per gross acre) This urban scale Medium Density Residential category includes duplex, villa, cluster,
townhouse, mobile home, manufactured and multi-family housing at densities between five (5) and eight (8) units per
acre.
Other Matters
The Official Zoning Map amendment shall occur at a later date.
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ST AFF RECOMMEND A TION
Staff recommends approving Ordinance No. 2005-0-40, amending the Comprehensive Plan Future Land Use Map to
include .68:1:: acres ofland located at 1155 Old Mission Road as Medium Density Residential.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-40.
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
June 6. 2005
AGENDA ITEM NO.
6F
Respectfully Submitted By:
Q-,cb,:.. ('ryi"tj 1~;Y)
Robin Matusick
Paralegal
\J..<0wv,-~Q ~~'\t
Kenneth R. Hooper \ .
City Manager
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CPA-OSlO - Jone-Putnam
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ORDINANCE NO. 2005-0-40
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY
URBAN MEDIUM INTENSITY TO CITY MEDIUM DENSITY
RESIDENTIAL FOR PROPERTY LOCATED AT 1155 OLD
MISSION ROAD, EDGEW A TER, FLORIDA; PROVIDING
FOR FINDINGS OF CONSISTENCY; AMENDING THE
FUTURE LAND USE MAP; PROVIDING FOR FILING WITH
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,
THE VOLUSIA GROWTH MANAGEMENT COMMISSION,
THE REGIONAL PLANNING COUNCIL, AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COpy OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the, City of Edgewater, Florida, has made the following
determinations:
1.
Rodney Jones, agent and applicant for Audrey F. Putnam and Calvin R. Putnam,
owners of property located at 1155 Old Mission Road, within Volusia County, Florida. Subject
property contains approximately .68 ::t acres.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
applicants are requesting a Comprehensive Plan Amendment for the subject property. The requested
Amendment would change the Future Land Use Map designation from County Urban Medium
Intensity to City Medium Density Residential for the property described herein.
3. On June 8, 2005, the Planning and Zoning Board, sitting as the City's Local Planning
Agency considered the change in the Future Land Use Map designation and by a vote of 7 to 0,
recommended that the City Council approve the request.
2005-0-40
StI tick tht ough passages are deleted.
Underlined passages are added.
1
4. In a letter dated June 2, 2005 (for the June 20,2005 meeting) and June 30, 2005 (for
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the July 18, 2005 meeting), the Legal Department notified the owners by mail of the property and
all property owners who own real property directly affected by the proposed action within 300 feet
of the subject property regarding the pending Amendment.
5. On June 20,2005, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on July 18,2005, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Daytona Beach News Journal on Thursday, July 7, 2005.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
o
amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edge water, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Medium Density Residential for property described in the legal
description contained in Exhibit "A" and further located on the map as reflected in Exhibit "B"
(which are attached hereto and incorporated herein).
PARTB.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
2005-0-40
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Comprehensive Plan, specifically Policy 1.8.3 - new development proposed within the County in
areas that are contiguous to the City shall be annexed into the City and developed to City standards
as a condition for the extension of public u~ilities.
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner is hereby authorized and directed to amend the Future Land Use Map of
the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the
Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)( c )2)lorida Statutes (2003), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PART E.
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.
PARTF.
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
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2005-0-40
8tl tick tilt ough passages are deleted.
Underlined passages are added.
3
PART H. ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
first reading of this ordinance held on June 20, 2005 is as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenii
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2005-0-40
Stll1.:.k tin Otlgl. passages are deleted.
Underlined passages are added.
4
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PASSED AND DULY ADOPTED this 18th day of July, 2005.
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
2005-0-40
Stl tick tilt Otlgh passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of July, 2005 under Agenda Item No. 6_.
5
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A part of Block "D" of the James Lupe Subdivision, per Map Book 2, page 33, Public Records of
V olusia County, Florida described as follows:
Commence at the SE comer of Block D of James Lupe Subdivision; thence Southerly on a line being
the extension of the East line of Block D, a distance of220.1 feet; thence South 67022' West 1223.6
feet; thence North 76032' West 352.26 feet; thence North 22046'20" East 735.77 feet; thence South
67013'40" East 277.66 feet; thence South 22046'20" West 55 feet; thence South 17020'40" East 10
feet for the Point of Beginning; thence South 17020'40" East 225 feet; thence South 72039'20" West
133.33 feet; thence North 17020'40" West 225 feet; thence North 72039'20" East 133.33 feet to the
Point of Beginning.
Containing .68 ! acres more or less.
2005-0-40
StltlGk thtOtlgh passages are deleted.
Underlined passages are added.
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AGENDA REQUEST
Date: July 6. 2005
PUBLIC
HEARING
RESOLUTION
OTHER
BUSINESS
X ORDINANCE
CONSENT
CORRESPONDENCE
ITEM DESCRIPTION/SUBJECT:
Resolution 2005-R- 09
1- Proclaiming a Primary Electi.on- October 11,2005 and General Electi.on-N.ovember 8,
2005
2- Declaring September 12,2005 as the closing .of the v.oters registrati.on b.o.oks f.or the
Primary electi.on and Oct.ober 10,2005 as the cl.osing of the v.oters registration b.o.oks for the
General Electi.on
3- Declaring August 29, 2005, 9:00 a.m. the beginning.of qualifying f.or the May.or (f.our) 4 year
term, District 1 (f.our) 4 year term, District 3 (f.our) 4 year term with qualifying ending.on
September 12, 2005 at 12:00 n.o.on
BACKGROUND:
This res.oluti.on is needed t.o call for the upc.oming City Primary and General electi.ons, cl.osing
b.o.oks for voter registrati.ons and the qualifying schedule f.or the up c.oming electi.ons.
STAFF RECOMMENDATION:
Staffrec.ommends approval .of Resoluti.on 2005-R-09
ACTION REOUIRED
Moti.on to approve .ofRes.oluti.on N.o. 2005-R-09
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(Specify if budget amendment is required)
PREVIOUS AGENDA ITEM
YES
NO x
Date: July 6.2005
AGENDA ITEM NO.
Respectfully submitted,
L~
~an ~adsw.orth, CMC
City Clerk
(3.,do':"~~ ~~Q \\a~",-- \,~ .
R.obin MatUsick enneth R. H.o.oper \ y
Paralegal City Manager ~
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RESOLUTION NO. 2005-R-09
()
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, DECLARING A PRIMARY
ELECTION TO BE HELD ON OCTOBER 11,2005 FROM 7:00
A.M. UNTIL 7:00 P.M. AND THE GENERAL ELECTION TO
BE HELD ON NOVEMBER 8, 2005 FROM 7:00 A.M. UNTIL
7:00 P.M.; DECLARING SEPTEMBER 12, 2005 AS CLOSING
OF THE VOTERS REGISTRATION BOOKS FOR THE
PRIMARY ELECTION AND OCTOBER 10, 2005 AS
CLOSING OF THE VOTERS REGISTRATION BOOKS FOR
THE GENERAL ELECTION; DECLARING AUGUST 29,2005
AT 9:00 A.M. AS THE BEGINNING OF QUALIFYING FOR
CITY COUNCIL DISTRICT 1 (4 YEAR TERM), DISTRICT 3
(4 YEAR TERM) AND MAYOR (4 YEAR TERM) WITH
QUALIFYING TO END AT NOON ON SEPTEMBER 8, 2005;
REPEALING RESOLUTIONS IN CONFLICT HEREWITH
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater desires to maintain the highest standards of adherence
to pertinent State election laws and to maintain the highest integrity regarding the administration of
local municipal elections; and
o
WHEREAS, in 1995 the Legislature applied the election code to municipalities; and
WHEREAS, the City wishes to comply with all requirements stipulated for primary and
general elections.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1.
The City of Edgewater declares a primary election to be held on October 11,
2005 from 7:00 a.m. until 7:00 p.m. with the general election to be held on November 8, 2005 from
7:00 a.m. until 7:00 p.m.
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2005-R-09
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Section 2.
The City of Edgewater declares September 12, 2005 as the closing of voters
registration books for the primary election and October 10,2005 as the closing of voters registration
books for the general election.
Section 3.
The City of Edge water declares August 29,2005 at 9:00 a.m. as the beginning
of qualifying for City Council District 1 (4 year term), District 3 (4 year term) and Mayor (4 year
term). Qualifying shall end at noon on September 8, 2005.
Section 4. A copy of this Resolution shall be forwarded to the V olusia County
Supervisor of Elections by the City Clerk.
Section 5.
hereby repealed.
Section 6.
All resolutions or parts of resolutions in conflict herewith be and same are
If any portion of this resolution is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this
resolution. If this resolution 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.
Section 7.
This resolution shall take effect upon adoption.
2005-R-09
2
After Motion by
the vote on this resolution was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
and Second by
AYE
NAY
PASSED AND DULY ADOPTED this 18th day of July, 2005.
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
200S-R-09
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council during the
Council meeting held on the 18th day of July,
2005 under Agenda Item 6
3
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AGENDA REQUEST
Date:July 8.2005
PUBLIC
HEARING
RESOLUTION
OTHER
ORDINANCE
BOARD
APPOINTMENT July-I 8. 2005 CONSENT
BUSINESS
ITEM DESCRIPTION/SUBJECT:
Request for appointment to the V olusia County MFO Bicycle and Pedestrian Advisory
Committee
BACKGROUND: The City of Edgewater's representative Russell Mullen has indicated that he
does not want to be re-appointed to the V olusia County MFO Bicycle and Pedestrian Advisory
Committee. George Kennedy (application attached) has shown interest in serving on this
committee.
STAFF RECOMMENDA nON:
N/A
ACTION REOUlRED
This appointment is to be made by Mayor Schmidt.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(Specify if budget amendment is required)
PREVIOUS AGENDA ITEM
YES
NO x
Date: July 8. 2005
AGENDA ITEM NO.
Respectfully submitted,
~ ....
susanJ~:~c
City Clerk
Concurrence:
N(i\
Kenneth R. Hooper
City Manager
........ .
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06-03-05P04:09 RCVD
APPLICATION FOR APPO:INDmHT TO CITY
BOAlmS AND C~TTEES
G$o~"1$ k~J\..IN!ECV
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At) RESS I 2tf /ll~ No. L ~ll\. Av.$ Cc.l~~I.v",-Lr
ucJm PHONE 3-e-6' ~ 7 1- 'f g "] ;$ SUSmESS PRom:: 3 ~b - ~"Z ;s --6 ,/...7 q
ocbPAT:ION Ad.("J....It..,... +/~ ''''1 S:..o.~S' .
you a registered voter? \r~~ Voting District
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resident of Edgewater }~
How long
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N.L v.j S r1A,... rz.....,.4 .
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St te your e~perienoe/qualification8
boards or comrni ttees? S f aOt 1 ist each:
.J: ~ L-Af':a. _, L co . .:".A.s ,~ .. LAIc-t. """.4;'t.~
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- -,
~ AND COMMITTEE MEMBERS MAY BE REQt1J:RED TO FILE WI:'rH Tim STATE,
IC:rAL D:tSCLOSURE FOmfS EACH YEAk)
PLEASf: :Im)J:CATE 'rIlE BOARDS OR COMMJ:'1''nlSS 1'0T.7
wour.o LIKE 'to ~ ON ~ ~ THDI ACCOJmING '1'0 emOTeI'; B1' NOMBE:!l
J( ~ ~~c..y t:.J...a.'\-~~ "^ 1J ^ I. _GENERAL ~l?LOYEES p~srcl~ BO~D
- I;' . ,,, r-<:JV. ~11111-\.
-LANlMAL CONTROL BOARD _LIBRARX IlO~D
-LCtT!ZEN CODE ENroRC~ENT BOARD ~RECREAl'ION & CULTURAL SEI~VICES
~CONSTRUCTION REGULAT~ON aO~D _____PLANNING & ZONING BOARD
~ECONOMIC DEVELOPM~~T IlOARD _____POLICE PENSION BO~O
you employed by the City?NO Do you hold public office?~;r 0
the present time, do you serve on any other Boards or cOnmU,ttees?
S. If so, list eaoh: ~,a.~ a.{;''''l::;,,~-Ic,r-~, N~~ GAPS
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~IREFIGHTERS ~ENSION aOARD
_ V1!:':rERANS PAfU< 1JJ)V. COMMI :r'1'EI:1
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UVJi:RSE SIOE FOR LIBT:I:~ OF BoARDs COMMIT'I'l!:&S (R~hed 2-7-~3) ,
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AGENDA REQUEST
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Date: 6/16/05
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
xx
CONSENT
ITEM DESCRIPTION:
Engineering Services Proposal from Quentin L. Hampton
Associates, Inc. for the Design of Two (2) New Potable Water
Production Wells at the Alan R. Thomas Wellfie1d
BACKGROUND:
The City of Edgewater is currently in the process of renewing its
Consumptive Use Permit (CUP) for potable water withdrawal from its
wellfield with the St. Johns River Water Management District. To
provide for the anticipated growth in the City and to ensure the integrity of
the water supply from the Floridan Acquifer by decentralizing the
withdrawal area, the City needs to proceed with the design for two new
potable water production wells.
STAFF RECOMMENDATION:
Staff receommends an engineering work order be authorized for
Quentin L. Hampton Associates, Inc., one of the City's consulting
engineering firms, to perform the following tasks:
Q
1. Prepare engineering plans, specifications and D .E.P .1St.
Johns River Water Management District Permit
Applications for two new potable water supply wells.
2. Provide bidding assistance to the City and conduct the
mandatory pre-bid meeting with perspective contractors.
3. Perform Contract Administration, Shop Drawing Review,.
Coordination Meetings, and prepare Field Drawings.
4. Provide comprehensive inspection services.
Estimated fee for this complete scope of work is $78,980.00, but
is dependent upon the request for additional information (RAI' s)
from the SJRWMD.
ACTION REQUESTED:
A motion to authorize Quentin L. Hampton Associates, Inc. to provide
complete engineering services for the design of two new potable water
production wells at the Alan R. Thomas Wellfield at an estimated cost of
$78,980.00, and to authorize the Mayor or City Manager to execute the
engineering work order on behalf of the City.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
o (SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
Respectfully submitted,
~~LJ~
Department<Director
C:\MyDociments\TerrysFiles\AgendaRequest
AGENDA ITEM NO.
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P.O. #2005-
Purchase Requisition # 1532
WORK ORDER NO. 2002-26
AGREEMENT FOR ENGINEERING SERVICES
QUENTIN L. HAMPTON ASSOCIATES, INC.
PROJECT:
Engineering Services for the City of Edgewater
Consumptive Use Permit (CUP) Renewal &
Design & Permitting of Two (2) New Water Supply Wells
l
CITY: Edgewater, Florida
DESIGN
PROFESSIONAL: Quentin L. Hampton Associates, Inc.
Execution of Work Order Number 2002-26, by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
U RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform
professional services relating to engineering services for two (2) new water supply wells along with
access roads as required by the St. Jones Water Management District and as further detailed in the
Scope of Services (attached and incorporated herein as Exhibit "A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall be completed within two (2)
years from the date of this Work Order.
COMPENSATION:
The fee for these services will not exceed an amount of seventy eight thousand nine hundred
eighty and 00/100 dollars ($78,980.00). Each invoice shall also be accompanied by a written
U concurrence from the Director of Environmental Services.
(Agreement/QuentinHampton- W orkOrder#2002- 26) 1
Dated:
WITNESSES:
(Agreement/QuentinHampton- WorkOrder#2002-26) 2
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CITY OF EDGEW A TER, FLORIDA 0
By:
Kenneth R. Hooper
City Manager
QUENTIN L. HAMPTON
ASSOCIATES, INC.
By:
Richard W. Fernandez, P.E.
President
Dated:
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~ICHARD W. FERNANDEZ. P.E.
.'~"'lARK A. HAMPTON. P.E.
BRAD T. BLAIS. P.E.
DAVID A. KING. P.E.
ANDREW M. GIANNINI. P.E.
U
Quentin L. Hampton Associates, Inc.
Consulting Engineers .
P.O. DRAWER 290247
PORT ORANGE. flORIDA 32129-0247
TELEPHONE
386fl61-6810
FAX # 386fl61-3977
Email: qlha@qlha.com
May 27, 2005
Mr. Terry Wadsworth
Director of Environmental Services
City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
RE:CITY OF EDGEWATER
ENGINEERING SERVICES PROPOSAL . .
DESIGN OF TWO .(2) NEW WELLS AT.THE A~N THOMAS WELLFIELD..
Dear Terry,
u
In accordance with your request, we. are pleased to offer the enclosed Engineering
Services Proposal for design of two (2) new wells at the Alan Thomas Wellfield.
Proposed elements of the Wellfield Expansion include two (2) new wells and associated
. site improvements. Specifications for a four inch (4'') test well and testing program will
also be included in~ the bid documents. Allowances for electrical sub-consulting and
survey are included and will be billed at actual cost. This proposal includes services
during construction involving contract administration and inspection.
The attached engineering fee estimate provides a breakdown of man-hours and fees for
engineering services. . Allowances are established for hydrogeologic, electrical, and
surveying sub-consulting services. and/or biological sub-consulting may be required until
additional information requests (R.A.I.'s) are received;.
Thank you for this opportunity to continue to be of service. If you have questions or
would like to discuss this proposal in greater detail, do not hesitate tocal!.
Very truly yours,
QUENTI P -'
SOCIAT'ES, INC.
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Enclosures
EW 47 eng proposal km
City Of Edgewater
Design of Two (2) New Wells at the Alan Thomas Wellfield
Estimated Engineering Fees &. Subconsulting Services Allowances
ITEM#
TASK DESCRIPTION
Task '1' - Well and Wellfield
Design
1
Prepare Engineering Plans, Specifications &
. D.E.P. Permit Applications for 2 New Wells
a. Project; Manager
... .'.' '" . ....M . .. ...
; b. Cadd Operator
c. Administrative Assistant
2
....-.. ",
Electrical Subconsulting Allowance
. ...... .._.... ........., .....M .... ...'... ._
3 : Surveying Allowance
4
. Printing Allowance
.. Subtotal Task 11'
. __'ON.. ....... ........
. Task '2' - Contract Administration
, & Inspection
5
"N ....... .N._.....
. Contract Administration, Shop Drawing
~ Review, Coordination Meetings, Field
. Drawings, etc...
. a. Project Manager
. b. Cadd Operator
. - ... - .-
. c. Administrative Assistant
6
Inspection (6 months @ 4 hrsjday)
.... '" .... ,
a. Project Inspector
Subtotal Task 12'
TOTAL TASKS 1 & 2
EW 47 eng proposal km
RATE TIME
TOTAL
PRICE
$110 160
$60 120
$40 40
$17,600
$7,200
$1,600
..... '_0"_.' ....N..
1 LS $3,500
$3,500
1 LS · $7,500 $7,500
. .. ... . -. . .~- ..., ,. .... ".". ",', ,. . " ...... .. -, . '"'"' ". .... - '.--- .... . .
1 LS ; $2,000 $2,000
$39,400
.... .N....
$110
$60
$40
.. .
120 $13,200
8 $480
40 $1,600
$45
540 $24,300
$39,580
$78,980
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AGENDA REQUEST
q.C.
Date: July 11. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
OTHER
BUSINESS x
CONSENT
ITEM DESCRIPTION:
FRDAP Grant for Hawks Park Phase III in the amount of$141,617.00.
BACKGROUND:
Development of Hawks Park is contingent upon the availability of grant funds. To date we have
received funding for the development of 4 lighted ballfields, restroom/concession facilities, trail
and outdoor amphitheater in the amount of$648,798.00. Future development includes roof over
amphitheater, funded with ECHO Grant for $83,175.00 and this FRDAP Grant for $141,617.00
is for construction of restroom facility, arboretum and small rock climbing playground at the
outdoor amphitheater area. The City's matching funds are in kind services and other matching
grant funds.
STAFF RECOMMENDATION:
Staff recommends that City Council enter into this Project Agreement with the State of Florida
Department of Environmental Protection for grant funding at Hawks Park for the sum of
$141,617.00.
ACTION REQUESTED:
Motion to enter into this Project Agreement with State of Florida Department of Environmental
Protection for development of Hawks Park for the sum of $141,617.00 and authorize the
Mayor/City Manager to execute the Agreement. i ~.
FINANCIAL IMPACT: (FINANCE DIRECTOR) .> I ~
d
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NO
PREVIOUS AGENDA ITEM:
YES
NO x
DATE:
AGENDA ITEM NO.
~~. ~ -
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Robin MatulJ'ck l
Paralegal
J ck Corder
/ Department Director
y.~ ~ \\.,cr;;>~4r"
Kenneth R. Hooper \
City Manager
. .
DEP Agreement No. F6042
CSFA Number: 37.017
CSFA Title: FRDAP U
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2005-06) - Development
This Agreement is made and entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the
DEPARTMENT, and the CITY OF EDGEWATER, hereinafter called the GRANTEE, a
local government, in furtherance of an approved public outdoor recreation project. In
consideration of the mutual covenants contained herein and pursuant to section
375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative Code, the
parties hereto agree as follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section 0
375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative
Code, hereinafter called the RULE. The GRANTEE shall comply with all
provisions of the RULE, effective August 15, 2004, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall have application to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as Hawks Park, III (Florida Recreation
Development Assistance Program, FRDAP Project Number F06042), hereinafter
called the PROJECT, and enters into this PROJECT AGREEMENT with the
GRANTEE for the development of that real property, the legal description of
which shall be submitted to the DEPARTMENT as described in the Florida
Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3. All forms hereinafter referenced may be found at
www.dep..state.fl.us/parks/bdrs. Further, the GRANTEE will also
receive all applicable forms for administration of project with GRANTEE's copy of
fully executed PROJECT AGREEMENT.
o
DEP Agreement No. F6042, Page 1 of 10
DEP 55-231 (01/05)
4.
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The GRANTEE shall construct, or cause to be constructed, certain public
outdoor recreation facilities and improvements consisting of the following
PROJECT ELEMENTS which may be modified by the DEPARTMENT if
GRANTEE shows good cause: Outdoor amphitheater, recreational pedestrian
trail, picnic facility, playground, arboretum, restroom and other related support
facilities.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $141,617.00 which will pay the DEPARTMENT's share of
the cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $141,617.00 50%
GRANTEE Match: $141,617.00 50%
Type of Match: Cash/ln-Kind Services and/or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT's Grant Manager
. shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP Form FPS-A036, referenced in s. 62D-
5.058(6)(g), the DEPARTMENT will approve the request for payment.
7.
In addition to the invoicing requirements contained in the paragraph above, the
Department will periodically request proof of a transaction (such as invoice,
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines),
as appropriate. When requested, this information must be provided within 30
calendar days of the date of such request. The GRANTEE may also be required
to submit a cost allocation plan to the Department in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof. State guidelines for allowable costs can
be found in the Department of Financial Services' Reference Guide for State
Expenditures at http://www.dbf.state.fl.us/aadir/reference guide.
8.
The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE and incorporated into this PROJECT AGREEMENT by reference
as if fully set forth herein. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance with the
GRANTEE's procurement procedures. Expenses representing the PROJECT
costs, including the required matching contribution, shall be reported to the
DEPARTMENT and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
DEP Agreement No. F6042, Page 2 of 10
DEP 55-231 (01/05)
PROCEDURE guidelines for accounting for FRDAP funds disbursed for the
PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of 0
the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE's eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the parties that the amount of this PROJECT AGREEMENT
may be reduced should the Governor's Office declare a revenue shortfall and
assess a mandatory reserve. Should a shortfall be declared, the amount of this
PROJECT AGREEMENT may be reduced by the amount deemed appropriate
by the DEPARTMENT.
11. A.
The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
The parties hereto understand that this Agreement is not a commitment of
future appropriations.
B.
The GRANTEE understands that the funds supporting this Agreement are
subject to certification forward approval by the Governor's Office on June
30th each year. The GRANTEE understands and agrees that if the
Governor's Office does not approve the DEPARTMENT's request to
certify the funds forward, the GRANTEE will not be eligible for
reimbursement after the reversion of said funds.
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12. All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre-audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 620-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 620-5.055(9) of
the RULE. The DEPARTMENT and the GRANTEE fully understand and agree
that there shall be no reimbursement of PROJECT funds by the DEPARTMENT
for any expenditure made prior to the execution of this PROJECT AGREEMENT
with the exception of those expenditures which meet the requirements of the
foregoing sections of the RULE. '
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
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DEP Agreement No. F6042, Page 3 of 10
DEP 55-231 (01/05)
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15.
16.
17.
complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to commencement of project construction and shall certify that it
has done so to the DEPARTMENT by completing the Project Permitting
Certification, FPS-A035, referenced in s. 62D-5.058(7)(c)1 of the RULE.
This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT ELEMENTS on or
before p\\X\ \ ?{)) LCJ51., (hereinafter referred to as the PROJECT
completion date), at which time all payment requests and completion
documentation will be due to the DEPARTMENT. The GRANTEE understands
that if the Governor's Office does not approve the DEPARTMENT's request to
certify the funds forward on June 30th of each year, the GRANTEE will not be
eligible for reimbursement after the reversion of said funds or the denial of the
certification forward, whichever is earlier.
Project completion means the project is open and available for use by the public.
Project must be designated complete prior to release of final reimbursement.
See Rule 620-5.054(41).
18. The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fiscal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started prior to the expiration of the five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
retention period.
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19. In addition to the provisions contained in the paragraph above, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1. A revised
copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each
amendment which authorizes a funding increase or decrease. The revised
Exhibit-1 shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of
Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP
Grants Administrator at (850) 245-2501 to request a copy of the updated
information.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE's non- compliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as
(..)
DEP Agreement No. F6042, Page 4 of 10
DEP 55-231 (01/05)
being due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the
final reimbursement due the DEPARTMENT. 0
21. The GRANTEE, as an independent contractor and not an agent, representative,
or employee of the DEPARTMENT, agrees to carry adequate liability and other
appropriate forms of insurance. The DEPARTMENT shall have no liability
except as specifically provided in this PROJECT AGREEMENT.
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the GRANTEE shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT, for the protection of its employees not otherwise protected.
23. The purchase of non-expendable equipment is not authorized under the terms of
this Agreement.
24. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, identified in paragraph 25, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every January 5th, May 5th, and September 5th of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished
shall be submitted when the DEPARTMENT requests them.
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25. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by United States Postal Service to the parties at the
following addresses:
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DEP Agreement No. F6042, Page 5 of 10
DEP 55-231 (01/05)
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GRANTEE's Grant Manager
DEPARTMENT's Grant Manager
Rita Ventry
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
Mr. Jack Corder
Leisure Services Director
Post Office Box 100
Edgewater, FL 32132
26. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida
Recreation Development Assistance Program.
27. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time. .
28. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
in conjunction with this PROJECT AGREEMENT unless the records are exempt
under Section 24(a) of Article I of the State Constitution and Section 119.07(1),
Florida Statutes.
29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to
demand a refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for non-compliance with the material terms of this PROJECT
AGREEMENT. The GRANTEE, upon such written notification .from the
DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the
amount of money demanded by the DEPARTMENT. Interest on any refund shall
begin the date that the GRANTEE was informed that a refund was required until
refund and interest are paid to the DEPARTMENT.
30. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
31. The GRANTEE may subcontract work under this Agreement without the prior
written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees
to be responsible for the fulfillment of all work elements included in any
subcontract It is understood and agreed by the GRANTEE that the
DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
DEP Agreement No. F6042, Page 6 of1 0
DEP 55-231 (01/05)
liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
32. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 62D-5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE,
such. as by lease, shall be dedicated as an outdoor recreation area for the use
and benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
33. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and shall result in the imposition of
the terms in Paragraph 29.
34. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the Rule shall
control over this PROJECT AGREEMENT and this PROJECT AGREEMENT
shall control over the Project Application documents.
35. If the DEPARTMENT determines that site control is not sufficient under the
RULE, the DEPARTMENT shall give the GRANTEE a notice in writing and a
reasonable time to comply. If the deficiency is not corrected within the time
specified in the notice, the DEPARTMENT shall cancel this PROJECT
AGREEMENT.
36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP funds for the purpose of lobbying the legislature, the judicial
branch, or a state agency.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
B. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a
37. A.
DEP Agreement No. F6042, Page 7 of 10
DEP 55-231 (01/05)
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public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not award or
perform work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with any
public entity. The Florida Department of Management Services is
responsible for maintaining the discriminatory vendor list and intends to
post the list on its website. Questions regarding the discriminatory vendor
list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity at (850) 487-0915.
38.
Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
39.
The employment of unauthorized aliens by any GRANTEE is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
GRANTEE knowingly employs unauthorized aliens, such violation shall be cause
for unilateral cancellation of this Agreement. The GRANTEE shall be
responsible for including this provision in all subcontracts issued as a result of
this Agreement.
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40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee,
contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or
the remaining provisions of this PROJECT AGREEMENT. Any action hereon or
in connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right, power or remedy accruing to 'either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
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DEP Agreement No. F6042, Page 8 of 10
DEP 55-231 (01/05)
43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, duly executed by each of the parties hereto, and attached to the original
of this PROJECT AGREEMENT.
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DEP Agreement No. F6042, Page 9 of 10
DEP 55-231 (01/05)
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF EDGEWATER
\:X) f<<5T '5\ b N
By:
Division Director (or Designee)
Division of Recreation and Parks
By:
Printed Name:
Title:
Date
Date
Address:
Office of Information and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
Post Office Box 100
Edgewater, FL 32132
~-[J~
---- ~ c-~____
DEP rant Manager
Grantee - City Paralegal
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
January 24, 2005 for use for one year.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letter/
Number Description (include number of pages)
Attachment
1 Special Audit Requirements (5 Paqes)
DEP Agreement No. F6042, Page 10 of 10
DEP 55-231 (01/05)
ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
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MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with
any additional instructions provided by the Department to the recipient regarding such audit. The recipient further
agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB
Circular A-133, as revised.
1.
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHffiIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resoUrces received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, asrevised. An audit of the
recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as
revised, will meet the requirements of this part.
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2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000. in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions ofOMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfdalcfda.htrnl.
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DEP Agreement No.F6042, Attachment 1, Page 1 of 5
DEP 55-215 (09/04)
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(1), Florida Statutes.
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1.
In the event that the recipient expends a total amount of State fmancial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30,
2004), the recipient must have a State single or project-specific audit for such fiscal year in accordance with
Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief
Financial Officer; and Chapters 10.550 (1ocal governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State fmancial
assistance awarded through the Department of Environmental Protection by this Agreement. In detennining
the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State
fmancial assistance, including State fmancial assistance received from the Department of Environmental
Protection, other state agencies, and other nonstate entities. State fmancial assistance does not include
Federal direct or pass-through awards and resources received by a nonstate entity for Federal program
matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of
a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State fmancial assistance in its fiscal year ($500,000 for fiscal
years ending on or after September 30, 2004), an audit conducted in accordance with the provisions of
Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000
in State fmancial assistance in its fiscal year ($500,000 for fiscal years ending on or after September 30,
2004) and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an
audit must be paid from the recipient's resources obtained from other than State entities).
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4. For information regarding the Florida Catalog of State Financial Assistance (CSF A), a recipient should
access the Florida Single Audit Act website located at http://state.fl.us/fsaa/catalog or the Governor's
Office of Policy and Budget website located at
http://www.mvflorida.com/mvflorida/government/contacts/opbOffice.html for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website
http://www.1eg.state.fl.us/, Governor's Website htto://www.myflorida.com/, Department of Financial
Services' Website http://www.dbf.state.fl.us/and the Auditor General's Website
http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and
required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-B3, as revised, by or on behalf of the recipient directly to each of the following:
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DEP Agreement No. F6042, Attachment 1, Page 2 of 5
DEP 55-215 (09/04)
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
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B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3.
Copies of fmancial reporting packages required by PART II of this Agreement shall be submitted by or on
behalf of the recipient directlv to each of the following:
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A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. F6042, Attachment 1, Page 3 of 5
DEP 55-215 (09/04)
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5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6.
Recipients, when submitting fmancial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow. the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
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DEP Agreement No. F6042, Attachment 1, Page 4 of 5
DEP 55-215 (09/04)
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TENTATIVE AGENDA ITEMS
\ \. F\.
AUGl
1) 2nd Reading, Ord #2005-0-17, Sm Scale Comp, River Colony 4 acres n of Jones Fish Camp - cont from
7/18; 60
2) 2nd Reading, Ord #2005-0-34, Sm Scale Comp, Barnett 9.91 acres s of 35th Street (CP A-0508) Low
Density Residential - cont from 7/18; 6P
3) 2nd Reading, Ord #2005-0-35, Rezoning, Barnett 9.91 acres s of 35th (RZ-0512) to R-3 single family
residential - cont from 7/18; 6K
4) 2nd Reading, Ord #2005-0-37, Rezoning, Lind 4.1 acres n/e comer USl & Jones Fish Camp as B-3
Highway Commercial (RZ-0511) - cont from 7/18; 6L
5) 2nd Reading, Ord #2005-0-39, Rezoning, Hickey 4.7 acres Clinton Cemetery Rd Commercial (RZ-0509)-
continued fRom 7/18; 6M
6) pt Reading, Ord #2005-0-42, Sm Scale Comp, Barnett 1.67 acres s of 35th (CP A-0509) Low Density
Residential - continued from 7/18; 6S
7) pt Reading, Ord #2005-0-43, Rezoning, Barnett 1.67 acres s of 35th (RZ-0514) to R-3 single family
residential - cont from 7/18; 6N
AUG 15
2nd Reading, Ord #2005-0-41, Annex, Barnett 1.67 acres south of 35th Street (AN-0511)
2nd Reading, Ord #2005-0-42, Sm Scale Comp, Barnett 1.67 acres s of 35th (CP A-0509) Low Density
Residential
2nd Reading, Ord #2005-0-43, Rezoning, Barnett 1.67 acres s of 35th (RZ-0514) to R-3 single family
residential
1 st Reading, Ord #2005-0-, Rezoning, Sfera 12.01 acres (RZ-0517) Highway Commercial
1 st Reading, Ord #2005-0-, Rezoning, River Colony 4 acres n of Jones Fish Camp Rd RPUD (RZ-0506)
1 st Reading, Ord #2005-0-, Rezoning, Storch/Belmont 154 acres RPUD (RZ-0502)
1 st Reading, Ord #2005-0-, Rezoning, Carder 24.26 acres RPUD (RZ-0504)
1 st Reading, Ord #2005-0-, Rezoning, Scott Tobin RPUD (RZ-051 0)
1 st Reading, Ord #2005-0-, Rezoning, Jalbert 12 acres RPUD (RZ-0409)
1 st Reading, Ord #2005-0-, Rezoning, Jalbert 1 acre (RZ-041 0)
1 st Reading, Ord #2005-0-, Rezoning, Hickey 30 acres (RZ-0507) & 2 acres residential (RZ-0505)
pt Reading, Ord #2005-0-, Rezoning, Tobin 30.01 acres RPUD (RZ-051O)
Res #2005-R-, Scott Tobin abandonment (AB-0501)
SEP 12 - Special Mtg - time?
1) 1 st Reading, Ord. #2005-0, adopting final millage rate of
2) 1 st Reading, Ord. #2005-0, adopting final budget for FY 2005/2006
Regular
1) 2nd Reading, Ord #2005-0-15, JC & Rosemary Carder requesting annexation of 24.26:!: acres of land
located east of US 1 and south of River Park Blvd - cont from 6/06, item 6D.
2) 2nd Reading, Ord #2005-0-, Rezoning, River Colony 4 acres N ofJones Fish Camp Rd - RPUD (RZ-0506)
3) ptReading, Ord #2005-0-, Rezoning, ASD Properties/Jonesl10.66 acres PUD (RZ-0508) &
Jones/Putnam - 1 acre @ 1155 Old Mission Road (RZ-0515)
4) Pinehurst subdivision
SEP 26 - Special Mtg - time?
1) 2nd Reading, Ord. #2005-0, adopting final millage rate of
2) 2nd Reading, Ord. #2005-0, adopting final budget for FY 2005/2006
Rev. 7/12/05
I:\liz _ docs\outlines\aitems080 I 05
,.-
Regular
1) 1 st Reading, Ord #2005-0-, Rezonings, Airpark-Massey area
l
1
r
OCT3
1) 2nd Reading, Ord #2005-0-, Rezonings, Airpark-Massey area
o
The following are waiting on comments from DCA pursuant to June 6 transmittal:
I) 2nd Reading, Ord #2005-0-22, Lg Scale Comp, Storch/Hickey 36.07 acres Low Density Residential (CP A-
0416) - 6/06; 61
2) 2nd Reading, Ord #2005-0-23, Lg Scale Comp, Storch/Belmont 154.97 acres (CPA-0415) 6/06; 6J
3) 2nd Reading, Ord #2005-0-, Rezoning - Storch/Belmont - RPUD (RZ-0502)
4) 2nd Reading, Ord #2005-0-24, Lg Scale Comp, Sfera 12.01 acres Commercial (CPA-0417) 6/06; 6K
5) 2nd Reading, Ord #2005-0-25, Lg Scale Comp, Kayat 37.26 acres Industrial (CPA-0419) 6/06; 6L
6) 2nd Reading, Ord #2005-0-26, Lg Scale Comp, Jalbert 12.38 acres (CP A-0406) 6/06; 6M
7) 2nd Reading, Ord #2005-0-, Rezoning, Jalbert 12.38 acres (RZ-0409)
8) 2nd Reading, Ord #2005-0-, Rezoning, Jalbert 1.5 acres (RZ-0410)
9) 2nd Reading, Ord #2005-0-30, Lg Scale Comp, Scott Tobin 30.01 acres High Density Residential (CP A-
0505) 6/06; 60
10) 2nd Reading, Ord #2005-0-31, Lg Scale Comp, ASD Properties 100.66 acres Med Density Residential
CP A-0506) 6/06; 6P
11) 2nd Reading, Ord #2005-0-, Rezoning, Carder RPUD (RZ-0504)
12) 2nd Reading, Ord #2005-0-, Rezoning, Scott Tobin RPUD (RZ-051O)
13) 2nd Reading, Ord #2005-0-, Rezoning, ASD Properties (RZ-0508)
14) 2nd Reading, Ord #2005-0-38, Rezoning, Kayat (RZ-0418)
15) 2nd Reading, Ord #2005-0-, Rezoning, Sfera 12.01 acres (RZ-0517) Highway Commercial
16) 2nd Reading, Ord #2005-0-, Rezoning, Hickey 30 acres (RZ-0507) & 2 acres residential (RZ-0505)""",\
17) 2nd Reading, :Ord #2005-0-, Rezoning, ASD Properties/Jones 110.66 acres PUD (RZ-050~
Jones/Putnam - 1 acre @ 1155 Old Mission Road (RZ-0515)
o
Rev. 7/12/05
I:\Iiz _docs\outlines\aitems080 I 05