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05-17-2010 ~ Voting Order Councilman Cooper Mayor Thomas Councilwoman Rogers Councilwoman Bennington Councilwoman Rhodes AMENDED AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 17, 2010 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROY AL OF MINUTES a. Special Meeting - February 23, 2010 (This item was continued from the April 19, 2010 meeting) b. Special Meeting - March 29, 2010 3. PRESENT A TIONS/PROCLAMATIONSIPLAQUES/CERTIFICA TES/DONA TIONS a. Finance Director John McKinney presenting a Certificate of Achievement in Excellence in Finance Reporting. b. Finance Director John McKinney and James Haleran of James Moore and Company presenting the 9/30/2009 Comprehensive Annual Financial Report (CAFR). 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROY AL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. a. Authorization for the Mayor to enter into Agreements giving the City approval to utilize vacant property located at the comer of Lamont Street and North Ridgewood Avenue and property located at the Edgewater-New Smyrna Cemetery for parking during the July fireworks on July 4,2010. b. Authorization for the City Manager to enter into a four-year lease agreement with Pitney Bowes for mailing equipment. City Council Agenda May 17,2010 Page-2- 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 2nd Reading - Ordinance No. 2010-0-08; an amendment to Section 4.11 (Residency Requirements for Certain City Employees) ofthe Charter. b. ~oo - ~ Reading - Ordinance No. 2010-0-09; an amendment to the City Charter by deleting Amending Sections 1.01 (a)-w c. 2nd Reading - Ordinance No. 2010-0-07; Designating properties as a Brownfield Area d. 2nd Reading - Ordinance No. 2010-0-4; Annexation of 2.15::1:: acres of land located at 2798 S. US Highway 1. e. 2nd Reading - Ordinance No. 2010-0-05; Amendment to the Comprehensive Plan Future Land Use Map to include 2.15::1:: acres of land located at 2798 S. US Highway 1 as Commercial. f. 2nd Reading - Ordinance No. 2010-0-06; Amendment to the Official Zoning Map to include 2.15::1:: acres of and located at 2798 S. US Highway 1 as B-3 (Highway Commercial). g. 151 Reading - Ordinance No. 2010-0-10; Annexation of 9.13::1:: acres of property located at 3515 U.S. Highway 1. h. 151 Reading - Ordinance No. 2010-0-11; Amendment to the Comprehensive Plan Future Land Use Map to include 9.13::1:: acres of property located at 3515 U.S. Highway 1 as Commercial with Conservation Overlay. 1. 151 Reading - Ordinance No. 2010-0-12; Amendment to the Official Zoning Map to include 9.13::1:: acres of property located at 3515 U.S. Highway 1 as B-3 (Highway Commercial). J. Request for conceptual site plan approval for a 38,000::1:: square foot expansion of the existing mini-warehouse facility, known as Indian River Self Storage, as well as an additional RV parking area for property located at 3515 U.S. Highway I. 9. BOARD APPOINTMENTS a. Economic Development Board - Councilwoman Bennington's appointment due to the expired term of Marcia Barnett, who seeks reappointment. b. Economic Development Board - Councilwoman Rhodes' appointment due to the expired term of Chris Balmer, who seeks reappointment. 10. OTHER BUSINESS a. Request for consideration in reducing impact fees for an addition of 2,500 square feet of office and 3,100 square feet of storage units totaling 5,600 square feet at U-Sto-It located at 3725 US Highway 1. b. Direction to the City Manager regarding FEMA projects relating to the 2004 hurricanes. c. Confirmation of the emergency repairs to the Master Lift Station at the Wastewater Treatment Plant and the issuance of Work Order 2007-17 for services provided by Quentin Hampton Associates, Inc. d. Cost Share Agreement between the St. Johns River Water Management District and the City of Edgewater for the Eastern Shores Stormwater Improvement Project. 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager City Council Agenda May 17,2010 Page-3- 12. CITIZEN COMMENTS 13. ADJOURN Note: All items from staff for inclusion on the June 21. 2010 agenda must be received by the City Clerk's office no later than 12:00 pm, June 10,2010. Pursuant to Chapter 286. F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. Jfyou are hearing or voice impaired, contact the relay operator at 1-800-955-8771. Voting Order Councilman Cooper Mayor Thomas Councilwoman Rogers Councilwoman Bennington Councilwoman Rhodes AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 17,2010 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROV AL OF MINUTES a. Special Meeting - February 23, 2010 (Tltis item was cOlltillued from tlte April 19, 2010 meetillg) b. Special Meeting - March 29,2010 3. PRESENT A TIONSIPROCLAMA TIONS/PLAQUES/CER TIFICA TESIDONA TIONS a. Finance Director John McKinney presenting a Certificate of Achievement in Excellence in Finance Reporting. b. John Haleran and James Haleran of James Moore and Company presenting the 9/30/2009 Comprehensive Annual Financial Report (CAFR). 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. a. Authorization for the Mayor to enter into Agreements giving the City approval to utilize vacant property located at the comer of Lamont Street and North Ridgewood Avenue and property located at the Edgewater-New Smyrna Cemetery for parking during the July fireworks on July 4, 2010. b. Authorization for the City Manager to enter into a four-year lease agreement with Pitney Bowes for mailing equipment. City Council Agenda May 17,2010 Page-2- 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 2nd Reading - Ordinance No. 2010-0-08; an amendment to Section 4.11 (Residency Requirements for Certain City Employees) of the Charter. b. 2nd Reading - Ordinance No. 2010-0-09; an amendment to the City Charter by deleting Sections 1.01 (a)-(e). c. 2nd Reading - Ordinance No. 2010-0-07; Designating properties as a Brownfield Area d. 2nd Reading - Ordinance No. 2010-0-4; Annexation of 9.66::1:: acres ofland located at 3515 S. US Highway 1. e. 2nd Reading - Ordinance No. 2010-0- 5; Amendment to the Comprehensive Plan Future Land Use Map to include 9.66::1:: acres of land located at 3515 S. US Highway 1 as Commercial. f. 2nd Reading - Ordinance No. 2010-0-6; Amendment to the Official Zoning Map to include 9.66::1:: acres of and located at 3515 S. US Highway 1 as B-3 (Highway Commercial). g. 1st Reading - Ordinance No. 2010-0-10; Annexation of 9.13::1:: acres of property located at 3515 U.S. Highway 1. h. 1 st Reading - Ordinance No. 2010-0-11; Amendment to the Comprehensive Plan Future Land Use Map to include 9.13::1:: acres of property located at 3515 U.S. Highway 1 as Commercial with Conservation Overlay. 1. 1 st Reading - Ordinance No. 2010-0-12; Amendment to the Official Zoning Map to include 9.13::1:: acres of property located at 3515 U.S. Highway 1 as B-3 (Highway Commercial). J. Request for conceptual site plan approval for a 38,000::1:: square foot expansion of the existing mini-warehouse facility, known as Indian River Self Storage, as well as an additional RV parking area for property located at 3515 U.S. Highway 1. 9. BOARD APPOINTMENTS a. Economic Development Board - Councilwoman Bennington's appointment due to the expired term of Marcia Barnett, who seeks reappointment. b. Economic Development Board - Councilwoman Rhodes' appointment due to the expired term of Chris Balmer, who seeks reappointment. 10. OTHER BUSINESS a. Request for consideration in reducing impact fees for an addition of 2,500 square feet of office and 3,100 square feet of storage units totaling 5,600 square feet at U-Sto-1t located at 3725 US Highway 1. b. Direction to the City Manager regarding FEMA projects relating to the 2004 hurricanes. c. Confirmation of the emergency repairs to the Master Lift Station at the Wastewater Treatment Plant and the issuance of Work Order 2007-17 for services provided by Quentin Hampton Associates, Inc. d. Cost Share Agreement between the St. Johns River Water Management District and the City of Edgewater for the Eastern Shores Stormwater Improvement Project. 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager City Council Agenda May 17,2010 Page-3- 12. CITIZEN COMMENTS 13. ADJOURN Note: All items from staff for inclusion on the June 21, 2010 agenda must be received by the City Clerk's office no later than 12:00 pm, June 10,2010. Pursuant to Chapter 286. F.S.. if an individual decides to appeal any decision made with respect to any mailer considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. /n accordance with the Americans with Disabilities Act. persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Wenzel, /04 N. Riverside Drive. Edgewater, Florida. telephone number 386-424-2400 x //0/, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at/-800-955-877/. AGENDA REQUEST Date: April 27. 2010 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD APPOINTMENT OTHER CONSENT Mav 17.2010 BUSINESS ITEM DESCRIPTION: Agreement giving the City approval to utilize vacant property located at the comer of Lamont and North Ridgewood Ave. and property located with the Edgewater-New Smyrna Cemetery for parking during the July fireworks demonstration to occur on July 4,2010. BACKGROUND: As in previous years, the Fire-Rescue Association has located alternative parking areas that will conveniently accommodate visitors for the July fireworks demonstration to occur on July 4, 2010. These parking areas are the vacant lots located at the comer of Lamont and North Ridgewood Ave. and property located with the Edgewater Cemetery. The owners of the properties have once again agreed to allow the City of Edgewater to use the properties subject to the terms and conditions set forth in the attached agreement. STAFF RECOMMENDATION: Staff recommends that the City Council give approval for the Mayor to execute the Event License Agreements for the use of the above mentioned properties for parking during the July fireworks demonstration to occur on July 4,2010. ACTION REQUESTED: Motion to approve attached agreements and authorize the Mayor to execute. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A PREVIOUS AGENDA ITEM: YES NO XX DATE: N/A AGENDA ITEM NO. Respectfully submitted, ~;;:rO Stephen ousins Fire Chief AM::; D""~,, .j Trac T. Barlow City Manager ~~~W Robin Matusick Paralegal ~ CITY OF EDGEW A TER EVENT LICENSE AGREEMENT (pARKING. 4TH OF JULY) THIS CITY OF EDGEW A TER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this day of , 2010, by and between the CITY OF EDGEW A TER ("City") and NOW, INC., whose address is 115 North Ridgewood Avenue, Edgewater, Florida 32132 ("Owner"). WITNESSETH: WHEREAS, the City is sponsoring a 4th of July fireworks show, which will be held on July 4, 2010, within the City of Edgewater (the "Event"); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater at the corner of Lamont and North Ridgewood A venue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: Recitals. The above recitals are true and correct and are incorporated herein by reference. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on July 4, 2010. 4. Insurance: Indemnification. In consideration of the granting of the (Agreement/Event License Agreement - Now - 4th of July, 2010) 1 1. 2. 3. 5. license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of any act or omission by the City or its agents, subcontractors or employees; however, nothing contained herein shall serve or allow any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: OWNER: NOW, INC. Mohammed M. Azam OwnerlPresident Dated: ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas, Mayor Bonnie Wenzel City Clerk Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid Approved by the City Council of the qty of Edgewater at a meeting held on this day of , 2010 under Agenda Item No. (AgreementlEvent License Agreement - Now - 4th of July, 2010) 2 CITY OF EDGEW A TER EVENT LICENSE AGREEMENT (PARKING - 4TH OF JULY) THIS CITY OF EDGEW A TER EVENT LICENSE AGREEMENT (this "License Agreement") is made and entered into this day of , 2010, by and between the CITY OF EDGEW A TER ("City") and EDGEW A TER-NEW SMYRNA CEMETERY, whose address is 1210 John Anderson Drive, Ormond Beach, Florida 32176 ("Owner"). WITNESSETH: . . WHEREAS, the City is sponsoring a 4th of July fireworks show, which will be held on July 4,2010, within the City of Edgewater (the "Event"); and WHEREAS, it is anticipated that the parking requirements for this event will exceed the number of parking spaces the City can safely provide on City property; and WHEREAS, Owner is the owner of that certain parcel of property being located within the City of Edgewater in the 700 Block of South Ridgewood A venue (the "Property"); and WHEREAS, the Property is a suitable parcel of property for temporary parking purposes for the Event; and WHEREAS, Owner has agreed to allow for the free temporary parking on the Property by the general public for the Event subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, in consideration of the premises, and in further consideration of the covenants and benefits flowing between the parties as set forth herein below, the City and Owner, each intending to be bound, hereby agree as follows: Recitals. The above recitals are true and correct and are incorporated herein by reference. Authority. Owner warrants and represents that it has fee simple title to the Property and that Owner has full right, authority and capacity to execute this License Agreement. Grant of License: Term. Owner hereby grants to City a license for vehicles to cross over and upon and park on the Property free of charge in connection with the Event. The license granted herein may be utilized by the City and its invitees attending the Event. The license shall be effective only on July 4, 2010. 4. Insurance: Indemnification. In consideration of the granting of the (AgreementlEvent License Agreement - Cemetery - 4th of July, 2010) 1 1. 2. 3. 5. license, the City agrees to maintain adequate insurance coverage for the uses of the Property as contemplated herein. In addition, to the extent permitted by law, the City hereby agrees to indemnify and hold Owner harmless from and against all personal injury or death, loss of or damage to personal property, loss, liability, costs, claims, demands, damages, actions, causes of action, suits and expenses arising out of any act or omission by the City or its agents, subcontractors or employees; however, nothing contained herein shall serve or allow any claim which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Maintenance: Clean-up. The City hereby agrees to clear the Property of trash and debris following the Event and otherwise to reasonably return the Property to its condition prior to the Event. IN WITNESS WHEREOF, the parties hereto have caused this City of Edgewater Event License Agreement to be executed in their names as of the day and year first written above. WITNESSES: OWNER: Cemetery Edgewater-New Smyrna Dated: ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA Bonnie Wenzel City Clerk By: Mike Thomas, Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wofe, Ansay & Kundid (AgreementlEvent License Agreement - Cemetery - 4th of July, 2010) 2 Approved by the City Council of the City of Edgewater at a meeting held on this day of 2010 under Agenda Item No. AGENDA REQUEST Date: May 17,2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT x OTHER BUSINESS ITEM DESCRIPTION: Pitney Bowes mailing equipment lease. BACKGROUND: The lease on the current mailing equipment has expired. The staff has assessed the needs/requirements of the City and recommends a four year lease with Pitney Bowes. Our current monthly lease payment is $213 per month. Based on the evaluation of the City needs, a more cost effective option is recommended. Utilizing the State of Florida Contract #600-760-07-01, the City can lease a suitable system for a monthly cost of $137.92. This will result in a four-year savings of over $3,600. STAFF RECOMMENDATION: Authorize City Manager to sign a four year lease with Pitney Bowes for mailing equipment. ACTION REQUESTED: Motion to authorize City Manager to sign a four year lease with Pitney Bowes for mailing equipment. FINANCIAL IMPACT: Four year savings over the current contract of $3,600. (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: YES NO _x_ YES NO AGENDA ITEM # Res c\fully, u7n;~~ J athan C. MCKinne~ Finance Director Concurrence: ~~ . A')J ("'3 .1:,) Robin L. Matusick Para egal . Pitney Bowes Agreement Number Engineering the flow of communication'" Shlte of Florida Contract #600-760-07-01 Order Form Your Business Information CITY OF EDGEWATER Full Legal Name of Lessee 104 N RIVERSIDE DR PO DRAWER 100 DBA Name of Lessee Tax 10 # (FEINfTlN) EDGEWATER FL City State 19029991866 Billing Contact Phone # Billing CAN # EDGEWATER FL City State 21318435860 Installation Contact Phone # Installation CAN # Invoice Attention of Customer PO # 32132-0100 Billing Address Zip+4 Billing Contact Name 104 N RIVERSIDE DR 32132-1716 Installation Address (If different than billing address) Zip+4 Installation Contact Name Please note any special billing requirements here Your Business Needs Qty Business Solution Description Mail Stream Solution - 2 DM400C W/10LB Scale and 100 Accounts IntelliLink Interface I PSD for DM300CI DM400C/DM450C w/P IntelliLink Subscription Check items to be includ@d in customer's payment Service Level Agreement ~ Provides Standard SLA with Training D Software Maintenance (additional terms apply) Provides revision updates and technical assistance ~ Soft-Guard@Subscription Provides postal and c8lTier updates If you do not eled to indude Soft.Guard~ protection with your lease, you will automatically receive updates at the then.current rates. ~ IntelliLink<<l SubscripUon/Meter RentallValue Based Services Provides simplified billing and includes postage resets ( ) Value Based Services (x) Purchase Power Receive an invoice for postage. consolidated billing, (No Transaction Fees) and enhanced management reporting infonnation. Your Payment Plan Number of months Monthlyfamount* First 48 $137.92 ) Required Advanced check of $0.00 received. ) Tax Exempt certificate attached . Does not include any applicable sales taxes & Paymant plans begin after aoy applicable Prorated Usage Period Your Acknowledgement By your signature below, you are entering into a lease Agreement pursuant to the terms and conditions of the State Contract #600-760-07-1 Signature Date Print Name Title Email Address kelly Benoit 101 Account Rep District Office PBGFS Acceptance Florida (Rev. 5/07) Equipment Vendor: Pitney Bowes Inc. . Pitney Bowes Agreement Number Engineering the flaw of communicatian'- St<lle of Florida Contract #600-760-07-0] Order Form Your Business Information CITY OF EDGEWATER Full Legal Name of Lessee 104 N RIVERSIDE DR PO DRAWER 100 DBA Name of Lessee Tax ID # (FEINfTlN) EDGEWATER FL City State 19029991866 Billing Contact Phone # Billing CAN # EDGEWATER FL City State 21318435860 Installation Contact Phone # Installation CAN # Invoice Attention of Customer PO # 32132-0100 Billing Address Zip+4 Billing Contact Name 104 N RIVERSIDE DR 32132-1716 Installation Address (If different than billing address) Zip+4 Installation Contact Name Please note any special billing requirements here Your Business Needs Qty Business Solution Description Mail Stream Solution L 2 DM400C W/10LB Scale and 100 Accounts IntelliLink Interface I PSD for DM300CI DM400C/DM450C w/P IntelliLink Subscription Check items to be included in custome....s payment Service level Agreement I2SJ Provides Standard SLA with Training D Software Maintenance (additional tenns apply) Provides revision updates and technical assistance ~ Soft-Guard@Subscription Provides postal and carrier updates If you do not elect to include Son-Guamatl protection with your lease, you will automatically receive updates at the then-current rates. ~ IntelliLlnkt> Subscription/Meter RentallValue Based Services Provides simplified billing and includes postage resets ( ) Value Based Services (x) Purchase Power Receive an invoice for postage, consolidated billing, (No Transadion Fees) and enhanced management reporting information. Your Payment Plan Number of months Monthly amount" First 48 $137.92 ) Required Advanced check of $0.00 received. ) Tax Exempt certificate attached . Does not include any applicable sales taxes & Payment plans begin after any applicable Prorated Usage Period Your Acknowledgement By your signature below. you are entering into a lease Agreement pursuant to the terms and conditions of the State Contrad #600-760-07-1 Signature Date Print Name Title Email Address kelly Benoit 101 Account Rep District Office PBGFS Acceptance Florida (Rev. 5/07) Equipment Vendor: Pitney Bowes Inc. AGENDA REQUEST Date: Mav 5, 2010 PUBLIC HEARING X RESOLUTION ORDINANCE 5/17/10 BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION 2nd Reading - Ordinance No. 2010-0-08 An amendment to Section 4.11 of the City Charter pertaining to residency requirements. BACKGROUND The Charter is mandated to be reviewed every five years. In March 2010 the Charter Review Committee reconvened and reviewed the Charter for possible amendments. The Committee held six meetings and discussed their recommendations at length. Any amendments to the City Charter must be approved by City Council to go before the registered voters as a Referendum at a General Election. The Charter Review Committee has recommended that Council consider whether Section 4.11 of the City Charter should be amended to allow the City Council to waive the residency requirement for the Police Chief and Fire Chief if the waiver is in the best interest of procuring the services of the most qualified applicant and to remove the condition that waivers shall only be granted under extraordinary circumstances. RECOMMENDATION The Charter Review Committee recommends approval of Ordinance No. 2010-0-08 and to authorize the City Clerk to transmit to the Supervisor of Elections for inclusion on the ballot. ACTION REQUESTED Motion to approve Ordinance No. 2010-0-08 and to authorize the City Clerk to transmit to the Supervisor of Elections for inclusion on the ballot. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES X NO DATE: 4/19/10 AGENDA ITEM NUMBER: 8a Respectfully Submitted By: furVt \.L' .\.0 QJL~ Bonnie Wenzel City Clerk 4 vr/-4s/- / Tra~ Barlow City Manager C5f>.cb.-) ~N ~ U Robin Matusick Paralegal ORDINANCE NO. 2010-0-08 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING ARTICLE IV (ADMINISTRATION), SECTION 4.11 (RESIDENCY REQUIREMENTS FOR CERT AIN CITY EMPLOYEES) OF THE CHARTER OF THE CITY OF EDGEW A TER; PROVIDING FOR REVISION OF THE CHARTER; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROV AL OR DISAPPROVAL OF THE PROPOSED CHARTER AMENDMENT SET FORTH HEREIN; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING PROCEDURES FOR BALLOTING; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 (1), Florida Statutes (2009), requires, with certain limited exception, the governing body of a municipality to, by ordinance, submit any proposed amendment to its charter to the electors of the municipality at a general or special election; and WHEREAS, Section 4.11 of the City Charter provides that the city manager, city attorney, city clerk and all department heads in charge of public safety services shall reside within the city limits, but that, except as to the city manager, police chief and fire chief, the requirement can be waived by the City Council under extraordinary circumstances; and WHEREAS, the Charter Review Committee of the City of Edgewater, Florida has proposed a change to the City Charter as more fully described herein; and WHEREAS, the City Council of the City of Edgewater, Florida (the "City Council") desires to submit to its citizens for consideration whether Section 4.11 of the City Charter should be amended to allow the City Council to waive the residency requirement for the Police Chief and Fire Chief and to broaden the City Council's power to grant waivers by removing the condition that waivers shall only be granted under extraordinary circumstances. CODING: words underlined are additions; words otrickcn are deletions. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: Struck through passages are deleted. Underlined passages are added. 2010-0-08 Page 1 of5 SECTION 1. PROPOSED CHARTER AMENDMENT Section 4.11 of the City Charter be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: The city manager, city attorney, city clerk, and all department heads in charge of public safety services (Police Chief/Fire Chief) shall reside within the corporate limits of the city within six months after the completion of the probationary period unless the requirement is waived by the city council. Except as to the city manager, police chief and fire chief, the city council may waive the residency requirement if the waiver is deemed to be in the best interests of procuring the services of the most qualified professional applicant. Council shall only grant \vaivers under extraordinary circumstances(s) and may impose reasonable conditions, such as, for example; limits on the time of the waiver. This section shall not apply to any department head or city employee hired prior to the effective date of this section. SECTION 2. FORM OF BALLOT RELATED TO SECTION 1 The form of ballot for the Charter amendment provided for in Section 1 of this Ordinance shall be, as follows: "Amendment of Residency Requirements of Certain City Department Heads or Employees The current City Charter requires certain Department Heads reside in the City. The City Council may waive this residency requirement if deemed in the best interests of procuring the services of the most qualified professional applicant and the Council finds extraordinary circumstances exist. Currently, this waiver is not available to the Police and Fire Chief. This Amendment removes the requirement that extraordinary circumstances exist and makes such waiver available to the Police and Fire Chief." Shall the above-described Charter amendment be adopted? Yes - For Amendment No - Against Amendment" SECTION 3. REFERENDUM ELECTION A referendum election is hereby called and scheduled at the time of the next regularly schedule general election, November 2, 2010, to determine whether the ballot question appearing in Section 2 hereof shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the Struck through passages are deleted. Underlined passages are added. 2010-0-08 Page 2 of5 manner prescribed by law. The places for voting in such referendum election shall be such locations as are established for all City elections. All duly qualified electors of the City of Edgewater shall be entitled to participate in said election. SECTION 4. NOTICE OF REFERENDUM ELECTION Notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to said election, the first publication to be in the fifth (5th) week prior to the election, and the second publication to be in the third (3rd) week prior to the election, and shall be substantially in the form set forth in Section 2 of this Ordinance or as otherwise lawfully provided. Copies of this Ordinance shall be made available for public inspection during regular business hours at the City Hall. SECTION 5. COORDINATION WITH SUPERVISOR OF ELECTIONS AND DUTIES The City Clerk, with necessary assistance from the Supervisor of Elections for V olusia County, is hereby authorized to take all appropriate actions necessary to carry into effect and accomplish the electoral provisions of this Ordinance. The City Clerk is authorized to arrange for early voting as authorized by law. SECTION 6. VOTER REGISTRATION BOOKS The Supervisor of Elections for V olusia County is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such City Charter referendum, applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the City of Edgewater. SECTION 7. INCLUSION IN THE CHARTER It is the intention of the City Council, and it is hereby ordained that the provisions of Sections I of this Ordinance shall become and be made a part of the Charter of the City of Edgewater, Florida, as to any Charter amendment measure approved by a majority of voters voting on such measure in such election; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; that the word "Ordinance" may be changed to "Section" or other appropriate word. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect immediately upon its adoption. The proposed City Charter Amendment described in Section I, above, shall only be effective if a majority of the qualified electors of the City of Edgewater voting at the general election vote for its adoption and shall be considered adopted and effective upon certification of the election results as provided herein. SECTION 9. CONFLICTING ORDINANCES All ordinances in conflict herewith are hereby repealed to the extent of such conflict. Struck through passages are deleted. Underlined passages are added. 20 I 0-0-08 Page 3 of5 SECTION 10. SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, that holding in no way affects the remaining portions of this Ordinance. SECTION 11. ADOPTION After Motion to approve by Councilman Cooper and Second by Councilwoman Rogers, the vote on the first reading of this ordinance held on April 19, 2010, was as follows: AYE NAY Mayor Mike Thomas x Councilman Debra J. Rogers x Councilwoman Gigi Bennington x Councilwoman Harriet B. Rhodes ABSENT Councilman Ted Cooper x After Motion to approve by and Second by , the vote on the second reading of this ordinance held on May 17, 2010 was as follows: AYE NAY Mayor Mike Thomas Councilman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper Struck through passages are deleted. Underlined passages are added. 20 I 0-0-08 Page 4 of5 PASSED AND DULY ADOPTED this 17th day of May, 2010. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel City Clerk Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims, Wolfe, Ansay, Kundid & Birch Approved by the City Council of the City of Edgewater at a meeting held on this 17th day of May, 2010 under Agenda Item No._. Struck through passages are deleted. Underlined passages are added. 2010-0-08 Page 5 of5 AGENDA REQUEST Date: May 5.2010 PUBLIC HEARING X RESOLUTION ORDINANCE 5/17/10 BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION 2nd Reading - Ordinance No. 2010-0-09 An Ordinance amending the City Charter by deleting Section I.01(a) - (e) and providing for revision of the Charter. BACKGROUND The Charter is mandated to be reviewed every five years. In March 2010 the Charter Review Committee reconvened and reviewed the Charter for possible amendments. The Committee held six meetings and discussed their recommendations at length. Any amendments to the City Charter must be approved by City Council to go before the registered voters as a Referendum at a General Election. The City of Edgewater Land Development Code currently has a maximum height limit within each zoning district, located in Article V, Table V-I. These limits can only be amended by Council's approval of an Ordinance at two public hearings. The proposed amendment will only remove the height restriction from the Charter; there are currently no proposed changes to the Land Development Code regarding height restrictions. At first reading Council proposed an amend to the language to limit building heights to 35-feet east of the centerline of US Highway 1, rather than delete the restriction entirely. RECOMMENDATION The Charter Review Committee recommends approval of Ordinance No. 2010-0-09 and to authorize the City Clerk to transmit to the Supervisor of Elections for inclusion on the ballot. ACTION REQUESTED Motion to approve Ordinance No. 2010-0-09 and to authorize the City Clerk to transmit to the Supervisor of Elections for inclusion on the ballot. FINANCIAL IMP ACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES X NO DATE: 4/19/10 AGENDA ITEM NUMBER: 8b Respectfully Submitted By: ~J\J\Ll6 .1J..00!'L~ Bonnie Wenzel City Clerk ~3--:"r'r)::;~-~.J9 Robin Matusick Paralegal ORDINANCE NO. 2010-0-09 AN ORDINANCE OF THE CITY OF EDGEW ATER, FLORIDA PROVIDING FOR A PROPOSED AMENDMENT TO SECTION 1.01(a)(1) OF THE CITY CHARTER; PROVIDING FOR REVISION OF THE CHARTER; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE PROPOSED CHARTER AMENDMENT SET FORTH HEREIN; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING PROCEDURES FOR BALLOTING; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 (1), Florida Statutes (2009), requires, with certain limited exception, the governing body of a municipality to, by ordinance, submit any proposed amendment to its charter to the electors of the municipality at a general or special election; and WHEREAS, Section 1.01(a) of the City Charter currently provides for a building height restriction of thirty-five (35) feet, except for Business/Commercial, Public/Semi-Public or Industrial buildings ("Charter Building Height Restriction"); and WHEREAS, the City Council of the City of Edgewater, Florida (the "City Council") desires to submit to its citizens for consideration whether Section 1.01(a)(1) should be amended so that the Charter Building Height Restriction is only applicable to buildings east of the centerline of US Highway 1. CODING: words underlined are additions; words stricken are deletions. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: SECTION 1. PROPOSED CHARTER AMENDMENT Section 1.01 of the City Charter shall be amended, upon a vote of a majority of the City of Edgewater electors in favor of such an amendment, to read as follows: Sec. 1.01. General powers. The city shall have all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. Struck through passages are deleted. Underlined passages are added. 2010-0-09 Page 1 of 5 (a)(l) In order to further protect the public health, safety, general welfare, and aesthetics, no new building height, east of the centerline of US Highway I, shall exceed 35 feet, nor shall any existing building, east of the centerline of US Highwav I, be altered to cause it to exceed a building height of 35 feet. (2) The building height restrictions contained in Section 1.01(a)(1) shall not apply to Business/Commercial, Public/Semi-Public or Industrial buildings, including, but not limited to, retail stores, fire and police stations, hospitals and manufacturing facilities. The 35-foot height restriction shall apply to residential buildings such as condominiums. (b) Building height means the vertical distance from the elevation of the crown of the road of the nearest adjacent roadway at the center of the front of the building to the highest point of the coping of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and ridge for hip, gable and gambrel roofs. (c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water tanks, fire towers, cooling towers, ventilators, chimneys, radio and television towers, elevator hoistways, not intended for human occupancy. (d) Buildings in existence or with approved construction permits or adopted Planned Unit Developments on or before the effective date of this amendment, may be completed, repaired or rebuilt to a height not to exceed the previously existing height, within the same building footprint, subject to any other applicable state, federal or local laws. The height limits are not intended to restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory or common law. If it is determined by a court of competent jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the Land Development Code in effect on the date of the adoption of this amendment. (e) Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes effective upon adoption. This amendment shall become effective immediately upon approval by the electors. SECTION 2. FORM OF BALLOT RELATED TO SECTION 1 The form of ballot for the Charter amendment provided for in Section 1 of this Ordinance shall be, as follows: "Amending City Charter as to Building Height Restrictions. The City Charter currently provides for a building height restriction of thirty-five (35) feet, except for Business/Commercial, Public/Semi-Public or Industrial buildings. This Charter amendment limits the applicability of the City Charter Struck through passages are deleted. Underlined passages are added. 2010-0-09 Page 2 of5 building height restriction of thirty-five (35) feet to buildings east of the centerline of US Highway 1. Shall the above-described Charter amendment be adopted? Yes - For Amendment No - Against Amendment" SECTION 3. REFERENDUM ELECTION A referendum election is hereby called and scheduled at the time of the next regularly schedule general election, November 2, 2010, to determine whether the ballot question appearing in Section 2 hereof shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law. The places for voting in such referendum election shall be such locations as are established for all City elections. All duly qualified electors of the City of Edgewater shall be entitled to participate in said election. SECTION 4. NOTICE OF REFERENDUM ELECTION Notice of said election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to said election, the first publication to be in the fifth (5th) week prior to the election, and the second publication to be in the third (3rd) week prior to the election, and shall be substantially in the form set forth in Section 2 of this Ordinance or as otherwise lawfully provided. Copies of this Ordinance shall be made available for public inspection during regular business hours at the City Hall. SECTION S. COORDINATION WITH SUPERVISOR OF ELECTIONS AND DUTIES The City Clerk, with necessary assistance from the Supervisor of Elections for Volusia County, is hereby authorized to take all appropriate actions necessary to carry into effect and accomplish the electoral provisions of this Ordinance. The City Clerk is authorized to arrange for early voting as authorized by law. SECTION 6. VOTER REGISTRATION BOOKS The Supervisor of Elections for V olusia County is hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes are to be cast in such City Charter referendum, applicable portions of the registration books or certified copies thereof showing the names of the qualified electors residing in the City of Edgewater. Struck through passages are deleted. Underlined passages are added. 2010-0-09 Page 3 of5 SECTION 7. INCLUSION IN THE CHARTER It is the intention of the City Council, and it is hereby ordained that the provisions of Sections 1 of this Ordinance shall become and be made a part of the Charter of the City of Edgewater, Florida, as to any Charter amendment measure approved by a majority of voters voting on such measure in such election; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; that the word "Ordinance" may be changed to "Section" or other appropriate word. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect immediately upon its adoption. The proposed City Charter Amendment described in Section 1, above, shall only be effective if a majority of the qualified electors ofthe City of Edgewater voting at the general election vote for its adoption and shall be considered adopted and effective upon certification of the election results as provided herein. SECTION 9. CONFLICTING ORDINANCES All ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10. SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, that holding in no way affects the remaining portions of this Ordinance. SECTION 11. ADOPTION After Motion to approve by Councilman Cooper and Second by councilwoman Bennington, the vote on the first reading of this ordinance held on AoriI19., 2010, was as follows: AYE NAY Mayor Mike Thomas x Councilman Debra J. Rogers x Councilwoman Gigi Bennington x Councilwoman Harriet B. Rhodes ABSENT Struck through passages are deleted. Underlined passages are added. 2010-0-09 Page 4 of 5 Councilman Ted Cooper X After Motion to approve by and Second by the vote on the second reading of this ordinance held on was as follows: Mayor Mike Thomas Councilman Debra 1. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper PASSED AND DULY ADOPTED this ATTEST: Bonnie Wenzel City Clerk AYE day of NAY ,2010. CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims, Wolfe, Ansay, Kundid & Birch Approved by the City Council of the City of Edgewater at a meeting held on this _ day of , 2010 under Agenda Item No. Struck through passages are deleted. Underlined passages are added. 2010-0-09 Page 5 of5 AGENDA REQUEST C.A. #2010-037 Date: April 23. 2010 PUBLIC HEARING May 17. 2010 BOARD APPOINTMENT ITEM DESCRIPTION: RESOLUTION ORDINANCE May 17.2010 CONSENT OTHER BUSINESS 2nd Reading - Ordinance 2010-0-07 Designating properties as the Edgewater Redevelopment Area. BACKGROUND: The attached Ordinance will designate certain properties, as set out on Exhibit "A", as the Edgewater Redevelopment Area (ERA) for the purpose of environmental remediation, rehabilitation, and economic development. The ERA is being developed pursuant to the Brownfield Redevelopment Act as defined in Florida Statutes Sections 376.77 through 376.86. The intent of the Brownfield Redevelopment Act is for the redevelopment and rehabilitation of abandoned or underutilized commercial and industrial areas with various incentives. The Act also encourages responsible persons to voluntarily develop and implement cleanup plans, without the use of local taxpayer funds, of discovered contaminated sites. It is anticipated that the proposed ERA will result in economic productivity of the area, along with the creation of additional full-time equivalent jobs and could provide for atTordable housing development. A portion of the proposed area is also presently considered in the City of Edgewater's Evaluation and Appraisal Report (EAR) as future redevelopment areas. Notice of the proposed designation has been provided to the property owners. There was a public meeting whereas the property owners were invited for a presentation from a representative from the Florida Department of Environmental Protection (FDEP). The representative was present to describe the benefits of the designation as well as answer questions. The property owners within the designated were provided an opportunity to "opt out" of having their property within the designated area by simply sending the city a letter requesting as such. This Ordinance was considered for first reading during the April 19, 20 I 0 City Council meeting with Council approving same by a vote of 4-0 with Councilwoman Rhodes being absent. STAFF RECOMMENDATION: StatTrecommends that the City Council adopt Ordinance 2010-0-07. ACTION REOUESTED: Motion to adopt Ordinance 2010-0-07. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: Ifso, DATE: April 19.2010 YES X AGENDA ITEM # NO 8c Respectfully submitted, ~fukJ Trac y . Barlow City anager Concurrence: 0)~~~-U Robin L. Ma usick Paralegal ORDINANCE NO. 2010-0-07 AN ORDINANCE OF THE CITY OF EDGEW A TER, FLORIDA; DESIGNATING THE PROPERTIES SET OUT ON EXHIBIT "A" IN THE CITY OF EDGEWATER, FLORIDA AS A BROWNFIELD AREA TO BE KNOWN AS THE EDGEW A TER REDEVELOPMENT AREA ("ERA") FOR THE PURPOSE OF ENVIRONMENTAL REMEDIATION, REHABILITATION AND ECONOMIC DEVELOPMENT; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, AND ADOPTION. WHEREAS, the State of Florida has provided in Ch. 97-277, Laws of Florida, codified as Sections 376.77 through 376.86, Florida Statutes, known as the Brownfields Redevelopment Act, for the designation by resolution of certain areas as brownfield sites or areas, and for the corresponding provision of environmental remediation, rehabilitation and economic development for such areas or sites; and WHEREAS, the legislative intent behind the Brownfields Redevelopment Act includes the redevelopment and rehabilitation of abandoned or underused commercial and industrial areas, with incentives to "... encourage responsible persons to voluntarily develop and implement cleanup plans without the use of taxpayer funds...", pursuant to Section 376.78(3), Florida Statutes; and WHEREAS, the City of Edgewater desires to take advantage of the Brownfields Redevelopment Act to redevelop and rehabilitate abandoned or underused commercial or industrial areas in the City and to allow responsible persons to develop and implement cleanup plans without the need to use local taxes when existing federal and state incentives are available for such action; and WHEREAS, the City of Edgewater has considered; (1) whether the Brownfield area warrants economic development and has a reasonable potential for such activities; (2) whether the proposed area to be designated represents a reasonable focused approach and is not overly large in geographic coverage; (3) whether the area has potential to interest the private sector in participating in rehabilitation; and (4) whether the area contains sites or parts of sites suitable for limited recreational open space, cultural, or historical preservation purposes; and WHEREAS, the City of Edgewater has designated the Brownfield area within the City of Edgewater to be known as the Edgewater Redevelopment Area ("ERA"). 8trllek thrslIgh passages are deleted. Underlined passages are added. 2010-0-07 WHEREAS, the City of Edgewater has considered the requirements for the Brownfield area designation as provided in Sections 376.80(2)(b), Florida Statues, and finds; 1. The rehabilitation and redevelopment of the proposed Edgewater Redevelopment Area will result in economic productivity of the area, along with the creation of additional full-time equivalent jobs not associated with the implementation of the Brownfield site rehabilitation and redevelopment, and will also provide affordable housing as defined in Sec. 420.000493), F.S.; 2. The redevelopment of the proposed Edgewater Redevelopment Area will also include areas presently considered in the City of Edgewater's Comprehensive Plan as future community redevelopment areas. 3. Notice of the Edgewater Redevelopment Area designation and proposed applicable rehabilitation has been provided to property owners of the proposed area to be designated. There will be an opportunity afforded to those receiving notice for comments and suggestions. There will also be an opportunity for those with such indentified property to request that their property not be included as a Edgewater Redevelopment Area designation. 4. The Edgewater Redevelopment Area designated property owners will be provided reasonable assurance that they will receive assistance with the application and implementation of rehabilitation agreements and redevelopment plan for their respective properties; and WHEREAS, the notice, publication and public hearing requirements set forth in section 376.80(1), Florida Statues, have been satisfied; and WHEREAS, the City of Edgewater, Florida, shall notify the Florida Department of Environmental Protection in writing and provide a copy of this Resolution setting forth the designation of the properties described on Exhibit "A" hereof, as the Edgewater Redevelopment Area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: Section 1. In accordance with the Florida Brownfields Redevelopment Act, Sections 376.77 through 376.86, Florida Statues, the properties described on Exhibit "A" hereof are hereby designated as the Edgewater Redevelopment Area. Section 2. The property owners designated in the Edgewater Redevelopment Area as described on Exhibit "A" hereof shall be responsible for the site remediation and rehabilitation on the property individually owned by each of them within the Edgewater Redevelopment Area. Section 3. Designating said area as the Edgewater Redevelopment Area shall in no way render the City of Edgewater responsible for costs of site rehabilitation or source removal, 8tfllelc t1u811gh passages are deleted. Underlined passages are added. 2 20 I 0-0-07 as those terms are defined in Sections 376.79(17) and (18), Florida Statues, or for any other costs that may arise or be incurred. Section 4. The City Clerk is hereby directed to transmit a certified copy of this Ordinance to the Florida Department of Environmental Protection to inform them of the City of Edgewater's decision to designate the Edgewater Redevelopment Area which is a Brownfield area for remediation, rehabilitation and economic development for the purposes set forth in Sections 376.77 through 376.86, Florida Statues. Section 5. 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. Section 6. 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. Section 7. EFFECTIVE DATE This Ordinance shall become effective as of _,2010. Section 8. ADOPTION After Motion to approve by Councilman Cooper with Second by Councilwoman Rogers, the vote on the first reading of this ordinance during the meeting held on April 19, 2010 was as follows: AYE NAY Mayor Mike Thomas x Councilwoman Debra J. Rogers x Councilwoman Gigi Bennington x Councilwoman Harriet B. Rhodes ABSENT Councilman Ted Cooper x StrHek t1mlHgk passages are deleted. Underlined passages are added. 3 2010-0-07 After Motion to approve by with Second by the vote on the second reading of this ordinance during the meeting held on was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper ,2010 AYE NAY PASSED AND DULY ADOPTED this _ day of ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch Stnlel( threligh passages are deleted. Underlined passages are added. 2010-0-07 , 2010. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this _ day of , 2010 under Agenda Item No. 8 4 EXHIBIT "A" Strliek tArellgA passages are deleted. Underlined passages are added. 5 20 to-0-07 City of Edgewater t Area ..... . Redevelopmen . EconomIc ~eg - AGENDA REQUEST C.A. #AN-0901 Date: May 6. 20 I 0 PUBLIC HEARING May 17.2010 RESOLUTION ORDINANCE May 17.2010 BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 2nd Reading Ordinance No. 2010-0-04 CSC Properties, Inc requesting annexation of 2.15:l: acres of property located at 2798 S. Ridgewood Avenue BACKGROUND: OWNER: Cynthia Mock, Christopher Scott and Larry Sefton APPLICANT/AGENT: CSC Properties, Inc (contract purchaser) PROPOSED USE: 9,0 I 4:l: square foot retail store LOCATION: 2798 S Ridgewood Avenue AREA: 2.15 :l:acres CURRENT LAND USE: Single family residence FLUM DESIGNATION: Volusia County Commercial ZONING DISTRICT: Volusia County B-4 (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM DesiI!nation ZoninI! District North V acant/U ndeveloped V olusia County Commercial Volusia County B-4 (General Commercial) East V acant/U ndeveloped City Commercial B-3 (Highway Commercial) South Single Family City Low Density Residential R-2 (Single Family Residential)/ Residential and Commercial B-3 (Highway Commercial) West Vacant V olusia County Urban Low Volusia County R-3 (Urban Single- Intensity Family Residential) Background: The property is located west of U.S. Highway 1 and north of 28th Street. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 2.15:1: acre parcel. They are proposing a 9,014:1: SF retail store on this parcel and have submitted a site plan review application. Land Use Compatibility: The proposed Commercial Land Use is compatible with the majority of commercial uses along US Highway 1. Adequate Public Facilities: This site has access to U.S. Highway 1 and city water and sewer services are available. Other Matters: The applicant is concurrently seeking an amendment to the Future Land Use and Zoning Maps to include this 2.15:1: acre parcel. A separate Site Plan Review must be approved by the Technical Review Committee prior to any development of this property. At their regular meeting held on January 13, 2010, the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council to annex the 2.15:1: acres of property located at 2798 S. Ridgewood Ave. At their regular meeting of March 15,2010, City Council held a first reading and voted 5-0 to approve the annexation. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2010-0-04; annexation of 2.15:1: acres of property located at 2798 S. Ridgewood Avenue. ACTION REQUESTED: Motion to approve Ordinance 2010-0-04. FINANCIAL IMP ACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: Ifso, DATE: March 13.2010 YES -X- NO AGENDA ITEM # 8-A Res Concurrence: Robin L. 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T AI ACSM \.AN:) nT\.fi SiURVIiY ~ i' , I' ::h ". '" S:\ACTI \ . \ C.LOCtf lr,\.I~lr.IA \H()flE IJIJI1 MIMllf~ ') " 'u,r !!-()Q( I).'''r',,( 'II '. .'. . ,J...... n' _,....... .. .\.. .~ - ~ \..' oG )~ . ...0 . .' ci~\l= "'<)\~~~ AO'~>lO ^~'" > \. I>J..J>M>>IDA DrnvE 50' PlATTED RIGHT -Of -WAY N ~m~ I~dl!i IHt '1111~. Hll; If-I ~III . , . i 11-- Id !cl I 1111 ~ll_.'. 1.1 !! ~ ! Ii ~~ ~!! i: ~ i i! !H ! Ii su l i' Ii,' i~ II t ~ .1 I ~i I ,- ,; ! Inm!m! mi' I 1'110 !ii'II" :<: . 111101 IIi ~ I 110 ~"III .: j i ~ml!;!ii II~~I Jil!~I!I,IIiU- 111'10 ,I '1111 I 0 I H II IIIJi!o ~'Ul ~Il II." 1...1 ~il!li,lu ,U! 11~'JfiiH I!I ~,,1II~Iai~ Iii ~ol,I"lol ,. ~1~~11I11 i'l il;I~II!I~ II- !;~IHIJ:i ,;1 '1; 1(', ~i' ORDINANCE NO. 2010-0-04 AN ORDINANCE ANNEXING 2.15 ACRES OF CERTAIN REAL PROPERTY LOCATED AT 2798 SOUTH RIDGEWOOD AVENUE, 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 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. Derek Oberschall ofCSC Properties, Inc. has applied on behalf of Larry John Sefton, Cynthia E. Mock and Christopher D. Scott, owners for annexation of property located at 2798 South Ridgewood Avenue, within V olusia County, Florida. Subject property contains approximately 2.15 :t acres. 2. The owners/applicants have voluntarily petitioned (applied) the City of Edge water 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 V oting District 4 of the City of Edge water are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on January 13, 2010, the Board 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 Edgewater, Florida: 1 8tril(e through passages are deleted. Underlined passages are added. #2010-0-04 PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, 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 thereofin conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or 2 Strike through passages are deleted. Underlined passages are added. #20 10-0-04 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 to approve by Councilwoman Rhodes with Second by Councilman Cooper, the vote on the first reading of this ordinance held on March 15,2010, was as follows: AYE NAY Mayor Mike Thomas x Councilwoman Debra J. Rogers x Councilwoman Gigi Bennington x Councilwoman Harriet B. Rhodes x Councilman Ted Cooper x 3 8tTiI(e thrfll:lgh passages are deleted. Underlined passages are added. #2010-0-04 After Motion to approve by with Second by " the vote on the second reading/public hearing of this ordinance held on May 17,2010, was as follows: Mayor Mike Thomas Councilwoman Debra J, Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper AYE NAY PASSED AND DULY ADOPTED this 17th day of May, 2010. ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch Strike threugh passages are deleted. Underlined passages are added. #2010-0-04 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 17th day of May, 2010 under Agenda Item No, 8_, 4 EXHIBIT" A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Vol usia and State of Florida. TRACT "A"- That portion of the North 231 feet of the South 462 feet of U.S. Government Lot 2, Section 1, Township 18 South, Range 34 East and that part of the North 231 feet of the South 462 feet of the Southeast '4 of the Southeast '4 of Section 2, Township 18 South, Range 34 East, Volusia County, Florida, lying Westerly of U.S. Highway No.1, Being more particularly described as follows: Begin at the Southeast comer of the North 231 feet of the South 462 feet of the Southeast '4 of the Southeast '4 of said Section 2; thence North 89013 '28" East, along the South line of the North 231 feet of the South 462 feet of the aforesaid U.S. Government Lot 2, Section 1, Township 18 South, Range 34 East, a distance of 113.67 feet to the West Right-of-Way of U.S. Highway No.1 (State Road 5); thence North 16001 '53" West, along said West Right-of-Way, a distance of242.51 feet to the North line of the North 231 feet of the South 462 feet of said U.S. Government Lot2; thence South 89031' 18" West, along said North line, and the North line of the aforesaid North 231 feet of the South 462 feet of the Southeast '4 of the Southeast '4 of Section 2, a distance of 400.00 feet; thence departing said North line, South 15059'39" East, 243.05 feet to the South line of the North 231 feet of the South 462 feet of the Southeast '4 of the Southeast '4 of said Section 2; thence North 89031 '37" East, along said South line, a distance of 286.34 feet to the Point of Beginning. 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"_:~ ';_ I L _~ 1~~~;);~;"S_~~/,::::::::-.:.::::::~~Pf\,~Yf~\'~~'M ~~\;~i:,%::~=~;~~:~~tr~~~~!~Z~=-~-;~E~~~::~~?;~=:~ AGENDA REQUEST C.A. #CP A-0902 Date: May 6. 2010 PUBLIC HEARING May 17.2010 ORDINANCE May 17.2010 RESOLUTION BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 2nd Reading Ordinance No. 2010-0-05 CSC Properties, Inc requesting an amendment to the Comprehensive Plan Future Land Use Map to include 2.15 acres of property located at 2798 S. Ridgewood Avenue as Commercial BACKGROUND: OWNER: Cynthia Mock, Christopher Scott and Larry Sefton APPLICANT/AGENT: CSC Properties, Inc (contract purchaser) PROPOSED USE: 9,014:1: square foot retail store LOCATION: 2798 S Ridgewood Avenue AREA: 2.15 :1:acres CURRENT LAND USE: Single family residence FLUM DESIGNATION: Volusia County Commercial ZONING DISTRICT: Volusia County B-4 (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Desif!nation Zoninf! District Nortll V acant/U ndeveloped V olusia County Commercial Volusia County B-4 (General Commercial) East V acant/U ndeveloped City Commercial B-3 (Highway Commercial) Soutll Single Family Low Density Residential and R-2 (Single Family Residential)/ Residential Commercial B-3 (Highway Commercial) West Vacant Volusia County Urban Low Volusia County R-3 (Urban Single- Intensity Family Residential) Background: The property is located west of U.S. Highway land north of 28th Street. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 2.15:f: acre parcel. They are proposing a 9,0 14:f: SF retail store on this parcel and have submitted a site plan review application. Land Use Compatibility: The proposed Commercial Land Use is compatible with surrounding US Highway 1 frontage properties and is the most consistent to the current V olusia County Future Land Use Commercial designation. Adequate Public Facilities: This site has access to U.S. Highway 1 and city water and sewer services are available. Comprehensive Plan Consistency V olusia Countv - Commercial (C) - This designation accommodates the full range of sales and service activities. These uses may occur in self-contained centers, multi-story structures, campus parks, municipal central business districts, or along arterial highways. In reviewing zoning requests or site plans, the specific intensity and range of uses, and design will depend on locational factors, particularly compatibility with adjacent uses, availability of highway capacity, ease of access and availability of other public services and facilities. Uses should be located to protect adjacent residential use from such impacts as noise or traffic. In wellfield protection areas uses are prohibited that involve the use, handling, storage, generation or disposal of hazardous or toxic material or waste or petroleum products. Intensity shall be no more than a fifty-five percent Floor Area Ratio (0.55 FAR) consistent with the applicable underlying zoning classification standards and land development regulations. Citv of Edeewater - 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 Edgewater 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. Other Matters: The applicant is concurrently seeking annexation as well as an amendment to the Zoning Map to include this 2.15 :f: acre parcel. An environmental impact study and site plan review must be completed and approved by the Technical Review Committee (TRC) prior to development of this property. At their regular meeting of January 13,2010, the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include 2.15:f: acres as Commercial for property located at 2798 S. Ridgewood A venue. At their regular meeting of March 15,2010, City Council held a first reading and voted 5-0 to approve the amendment to the Comprehensive Plan Future Land Use Map. The amendment was subsequently transmitted to the Volusia Growth Management Commission (VGMC) for Comprehensive Plan Consistency Certification. On April 22, 2010, the VGMC deemed the application certified without the need for a public hearing. STAFF RECOMMENDATION Staffrecommends approval of Ordinance 2010-0-05; an amendment to the Comprehensive Plan Future Land Use Map to include 2.15 acres of property located at 2798 S. Ridgewood Avenue as Commercial. ACTION REQUESTED: Motion to approve Ordinance 2010-0-05. FINANCIAL IMP ACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: Ifso, DATE: March 13,2010 YES X NO AGENDA ITEM # 8b Respect Concurrence: Darren Lear Development Servi es Director ~~~N~h Robin L. Matusick Paralegal o ,.. .E 1:: .: l .! S e III - Il. 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'< _.Cll o~ ~l:t ~ ORDINANCE NO. 2010-0-05 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 COMMERCIAL TO CITY COMMERCIAL FOR 2.15 ACRES OF PROPERTY LOCATED AT 2798 SOUTH RIDGEWOOD AVENUE, 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. Derek Oberschall of CSC Properties, Inc. has applied on behalf of Larry John Sefton, Cynthia E. Mock and Christopher D. Scott, owners for property located at 2798 South Ridgewood Avenue, Edgewater, Florida. Subject property contains approximately 2.15:!:: acres more or less. 2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the owners/applicant are requesting a Comprehensive Plan Amendment for the subject property. The requested Amendment would change the Future Land Use Map designation from County Commercial to City Commercial for the property described herein. 3. On January 13,2010, 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 6 to 0, recommended that the City Council approve the request. 1 Strike t1ueugh passages are deleted. Underlined passages are added. #2010-0-05 4. The Legal Department notified by mail the owners 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 and the public hearing scheduled for May 17,2010. 5. On March 15,2010, 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 May 17,2010, 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 Observer on Thursday, May 6, 2010. 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 amended and supplemented, said Article adopting the Comprehensive Plan ofthe 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). 2 Strike through passages are deleted. Underlined passages are added. #2010-0-05 PART B. 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 Comprehensive Plan, specifically Policy 1.8.2 of the Future Land Use Element states "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." PART C. AMENDMENT OF THE FUTURE LAND USE MAP. The Development Services Director 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 (2009), the Development Services 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 thereofin conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. 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. 3 Strike through passages are deleted. Underlined passages are added. #20 10-0-05 PART G. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. PART H. ADOPTION. After Motion to approve by Councilman Cooper with Second by Councilwoman Rogers, the vote on the first reading of this ordinance held on March 15, 2010, was as follows: AYE Mayor Mike Thomas X Councilwoman Debra J. Rogers X Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X After Motion to approve by NAY with Second by , the vote on the second reading/public hearing of this ordinance held on May 17, 2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 4 8tril,e through passages are deleted. Underlined passages are added. #2010-0-05 PASSED AND DULY ADOPTED this 17th day of May, 2010. ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims, Wolfe, Ansay, Kundid & Birch Strike threugh passages are deleted. Underlined passages are added. #2010-0-05 CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 17th day of May, 2010 under Agenda Item No. 8_, 5 EXHIBIT" A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. TRACT "A"- That portion of the North 231 feet of the South 462 feet of U.S. Government Lot 2, Section 1, Township 18 South, Range 34 East and that part of the North 231 feet of the South 462 feet of the Southeast ~ of the Southeast ~ of Section 2, Township 18 South, Range 34 East, V olusia County, Florida, lying Westerly of U.S. Highway No.1, Being more particularly described as follows: Begin at the Southeast corner of the North 231 feet of the South 462 feet of the Southeast ~ of the Southeast ~ of said Section 2; thence North 89013'28" East, along the South line of the North 231 feet of the South 462 feet of the aforesaid U.S. Government Lot 2, Section 1, Township 18 South, Range 34 East, a distance of 113.67 feet to the West Right-of-Way of U.S. Highway No.1 (State Road 5); thence North 16001 '53" West, along said West Right-of-Way, a distance of242.51 feet to the North line of the North 231 feet of the South 462 feet of said U.S. Government Lot2; thence South 89031' 18" West, along said North line, and the North line ofthe aforesaid North 231 feet of the South 462 feet of the Southeast ~ of the Southeast ~ of Section 2, a distance of 400.00 feet; thence departing said North line, South 15059'39" East, 243.05 feet to the South line of the North 231 feet of the South 462 feet of the Southeast ~ of the Southeast ~ of said Section 2; thence North 89031' 3 7" East, along said South line, a distance of 286.34 feet to the Point of Beginning. Containing 2.15 ::!:: acres more or less. 6 Strike through passages are deleted. Underlined passages are added. #20 I 0-0-05 I c.i I E ~. I ..: t' ~ ol~ e 'v .- a. I &:: 2~ l: .- ~ ~ ::; ~ 'l:l ~. 'ii' : w (j ~ g ~D EXHIBIT liB II ",--.;. ~~ ~, \~' d ...- s r-/ 11< ~~ ~,j/ \ ~~~~~~f~\\ ) _:X~'~~ \ '(" .5.\~ // ' \ y' \\.\ \'2\ Y....l -:::::. /' 7~\Y \~" ;l, / at. Ur " ~ ~ ~I~- II 1\ /clI@J&.lR ... ~"" ~ :::~..?'~ / _ '<I'~ ~ ,",;;0' 6? / 0 -' g:=' '- -" ~ t --'r:i ~ ""'" _~~~(/it .1 ~ r l'j~ ': ~ b 'J: ,./ ~r ~ .;-}'(\~U\\ \ \ ~(J ~f5: - "" ~ ",rtD". 'i ~ ~\ ~\ ~ ~ ~~i~~~ ~ rll-Il-~ ~ ~itj~----- :\ \ l~~)'~ O'~'''T'' ,,~,~jD- .~ ~ \\\i* ;:!/~6;! II ~~Ul ~~~-----1 ~\ ~ \ \ , c ~"J ~\~ - .---T\ ih r [\II L 1-; , 11_' \ / __--<;'~ ~ ---r--t ----4 ~ I.---J ,~I,. --- ( i~ /, ---;;;J ....,...... '~ '2 uJ -' l,l..1 -)'1 / /"'-~UJ.-/ ...-1J,,...J = ~ I.ooOi ~ I?\ ~r;:A\~~' :2 L--~ ____ ~ ...- - · 1\ ~ ,"\1 I \ t:J ~ ....' 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' . y\" t.,! - . ,J-L' ... /,- II ~~.~~I -"/,,...-,\\~/\:~~~~ ~.\' ~\1~ ;"'---'9 I'---~~--- ,__ .:1_ l--:\>)_~:.-.'-a~~~~~~~ >~_.JI'--' ),~ ~ rI'I' -- .;;.t-\, _'{:;'~'< ' \ "-~-," L.....J. . \ )- /'.1: I I _ 0 . - Q~,Jx.:-;,~<\ ,-\-~.~~)~ =b,--::?-;-'<" / - '. ~!I bJ I I , r- I L' ~ ,~~l~,:~ ~~~~~// // I! //--::::::::::::: Ie I IlL I I Uj .~-<;' \--/'~ ~~~-;--"'i-d I - ,/-~:.::.::---~.--::=:=:~ U :NW ' n' n',o ! --.".J /e:~~J-J;-:'3<"\ '. /;;";;;:{"'J ../--<:.:>-(/ ~/-~\ ><~ ;:::;:>: ': ~:." v_ 'f>'-, '_ , .!l r "'~:< I),i;;;'<\ .. .. ../--:::::.::::>'~~cF-\ \ .. ~,,:/' '. ;~\,6j<~?:/~:~,\;~~::~i~~~~p~:;~~~?~t~~;;;i: u. _~=-=~ __ .__:~--.~::~-.~J ~ AGENDA REQUEST c.A. #RZ-0902 Date: May 6, 2010 PUBLIC HEARING May 17,2010 ORDINANCE May 17,2010 RESOLUTION BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 2nd Reading Ordinance No. 2010-0-06 CSC Properties, Inc requesting an amendment to the Official Zoning Map to include 2.15:1: acres of land located at 2798 S. Ridgewood Avenue as B-3 - Highway Commercial BACKGROUND: OWNER: Cynthia Mock, Christopher Scott and Larry Sefton APPLICANT/AGENT: CSC Properties, Inc (contract purchaser) PROPOSED USE: 9,014:1: square foot retail store LOCATION: 2798 S Ridgewood Avenue AREA: 2.15 :l:acres CURRENT LAND USE: Single family residence FLUM DESIGNATION: Volusia County Commercial ZONING DISTRICT: Volusia County B-4 (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Desif!nation Zoninf! District North VacantlUndeveloped V olusia County Commercial Volusia County B-4 (General Commercial) East V acantIU ndeveloped City Commercial B-3 (Highway Commercial) South Single Family Low Density Residential and R-2 (Single Family Residential)/ Residential Commercial B-3 (Highway Commercial) West Vacant Volusia County Urban Low Volusia County R-3 (Urban Single- Intensity Family Residential) Background: The property is located west of U.S. Highway 1 and north of 28th Street. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 2.15:1: acre parcel. They are proposing a 9,014:1: SF retail store on this parcel and have submitted a site plan review application. Land Use Compatibility: The proposed Commercial Future Land Use is compatible with surrounding properties and is the most consistent to the current Volusia County Future Land Use Commercial designation. Adequate Public Facilities: This site has access to U.S. Highway 1 and city water and sewer services are available. Other Matters: The applicant is concurrently seeking annexation as well as an amendment to the Future Land Use Maps to include this 2.15:1: acre parcel. An environmental impact study and Site Plan Review must be completed and approved by City staff prior to development of this property. At their regular meeting held on January 13, 2010, the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council to amend the City of Edgewater Official Zoning Map to include 2.15:1: acres ofland located at 2798 S. Ridgewood Avenue as B-3 (Highway Commercial). At their regular meeting of March 15, 2010, City Council held a first reading and voted 5-0 to approve the amendment to the City of Edgewater Official Zoning Map. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2010-0-06; an amendment the City of Edgewater Official Zoning Map to include 2.15:1: acres of land located at 2798 S. Ridgewood Avenue as B-3 (Highway Commercial). ACTION REQUESTED: Motion to approve Ordinance 2010-0-06 FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: Ifso, DATE: March 13,2010 YES X NO AGENDA ITEM # 8c Respectfully submitted, Concurrence: C~~~Jor'cli:uY~JC-/ Robin L. 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",' !;II ~~; ~t, ~~ Ie ~;: '* ~ '! lQ ~;; e ! ~ ~ 10 lP! .., 12 ~~. .. z i~t ~ ~ 10 i- l 1~ { i!~ ~ ~ -~ J ._"""'~- ;c..\ ,~l 0) '-----;-1 -, CI I, m 811 ~ ~ II ~ :1 __ _..J J ~; I~ ,m 3~ [~ ~~ i~ ~\ I~ ~;; 1-0( ~~ .. ~ ~ o c VI m ~ lXI r m ORDINANCE NO. 2010-0-06 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B-4 (GENERAL COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR 2.1S:t ACRES OF PROPERTY LOCATED AT 2798 SOUTH RIDGEWOOD AVENUE, EDGEW A TER, 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. Derek Oberschall of CSC Properties, Inc. has applied on behalf of Larry John Sefton, Cynthia E. Mock and Christopher D. Scott, owners for property located at 2798 South Ridgewood Avenue, Edgewater, Florida. Subject property contains approximately 2.15:!: acres more or less. 2. The owners/applicant have submitted an application for a change in zomng classification from County B-4 (General Commercial) to City B-3 (Highway Commercial) for the property described herein. 3. On January 13, 2010, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 6 - 0, the Board recommended that City Council consider approval of the request. 4. On March 15, 2010, 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 March 4,2010. 5. On May 17, 2010, the City Council held a public hearing on the application after Strtlel( thftHigh passages are deleted. Underlined passages are added. 2010-0-06 1 publishing notice of such hearing in the Observer on May 6, 2010, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from County B-4 (General Commercial) to City B-3 (Highway Commercial). The following described real property all lying and being in the County of V olusia and State of Florida. TRACT "A"- Stftlek threllgh passages are deleted. Underlined passages are added. 2010-0-06 2 That portion of the North 231 feet of the South 462 feet of u.s. Government Lot 2, Section 1, Township 18 South, Range 34 East and that part of the North 231 feet of the South 462 feet of the Southeast 'i4 of the Southeast 'i4 of Section 2, Township 18 South, Range 34 East, Volusia County, Florida, lying Westerly of U.S. Highway No.1, Being more particularly described as follows: Begin at the Southeast comer of the North 231 feet of the South 462 feet of the Southeast 'i4 of the Southeast 'i4 of said Section 2; thence North 89013 '28" East, along the South line of the North 231 feet of the South 462 feet of the aforesaid u.S. Government Lot 2, Section 1, Township 18 South, Range 34 East, a distance of 113.67 feet to the West Right-of-Way of U.S. Highway No.1 (State Road 5); thence North 16001 '53" West, along said West Right-of-Way, a distance of 242.51 feet to the North line of the North 231 feet of the South 462 feet of said u.S. Government Lot2; thence South 89031' 18" West, along said North line, and the North line of the aforesaid North 231 feet of the South 462 feet of the Southeast 'i4 of the Southeast 'i4 of Section 2, a distance of 400.00 feet; thence departing said North line, South 15059'39" East, 243.05 feet to the South line of the North 231 feet of the South 462 feet of the Southeast 'i4 of the Southeast 'i4 of said Section 2; thence North 89031 '37" East, along said South line, a distance of 286.34 feet to the Point of Beginning. Containing 2.15 :!:: acres more or less. Map of subject property is reflected on Exhibit "An and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If 8truek thr6ugh passages are deleted. Underlined passages are added. 2010-0-06 3 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 to approve by Councilwoman Bennington with Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on March 15, 2010, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers X Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X Stmek thrslIgh passages are deleted. Underlined passages are added. 2010-0-06 4 After Motion to approve by with Second by the vote on the second reading/public hearing of this ordinance held on May 17, 2010, was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper AYE NAY PASSED AND DULY ADOPTED this 17th day of May, 2010. ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims, Wolfe, Ansay, Kundid & Birch StnJe)c t1mHtgk passages are deleted. Underlined passages are added. 2010-0-06 5 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 17th day of May, 2010 under Agenda Item No. 8_. -- J ~ E .: 8. Ql '" 0 ~ ~ a: ~ z~ E ... Ql :J ~ ~ .~ 'li' ~ :l 0 cJl ~ <:0 Cl ~ -.~ EXHIBIT IIAI --..-// /! )/ / ,/ ------------ ------------ -------- ------------ ---- ----- ...--------~ ------- AGENDA REQUEST C.A. #AN-IOOI Date: April 28, 20 I 0 PUBLIC HEARING May 17, 20 I 0 RESOLUTION ORDINANCE May 17,2010 BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 151 Reading Ordinance No. 20 10-0-10 Indian River Self Storage, LLC requesting annexation of 9.13::1: acres of property located at 3515 U.S. Highway 1. OWNER: Indian River Self Storage, LLC APPLICANT/AGENT: Howard Hewitt REQUESTED ACTION: Annexation PROPOSED USE: expansion of an existing mini-warehouse facility LOCATION: 3515 U.S. Highway I AREA: 9.13::1: acres CURRENT LAND USE: mini-warehouse FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County BPUDW (Business Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Currellt Lalld Use FLUM DesiJ(llatioll ZOllillf! District North V acant/U ndeveloped/Single V olusia County Volusia County BPUD and R- Family Residential Commercial and Urban 3W (Urban Single-Family Low Intensity Residential) East Single Family Residential Volusia County Urban Volusia County R-3W (Urban Low Intensity Single-Family Residential) South Vacant/Undeveloped Commercial with B-3 - Highway Commercial and Conservation Overlay and R-I - Single Family Residential Low Density Residential with Conservation Overlay West Single Family Residential V olusia County Urban Volusia County A-3 Low Intensity (Transitional Agriculture) Background: The property is located west of U.S. Highway I and south of Packwood Rd. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 9.13:1: acre parcel. They are proposing a 38,000:1: SF expansion of the existing mini-warehouse facility as well as an additional R V parking area. Land Use Compatibility: The proposed Commercial Future Land Use is compatible with the majority of commercial uses along US Highway 1. Adequate Public Facilities: This site has access to U.S. Highway 1. City water and sewer services are available. Other Matters: The applicant is concurrently seeking an amendment to the Future Land Use and Zoning Maps to include this 9.13:1: acre parcel. A separate Site Plan Review must be approved by the Technical Review Committee prior to any development of this property. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2010-0-10, annexation of 9.13:1: acres of property located at 3515 U.S. Highway 1. ACTION REQUESTED: Motion to approve Ordinance 2010-0-10. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: If so, DATE: YES NO X - AGENDA ITEM # Concurrence: Darr Lear Development Services Director Robin L. Matusick Paralegal z+ e 8- 0 ~ t- o... .~ U cu Cl) :I: :B ::l rfl 0 t '- -~--- / ..------ ..;;..~~ ../'"--:;..........-::;~/ /-~~~---- ./" .....r;::_ - - 0~/ /*~// - ./:"---: /;;::.;;::::.:;/- ~ -<.- -/ '- "'- '"" ---- ---- /- .._-_._----~----_.. ORDINANCE NO. 2010-0-10 AN ORDINANCE ANNEXING 9.13 ACRES OF CERT AIN REAL PROPERTY LOCATED AT 3515 U. S. HIGHWAY NO.1, VOLUSIA 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 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. Howard Hewitt of Indian River-Self Storage, LLC has applied as owner for annexation of property located at 3515 U.S. Highway No.1, within Volusia County, Florida. Subject property contains approximately 9.13 :!: 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 12, 2010, the Board recommended by a vote of _ to _ that the property be annexed into the City of Edgewater. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: Strike t1mHlgh passages are deleted. Underlined passages are added. #2010-0-10 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 of the Charter of the City of Edgewater, 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 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. 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 2 Strike through passages are deleted. Underlined passages are added. #2010-0-10 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 to approve by with Second by " the vote on the first reading hearing of this ordinance held on May 17,2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 3 Strike threubh passages are deleted. Underlined passages are added. #2010-0-10 After Motion to approve by with Second by " the vote on the second reading/public hearing of this ordinance held on July 19, 2010, was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper PASSED AND DULY ADOPTED this ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims, Wolfe, Ansay, Kundid & Birch Strike thrfll:lgh passages are deleted. Underlined passages are added. #2010-0-10 AYE NAY day of ,2010. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of July, 2010 under Agenda Item No. 8_. 4 EXHIBIT II A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. A portion of the South 300 feet of the North 960 feet, East of U.S. Highway No. I, of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East, Volusia County, Florida, being more particularly described as follows: Commence at an intersection of the Easterly right-of-way of U.S. Highway No. 1 with the Northerly line of the Jane Murray Grant aforesaid; thence S 22050'41" E 660.35 feet along said Easterly right-of-way to the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid and the Point of Beginning; thence N 69000'00" E along said North line for a distance of 1452.81 feet; thence departing said North line S 22050'41" E, 300.02 feet to the South line of the South 300 feet of the North 960 feet East of U.S. Highway No.1, of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East; thence S 69000'08" W 1452.81 feet to the Easterly right-of-way of U.S. Highway No.1; thence N 22050'41" W 299.96 feet to the Point of Beginning. EXCEPTING THEREFROM the lands conveyed by the Deed in O.R. Book 4664, Page 4694, of the Public Records of Vol usia County, Florida. Subject to and together with a perpetual non-exclusive easement for ingress and egress over the following described property situate in Volusia County, Florida. A 25 feet wide easement for ingress and egress in the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East, Volusia County, Florida: Commence at an intersection of the Easterly right-of-way of U. S. Highway No.1 with the Northerly line of the Jane Murray Grant aforesaid; thence S 22050'41" E 660.35 feet along said Easterly right-of-way to the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence N 69000'00" E along said North line for a distance of 811.80 feet to a point on a curve, concave Northeasterly, having a radius of319.85 feet, a central angle of 10008'43", radial line bearing N 06042'49" E, and the Point of Beginning; thence Southeasterly along said curve 56.64 feet to the Point of Tangency; thence N 86034'03" E, 248.36 feet to the Point of Curvature of a curve concave Northerly, having a radius of 233.97 feet, a central angle of 57006'36", a radial line bearing N 03025'53" W; thence Easterly along said curve 233.22 to a Point of Reverse Curvature ofa curve concave Southeasterly, having a radius of 269.82 feet, a central angle of 25052'16", radial line bearing S 60032'38 E; thence Northerly along said curve 121.83 feet to an intersection with the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence S 69000'00" W, 71.07 feet along said North line to a point on a curve concave Southeasterly, having a radius of294.82 feet, a central angle of 12019'30", a radial line bearing S 5 Strike through passages are deleted. Underlined passages are added. #2010-0-10 48013'08" E; thence Southwesterly along said curve 63.42 feet to a Point of Reverse Curvature of a curve concave Northerly, having a radius of 208.97 feet, a central angle of 57006'45", a radial line bearing N 60032'38" W; thence Westerly along said curve 208.30 feet to a Point of Tangency; thence S 86033'35" W, 241.51 feet to an intersection with the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence S 69000'00" W, 66.27 feet along said North line to the Point of Beginning. Containing 9.13 ::t acres more or less. 6 Strike through passages are deleted. Underlined passages are added. #2010-0-10 z+ e ~ t:: Cl.. .~ U Q) (lJ :r: :E' ::l rfl EXHIBIT UBn o t ~ .-.- ,.-'-", . . / /~~~;:;-?3;:::-/' //~ ../ ,-~...--- ;:;:~3'-;c?#/ ---~ -----.:;'".:::-_-~---_....~---_._..._-""""-_.- AGENDA REQUEST C.A. #CPA-1001 Date: May 5, 2010 PUBLIC HEARING May 17,2010 RESOLUTION ORDINANCE May 17,2010 BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1st Reading Ordinance No. 2010-0-11 Indian River Self Storage, LLC requesting an amendment to the Comprehensive Plan Future Land Use Map to include 9.13:f:: acres of property located at 3515 U.S. Highway 1 as Commercial with Conservation Overlay BACKGROUND: OWNER: Indian River Self Storage, LLC APPLICANT/AGENT: Howard Hewitt REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Commercial with Conservation Overlay. PROPOSED USE: expansion of an existing mini-warehouse facility LOCATION: 3515 U.S. Highway 1 AREA: 9.13:f:: acres CURRENT LAND USE: mini-warehouse FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County BPUDW (Business Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation ZoninI! District North Vacant/Undeveloped/Si V olusia County Commercial Volusia County BPUD and R- ngle Family Residential and Urban Low Intensity 3W (Urban Single-Family Residential) East Single Family V olusia County Urban Low Volusia County R-3W (Urban Residential Intensity Single- Family Residential) South VacantlUndeveloped Commercial with B-3 - Highway Commercial and Conservation Overlay and R-l - Single Family Residential Low Density Residential with Conservation Overlay West Single Family Volusia County Urban Low Volusia County A-3 Residential Intensity (Transitional Agriculture) Background: The property is located west of U.S. Highway 1 and south of Packwood Rd. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 9.13:1: acre parcel. They are proposing a 38,000:1: SF expansion of the existing mini- warehouse facility as well as an additional RV parking area. Land Use Compatibility: The proposed Commercial Future Land Use is compatible with the majority of commercial uses along US Highway 1. Adequate Public Facilities: This site has access to U.S. Highway 1. City water and sewer services are available. Comprehensive Plan Consistency V olusia Countv - Urban Low Intensitv (ULI) Areas for low density residential dwelling units with a range of two-tenths (0.2) to four (4) dwelling units per acre. In reviewing rezoning requests, the specific density will depend on locational factors, particularly compatibility with adjacent uses and availability of public facilities. This residential designation is generally characterized by single family type housing, e.g., single family detached and attached, cluster and zero lot line. This designation will allow existing agricultural zoning and uses to continue. The ULI designation is primarily a residential designation but may also allow neighborhood convenience uses (see Shopping Center definition in Chapter 20) and individual office buildings as transitional uses that meet the Comprehensive Plan's location criteria. The commercial intensity shall be limited to no more than a fifty percent Floor Area Ratio (0.50 FAR) and in a manner to be compatible with the allowable residential density. In order to be considered compatible, the commercial development should be oriented to serve adjacent neighborhoods, reflect comparable traffic generation, similar traffic patterns, building scale, landscaping and open space and buffers. Due to the nature of some of the commercial uses, additional landscaping and visual screening shall be provided through the BPUD process when adjacent to low density residential in order to preserve the character of the neighborhood. More intensive neighborhood commercial use shall be reserved to areas designated for Commercial. All requests for nonresidential uses within one-quarter (Yt) mile of another jurisdiction shall require notification to that jurisdiction. Citv of Edllewater - 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 (F AR) of 0.30. Tourist commercial areas can build up to a maximum 0.50 FAR. The majority of commercial development within the City of Edgewater 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. Citv of Edl.!ewater - Conservation Overlav The Conservation Overlay area shown on the Future Land Use Map (FLUM) is intended to protect areas that may potentially contain protected wildlife habitat areas, hydric soils/wetlands, mangrove swamps, estuarine marsh ecotone, freshwater marshes, special vegetative communities. Included within the Conservation Overlay definition are areas within a public water well radius of 500 feet, within the lOa-year floodplain, and other areas subject to environmental or topographic constraints. The area designated as Conservation Overlay on the FLUM is not intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine whether development should be permitted or if some form of mitigation may be necessary. If the areas are determined not to be sensitive, than the underlying land use development density and/or intensity will be applicable. Other Matters: The applicant is concurrently seeking annexation as well as an amendment to the Zoning Map to include this 9.13 ::!: acre parcel. An environmental impact study and Site Plan Review must be completed and approved by City staff prior to development of this property. If approved at first reading the proposed amendment will be transmitted to the V olusia Growth Management Commission and other appropriate agencies for review. ST AFF RECOMMENDATION Staff recommends approval of Ordinance 2010-0-11; an amendment to the Comprehensive Plan Future Land Use Map to include 9.13::!: acres of property located at 3515 U.S. Highway 1 as Commercial with Conservation Overlay. ACTION REQUESTED: Motion to approve Ordinance 2010-0-11. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: If so, DATE: YES AGENDA ITEM # NO X Concurrence: ~~~ Robin L. Matusick Parale al ,;/ L ,+ ~ e 8- e t:: 0- .~ ~ :c :g en D ~ o ~ ~ ~ ~ o ./ c........ --A--:::::O)(YY)( ~ ~ ~<X?~})0y~~ ~,., vty)~~ '" ?<x 'XxYx'9< x~ >(>f'~;;<;:V,~ ~ ?'>( ~ '~"><,,v~~ ~./' x> ~. x YJ/ ~ x x ~x0< XxX:XX x)<'1II \ ~\\~, \' ~ .. "'/ >f Y , v V ~.J< x 'X X "'. S~ -I _ ~ ~ . VVV'x xxxxxxV:><~~ .1 ~ ..........-:::: 'X.yV . ~ xxxx.xv XX X0N..~ ./ XXxX-xV 0.,;x##XXy~ \ ~ '\ .z-h~X.X)</t'~ ~ \ x x X )< X)( X'>< )( ,;1 x..,><)<)(x >< ~ ~ Y/':,~ - ~ ~ ~ ~ x.,:/'>t '0N ~ 11II'\ IDS x . n x xX .. ~.-. ....~~..JI ;,-- ~,..-;!, '."' ". .,.:1,'. ~:" -=--1- Ih . ~ -:-:' ~ I~' t;; ,,^ ,~ ~:.: ' \~ ..1\, \~l\\\~:' .-\\\" :;, )..\, ).. ri. :IT \ I Ii. IjTLLl}( ~ \%\\ :J .-I'CH 11 J.y;-~_ ~ -t '!'~ \'; 1\'r x:t 0 ~ t\1A\ n"'-' ~~ - ~ \ \ \10<<'\'<' \\\, X )( '" ~ , .-A'C'i\ \'\ 1\''''' '\\'1 X X~ ~\' , nu \~~XX'X~~ ), "il:. ~V\\ 'l ~ ~~ I~l \(( \\\"" ;;,lli!1 r~I~V , -'" \1 X X )< \; Y lQ?<J< (~~~ ~,~ ~ ~r l\Y\\\dO\~~ " ~ ~' \\~~ '\'== K .x '..x ~~~" ~ ~~\. ~ ~ 1 ~ ~ '--l \ ~ G'! ~ ~ ~. \\\ ~\ ~\ ~ ~ "'" \.:\~ u~..> ~\?- t:: W~ ,,~. O~l') ~. ~ ~ ~~~ ( ''- ~.. o ~ " ~., 'I en s:: I s:.. ~~) ~' ~ ~ ~ ~ \. 'V' ~ ~.~~ .. 0101101 "I""s"mo> C:Oc.O:;:'OCQ g;~5i;;!S.3::!' Q3'=;-!!.a3g en - _..., :;:, lD - lD"'llloc;3~- 3 III -;:OlD !:!.5; ;-.~ m:;:,~lD "c: olii c:" c:- !2:i ..en _. :;:, n '< n lD l/l - lD 3 l/l o o .. .. a: o .. DOl c:c:;:o a-a-c: III III iil :;:,:;:, - 3:1"" ~~ c' - 3 a _lD :;:, :;:, _l/l CD -. :;:,~ l/l ~ "tJ a ~ o en CD c. ." c 2'< a2. o 15i ~ ~ iii' 3c c. 0 CO s: en C CD ::J 3:~ E>> ~ ~ .+. ~.'1 ~ 3:::1:"0;:0> lD-'C:OlDCQ c.cg.a-:;:,n.. c' =l/l Cil n' 3~Q~a=. :;:,en<_.- CC/lCDIllOC: CD -.3 eo:;:, Cil ~~;-'g -. ;:0 " ." ~l}!s. eO $' c: 5" - -. ~a ~ 5; ~ lD _. CD 0 :;:,~ 100ft [ Q E>> m ~~ ::J C. r c.cc 3' C CD b>05";!:1""1"" ii en ~ :;:, ~ c.)C' ~ ~ CD _ ~3~~CC 3:~ <lD::!.C:lDlD E>> Illc:l~l/l:;:':;:' ~ eo iii' lD!!!.!!!. g - ~~ o -t:;o <: iill}! lD :;:, -. ~ ~g. '< o';a, :;:,~ .+. ORDINANCE NO. 2010-0-11 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 LOW INTENSITY TO CITY COMMERCIAL WITH CONSERVATION OVERLAY FOR 9.13 ACRES OF PROPERTY LOCATED AT 3515 U. S. HIGHWAY NO.1, 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 VOL USIA 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. Howard Hewitt of Indian River-Self Storage, LLC has applied as owner for an Amendment to the Comprehensive Plan Future Land Use Map for property located at 3515 U. S. Highway No.1, within V olusia County, Florida. Subject property contains approximately 9.13 :!: acres more or less. 2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the owner/applicant is requesting a Comprehensive Plan Amendment for the subject property. The requested Amendment would change the Future Land Use Map designation from County Urban Low Intensity to City Commercial with Conservation Overlay for the property described herein. 3. On May 12, 2010, 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 1 Stril,e throl1gh passages are deleted. Underlined passages are added. #2010-0-11 of _ to _, recommended that the City Council approve the request. 4. In a letter dated June 18,2010, the Legal Department notified by mail the owners 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 and the public hearing scheduled for May 17, 2010. 5. On May 17, 2010, the City Council considered on first reading the proposed change in the Future Land Use Map designation with the advertisement on May 6,2010. 6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on July 19,2010, 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 Observer on Thursday, July 8, 2010. 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 amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edgewater, Florida regulating and restricting the use of lands located within the City of Edgewater, 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 with Conservation Overlay 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). 2 Strike throl:lgh passages are deleted. Underlined passages are added. #2010-0-11 PART B. 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 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 utilities. PART C. AMENDMENT OF THE FUTURE LAND USE MAP. The Development Services Director 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 (2009), the Development Services 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. PART F. 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. 3 Strike through passages are deleted. Underlined passages are added. #2010-0-11 PARTG. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. PART H. ADOPTION. After Motion to approve by with Second by , the vote on the first reading of this ordinance held on May 17, 20 I 0, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on July 19,2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 4 Strike threugh passages are deleted. Underlined passages are added. #2010-0-11 PASSED AND DULY ADOPTED this 19th day of July, 2010. ATTEST: FLORIDA Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch Strike through passages are deleted. Underlined passages are added. #2010-0-11 CITY COUNCIL OF THE CITY OF EDGEWATER, By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of July, 2010 under Agenda Item No. 8_. 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 portion of the South 300 feet of the North 960 feet, East of U.S. Highway No.1, of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East, Volusia County, Florida, being more particularly described as follows: Commence at an intersection of the Easterly right-of-way of U.S. Highway No. 1 with the Northerly line of the Jane Murray Grant aforesaid; thence S 22050'41" E 660.35 feet along said Easterly right-of-way to the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid and the Point of Beginning; thence N 69000'00" E along said North line for a distance of 1452.81 feet; thence departing said North line S 22050'41" E, 300.02 feet to the South line of the South 300 feet of the North 960 feet East of U.S. Highway No.1, of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East; thence S 69000'08" W 1452.81 feet to the Easterly right-of-way of U.S. Highway No.1; thence N 22050'41" W 299.96 feet to the Point of Beginning. EXCEPTING THEREFROM the lands conveyed by the Deed in O.R. Book 4664, Page 4694, of the Public Records of Vol usia County, Florida. Subject to and together with a perpetual non-exclusive easement for ingress and egress over the following described property situate in Volusia County, Florida. A 25 feet wide easement for ingress and egress in the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East, Volusia County, Florida: Commence at an intersection of the Easterly right-of-way of U. S. Highway No. 1 with the Northerly line of the Jane Murray Grant aforesaid; thence S 22050'41" E 660.35 feet along said Easterly right-of-way to the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence N 69000'00" E along said North line for a distance of 811.80 feet to a point on a curve, concave Northeasterly, having a radius of 319.85 feet, a central angle of 10008'43", radial line bearing N 06042'49" E, and the Point of Beginning; thence Southeasterly along said curve 56.64 feet to the Point of Tangency; thence N 86034'03" E, 248.36 feet to the Point of Curvature of a curve concave Northerly, having a radius of 233.97 feet, a central angle of 57006'36", a radial line bearing N 03025'53" W; thence Easterly along said curve 233.22 to a Point of Reverse Curvature of a curve concave Southeasterly, having a radius of 269.82 feet, a central angle of 25052' 16", radial line bearing S 60032'38 E; thence Northerly along said curve 121.83 feet to an intersection with the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence S 69000'00" W, 71.07 feet along said North line to a point on a curve concave Southeasterly, having a radius of294.82 feet, a central angle of 12019'30", a radial line bearing S 6 Stril(e through passages are deleted. Underlined passages are added. #2010-0-11 48013'08" E; thence Southwesterly along said curve 63.42 feet to a Point of Reverse Curvature of a curve concave Northerly, having a radius of 208.97 feet, a central angle of 57006'45", a radial line bearing N 60032'38" W; thence Westerly along said curve 208.30 feet to a Point of Tangency; thence S 86033'35" W, 241.51 feet to an intersection with the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence S 69000'00" W, 66.27 feet along said North line to the Point of Beginning. Containing 9.13 ::!: acres more or less. 7 Strike threl:lgh passages are deleted. Underlined passages are added. #2010-0-11 ,+ EXHIBIT usa € 8- o j~ ct .~ tJ Q.) Cl) :r: :E ::I Cf) o ~ - ~~~--- ~_---t::-- '- o -- \ \ \. ./~';;:; ///;;~_. --.~ _./.-_;::3~I~' /- ;;.;j::> . =-::.::;;:-;::::-/ ..--;;::::-=------...-.------.- AGENDA REQUEST C.A. #RZ-l 00 1 Date: May 5, 2010 PUBLIC HEARING Mav 17,2010 ORDINANCE May 17,2010 RESOLUTION BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 15t Reading Ordinance No. 2010-0-12 Indian River Self Storage, LLC requesting an amendment to the Official Zoning Map to include 9.13:1: acres of land located at U.S. Highway 1 as B-3 - Highway Commercial BACKGROUND: OWNER: Indian River Self Storage, LLC APPLICANT/AGENT: Howard Hewitt REQUESTED ACTION: Rezone property from Volusia County BPUDW (Business Planned Unit Development) to City of Edgewater B-3 (Highway Commercial). PROPOSED USE: expansion of an existing mini-warehouse facility LOCATION: 3515 U.S. Highway 1 AREA: 9.13:1: acres' CURRENT LAND USE: mini-warehouse FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County BPUDW (Business Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM DesiJ!Ilation Zoninj! District North Vacant/Undeveloped/Single V olusia County Volusia County BPUD and R- Family Residential Commercial and Urban 3W (Urban Single-Family Low Intensity Residential) East Single Family Residential V olusia County Urban Volusia County R-3W (Urban Low Intensity Single-Family Residential) South Vacant/Undeveloped Commercial with B-3 - Highway Commercial and Conservation Overlay and R-l - Single Family Residential Low Density Residential with Conservation Overlay West Single Family Residential V olusia County Urban Volusia County A-3 Low Intensity (Transitional Agriculture) Background: The property is located west of U.S. Highway 1 and south of Packwood Rd. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 9.13:l:: acre parcel. They are proposing a 38,000:l:: SF expansion of the existing mini-warehouse facility as well as an additional RV parking area. Land Use Compatibility: The proposed Commercial Future Land Use is compatible with the majority of commercial uses along US Highway 1. Adequate Public Facilities: This site has access to U.S. Highway 1. City water and sewer services are available. Other Matters: The applicant is concurrently seeking annexation as well as an amendment to the Future Land Use Map to include this 9.13 :l:: acre parcel. An environmental impact study and Site Plan Review must be completed and approved by City staff prior to development of this property. Additionally, site plan review of a building area that exceed 25,000 square feet requires City Council approval. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2010-0-12; an amendment the City of Edgewater Official Zoning Map to include 9.13:l:: acres of land located at 3515 U.S. Highway 1 as B-3 (Highway Commercial). ACTION REQUESTED: Motion to approve Ordinance 2010-0-10 FINANCIAL IMP ACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: If so, DATE: YES NO X - AGENDA ITEM # Respect Concurrence: Darren ar Development Services Director ~~--<-J Robin L. Matusick ~gal Tra: . Barlow Ci Manager z+ e B- o ~ ... "_ 0- ~ U CI) <1J :r: :C' ;j C/) D ~ v--- o 11 s: 0" ~ " o "" :5 'r. or. - % -;: ~ ~"~~ ;{1 ~ _ "So! ",- r X E fi '" "f ~ 1 i ~,~] ~,l~ ~"i ~ "<n,!: ~ ~ G:::i p ~ g ~ :I: t- :.::l :I::::i 8~' 0 :J ;i;l ~;5 , '.~' c: :;j U llii ~ ~ ~ ~ ~ ~~ '-' b.O ~ :::: . .- ~ c: '-' 0 b'N U f;l u " E c.~ ..9..9 ~ :; u v 00 :~ :5:5 ~ ]~~c::-~~ 1!!1!111111 <~~~~;t0:i~iJ: lDfttirnii "to .J~ ~ ~ 7 c:::> ~ ORDINANCE NO. 2010-0-12 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY BPUD (BUSINESS PLANNED UNIT DEVELOPMENT) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR 9.13:!: ACRES OF PROPERTY LOCATED AT 3515 U. S. HIGHWAY NO.1, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Howard Hewitt of Indian River-Self Storage, LLC has applied as owner for change in zoning of property located at 3515 U. S. Highway No.1, within Volusia County, Florida. Subject property contains approximately 9.13 i: acres. 2. The owner/applicant has submitted an application for a change in zonmg classification from County BPUD (Business Planned Unit Development) to City B-3 (Highway Commercial) for the property described herein. 3. On May 12, 2010, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of _ - _, the Board recommended that City Council consider approval of the request. 4. On May 17,2010, 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 May 6,2010. 5. On July 19,2010, the City Council held a public hearing on the application after Strike throHgh passages are deleted. Underlined passages are added. #2010-0-12 publishing notice of such hearing in the Observer on July 8, 2010, and notifying by mail on June 18, 2010 all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from County BPUD (Business Planned Unit Development) to City B-3 (Highway Commercial). The following described real property all lying and being in the County of V olusia and State of Florida. A portion of the South 300 feet of the North 960 feet, East of U.S. Highway No. 2 Strike through passages are deleted. Underlined passages are added. #2010-0-12 1, of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East, Volusia County, Florida, being more particularly described as follows: Commence at an intersection of the Easterly right-of-way of U.S. Highway No.1 with the Northerly line of the Jane Murray Grant aforesaid; thence S 22050'41" E 660.35 feet along said Easterly right-of-way to the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid and the Point of Beginning; thence N 69000'00" E along said North line for a distance of 1452.81 feet; thence departing said North line S 22050'41" E, 300.02 feet to the South line of the South 300 feet of the North 960 feet East of U.S. Highway No.1, of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East; thence S 69000'08" W 1452.81 feet to the Easterly right-of-way of U.S. Highway No.1; thence N 22050'41" W 299.96 feet to the Point of Beginning. EXCEPTING THEREFROM the lands conveyed by the Deed in O.R. Book 4664, Page 4694, of the Public Records of Vol usia County, Florida. Subject to and together with a perpetual non-exclusive easement for ingress and egress over the following described property situate in Volusia County, Florida. A 25 feet wide easement for ingress and egress in the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East, Volusia County, Florida: Commence at an intersection of the Easterly right-of-way ofU. S. Highway No.1 with the Northerly line of the Jane Murray Grant aforesaid; thence S 22050' 41" E 660.35 feet along said Easterly right-of-way to the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence N 69000'00" E along said North line for a distance of 811.80 feet to a point on a curve, concave Northeasterly, having a radius of 319.85 feet, a central angle of 10008'43", radial line bearing N 06042'49" E, and the Point of Beginning; thence Southeasterly along said curve 56.64 feet to the Point of Tangency; thence N 86034'03" E, 248.36 feet to the Point of Curvature of a curve concave Northerly, having a radius of 233.97 feet, a central angle of 57006'36", a radial line bearing N 03025'53" W; thence Easterly along said curve 233.22 to a Point of Reverse Curvature of a curve concave Southeasterly, having a radius of 269.82 feet, a central angle of 25052' 16", radial line bearing S 60032'38 E; thence Northerly along said curve 121.83 feet to an intersection with the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence S 69000'00" W, 71.07 feet along said North line to a point on a curve concave Southeasterly, having a radius of 294.82 feet, a central angle of 12019'30", a radial line bearing S 48013'08" E; thence Southwesterly along said curve 63.42 feet to a Point of Reverse Curvature of a curve concave Northerly, having a radius of 208.97 feet, a central angle of 57006'45", a radial line bearing N 60032'38" W; thence Westerly along said curve 208.30 feet to a Point of Tangency; thence S 86033'35" W, 241.51 feet to an intersection with the North line of the South 300 3 Strike throl:lgh passages are deleted. Underlined passages are added. #2010-0-12 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence S 69000'00" W, 66.27 feet along said North line to the Point of Beginning. Containing 9.13 :!: acres more or less. Map of subject property is reflected on Exhibit" A" and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 4 Strike through passages are deleted. Underlined passages are added. #2010-0-12 PART G. ADOPTION. After Motion to approve by with Second by the vote on the first reading of this ordinance held on May 17, 2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper After Motion to approve by with Second by the vote on the second reading/public hearing of this ordinance held on July 19, 2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper PASSED AND DULY ADOPTED this day of , 2010. 5 Strike through passages are deleted. Underlined passages are added. #2010-0-12 ATTEST: Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch Strike through passages are deleted. Underlined passages are added. #2010-0-12 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 19th day of July, 2010 under Agenda Item No. 8_. 6 z+ EXHIBIT "A II € 8- o t 0:: .~ tJ <lJ Q) ::r: :go rFJ D ~ D ~ -;::::.---- -;::::.---- ~~ ~ --------- AGENDA REQUEST EDB-APT-MB/CB Date: May 5, 2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT May 17,2010 CONSENT OTHER BUSINESS ITEM DESCRIPTION: Request for appointments to the Economic Development Board to fill two (2) expiring terms. BACKGROUND: Ms. Marcia Barnett whose term is expiring on May 21, 20 I 0, is seeking reappointment. Mr. Chris Balmer whose term is expiring on May 10, 20 I 0, is seeking reappointment. STAFF RECOMMENDATION: The Economic Development Board recommendation IS that Ms. Barnett and Mr. Balmer be reappointed for additional 3-year terms on the Board. ACTION REQUESTED: Motion to reappoint Ms. Marcia Barnett and Mr. Chris Balmer for 3-year terms on the Economic Development Board. FINANCIAL IMPACT: (Finance Director) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NOX If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: (jsfYD ~ (~__'L _Y , '. ~~A T):..lLL.~C'_0 Robin L. Matusick Paralegal Patricia Drosten Economic Development Board Coordinator P Drosten From: Sent: To: Cc: Subject: THE BARNETT GROUP, INC. [barnetts4u@aol.com] Wednesday, May 05,201012:58 PM P Drosten barnetts4u@aol.com Re: EDB terms Ms. Drosten, Please use this email as my official request to stay on the Edgewater Economic Development Board. While I know my term is nearly expired, I hope I can remain on the Board for another term. Thanks, 'Pl~ t. 1l>~ MARCIA BARNE'IT THE BARNE'IT GROUP, INC. 3301 S. RIDGEWOODAVE. EDGEWATER, FL32141 386-426-7234 PHONE 386-426-7966 FAX 386-689-4592 CELL \\'Ww. barnettl!roupinc.com "the last real estate company you will ever need!" -----Original Message----- From: P Drosten <pdrosten@CITYOFEDGEWATER.ORG> To: CLBalmer@gmail.com <CLBalmer@gmail.com>; MARCIA BARNETT(BARNETTS4U@AOL.COM) <BARNETTS4U@AOL.COM> Sent: Wed, May 5,201011:44 am Subject: EDB terms Chris and Marcia, Would you each send me an email stating that you wish to remain on the EDB for another term. Thanks! 'Pat 7)'W4teH Planning Technician 386.424.2400x1504 Fax: 386.424.2439 Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 1 P Drosten From: Sent: To: Subject: Mayor and Council, Christopher Balmer [clbalmer@gmail.com] Wednesday, May 05,20103:16 PM P Drosten Edgewater Economic Development Board Term I will like to be considered to serve an additional term on the Edgewater Economic Development Board. Thanks, Christopher L. Balmer CLBalmer@gmail.com 386.314.1591 1 AGENDA REQUEST c.A. #SP-I004 Date: May 6. 2010 PUBLIC HEARING Mav 17.2010 RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: Indian River Self Storage, LLC requesting conceptual site plan approval for a 38,000:1: SF expansion of the existing mini-warehouse facility as well as an additional RV parking area located at 3515 E.S. Highway 1. BACKGROUND: OWNER: Indian River Self Storage, LLC APPLICANT/AGENT: Howard Hewitt REQUESTED ACTION: PROPOSED USE: expansion of an existing mini-warehouse facility LOCATION: 3515 U.S. Highway 1 AREA: 9.13:!: acres CURRENT LAND USE: mini-warehouse FLUM DESIGNATION: Volusia County Commercial and Urban Low Intensity ZONING DISTRICT: Volusia County BPUDW (Business Planned Unit Development) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM DesiJmation Zoning District North Vacant/Undeveloped Volusia County Commercial Volusia County BPUD and R-3W and Urban Low Intensity (Urban Single-Family Residential) East V acant/U ndeveloped V olusia County Urban Low Volusia County R-3W (Urban Intensitv Single-Family Residential) South Vacant/Undeveloped Commercial with B-3 - Highway Commercial and Conservation Overlay and R-l - Single Family Residential Low Density Residential with Conservation Overlay West Single Family Volusia County Urban Low Volusia County A-3 ( Transitional Residential Intensity Agriculture) Background: The property is located west of U. S. Highway 1 and south of Packwood Rd. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 9.13:1:: acre parcel. They are proposing a 38,000:1:: SF expansion of the existing mini-warehouse facility as well as an additional R V parking area. Land Use Compatibility: The proposed Commercial Future Land Use is compatible with the majority of commercial uses along US Highway 1. Adequate Public Facilities: This site has access to U.S. Highway 1. City water and sewer services are available. Other Matters: The applicant is concurrently seeking annexation as well as an amendment to the Future Land Use Map and the Official Zoning Map to include this 9.13 :I:: acre parcel. An environmental impact study and Site Plan Review must be completed and approved by City staff prior to development of this property. STAFF RECOMMENDATION: Staff recommends site plan approval for a commercial development (expansion of an existing mini- warehouse facility with additional RV parking area) with a building footprint of approximately 38,000 square feet on 9.13:1:: acres ofland located at 3515 U.S. Highway 1, based on the condition that prior to the issuance of a Development Order all comments from the Technical Review Committee are satisfactorily addressed. ACTION REQUESTED Motion to approve a commercial development (expansion of an existing mini-warehouse facility with additional RV parking area) with a building footprint of approximately 38,000 square feet on 9.13:1:: acres ofland located at 3515 U.S. Highway 1, based on the condition that prior to the issuance of a Development Order all comments from the Technical Review Committee are satisfactorily addressed. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: If so, DATE: YES NO X AGENDA ITEM # Concurrence: Darre Lear Development Ser ices Director Robin L. Matusick parale~al k ~ft4 Trtcey . Barlow City Manager ~ z+ e 8- ~ J: .~ u Q) Q) :r: :g en D t o ----------- I- r s: .c 0 .~ f en 5" ~ s:~ ~I-!l!..a.~,!'l' Iii' -- 63- ::IaO 0 = fl en::J ,... ~P.[ Q) idi 0;:0 en ~~g :!. - m <- ~ ~;;Q. ~ leg ~ "'C ,..[ 5- I c3-I:::r _ Z :!b ~ g<;>8 g~:-O -:Ii m R . ;~ l... ~e I It -"o..eD-! ""I : I I I 1'1 II ~~I.III I i I!I I I o + Ii Ii o ... m C> m Z Z I !!r g I II I .. ~ m;,;r .,. ~~t~ .. ~I ~ ... :eo ,."' !il~ ~~ ..m "'0 ~~ ;~ ~~ ~~ a III ~ '. '. /-; \~~~-- ...,:~:;~ .: .~~ " .~. ....... :H:ti '. \~ ~:.:~ ::- " i. ." l: z " '. 00 '" Cl t+ m X en --i :z G) o m < m r o "tJ s: m :z --i a> w 01 "tJ ;:0 o "tJ o en m o o m < m r o "tJ s: m :z --i AGENDA REQUEST C.A. #2010-041 Date: May 4,2010 PUBLIC HEARING BOARD APPOINTMENT ITEM DESCRIPTION: RESOLUTION ORDINANCE OTHER BUSINESS May 17,2010 CONSENT Request for consideration in reducing impact fees for an addition of 2,500 square feet of office and 3,100 square feet of storage units totaling 5,600 square feet at U-Sto-It located at 3725 US Hwy 1. BACKGROUND: City staff recently received a letter from Steve Clancy, which is the general contractor for U-Sto-It, requesting his consideration for reductions in impact fees to be placed on the May 1 ih agenda. The project had received an approved Development Order for the addition of the 5,600 square feet addition at 3725 US Hwy 1 on July 27,2009. The additional storage units will allow for the hiring of one additional employee. Although the office portion of the addition has yet to leased, it will accompany the hiring of 10 or more employees. Listed below are the development/impact fees for this project: Sidewalks - $ 4,711.65 Fire/EMS - $ 449.76 Police - $ 884.71 Transportation/Road Impact Fee - $ 7,264.95 Water Capital Charge - $ 2,418.75 (cannot reduce/waive) Sewer Capital Charge - $ 3,517.50 (cannot reduce/waive) Meter Deposit - $ 300.00 (direct cost) Sewer Connection - $ 1,113.92 (direct cost) Water Connection - $ 330.64 (direct cost) $20,991.88 STAFF RECOMMENDATION: None ACTION REQUESTED: Staff recommends that the City Council provide direction to the City Manager in regards to action requested of the City Council. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: Ifso, DATE: N/A YES NO X AGENDA ITEM # Concurrence: ~C)<rry~'1l-1~~ Robin L. Matusick Paralegal ,-- Clancy Construction LLC PO Box 2066 NSB, FL 32170 Phone 386-566-6188 Fax 386--I02-R-I-I-I RE(;EfVEJ' APR 2 6 2010 CITY ATTORNEY To: City of Edgewater Florida City Council Re: U-Sto-It 3725 US Hwy 1 Edgewater, Florida 32141 Dear Sir/Madam, my name is Stephen Clancy. I am with Clancy Construction LLC and I am representing U-Sto-It at the above mentioned address. We are requesting to be put on the May 17th agenda with the City Council to request a deduction in impact fees. We are approved to build 5,600 square feet of office and storage of which 2,500 square feet will be office. Our impact fees are around $21,000.00. We are requesting that you work with us on reducing these fees. With the storage unit we will be hiring an additional employee to work at U-Sto-It. The 2,500 sq. ft. office building has not been leased yet although interest has been shown by realtors to put a business there which in turn could employee ten or more employees in the area. With the present economical hardships we have been going through in the past several years we formally request a deduction in Impact Fee's. This is a very nice project and it will only enhance the City of Edgewater and its economical benefits of the community. I ask you to please consider. Best regards. () Steve Clancy ~- f/" Clancy Construction LLC CGC061594 .y?Z~O CITY OF EDGEWATER DEVELOPMENT ORDER NO. 09-01600001 I, the undersigned Development Services Director of the City of Edgewater Florida, do hereby grant a Development Order to Richard Dixon. P.E. aoolicant Project Number SP-0901 Ede:ee:ate LLCIU-Sto-It - 3725 U.S. Hie:hwav 1 in recognition of compliance with applicable regulations, standards, and procedure as outlined in the Land Development Code of the City of Edgewater. Comments/Conditions: );> The City of Edgewater Technical Review Committee granted approval of the above referenced site plan on July 27. 2009 with the following conditions 1. No water or wastewater capacity allocations will be allotted for any development until such time as all impact fees are paid. 2. A Florida Department of Environmental Protection permit for the sewer connection shall be required prior to Building Permit issuance. 3. AN EP A NPDES Notice of Intent for construction sites permit shall be required prior to Building Permit issuance. 4. A reduced pressure backflow prevention device will be required on the water services. Dated this 2ih day of July, 2009 Darren Lear Development Services Director The signature of the applicant affixed to this document is considered evidence of the applicant's acknowledgment and understanding of all conditions to be met as stipulated by the City of Edgewater. The signature is also considered evidence that the applicant understands that if any regulation, standard, procedure or condition is not complied with, to the full satisfaction of the City of Edgewater, the certificate of occupancy and/or final approval of the project shall be withheld by the City until compliance is verified. This order shall expire on July 27. 2010. (one (1) year after final action) unless a building permit or certificate of occupancy has been issued. Owner/Applicant Signature Date ST ATE OF FLORIDA, COUNTY OF VOLUSIA Sworn and subscribed before me this day of, ,2009. Personally known /Type of identification Notary Signature Printed/Typed Name of Notary AGENDA REQUEST Date: May 17. 2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS_X_ ITEM DESCRIPTION: FEMA BACKGROUND: FEMA wishes to close out all projects related to the 2004 hurricanes. In 2004 Hurricane Charley spun a tornado that caused major damage to Kennedy Park and surrounding property. The City of Edge water received Insurance money for damages totaling $189,965.74. These funds were disbursed into the general fund. FEMA agreed to reimburse the City $219,389.26 to rebuild the damaged facilities at another Park. FEMA has given the City numerous extensions in time to complete the project. However, as stated FEMA wishes to close out all projects by August and has asked what the City's time frame (if any) for project completion. Currently, no funds are budgeted for this project. The estimated projected total cost to rebuild the facility at Rotary Park would be approximately $513,000.00, of which approximately $300,000.00 would have to be budgeted out of General Fund and another extension would have to be requested. STAFF RECOMMENDA nON: Staff has no recommendation. ACTION REQUESTED: Staff recommends that the City Council provide direction to the City Manager in regards to action requested of the City Council. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQ fl1(~ PREVIOUS AGENDA ITEM: YES NO_X_ DATE: AGENDA ITEM NO. Respectfully submitted, ack Corder Department Director MEMO FROM: Mayor and Council Brett Tanner, Finance Director P1 g-- TO: DATE: February 23, 2007 SUBJECT: Information regarding FEMA project 3561 The breakdown ofFEMA revenue and budgeted expenses for FEMA project# 3561 (Kennedy Park Recreational Facilities) under Declaration# DRI539 (Hurricane Charley) is as follows: Budgeted FEMA Revenue: . Racquetball Court - . Shuffleboard Courts - . Shuffleboard Clubhouse - Total FEMA revenue $80,426.00 $150,163.00 $13,1 76.84 $243,765.84 Budgeted Expenses: . Shuffleboard Clubhouse- . Shuffleboard Courts with Lights- . Racquetball Courts- . Additional Engineering Fees- . Rotary Park Parking Lot- Total budgeted expenses $120,000.00 $217,000.00 $96,000.00 . $30,000.00 $50,000.00 $513,000.00 Pending Council's decision on buying the property next to the Library the bidding process has been delayed to review final location. DA TE: 05/06/2005 FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT APPLICATION SUMMARY (P.2) DISASTER #: 1539 PACKAGE NO: 67 P.A.ID: 127-19825-00 APPLICANT: EDGEWATER, CITY OF PW# VSN CAT INF COST SHR PROJECTED COMPL DATE APPROVED PW AMOUNT 3561 0 Site Number: 1 DAMAGED FACILITY: FACILITY LOCATION: E N N 02/13/2006 $243,765.84 KENNEDY PARK RECREATIONAL FACILITIES 103 N. RIVERSIDE DRIVE WORK TO BE COMPLETED SCOPE OF WORK: CONSTRUCT SIXTEEN (16) CONCRETE SHUFFLEBOARD COURTS, TWO (2) RACQUETBALL COURTS, INCLUDING ASSOCIATED LIGHTING AND FENCING AND 1200 SF CONCRETE BLOCK SHUFFLEBOARD CLUBHOUSE AT A NEW LOCATION IN ROTARY PARK AT 902 W. PARK AVE. THIS LOCATION IS OUTSIDE THE 100 YEAR FLOOD lONE, AND IS OWNED BY THE APPLICANT. HAZARD MITIGATION WILL BE ACHIEVED AS THE FACILITY WILL BE MOVED OUT OF THE FLOODPLAIN WHERE IT WAS SUBJECT TO REPEATED FLOOD DAMAGE. THESE FACILITIES WERE ORIGINALLY DESCRIBED AS PART OF THE PROJECT IN FEMA PW 2200. IT WAS AGREED TO REMOVE THE COST OF RACQUETBALL COURTS ($96,000), THE SHUFFLEBOARD COURTS ($217,000), AND THE SHUFFLEBOARD CLUBHOUSE COST ($120,000) FROM PW 2200 AND DEVELOP A SEPARATE CATEGORY "E" PW AFTER A RE-INSPECTION OF THE SITE. THE APPLICANT REQUESTS AN IMPROVED PROJECT AND WILL RELOCATE TO ANOTHER PROPERTY OWNED BY THE CITY (ROTARY PARK). A RE-INSPECTION OF THE CLUBHOUSE DETERMINED THE ESTIMATED COST TO BE $78,420.00. THE ESTIMATE FOR CLUBHOUSE REPLACEMENT OF $65.35 SF FROM RS MEANS (ATTACHED). lPW PWs: SUBGRANTEE ADMIN EXP: TOTAL: $ AMOUNT ELIGIBLE $243,765.84 $2,437.66 $246,203.50 $ FEDERAL SHARE $219,389.26 $2,437.66 $221,826.92 GRAND TOTAl: 1 PW PWs: SUBGRANTEE ADMIN EXP: TOTAL: $ AMOUNT ELIGIBLE $243,765.84 $2,437.66 $246,203.50 $ FEDERAL SHARE $219,389.26 $2,437.66 $221.826.92 GRANTEE ADMIN EXP: $1,109.14 APPROVED BY: VALERIE RHOADS PUBLIC ASSISTANCE OFFICER DATE: 05/06/2005 Page 1 of 1 PROJECT WORKSHEET REPORT DECLARATION NO. FEMA-FL - DR1539 FIPS NO. 127-19825-00 APPLICANT NAME EDGEWATER, CITY OF SUBDIVISION FEMA PW . 3561 REF' 35611V1 VSN PREPARED DATE 08/08/2007 REPORT DATE 08/17/200710:58 INF TYPE 0 INF . NON-INF o REC COST ESTIMATE IITEMI~SNI~I MA TERIAl AND/OR DESCRIPTION II UOM II QTY II UNIT PRICE II 1 0 9999 INSTALL RACQUETBALL COURT (PROPOSAL) EA 2 $48,000.00 ANTINORI GRUP 2 0 9999 INSTALL SHUFFLEBOARD COURTS (PROPOSAL) THE EA 16 $13,562.50 NIDY CO. 3 0 9999 SHUFFLEBOARD CLUBHOUSE BUILDING SF 1200 $65.35 4 0 5901 INSURANCE PROCEEDS (ANTICIPATED) LS 1 $-15.574.00 5 0 5901 INSURANCE PROCEEDS (ANTICIPATED) LS 1 $-66.837.00 6 0 5901 INSURANCE PROCEEDS (ANTICIPATED) LS 1 $-65.243.16 COST $96.000.00 $217,000.00 $78,420.00 ($15,574.00) ($66,837.00) ($65,243.16) $0.00 $243,765.84 $243,765.84 $219,389.26 Total (this version) Total Oblig To Date Unobligated + Obligated Federal Share for Obligated and Unobligated Eligible Amounts: SPECIAL CONSIDERATIONS 1 Does the damaged facility or item of work have insurance coverage and/or is it an insurable risk (e.g., buildings. equipment,vehicles,etc.)? COMMENTS: 08/10/200713:19:42 . Yes 0 No o Unsure NEED CURRENT INSURANCE POLICY AND ACTUAL STATEMENT OF VALUES. PER CECIL PACK 7/3012007 2 Is the damaged facility located within a floodplain or coastal high hazard area and/or does it have an 0 Yes . No impact on a floodplain or wetland? COMMENTS: 08/10/200713:19:42 FM 1203080001C ZONE AE 3 Is the damaged facility or item of work located within or adjacent to a Coastal Barrier Resource System Unit or an Otherwise Protected Area? 4 Will the proposed facility repairs/reconstruction change the pre-disaster conditions (e.g.. footprint, material, location, capacity,use or function)? COMMENTS: 08/10/200713:19:42 THE DAMAGED FACILITY WAS RELOCATED. 5 Does the applicant have a hazard mitigation proposal or would the applicant like technical assistance for a hazard mitigation proposal? 6 Is the damaged facility on the National Register of Historic Places or the state historic listing? Is it older than 50 years? Are there more,similar buildings near the site? 7 Are there any pristine or undisturbed areas on, or near. the project site? Are there large tracts of forestland? 8 Are there any hazardous materials at or adjacent to the damaged facility and/or item of work? 9 Are there any other environmental or controversial issues associated with the damaged facility and/or item of work? Page 4 of 11 o Unsure o Yes . No o Unsure . Yes o No o Unsure o Yes . No o Unsure o Yes . No o Unsure o Yes . No o Unsure o Yes o No . Unsure o Yes . No o Unsure AGENDA REQUEST Date: May 4,2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS May 17,2010 ITEM DESCRIPTION: Emergency Repairs to the Master Lift Station at the Wastewater Treatment Plant BACKGROUND: The Master lift station at the Wastewater Treatment Plant pumps sewage from the entire City into the Biological Nutrient Removal Basin. This lift station has three pumps with associated piping. One of the pipes inside of the wetwell has split due to age and hydrogen sulfide within the wetwell. While the City can maintain operations with only two pumps, the Florida Department of Environmental Protection requires redundancy, thus we are not complying with our Operating Permit. In addition, these are all the same age and the integrity of the other two piping systems is questionable. Per the City's Purchasing Policy, the City Manager has the authority to issue approval of an emergency repair affecting the City's health, safety and welfare or in the event the City may suffer a financial loss due to inaction. Costs associated with this repair are as follows: Quentin L. Hampton Associates, Inc (Work Order #2007-17) (Engineering, Contract Administration and Inspection Services Estimated Construction Costs Total $ 7,300 50,000 $57,300 STAFF RECOMMENDATION: Confirmation of the emergency repairs to the Master Lift Station at a cost ofS57,300 which included issuance of Work Order #2007-17 for services provided by Quentin L. Hampton Associates, Inc. ACTION REQUESTED: A motion to confirm the emergency repairs to the Master Lift Station at a cost of S57,300 which included issuance of Work Order #2007-17 for services provided by Quentin L. Hampton Associate, Inc. FINANCIAL IMPACT: (Finance Director) $57.300 GET AMENDMENT IS REQUIRED) \. YES~NO_ PREVIOUS AGENDA ITEM: Ifso, DATE: YES _NO ~ AGENDA ITEM # ~/jl~ Brenda L. Dewees Director of Environmental Services P.O. #7358 WORK ORDER NO. 2007-17 AGREEMENT FOR ENGINEERING SERVICES PROJECT: QUENTIN L. HAMPTON ASSOCIATES, INC. EMERGENCY LIFT STATION REPAIRS SEWER TREATMENT PLANT CITY: Edgewater, Florida DESIGN PROFESSIONAL: Quentin L. Hampton Associates, Inc. Execution of Work Order Number 2007-17 by the City, shall serve as authorization for Engineer to provide professional services for the above project. RESPONSIBILITY OF THE ENGINEER: Engineer shall provide said professional services pursuant to this Work Order, to perform the professional services as listed in the attached Proposal (attached and incorporated herein as Exhibit "A"). TIME FOR COMPLETION: The professional services authorized by this Work Order shall not exceed an overall period of thirty (30) days. COMPENSATION: Fees for services are at a not-to-exceed amount of seven thousand three hundred and 00/100 dollars ($7,300.00). Each invoice shall also be accompanied by a written concurrence from the Director of Environmental Services. (AgreementlQuentinHampton- WorkOrder#2007-17) CITY OF EDGEW A TER, FLORIDA Dated: WITNESSES: QUENTIN L. 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'" AGENDA REQUEST Date: May 4, 2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER BUSINESS May 17,2010 CONSENT ITEM DESCRIPTION: Cost Share Agreement between the St. Johns River Water Management District and City of Edgewater for the Edgewater Eastern Shores Stormwater Improvement Project. BACKGROUND: Application was made to the St. Johns River Water Management District for a grant through the Indian River Lagoon National Estuary Program in the amount of $100,000 for construction of the Eastern Shores Stormwater Improvement Project. On January 19 a presentation of the project was made to the St. Johns River Water Management Board and on February 10 approval of the grant was received. This money will be part of the City's matching fund requirement for the Florida Department of Environmental Protection grant previously received in the amount of $474,360. STAFF RECOMMENDATION: Approval of the Agreement and authorization for the Mayor to sign the agreement. ACTION REQUESTED: A motion to approve the Agreement between the St. Johns River Water Management District and the City of Edgewater for the Edgewater Eastern Shores Storm water Improvement Project and authorize the Mayor to sign the Agreement. FINANCIAL IMPACT: $100,000 UDGET AMEND~NT IS REQUIRED) !fIC YES XX NO Jo PREVIOUS AGENDA ITEM: If so, DATE: YES NO XX AGENDA ITEM # Respectfully submitted, Concurrence: ~~/A~. Brenda L. Dewees Director of Environmental Services ~~ci.; Robin L. Matusick Paralegal St. Johns River Water Management District Kirby B. Green III, Director . David W. Fisk, Assislant Executive Director 4049 Reid Street · P.O. Box 1429 · Pal atka, FL 32178-1429 · (386) 329-4500 On the Internet at f1oridaswater.com. LETTER OF TRANSMITTAL TO: Brenda Dewees DATE: April 30, 2010 City of Edgewater OVERNIGHT DELIVERY 409 Mango Tree Drive Edgewater, Florida 32132 Contract # 26524 We are sending you the following attachments for action as defmed below: o Specifications o Documents (x) Agreement o Correspondence o Amendment o Change Order o Work Order o Other COPIES DESCRIPTION ACTION 2 Agreement 1,2 & 8 ACTION CODE: 1. For your files 2. For execution & return 3. At your request 4. For review & comment 5. Insurance needed 6. W -9 form for execution & return 7. Performance/payment bond needed 8. See remarks REMARKS: Please sign and date both Agreement's where indicated and return one via overnight delivery to my attention no later than May 22, 2010. Keep one for your records. Please also call me at 386-329-4332 when the contracts have been signed. FROM: Lr? <tJ<uc 'iJ~ / Jo Rose Dugger Associate Contracts Administrator COPY TO: GOVERNING BOARD W. Leonard Wood, CHAIRMAN Hersey 'Herky" Huffman, SECRETARY Hans G. Tanzler III. TREASURER Douglas C. Bournique FERNANOINA BEACH ENTERPRISE JACKSONVillE VERO BEACH Michael Ertel Maryam H. Ghyabi Richard G. Hamann Arlen N. Jumper John A. Miklos OVIEDO ORMOND BEACH GAINESVillE FORT McCOY ORLANDO Contract #26524 Encumbrance #S004490 COST SHARE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF EDGEW A TER FOR EDGE WATER EASTERN SHORES STORMWATER IMPROVEMENT PROJECT THIS COST SHARE AGREEMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District"), whose address is 4049 Reid Street, Palatka, Florida 32177, and the CITY OF EDGEW ATER (the "City"), whose address is 409 Mango Tree Drive, Edgewater, Florida 32132. WITNESSETH THAT: WHEREAS, the District is a special taxing district created by the Florida Legislature and given those powers and responsibilities enumera~ed in chapter 373, Fla. Stat., whose geographical boundaries encompass the City of Edgewater and the Mosquito Lagoon; and WHEREAS, the District has determined that its needs will be best served by entering into a Cost Share Agreement for services that can be provided by the City (hereafter the "Work"). NOW THEREFORE, in consideration of the payments herein specified, and which the District agrees to make, City agrees to furnish and deliver all materials, to do and perform all work and labor required to be furnished and delivered, done and performed for Edgewater Eastern Shores Stormwater Improvement Project, Contract #26524. City agrees to complete the Work in conformity with this Agreement .and all attachments and other items specifically incorporated by reference are part of this Agreement as fully and with the same effect as if set forth herein. This Agreement consists of the following documents, including all modifications incorporated therein before their execution: Agreement; Exhibit "A" - Statement of Work; and all attachments hereto. ARTICLE I - TERM. SCHEDULE AND TIME OF PERFORMANCE A. Term. The term of this Agreement shall be from the Effective Date to the Completion Date. 1. Effective Date. The Effective Date of this Agreement shall be the date upon which the last party to this Agreement has dated and executed the same. 2. Completion Date. The Completion Date of this Agreement shall be no later than June 30, 2012, unless extended by mutual written agreement of the parties. All Work under this Agreement shall be completed for use no later than the Completion Date. B. Schedule of Work. shall commence the Work: [X] Within fifteen (15) days after the Effective Date; or [ ] Upon the issuance of a Notice to Proceed by the District; or [ ] Within fourteen (14) days of issuance of a Wark Order by the District; or Page 1 Contract #26524 Encumbrance #S004490 [ ] On (insert specific date). This date shall be known as the "Commencement Date." City shall prosecute the Work regularly, diligently, and uninterruptedly so as to complete the Work ready for use in accordance with the Statement of Work and the time stated for completion therein. The time stated for completion shall include the final cleanup of the premises, as applicable. A fifteen (15) day period has been included in the allotted time for completion to allow for mailing of this Agreement and the City's submission of any required submittals. City will not be allowed to commence the Work until any required submittals are received and approved. C. Time is of the Essence. The Commencement Date and Completion Date are essential conditions hereof. In addition, time is of the essence for each and every aspect of this Agreement. Where additional time is allowed for the completion of the Work, the new time limit shall also be of the essence. ARTICLE II - STATEMENT OF WORK AND DELIVERABLES A. Deliverables. The Work is specified in the attached Statement of Work. The City shall deliver all products and deliverables as stated therein. The City is responsible for the professional quality, technical accuracy, and timely completion of the Work. Both workmanship and materials shall be of good quality. The City shall, if required, furnish satisfactory evidence as to the kind and quality of materials provided. Unless otherwise specifically provided for herein, the City shall provide and pay for all materials, labor, and other facilities and equipment as are necessary for the performance of the Work. The District's Project Manager shall make a final acceptance inspection of the deliverables when they are completed and finished in all respects in accordance herewith. The parties may at any time agree in the form of a written amendment to make changes within the general scope of this Agreement to the Work to be provided hereunder. Neither party shall unreasonably withhold consent to any such amendment. B. Pro2ress Reports. The City shall submit Quarterly progress reports to the District's Project Manager in a form approved by the project manager. The progress report shall provide an updated progress schedule with each payment request, taking into account all delays, changes in the nature of the Work, etc. In addition to hard copies, all written deliverables (reports, papers, analyses, etc.) shall be submitted in machine readable form in formats consistent with the District's standard software products. The District's standard office automation products include the Microsoft@ Office Suite (Word, Excel, Access, and PowerPoint). Other formats may be accepted if mutually agreed upon by the District's Project Manager and chief information officer. Timely submittal of progress reports shall be a condition precedent to payment of invoices. C. Ownership. All deliverables are the property of the District, including Work that has not been accepted by the District, when the City has received compensation, in whole or in part, for the performance of the Work. All specifications and copies thereof furnished by the District are District property. They shall not be used on other work and, with the exception of the original plans and specifications, shall be returned to the District upon request after expiration or termination of this Agreement. Any source documents or other documents, materials, reports, or accompanying data developed, Page 2 Contract #26524 Encumbrance #S004490 secured, or used in the performance of this Agreement are District property and shall be safeguarded by the City. The original documents or materials, excluding proprietary materials, as outlined in the Statement of Work, shall be provided to the District upon the expiration or termination of this Agreement, or upon request. The City shall include language in all subcontracts that so provides. ARTICLE III - COMPENSATION A. Amount of Fundin2. For satisfactory performance of the Work, the District agrees to pay the City a sum in the amount not to exceed $100.000.00 (the "Total Compensation"). B. In-Kind Services. Through this Cost Share Agreement, the City agrees to provide $793.401 in the form of matching funds and in-kind services for this project. In the event project costs exceed this amount, the City shall be responsible for providing any additional funding required to complete the project. C. PAYMENT OF INVOICES (a) City shall submit one itemized invoice at the completion of Task 4 by one of the following two methods: (1) by mail to the St. Johns River Water Management District, Director, Division of Financial Management, 4049 Reid Street, Palatka, Florida 32177, or (2) bye-mail toacctoav@sirwmd.com. The invoice shall be submitted in detail sufficient for proper pre-audit and post-audit review, including documentation of City's in-kind contribution. Ifnecessary for audit purposes, the District may require and City shall provide additional supporting information to document invoices. The final invoice must be submitted no later than 45 days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the District's fiscal year (September 30), the final invoice must be submitted no later than 30 days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty may be waived by the District, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. City must request approval for delayed submittal of the final invoice not later than ten (10) days prior to the due date and state the basis for the delay. (b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30. Irrespective of the invoicing frequency, the District is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted prior to October 31. If the Agreement does not authorize submittal of an invoice as of September 30, City shall submit, prior to October 31, a description of the additional Work completed between the last invoice and September 30, and an estimate of the additional amount due as of September 30 for such Work. If there have been no prior invoices, City shall Page 3 Contract #26524 Encumbrance #S004490 submit a statement estimating the total Work performed and amount due as of September 30. (c) All invoices shall include the following information: (1) District contract number; (2) District encumbrance number; (3) District work-order number, if applicable; (4) City's name and address (include remit address, if necessary); (5) City's invoice number and date of invoice; (6) District Project Manager or Work Order Manager, if applicable; (7) City's Project Manager; (8) supporting documentation as to cost and/or project completion (as per the cost schedule and other requirements of the Statement of Work); (9) Progress Report (if required); (10) Diversity Report (if otherwise required herein). (d) Invoices that do not correspond with this paragraph shall be returned without action within twenty (20) business days of receipt, stating the basis for rejection. For construction contracts, payments shall be made within twenty (20) business days of receipt of an approved invoice. Payments for all other contracts shall be made within forty-five (45) days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement or project estimate for a Work Order (if applicable) includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost of providing the service that is borne by City and are only compensable when specifically approved by the District as an authorized District traveler. In such instance, travel expenses must be submitted on District or State of Florida travel forms and shall be paid pursuant to District Administrative Directive 2000- 02. (f) Payments withheld. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the District from loss as a result of: (1) defective Work not remedied; (2) failure of City to make payments when due to subcontractors or suppliers for materials or labor; (3) failure to maintain adequate progress in the Work; (4) damage to another contractor; or (5) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. D. The District shall pay City one hundred percent (100%) of each approved invoice. E. Release. Upon the satisfactory completion of the Work, the District will provide a written statement to the City accepting all deliverables. Acceptance of the final payment shall be considered as a release in full of all claims against the District, or any of its members, agents, and employees, arising from or by reason ofthe Work done and materials furnished hereunder. Page 4 Contract #26524 Encumbrance #S004490 ARTICLE IV - LIABILITY AND INSURANCE A. Each party to the Agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees, and agents thereof. In addition, each party is subject to the provisions of section 768.28, Fla. Stat., as amended. Nothing in this Agreement shall be construed as a waiver of sovereign immunity by any party hereto. B. Each party shall also acquire and maintain throughout the term of this Agreement such general liability, automobile insurance, and workers' compensation insurance as required by their current rules and regulations. ARTICLE V - FUNDING CONTINGENCY This Agreement is contingent upon funding in succeeding years, which may include a single source or multiple sources, including, but not limited to: (1) revenues appropriated by the District's Governing Board in its sole discretion and judgment for each succeeding year; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Should the Work provided for hereunder not be approved, in whole or in part, for funding in succeeding years, the District shall so notify City, and this Agreement shall be deemed terminated for convenience in accordance with ARTICLE VII.B. - TERMINATION FOR CONVENIENCE five (5) days after receipt of such notice, or within such additional time as the District may allow. ARTICLE VI - PROJECT MANAGEMENT A. Project Mana2ers. The Project Managers shall be responsible for overall coordination, oversight, and management of the Work. The parties agree to the following persons being designated as Project Manager: DISTRICT Robert Day, Project Manager St. Johns River Water Management District 525 Community College Parkway S.E. Palm Bay, Florida 32909 Office: (321) 984-4946 E-mail: rdav@sirwmd.com CITY Brenda Dewees, Project Manager City of Edgewater P.O. Box 100 Edgewater, Florida 32132 Office: (386) 424-2476 E-mail: bdewees@cityofedgewater.org B. District Project Mana2er. The District's Project Manager shall have sole and complete responsibility to transmit instructions, receive information, and communicate District policies and decisions regarding all matters pertinent to performance of the Work. The District's Project Manager shall have the authority to approve minor deviations in the Work that do not affect the Total Compensation or the Completion Date. The District's Project Manager and, as appropriate, other District employees, shall meet with the City when necessary in the District's judgment to provide decisions regarding performance of the Work, as well as to review and comment on reports. C. Chan2e in Project Mana2er. Either party to this Agreement may change its project manager by providing not less than three (3) working days prior written notice of the change to the other party. The District reserves the right to request the City to replace its project manager if said manager is unable to carry the Work forward in a competent Page 5 Contract #26524 Encumbrance #S004490 manner or fails to follow instructions or the specifications, or for other reasonable cause. D. Supervision. The City shall provide efficient supervision of the Work, using its best skill and attention. E. Notices. All notices to each party shall be in writing and shall be either hand-delivered or sent via U.S. certified mail to the respective party's project manager at the names and addresses specified above. All notices shall be considered delivered upon receipt. Should either party change its address, written notice of the new address shall be sent to the other parties within five (5) business days. Except as otherwise provided herein, notices may be sent via e-mail or fax, which shall be deemed delivered on the date transmitted and received. ARTICLE VII - TERMINATIONS A. Termination for Default. This Agreement may be terminated in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice delivered by certified mail, return receipt requested, and (2) an opportunity to consult with the other party prior to termination and remedy the default. B. Termination for Convenience. This Agreement may be terminated in whole or in part in writing by the District, provided the City is given: (1) not less than thirty (30) calendar days written notice by certified mail, return receipt requested, of intent to terminate, and (2) an opportunity for consultation prior to termination. C. If termination for the City's default is effected by the District, any payment due to the City at the time of termination shall be adjusted to cover any additional costs to the District because of the City's default. If termination for the District's default is effected by the City, or if termination for convenience is effected by the District, an equitable adjustment shall provide for payment of all services, materials, and costs, including prior commitment incurred by the City, up to the termination date. D. Upon receipt of a termination action under paragraphs "A" or "B" above, the City shall: 1. Promptly discontinue all affected work (unless the notice directs otherwise), and 2. deliver or otherwise make available all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the City in performing this Agreement, whether completed or in process. E. Upon termination under Paragraphs "A" or "B" above, the District may take over the Work or may award another party a contract to complete the Work. City shall provide the District with any licenses to enter real property interests owned by the City necessary for completion of the Work. If, after termination for failure of the City to fulfill contractual obligations, it is determined that the City had not failed to fulfill contractual obligations, the termination Page 6 Contract #26524 Encumbrance #S004490 shall be deemed to have been for the convenience of District. In such event, the adjustment of compensation shall be made as provided in Paragraph "C" of this section. ARTICLE VIII - MISCELLANEOUS PROVISIONS A. Assi2nment and Subcontracts. The City shall not assign this Agreement, or any monies due hereunder, without the prior written consent of the District. The City shall be responsible for the fulfillment of all work elements included in any subcontracts and shall be responsible for the payment of all monies due under any subcontract. The City shall be as fully responsible to the District for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as it is for its own acts and omissions. The City shall hold the District harmless from any liability or damages arising under or from any subcontract to the extent allowed by law. B. Attornev's Fees. In the event of any legal or administrative proceedings arising from or related to this Agreement, including appeals, each party shall bear its own attorney's fees. C. Audit: Access to Records. City agrees that the District or its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds hereunder, have access to examine any of the City's books, documents, papers, and other records involving transactions related to this Agreement. The City shall preserve all such records for a period of not less than three (3) years. Payment(s) made hereunder shall be reduced for amounts charged that are found on the basis of audit examination not to constitute allowable costs. The City shall refund any such reduction of payments. All required records shall be maintained until an audit has been completed and all questions arising from it are resolved. The City will provide proper facilities for access to and inspection of all required records. D. Civil Ri2hts. Pursuant to chapter 760, Fla. Stat., the City shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. E. Conflictin2 Provisions. If any provision hereof is found to be in conflict with the General Conditions, Special Conditions, or any attachments hereto, the terms in the body of this Agreement shall prevail. F. Construction of A2reement. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties, have contributed substantially and materially to the preparation hereof. G. Diversitv. The District is committed to the opportunity for diversity in the performance of all procurements, and encourages its prime vendors (contractors and suppliers) to make good faith efforts to ensure that women and minority-owned business enterprises (W IMBE) are given the opportunity for maximum participation, as the second- and lower-tier participants. The District will assist its vendors (contractors and suppliers) by sharing information on W IMBEs to encourage their participation. H. Entire A2reement. This Agreement, upon execution by the City and the District, constitutes the entire agreement of the parties. The parties are not bound by any Page 7 Contract #26524 Encumbrance #S004490 stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. The City agrees that no representations have been made by the District to induce the City to enter into this Agreement other than as expressly stated herein. This Agreement cannot be changed orally or by any means other than written amendments referencing this Agreement and signed by all parties. I. Florida Single Audit Act. (a) Applicability. The Florida Single Audit Act (FSAA), section 215.97, Fla. Stat., applies to all sub-recipients of state financial assistance, as defined in section 215.97(l)(q), Fla. Stat., awarded by the District through a project or program that is funded, in whole or in part, through state financial assistance to the District. In the event Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, Recipient must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, Fla. Stat.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, Recipient shall consider all sources of state financial assistance, including state financial assistance received from the District, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. Recipient is solely responsible for complying with the FSAA. If Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, Fla. Stat., is not required. In such event, should Recipient elect to have an audit conducted in accordance with section 215.97, Fla. Stat., the cost of the audit must be paid from the non-state entity's resources (i.e., Recipient's resources obtained from other than State entities). (b) Program Information This Agreement involves the disbursement of state funding by the Florida Department of Environmental Protection. Funding is provided under the State of Florida Water Management Lands Trust Fund program in the amount of$IOO,OOO. The Florida Catalog of Financial Assistance (CSFA) number for this program is CFSA No. 37.022. The District is providing a funding match of $0.00. (c) Additional Information. For information regarding the state program under the above CSF A number, Recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa/catalog.aspx for assistance. The following websites may be accessed for additional information: Legislature's Website at http://www.leg.state.fl.us/. State of Florida's website at http://myflorida.com, District of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.mvflorida.com/audgen/ . (d) Allowable Costs. Recipient may only charge allowable costs to this Agreement, as otherwise provided herein. Any balance of unobligated cash that have been Page 8 Contract #26524 Encumbrance #S004490 advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be returned to the District. (e) Audit Requirements. Recipient shall ensure that the audit complies with the requirements of section 215.97(7), Fla. Stat. This includes submission of a financial reporting package as defined by section 215.97(2), Fla. Stat., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Recipient shall comply with the program requirements described in the Florida Catalog of State Financial Assistance (CSF A) [https://apps.fldfs.comlfsaa/catalog.asPx1. The services/purposes for which the funds are to be used are included in the Statement of Work. (t) Financial Reporting. Recipient shall provide the District with a copy of any reports, management letters, or other information required to be submitted in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable, no more than 20 days after its preparation. Recipient shall indicate the date the reporting package was delivered to Recipient in correspondence . accompanying the reporting package. This information shall be directed to: St. Johns River Water Management District, Mr. Greg Rockwell, Director, Division of Financial Management, 4049 Reid Street, Palatka, FL 32117. A copy of the report shall also be provided to the Auditor General's Office at the following address: State of Florida Auditor General, Room 401, Claude Pepper Building, III West Madison Street, Tallahassee, Florida 32399-1450. (g) Monitoring. In addition to reviews of audits conducted in accordance with section 215.97, F.S., as revised, monitoring procedures may include, but not be limited to, on-site visits by District staff, limited scope audits, and/or other procedures. Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the District. In the event the District determines that a limited scope audit of Recipient is appropriate, Recipient agrees to comply with any additional instructions provided by the District to Recipient regarding such audit. Recipient agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the District's Inspector General or the state Chief Financial Officer or Auditor General. (h) Examination of Records. In addition to the District's audit rights otherwise provided for herein, Recipient shall permit the District or its designated agent, the state awarding agency, the Department of Financial Services, the state's Chief Financial Officer and the state's Auditor General to examine Recipient's financial and non-financial records to the extent necessary to monitor Recipient's use of state financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations, which may include onsite visits and limited scope audits. (i) Records Retention. Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the District, or its designee, state Chief Financial Officer, or Auditor General access to such records upon request. Page 9 Contract #26524 Encumbrance #S004490 Recipient shall ensure that audit working papers are made available for such access for a period of three years from the date the audit report is issued, unless extended in writing by the District. J. Governin1! Law. This Agreement shall be construed and interpreted according to the laws of the state of Florida. K. Independent Contractor. The City is an independent contractor. Neither the City nor the City's employees are employees of the District. The City shall have the right to control and direct the means and methods by which the Work is accomplished. The City may perform services for others, which solely utilize its facilities and do not violate any confidentiality requirements of this Agreement. The City is solely responsible for compliance with all labor and tax laws pertaining to it, its officers, agents, and employees, and shall indemnify and hold the District harmless from any failure to comply with such laws. City's duties with respect to itself, its officers, agents, and employees, shall include, but not be limited to: (1) providing Workers' Compensation coverage for employees as required by law; (2) hiring of any employees, assistants, or subcontractors necessary for performance of the Work; (3) providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and disability insurance; (4) payment of all federal, state and local taxes income or employment taxes, and, if the City is not a corporation, self-employment (Social Security) taxes; (5) compliance with the Fair Labor Standards Act, 29 V.S.C. ~~ 201, et seq., including payment of overtime in accordance with the requirements of said Act; (6) providing employee training for all functions necessary for performance. of the Work; (7) providing equipment and materials necessary to the performance of the Work; and (8) providing office or other facilities for the performance of the Work. In the event the District provides training, equipment, materials, or facilities to meet specific District needs or otherwise facilitate performance of the Work, this shall not affect any of the City's duties hereunder or alter the City's status as an independent contractor. L. Interest of City. City certifies that no officer, agent, or employee of the District has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the business of the City to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. M. Non Lobbvin1!. Pursuant to section 216.347, Fla. Stat., as amended, the City hereby agrees that monies received from the District pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other state agency. N. Release of Information. Records of the City that are made or received in the course of performance of the Work may be public records that are subject to the requirements of chapter 119, Fla. Stat. In the event the City receives a request for any such records, the City shall notify the District's Project Manager within three (3) workdays of receipt of such request and prior to the release of any information. Nor shall the City publish or release any information related to performance of this Agreement, or prepare, publish, or release any news or press release in any way related to this Agreement, without prior District review and the District's written consent. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. Page 10 Contract #26524 Encumbrance #S004490 O. Rovalties and Patents. Unless expressly provided otheIWise herein, the City shall pay all royalties and patent and license fees necessary for performance of the Work and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss on account thereof, provided, however, that the District shall be responsible for all such loss when the utilization of a particular process or the product of a particular manufacturer is specified by the District. If the City at any time has information that the process or article so specified is an infringement of a patent, it shall be responsible for such loss unless it promptly provides such information to the District. City hereby certifies to the District that the Work to be performed pursuant to this Agreement does not and will not infringe on any patent rights. P. Separate Counterparts. This Agreement may be executed in separate counterparts, which shall not affect its validity. Q. Venue. In the event ofany legal proceedings arising from or related to this Agreement, venue for such proceedings shall be in Orange County, Florida. R. Waiver of Ri2ht to JUry Trial. In the event of any civil proceedings arising from or related to this Agreement, the City hereby consents to trial by the court and waives its right to seek a jury trial in such proceedings, provided, however, that the parties may mutually agree to a jury trial. IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, and the City has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. ST. JOHNS RNER WATER MANAG ENT DISTRICT CITY OF EDGEW A TER By: Kirby B. Green III, E By: Date: ~~/o Typed Name and Title Date: APPROVED BY THE OFFICE / ~L ~ StarlIey J. Niego, Sr. Assistant General Counsel Attest: Typed Name and Title Documents attached: Exhibit A - Statement of Work Page 11 Contract #26524 Encumbrance #S004490 EXHmIT "A" - STATEMENT OF WORK Edgewater Eastern Shores Stormwater Improvement Project I. INTRODUCTIONIBACKGROUND Utilizing funds from the St. Johns River Water Management District (District), a Florida Department of Environmental Protection (FDEP) grant from the 319(H) non-point source program, and the City of Edgewater's (City) stormwater utility, the City will construct a stormwater treatment train to treat runoff from a 47 -acre commercial and high density residential basin discharging directly to the Mosquito Lagoon via the E-l Canal. The City will also create a pet waste educational campaign along the City's Riverwalk in cooperation with the University of Central Florida's Stormwater Management Academy. Currently, stormwater flows from this 47-acre built-out basin, enters the E-1 Canal and flows a few hundred feet eastward into the Mosquito Lagoon with no treatment. The basin consists of commercial properties along US 1 and the Florida East Coast Railroad, a mobile home park, single-family homes, industrial land and an existing borrow pit, including 250-feet of road runoff from US 1. Stormwater runoff from the mobile home park is discharged at the south boundary of the park into a pipe running southward along Dayton Street directly to the E-1 Canal. Riverwalk in Edgewater is adjacent to the 18th Street canal and is a popular waterfront and dog walk area. Many residents with dogs use this area as a leashed dog walk contributing bacterial pollution when their pet's waste washes into the lagoon duririg storm events. II. OBJECTIVE The primary objective of this project is to reduce the amount of pollutants discharged into the Mosquito Lagoon from this basin. The proposed non-point source management measure is the physical removal of nutrients, suspended solids and organic material from the E-1 Canal prior to the canal water's entry into Mosquito Lagoon, and the reduction of pet waste bacteria impacts from a lagoon waterfront park. The proposed project will capture stormwater runoff in a series of ditch-bottom inlets, and this captured runoff will be directed to a baffle box to be constructed within the limits of a parcel containing a borrow pit on Dayton Street which has been purchased by the City. The parcel is approximately 2.1 acres in size, and the existing borrow pit is approximately 1.1 acres in surface area at elevation 10.0. The borrow pit will be re-graded as necessary with slopes varying from 4H:IV to 2H:IV, to convert it from a stagnant holding pond to a functioning element ofa basin-wide stormwater treatment system. From the baffle box, flow will discharge into the stormwater treatment pond, and a new structure will be built to control the pond's elevation and to discharge the treated stormwater to an upgraded pipe on Dayton Street, which will then discharge to the E-l Canal. By utilizing the existing borrow pit for stormwater treatment, the City will not only enhance the aesthetics of the area and provide a quality-of-life benefit for adjacent property owners, but will also provide a high degree of nutrient removal efficiency for the stormwater runoff stream prior to its discharge to the Mosquito Lagoon. The baffle box to be installed upstream of the pond will be sufficiently designed to remove a large percentage of floating material, sediment and solids. Page 12 Contract #26524 Encumbrance #S004490 The goal of the project is to implement a localized Best Management Practice that will improve the water quality of the Mosquito Lagoon. This project goal conforms to the goals of the IRL Comprehensive Conservation and Management Plan (CCMP) and the Surface Water Improvement and Management (SWIM) Plan to upgrade existing stormwater systems and decrease inputs of excessive amounts of nutrients from non point sources. The construction of these Best Management Practice elements will provide a high level of removal of Total Suspended Solids (TSS), phosphorus, nitrogen, and coliform from the Eastern Shores drainage basin. This project is anticipated to reduce estimated pollutant loadings of TSS by 99% or a reduction of 8,562.5 kg/yr, Total Phosphorus by 88% or a reduction of 48.2 kg/yr and Total Nitrogen by 53% or a reduction of 163.8 kg/yr. The area of the City known, as Riverwalk will be used as a target area for education activities and evaluation of pet owner disposal of pet waste. Riverwalk is adjacent to the 18th Street canal and is a popular waterfront and dog walk area. The linear'park runs along the Mosquito Lagoon and joins the canal maintenance berm, where dog walking also takes place. The City proposes a campaign that will reduce the amount of dog waste by raising awareness about the link between pet waste and water quality, facilitating action by placing dog waste receptacles, and evaluating behavior change through observational studies in cooperation with the University of Central Florida's Stormwater Management Academy. III. SCOPE The City shall complete a project site survey and design of the stormwater treatment facilities, comply with all federal, state and local government regulatory requirements, and obtain all necessary project permits. The City shall work with all affected property owners prior to project implementation to resolve any existing utility conflicts, potential traffic pattern disruptions and shall make every effort to minimize the impact of the project on those property owners. The City shall prepare, advertise, review and award the construction bid. The City shall insure all permitted stormwater treatment facilities are properly constructed and operational per the project design, including installation of ditch-bottom inlets, a nutrient separating, sediment trapping baffle box and excavation of the existing borrow pit for conversion into a wet stormwater detention pond, and associated piping, all as an interconnected stormwater treatment train system. The baffle box unit shall be placed on a regular maintenance schedule to be cleaned at regular intervals. Permanent informational signage describing the stormwater treatment train approach and citing participating project partners shall be placed at the project site or as close as possible to the project site. Signage shall include a high quality District logo. The City shall provide grant project administration including submittal of quarterly progress reports and a final project report including construction photographs. The City shall implement the FDEP approved water quality monitoring project component to assess the pollutant load reduction achieved by the installed stormwater treatment facilities. The City shall implement an educational campaign whose goal is to raise awareness about the link between pet waste and water quality, install three dog waste receptacles, signage, and Page 13 Contract #26524 Encumbrance #S004490 complete an evaluation of behavior change through observational studies in cooperation with the University of Central Florida, Stormwater Management Academy. IV. TASK IDENTIFICATION Task I: All work required to prepare a complete survey of the project site identifying all elevations, discharge pipes and utility locates and develop all project site plans. Task 2: All work required to complete the project engineering design, resolve utility conflicts and minimize the impact of the project on adjacent property owners and to comply with all federal, state, regional and local government regulatory requirements and obtain all necessary project permits. Task 3: All work required to prepare, send, receive, evaluate and award project construction bids. Task 4: All work required to construct the stormwater treatment facilities, associated piping, and project site clean up. Stormwater facilities include installation of 29 ditch-bottom inlets, installation of a sediment trapping baffle box with screening system to separate floatable debris, trash, leaf litter and vegetation; construction modification of the existing borrow pit into a stormwater detention pond with a control structure, and associated stormwater piping. Task 5: All work required to administer project grants, construction management, prepare quarterly progress reports with construction photos and install project informational signage. Task 6: All work required to implement the FDEP approved water quality monitoring plan. Task 7: All work required to plan and implement an education campaign to engage the public in protecting water quality by reducing pet waste impacts through educational activities, installation of three pet waste receptacles, and completion of report evaluating behavior change through observation studies to determine the campaign's success. Task .8: All work required to develop and submit a project implementation fmal report including as-built survey; letter of acceptance; project reimbursement invoices, and justification documentation for all requested project reimbursement costs including the City's matching contributions from the stormwater utility. V. DELIVERABLES and TIMEFRAMES All Deliverables shall be sent to the District office located at: 525 Community College Parkway South East Palm Bay, Florida 32909 Deliverables are to be addressed to the attention of Robert Day. Task I: Project site survey and utility locates. Task 1 Deliverable shall be due in District offices by May 28, 2010 Deliverable: Copy of site survey Task 2: Project design and utility conflict resolution, project permits. Task 2 Deliverable shall be due in District offices by May 28, 2010. Page 14 Contract #26524 Encumbrance #S004490 Deliverable: Copy of engineering design and all project permits. Task 3: Prepare, send, receive, evaluate and award project construction bid(s). Task 3 Deliverable shall be due in District offices by May 28,2010. Deliverable: Copy of construction contract. Task 4: Installation of 29 ditch-bottom inlets, installation of sediment trapping baffle box with floatable debris screening system, construction of a stormwater detention pond with control structure, installation of upgraded piping on Dayton Street to convey stormwater to the E-l Canal, and project site clean-up. Task 4 The target completion date for Task 4 shall be 11/30/2010: Deliverable: Task 5 quarterly reports with photographs of work progression. Schedule of future baffle box maintenance activities. Task 5: Administration of project grants, construction management, quarterly progress reports with construction photos, install project informational signage. Task 5 Deliverable: The City shall provide copies of quarterly reports as required by the FDEP 319(H) grant to the District when those reports are due to FDEP. Deliverable: Quarterly reports and Photographs of project informational sign age. Task 6: Water Quality Monitoring Project Plan, sample collection, analysis and report. Task 6 Deliverables shall be due in District offices by the following dates: FDEP approved Water Quality Monitoring plan by November 30,2010. Water Quality Monitoring Report by June 30, 2012. Deliverable: Water quality monitoring plan and results report. Results report shall be included in project Final Report. Task 7: Education campaign, installation of three pet waste receptacles, and completion of report evaluating behavior change through observation studies to determine the campaign's success. Task 7 Deliverable shall be due in District office by the following dates: Education campaign plan by June 30, 2010 Photos of installed pet waste receptacles by October 1,2010. Report of behavior change and campaign results by October 31,2011. Deliverable: education plan, photos and evaluation report. Task 8: Project Final Report. Task 8 Deliverable shall be due in District offices by June 30, 2012. Deliverable: One original and one copy of the Final Report and one electronic copy. Final report shall include the results from the water quality monitoring project, the education campaign and a record of the pounds of sediment/debris removed through the regular maintenance of the baffle box. Page 15 Contract #26524 Encumbrance #S004490 VI. BUDGET Task Line Task Description District Cost Share Funding Cost Share Funding Item WMLTF Amount Source Funding Amount 1 Survey Project Site $44,534 City of Edgewater Stormwater Utility ql'~" ,~j>"~ ~~ ,<i"~ 2 Engineering Design i0'V .", $82,800 City of Edgewater . , Stormwater Utility 3 Prepare, send, receive, Included with grant award construction bid project administration- '. Task #5 4 Construction of storm $100,000 $382,610 DEP 319(H) water facilities $127,990 City of Edgewater Stormwater Utility 5 Grant Project o . "';, ,~~" ';~7'~ '0' $30,000 DEP 319(H) Administration ,<, 'r."~,.>,<. ;,,;' 'I, .'"." J;'\,. $13,717 City of Edgewater Stormwater Utility 6 Water Quality "', ~ $25,000 DEP 319(H) Monitorim! + ~ $25,000 City of Edgewater Stormwater Utility 7 Education Component " ~" $36,750 DEP 319 (H) . " $25,000 City of Edgewater Stormwater Utility 8 Final Report ':1" "" ~ Included in grant project administration- ,. Task 5 , Summary Cost $100,000 $793,401 "",""~' ~:"; " 4f .,. Project Total Cost $893,401 "" ~ *"'~'-..r<~-t; , ,,;,i<,, " The City shall invoice the District at the conclusion of and acceptance by the City of the Task 4 proiect construction component. The City shall provide documentation of in-kind and cash match contributions for Tasks 1. 2. 3 and 4 alone with their reimbursement request invoice for Task 4. Page 16